scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

Framework for Analysis of Legal Mobilization: A Decision-Making Model

1982 ◽  
Vol 7 (4) ◽  
pp. 989-1071 ◽  
Author(s):  
Frances Kahn Zemans
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Mobilization ◽  
Access To Justice ◽  
Relevant Variables ◽  
Individual Actor ◽  
The Law ◽  
American Legal System ◽  
The Individual ◽  
Decision Making Model

The American legal system, structured in an entrepreneurial mode, relies upon the individual actor to personally evaluate the burdens and benefits of invoking the law on his or her own behalf. Without discounting the contribution to our understanding of legal mobilization which has been made by the access-to-justice movement, the author argues that focusing on the poor and the distribution of legal services has limited our understanding of the legal system.The article presents an alternative analytic framework for examination of citizen use of the law. The model of legal mobilization presented focuses on demands rather than needs, on citizens rather than lawyers or judges, on decision making rather than access, and on invoking the law rather than compliance with it. Drawing on the literature and available empirical evidence, the author attempts to analytically clarify the complex process of legal mobilization by organizing relevant variables into a decision-making model that focuses on the individual actor and the factors weighed in deciding whether and how to proceed in mobilizing the law.

scholarly journals The Draft Mental Incapacity Bill

2014 ◽  
Vol 1 (10) ◽  
pp. 16
Author(s):  
Camilla Parker
Keyword(s):  
Decision Making ◽  
Current System ◽  
Reform Process ◽  
Decision Making Process ◽  
Comprehensive Reform ◽  
The Law ◽  
The Government ◽  
Significant Stage ◽  
Draft Bill ◽  
Consultation Paper

<p align="LEFT">Despite the general agreement with the Law Commission’s assessment of the failings of the current system for decision-making on behalf of people who lack the capacity to make decisions for themselves, the steps towards achieving comprehensive reform, as recommended in its report, Mental Incapacity, has been a protracted process. Mental Incapacity was followed, two years later, by a consultation paper – 'Who Decides? Making Decisions on Behalf of Mentally Incapacitated People' – in which the Government sought views on the Law Commission’s recommendations for reform. In October 1999, the Lord Chancellor’s Department published 'Making Decisions', which set out the Government’s proposal for reform, "in the light of the responses to the consultation paper Who Decides".</p><p align="LEFT">In June of last year the reform process moved to a significant stage with the publication of the Government’s draft Mental Incapacity Bill (‘the Draft Bill’). This set out proposals to reform the law: "in order to improve and clarify the decision making process for those aged 16 and over who are unable to make decisions for themselves." Thus provisions set out in the Draft Bill are based on the Law Commission’s recommendations.</p>

Small Claims

2006 ◽  
Author(s):  
James E. Shaw
Keyword(s):  
Criminal Justice ◽  
Alternative View ◽  
Ordinary People ◽  
Civil Justice ◽  
Market Rules ◽  
Small Claims ◽  
Legal Costs ◽  
The Law

While criminal justice emphasizes the role of law as an instrument of control, the study of civil justice presents an alternative view of the law as a resource. The criminal branch of the Giustizia Vecchia enforced market rules in partnership with the guilds, but parallel to this was a civil branch that considered private disputes. This chapter examines how far this civil justice was accessible to ordinary people. In particular, it asks whether the Giustizia Vecchia can be defined as a court of equity or as a court of law, and analyses the practical consequences of this for ordinary people. The vast majority of lawsuits fall into the category of small claims, defined in Venice as those worth up to 50 ducats. It was to keep legal costs down as far as possible, even if this meant accepting lower standards of justice.

Satu Kahkonen and Anthony Lanyi. Institutions, Incentives, and Economic Reforms in India. New Delhi: Sage Publications, 2000. 516 pages. Hardback. Price Indian Rs 595.00.

2001 ◽  
Vol 40 (1) ◽  
pp. 71-74
Author(s):  
Attiya Y. Javed
Keyword(s):  
Reform Process ◽  
New Delhi ◽  
Social Rules ◽  
Reform Agenda ◽  
The Social ◽  
Wide Range ◽  
Rural Governance ◽  
Private And Public ◽  
Economic Landscape ◽  
Number Of Authors

The economic reform process began in India in 1991. However, the reform agenda is still far from its goals as is evident from low per capita income. Thus, this reform effort has not produced the desired outcome of a faster rate of economic and social development in a meaningful way. It is the premise of this volume that to transform the social and economic landscape, the proposed reforms should be broadbased and multi-pronged which take into account incentives for the stockholders in both the private and public sectors. The institutions are the rules that govern economy and include the fundamental legal, political, and social rules that establish the basis for production, exchange, and distribution. The two editors of this volume have received contributions from a number of authors and the wide range of papers are grouped under five main headings: political economy of reforms, reforming public goods delivery, reform issues in agriculture and rural governance, and reforming the district and financial sector.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

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