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Journal articles on the topic 'Access pathways to constitutional justice'
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1
Samson, Marika Giles. "The Importance of Effective Access to Justice for Charter Violations and the Role of the Court Challenges Program." Windsor Yearbook of Access to Justice 39 (September 30, 2024): 471–95. https://doi.org/10.22329/wyaj.v39.9018.
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This paper argues that the Canadian Charter of Rights and Freedoms can only deliver on its promises when those who benefit from its guarantees are able to challenge government action in courts. This is true both in considering the Charter as a constitutional document and as a human rights instrument. As such, we must be concerned about whether rightsholders have effective access to the courts to bring such cases, particularly given the long-term crisis in access to justice in Canada. Finding that access is often out of reach, the paper then considers the role that the Court Challenges Program, a publicly funded not-for-profit organization that provides funding to groups and individuals seeking to bring Charter challenges, can and does play in creating pathways for accessing Charter justice.
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BARBU, S. G., and C. M. FLORESCU. "Aspects concerning the admissibility of the exception of unconstitutionality." SERIES VII - SOCIAL SCIENCES AND LAW 13(62), no. 2 (July 16, 2020): 293–98. http://dx.doi.org/10.31926/but.ssl.2020.13.62.2.17.
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Access to constitutional justice by way of the exception of unconstitutionality is subject to conditions, provided by law and developed in the practice of the Romanian courts of justice and of the Constitutional Court. An exception of unconstitutionality implies a procedural mechanism that must meet the conditions of predictability and clarity, in order to ensure legal certainty and effective access to constitutional litigation. We intend this paper to be a useful tool for litigants and for the courts when they refer to the Constitutional Court with exceptions of unconstitutionality, in terms of a clear delimitation of the powers of the courts of justice and the Constitutional Court.
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Shelever, Nataliya, Mykhailo Herevych, Yana Fenych, Iryna Sukhan, and Pavlo Cherevko. "Guarantees for the exercise of the constitutional right of access to justice." Cuestiones Políticas 41, no. 79 (October 20, 2023): 706–22. http://dx.doi.org/10.46398/cuestpol.4179.47.
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Through the dialectical method and the study of the doctrine, the research focuses on the theoretical and practical analysis of such a multifaceted legal category as access to justice. The author’s definition of the essence and content of the constitutional guarantee of the right of access to justice is presented. Modern issues of ensuring access to justice in Ukraine are highlighted. The description of typical forms of realization of the right of access to justice such as e-justice; constitutional complaint and right to free legal aid is given. Factors hindering the implementation and protection of the right of access to justice have been identified: instability of the legal system; deficiencies in the judicial practice of law enforcement; shortage of judicial personnel and others. In the conclusions of the case, it highlights the priority of alternative ways of guaranteeing access to justice such as mediation, restorative justice and arbitration tribunals. Finally, the main advantages of the specified interdisciplinary legal institute are identified.
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Fokin, Evgeniy. "Access to Justice in Bankruptcy Cases." Journal of Russian Law 28, no. 11 (2024): 46. https://doi.org/10.61205/s160565900032071-2.
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The subject of this study is the issues of ensuring the access to justice in insolvency (bankruptcy) cases. The author substantiates the relevance of understanding the judicial procedures for considering bankruptcy cases through the prism of the theoretical concept of accessibility of justice, and states its main approaches. Access to justice is proposed to be considered in three aspects: theoretical (doctrinal), legislative and practical. Ensuring the accessibility of justice in bankruptcy cases is also considered through these aspects. The problem of the applicability of theoretical interpretations of the concept of “justice” to bankruptcy cases is shown. The amendments to the Bankruptcy Law of 2024, developed and proposed by the Supreme Court of the Russian Federation, are considered in detail. It is emphasized that they modernize the procedure for considering bankruptcy cases and contribute to ensuring the accessibility of justice. The need for legislative specification of judicial control over the implementation of extrajudicial bankruptcies by multifunctional centers for the provision of state and municipal services is emphasized. The article examines the trends in the practice of the Constitutional Court of the Russian Federation, which in recent years has repeatedly addressed the issues of the constitutionality of procedural regulations for the consideration of bankruptcy cases. It is concluded that the constitutional control body in relation to this category of economic disputes has begun to form judicial doctrines that are of positive importance for ensuring the accessibility of justice. At the same time, the urgent task of law enforcement practice is the implementation of the legal positions of the Constitutional Court in judicial arbitration practice.
