scholarly journals Moving Toward a More Perfect World: Achieving Equal Access to Justice through a New Definition of Judicial Activism

2014 ◽  
Vol 17 (02) ◽  
pp. 285
Author(s):  
Fern Fisher
2021 ◽  

The thirtieth anniversary of Ukraine's independence is the best time to make conclusions and analyze what was achieved. This book is a collection of papers focused on various aspects of justice performing and the judiciary funcrioning in Ukraine. Jne common idea covers the whole book - ensuring equal access to justice for all and effective protection of the rights of those who seek it.


2018 ◽  
Vol 18 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Michele Burman ◽  
Oona Brooks-Hay

Since 2000, the Scottish Government has adopted a gendered definition of domestic abuse which explicitly positions it as both a cause and a consequence of gender inequality. Following the launch of a new strategy to prevent and eradicate violence against women and girls, the Scottish Government announced proposals to create, for the first time, a bespoke offence of domestic abuse, designed to encompass the spectrum of abusive acts that constitute domestic abuse, including emotional and psychological abuse. The new offence is intended to better reflect the experience of victims subject to coercive control, improve the criminal justice response and facilitate access to justice. It represents one of the most radical attempts yet to align the criminal justice response with contemporary policy and feminist conceptual understanding of domestic abuse as a form of coercive control. Drawing on feminist scholarship which has interrogated the value of law reform, we critically assess the scope of the legislation, the likely challenges associated with its use in the Scottish context, and the potential for unintended consequences.


2019 ◽  
Vol 7 (2) ◽  
pp. 233-269
Author(s):  
Sarah Tan

AbstractOn September 2015, countries around the world pledged to end poverty, protect the planet, and hit specific developmental targets within fifteen years at the signing of th|e United Nations 2030 Agenda. Within the 2030 Agenda are seventeen Sustainable Development Goals (SDG). Goal 16 of the SDG contains twelve targets; of these, Target 16.3 is aimed at ensuring equal access to justice for all and Target 16.10 at ensuring public access to information. Malaysia as a signatory has pledged its commitment to fulfilling these SDGs. This paper's primary focus is on the fulfilment of Targets 16.3 and 16.10 within Malaysia's legal environmental framework. At present, there are provisions that ensure equal access to justice and those that ensure public access to information; however, it is suggested that these are insufficient, uncommon, and limited. This paper proposes an amendment to the Federal Constitution to include the express right to a clean environment, and demonstrates, through comparative study, the success similar provisions have had on the environmental protection laws of other countries such as India, the Philippines, South Africa, Nepal, the Netherlands, and Nigeria. It then considers what possible lessons Malaysia could glean from these national experiences in fulfilling its goals for Targets 16.3 and 16.10 before concluding with the proposition that Malaysia should consider an express constitutional right to a clean environment if she intends to meet her SDG goals.


1984 ◽  
Vol 84 (4) ◽  
pp. 1089
Author(s):  
John J. Sullivan

Author(s):  
Khắc Hải Nguyễn

Research clarifies basic issues related to victims of crime as a social and legal phenomenon. Study gives definition of victims of crime, analyses victimization and its causes developed rely on theories as lifestyle model, routine activity approach and opportunity. Besides, the article studies international standard and the rights of victims like access to justice and fair treatment, restitution, compensation, and assistance. The role of victims of crime in criminal justice system and government’s responsibility are also core issues mentioned in the research. 


Author(s):  
L. V. Starodubova ◽  
◽  
L. A. Ingannamorte ◽  

The paper considers the factors significantly influencing the implementation of the principle of access to justice and develops the definition of these factors and their classification. The principle of access to justice is one of the essential procedural principles that guarantee the fulfillment of the goals and objectives set for justice, which necessitates a clear and comprehensive understanding of both the inner content of this principle and the phenomena closely related to it. The factors of access to justice as one of the scientific categories are practically not studied in the literature – many authors use this term (some of them offer their classification) but the factors are poorly researched, only as a necessary addition to the research subject-matter without giving them due attention for implementing this procedural principle. This study has practical significance: the consolidation of the principle of access to justice in the branch procedural codes (which, undoubtedly, should happen) should be supported with the detailed description of how this principle should be implemented in practice and what must be considered to assess the performance of the judicial system in the context of compliance with this principle. A simple statement that justice should be accessible is nothing more than a declarative norm (which already exists in the country’s fundamental law). For this purpose, it is necessary to create a normative description of facts and circumstances, the presence or absence of which should indicate whether justice is accessible at the moment.


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