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Nalyvaiko, Larysa, and Maryna Zielienina. "Models of direct individual access to constitutional justice." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (January 3, 2020): 7–11. http://dx.doi.org/10.31733/2078-3566-2019-4-7-11.
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Gritsenko, Elena, and Rosemarie Will. "Access to constitutional justice in Russia and Germany." Sravnitel'noe konstitucionnoe obozrenie 129, no. 2 (2019): 51–78. http://dx.doi.org/10.21128/1812-7126-2019-2-51-78.
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Mazzeschi, Riccardo Pisillo. "ACCESS TO JUSTICE IN CONSTITUTIONAL AND INTERNATIONAL LAW: THE RECENT JUDGMENT OF THE ITALIAN CONSTITUTIONAL COURT." Italian Yearbook of International Law Online 24, no. 1 (October 22, 2015): 7–23. http://dx.doi.org/10.1163/22116133-90000070a.
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In its judgment No. 238/2014 the Italian Constitutional Court, whilst appearing to show respect for the ICJ’s 2012 judgment in Jurisdictional Immunities of the State, makes notable criticisms of that judgment and insists on its own role in the progressive development of international law in the field of State immunity. In particular, the main legal argument of the Constitutional Court, based on the fundamental and inviolable character of the right of access to justice in constitutional law, can also be used, although modified to some extent, in international law. The Court’s argument can also resolve the possible conflict between the international norm of State immunity, on the one hand, and the international norms on fundamental human rights and access to justice, on the other. The present contribution seeks to demonstrate that: (a) the right of access to justice and the connected right to reparation for violations of fundamental human rights are established by two customary international norms; (b) there is a potential conflict between these norms and the norm of State immunity; (c) this conflict becomes real and concrete when the limits on access to justice and reparation laid down by immunity are unjustified in accordance with the rule of “equivalent protection”; and (d) the solution to that conflict derives from the normative superiority of the customary norms on access to justice and reparation (being peremptory in nature when functionally linked to the violation of fundamental human rights) over the norm of State immunity. The judgment of the Constitutional Court, utilizing legal reasoning that can also translate to the level of international law, demonstrates that osmosis may occur between the arguments used in constitutional and international law, and that today there is growing interaction between the domestic and international legal orders and their common values. The law of human rights, placed at the very center of the Constitutional Court’s judgment, is the field in which this community of values emerges most clearly.
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BĂDESCU, Mihai, and Marieta SAFTA. "ENHANCING CONSTITUTIONAL JUSTICE AT THE REGIONAL LEVEL THROUGH INTERNATIONAL COOPERATION." Annals of the Academy of Romanian Scientists Series on Philosophy, Psychology and Theology 11, no. 1-2 (October 30, 2023): 5–16. http://dx.doi.org/10.56082/annalsarsciphil.2023.1-2.5.
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The complex political and legal issues and the specific particularities of the development of the countries in the Black Sea region are also reflected in the evolution of constitutional justice in this area. Starting from the premise of the importance of constitutionality control in defence of the values of democracy and fundamental rights, we will approach the issue of constitutional justice from the perspective of regional connection and support mechanisms. The study is an invitation to deepen the subject of the organization and functioning of constitutional justice, to raise awareness of the fact that it inherently reflects regional problems in terms of the causes and issues faced by the constitutional courts, as well as the importance of cooperation to strengthen constitutionality control and facilitate access to the constitutional justice.
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Sverba, Y. І. "Ensuring the exercise of the right to access to justice as a mandatory attribute of a constitutional state." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 311–16. http://dx.doi.org/10.33663/2524-017x-2021-12-52.
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The article analyzes both the positive and negative obligations of the state regarding the right to access to justice. Based on the principle of separation of powers into legislative, executive and judicial, emphasis on the need for real justice in constitutional state, as well as ensuring its accessibility, is made. Some aspects of the European Court of Human Rights case-law in the field of access to justice are considered. It is also hypothesized that the ECtHR case-law ensures the dynamic development of the European Convention on Human Rights provisions. In particular, the article analyses several ECtHR decisions which explicitly state that the Convention is intended to guarantee not theoretical and illusory, but practical and effective rights («Matthews v. The United Kingdom», «Bellet v. France and others»). The decision of the Constitutional Court of Ukraine is studied, which, inter alia, reveals the special role of constitutional and administrative proceedings in ensuring the rule of law. The obligation of the state to ensure equal access to justice is stated, since the purpose of justice is to protect violated, disputed rights, freedoms that belong directly to the person applying to the court for their protection. Therefore, the exercise of the right guaranteed by part two of Article 55 of the Constitution of Ukraine to appeal court decisions, actions or omissions of subjects of power must be ensured in accordance with the stated purpose of justice. At the same time, this right connects to the opportunity of every person to justify before the court conviction in the illegality of interference by the subjects of power in rights and freedoms concerned. The article analyses the decision of the Grand Chamber of the Supreme Court, which reveals the legal nature of ensuring access to justice in criminal, or administrative offenses. It is stated that the attributes of the rule of law are not limited to the justice and access to it, and their autonomous existence is impossible in a society where other democratic institutions do not work. Keywords: the rule of law, justice, access to justice, constitutional state, human rights, legal aid.
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Balatska, O. "The right to a constitutional complaint as an element of access to constitutional justice." Uzhhorod National University Herald. Series: Law 4, no. 84 (September 28, 2024): 151–57. http://dx.doi.org/10.24144/2307-3322.2024.84.4.21.
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The article is devoted to the study of the right to file a constitutional complaint as a component of ensuring access to constitutional justice. Based on the analysis of Ukraine’s legal doctrine and legislation, it has been established that the institution of constitutional complaint became a novelty within the framework of the institutional judicial reform regarding justice in 2016, which was accompanied by amendments to the Constitution, and the practical implementation of these provisions, as well as the consideration of constitutional complaints by the Constitutional Court of Ukraine began in 2018. The article establishes that the peculiarities of the constitutional complaint in Ukraine allow it to be characterized as individual, direct, and «partially normative,» since its subject matter only covers «the law of Ukraine,» with the object of the constitutional complaint being limited exclusively to laws of Ukraine. The Ukrainian model of the constitutional complaint, by its potential, serves as an effective tool for protecting constitutionally guaranteed human rights, with the condition of its effectiveness being the productive activity of the Constitutional Court of Ukraine. At the same time, the author draws attention to the debatable nature of limiting the object of the constitutional complaint exclusively to laws of Ukraine in view of the needs and realities of Ukrainian society in terms of guaranteeing human and citizen rights and freedoms. It is proposed to expand the range of legal acts that can be challenged through a constitutional complaint to verify their constitutionality, including other normative legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea in cases where the application of these acts in a specific case led to a violation of the rights and freedoms enshrined in the Constitution of Ukraine. It has been established that the introduction of the institution of individual constitutional complaint is a valuable step in the context of ensuring an individual’s access to constitutional justice in Ukraine and a guarantee of the effectiveness of the right to judicial protection. It is concluded that the right to file an individual constitutional complaint is an important guarantee of access to justice, as it ensures the non- illusory nature of democratic values, the principle of the rule of law, and contributes to the development of a judicial system that guarantees equality before the law and a fair trial.
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Shukla, Vanshika. "Pathways to Justice: Expanding Access for Everyone." Asian Law & Public Policy Review 08 (2023): 87–108. http://dx.doi.org/10.55662/alppr.2023.803.
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This paper aims to explore and analyse the pathways to justice with a focus on expanding access for everyone. Access to justice is a fundamental right that ensures equality, fairness, and the protection of individual and collective rights within a legal framework. However, many individuals and marginalized communities face significant barriers when attempting to navigate the justice system, leading to a lack of access and resulting in systemic inequalities. This paper examines the challenges faced by different groups, such as low-income individuals, minorities, and persons with disabilities, and explores strategies to expand access to justice and promote inclusivity within the legal system. It analyses various approaches, including legal aid programs, technology-enabled solutions, community-based initiatives, and policy reforms, that have the potential to bridge the justice gap and enhance access for all.
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Lucas Coutinho de Menezes, Kayo, and Shirley Oliveira Lima Nomura. "REMÉDIOS CONSTITUCIONAIS E SUA POPULARIZAÇÃO." Colloquium Socialis 2, Especial 2 (December 1, 2018): 824–29. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0374.
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This article aims was discuss a fundamental issue in the legal and social environment: constitutional medicines. This article brings the actions in kind and their historical context, it's has focussed on the importance of these rights for real and effective access to justice. The lack of knowledge of the population about their fundamental rights, more specifically constitutional medicines, reveal a barrier to access to justice and the realization of such rights. The media as an information vehicle can help break this barrier, and build quicker and easier access to information by educating citizens more about their rights, guarantees and duties.
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Lysyuk, Yaroslav Yuriyovych. "Constitutional parameters of civil proceedings." Alʹmanah prava, no. 15 (September 1, 2024): 585–88. https://doi.org/10.33663/2524-017x-2024-15-585-588.
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The article examines the impact of the constitution on civil proceedings. It is substantiated that human and civil rights and freedoms play a fundamental role in the establishment of constitutional norms and formation of constitutional principles that are manifested in sectoral legislation. The author analyses the stages of human rights development in the historical context. The principle of access to justice is studied in the light of generations of human rights. The author focuses on the basic principles of judicial proceedings enshrined in the Constitution of Ukraine and identifies the elements of the constitutional model of justice. These include: the possibility of protecting human rights and freedoms with due regard for the direct effect of the Constitution; the exercise of judicial power stipulates that justice is administered exclusively by a court; the scope of judicial power is established in accordance with the rule that judicial jurisdiction extends to all legal disputes, and others. Human and civil rights and freedoms determine the main directions of development of national legislation, in particular, the essence of constitutional provisions that not only proclaim the value of the judicial form of protection of rights, but also define the basic principles of organisation of the judiciary and administration of justice. This led researchers to define the essence of a new phenomenon - the fundamentalisation of human rights and freedoms. The «global access to justice movement» has had a significant impact on the transformation of civil justice. This is evidenced by M. Cappelletti’s theory of three waves. We believe that in modern conditions, along with the fundamentalisation of human and civil rights and freedoms, it is legitimate to raise the issue of unification and harmonisation of domestic legislation with the law of the European Union. The analysis of constitutional provisions makes it possible to distinguish the following elements of the constitutional model of justice: the possibility of protecting human rights and freedoms due to the direct effect of the Constitution; the exercise of judicial power is conditioned by the administration of justice exclusively by the court; the scope of judicial power is established given that judicial jurisdiction extends to all legal disputes; the organisation of the judicial system should be based on the requirements of territoriality and specialisation. Key words: fundamentalisation, civil proceedings, constitutional parameters, human rights, principles of judicial proceedings.
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Al-Assaf, Shatha. "Direct Individual Access to the Constitutional Judiciary: A Comparative Study of Iraqi and Kuwaiti Laws." Dirasat: Shari'a and Law Sciences 50, no. 1 (March 1, 2023): 191–203. http://dx.doi.org/10.35516/law.v50i1.982.
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Objectives: A few Arab constitutions have adopted direct individual access to the constitutional judiciary, most notably the Kuwaiti and Iraqi constitutions. This study aims to show how Kuwaiti and Iraqi laws regulate the requirements and procedures for individual access to the constitutional judiciary. It also aims to identify the best regulation for direct individual access to the constitutional judiciary. Methods: The study adopted the analytical and comparative method by conducting comparative analyses to identify the strengths and weaknesses of the legal texts covering direct individual access in the Kuwaiti and Iraqi constitutions, laws, and regulations. Results: Kuwaiti and Iraqi law made sure to organize individuals’ right to direct individual access by imposing certain requirements and clarifying the related procedures to prevent the constitutional judiciary from being overburdened with complaints. However, there is a need for better legal regulation for individual access to the constitutional judiciary by amending some requirements concerning the bail amount, legal representation, and procedures. Conclusions: There is incompetency in legally regulating direct individual access to the constitutional judiciary in Kuwait and Iraq. Kuwaiti and Iraqi laws should be amended to avoid impeding access to constitutional justice, which will develop the constitutional judiciary in Kuwait and Iraq to be able to carry out its duties in overseeing the constitutionality of laws and regulations.
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Carvalho, Valter Rodrigues de, and Graciela Rivalta Silva. "Social right to property and constitutional efficacy: extrajudicial settlement and the role of notarial services in access to justice." CONTRIBUCIONES A LAS CIENCIAS SOCIALES 17, no. 2 (February 14, 2024): e5111. http://dx.doi.org/10.55905/revconv.17n.2-091.
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The article studied the extrajudicial seizure of urban and rural properties and the role of Extrajudicial Services in access to justice. Using a qualitative documentary and bibliographic methodology, combining historical and legal-normative research techniques, the following results were reached: extrajudicial real estate foreclosure is an effort by the legislator to give effect to the social right to property and fulfill its social function . The institute of extrajudicial enforcement is part of the paradigm of the access to justice approach, formulated by Mauro Cappelletti and Bryam Garth, and represents an important step towards the implementation of programmatic constitutional norms – which require actions from the State –, enabling full effectiveness of the law fundamental social aspect to property and housing. Ultimately, therefore, it constitutes an innovative way of accessing justice and rights that serve to fulfill the constitutional assumption of the social function of property.
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Savchyn, M., A. Zavydniak, and V. Olashyn. "Direct Effect of the Constitution of Ukraine in Focus: Access to the Justice and Judicial Control of the Enforcement of Judgment." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 146–55. http://dx.doi.org/10.24144/2307-3322.2022.70.21.
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Proper enforcement of court decisions is part of the general concept of access to justice, as it involves the restoration of violated rights by third parties or public authorities. From the point of view of the supremacy of the constitution and their direct effect, the article analyzes the enforcement of court decisions in relation to access to justice. The first part reveals the relationship between constitutional and international standards of access to justice. The second part highlights the main components of access to administrative justice. The third part of the paper analyzes the standards of due process and judicial control over the execution of court decisions. Since we are talking about judicial control over the execution of a court decision and the execution of such a decision as ways of achieving results for persons who have applied for protection of their rights with a lawsuit, it is worth focusing on the applicants. Such in the enforcement proceedings will be the parties to the enforcement proceedings, or rather one of the parties - the claimant.
Access to justice in the context of the principles of constitutional and international law is interpreted on the grounds that the right to judicial protection is not absolute and may be limited on the basis of proportionality, in particular for reasons of procedural economy, efficiency and effectiveness of legal protection. The concept of access to justice follows from the understanding of the rule of law and Rechtsstaat in their relationship. The components of access to justice are the following: 1) pre-trial settlement procedures, in particular mediation; 2) access to legal aid and court fees; 3) terms of consideration of the case; 4) the procedure for appealing court decisions; 5) efficiency and effectiveness of execution of court decisions. Together, they form the notion of access to justice, which is complete provided that court decisions are effectively enforced within a reasonable time. This is influenced by a number of institutional and procedural factors that depend on the degree of development of the legal culture of society.
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Varghese, Sheeba. "Access to Justice: How Far it is a Human Right?" GLS Law Journal 4, no. 1 (February 21, 2022): 33–36. http://dx.doi.org/10.69974/glslawjournal.v4i1.57.
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Access to justice is one of the constitutionally recognized fundamental and human rights. Access to justice means to reach justice easily by legally proceedings in appropriate time and place. Delivery of justice should be impartial, and also take all necessary steps to provide transparent, effective, fair and accountable service to all people irrespective of caste, colour, sex, religion, economic status etc that promote access to justice. legal aid programs and campaigns are a central component of strategies to enhance access to justice for every person. Access to justice is often used as a term for access to the formal institution of the legal system by those in search of a legal remedy either by individuals or collectively or constitutional challenges. It is essential today that the effectiveness of the rule of law should go hand in hand with access to justice. The Constitution of India has provided for Article 39A, Article 14, and Article 21 that guarantee the citizens the right to access to justice. Yet, access to justice as a human right remains problematic in international as well as national law. In this article, I explore the reasons why access to justice is not being delivered to many? The popular reasons include low level of awareness about the functioning of the legal system in India, high costs quoted by lawyers and delays in passing judgements that make it heavily inaccessible to justice.
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Elliott, Mark. "THE RULE OF LAW AND ACCESS TO JUSTICE: SOME HOME TRUTHS." Cambridge Law Journal 77, no. 1 (March 2018): 5–8. http://dx.doi.org/10.1017/s0008197318000132.
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MISAPPREHENSIONS about the UK's constitution are ten-a-penny. Most prominent among them, perhaps, are the notions that the UK “has no constitution” and that fundamental rights cannot meaningfully exist without an “entrenched” or “written constitution”. To that list of misunderstandings can now be added the ideas – brought to light by the Supreme Court's judgment in R. (UNISON) v Lord Chancellor [2017] UKSC 51, [2017] 3 W.L.R. 409 – that the judicial system, far from being a non-negotiable feature of any constitutional democracy, is nothing more than a public service, and that access to it can be regulated by the executive accordingly. To describe UNISON as a welcome corrective to such misconceptions would be to engage in rash understatement. In a tour de force that ought to be compulsory reading for every Minister and parliamentarian, the Court elucidates the true value of independent courts and tribunals, illuminates the common law's potential as a guarantor of basic rights, and reiterates an axiomatic set of constitutional home truths.
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Adams-Prassl, Abi, and Jeremias Adams-Prassl. "Systemic Unfairness, Access to Justice and Futility: A Framework." Oxford Journal of Legal Studies 40, no. 3 (2020): 561–90. http://dx.doi.org/10.1093/ojls/gqaa017.
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Abstract This article develops a conceptual framework for access to justice as a ground of judicial review in English law. We identify a hitherto undertheorised strand of cases which enable courts to review policy within proper constitutional bounds: the doctrine of systemic unfairness, which focuses on risks inherent in a system as a whole. In the context of access to justice, the relevant systemic risk is one of futility: a rational litigant’s inability to vindicate a meritorious claim. Proving the required facts in the context of judicial review proceedings is not an easy task. Litigants must look beyond the realisation of harm to the mechanisms which put access to justice at risk. It is only where the combined impact or cost of system-level risk is particularly severe that a policy-level challenge will succeed on access to justice grounds.
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Váradi, Ágnes. "Safeguards of Fair Trial in Constitutional Court Proceedings: Efficient Access to Justice as a Key Factor." Pro Publico Bono – Magyar Közigazgatás 12, no. 2 (November 22, 2024): 193–209. http://dx.doi.org/10.32575/ppb.2024.2.10.
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The right to fair trial, which is usually described as an essential starting point of the protection of human rights, as a basic safeguard of the rule of law, as a general principle of EU law and as a certain quality of procedure, plays a crucial role in defining the framework of judicial proceedings in the European states both in criminal and civil matters. The current paper examines how the concept of fair trial applies to constitutional court proceedings, with special regard to the safeguards of an efficient access to such procedures. The study raises questions like: What cornerstones for an efficient access can be identified in the case-law? What are the most typical obstacles of obtaining a decision by a constitutional court? How can a more efficient access to these procedures be promoted? The analysis offers a synthesis of the theoretical background and the general requirements identified by the relevant international and European fora (complemented by references to the related jurisprudence of the constitutional courts of certain EU Member States). This way the study can give useful insights not only into the understanding of the concept of fair trial but also into the possibilities of enhancing the efficiency of constitutional court proceedings.
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Ritonga, Francois Geny. "KEBERADAAN MAHKAMAH KONSTITUSI DI INDONESIA DALAM PERANNYA MENJAGA HAK ASASI MANUSIA DAN HAK KONSTITUSIONAL WARGA NEGARA (SUATU PERWUJUDAN NYATA)." Honeste Vivere 33, no. 2 (July 13, 2023): 92–97. http://dx.doi.org/10.55809/hv.v33i2.210.
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The Constitutional Court is one of the judicial institutions in Indonesia, which was formed based on Article 24C of the 1945 Constitution and Law no. 24 of 2003 concerning the Constitutional Court. The powers of the Constitutional Court, such as: 1) Reviewing laws against the 1945 Constitution, 2) Deciding disputes over the authority of state institutions whose powers are granted by the 1945 Constitution, 3) Deciding the dissolution of political parties; and 4) Resolving disputes about the general election results. The purpose of writing is to see how far the authority of the Constitutional Court is applied in carrying out its functions and powers by using the normative juridical writing method. The findings prove that the Constitutional Court has carried out as stipulated in the 1945 Constitution and legislation and implemented a rule of law that recognizes and protects and guarantees the basic rights of citizens to the need for justice (access to justice) and equality before the law (equality before the law).
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Guerrero, Andrés Fernando. "El acceso a la justicia arbitral: reflexiones sobre el amparo de pobreza en los procesos arbitrales en Colombia." IUSTA, no. 60 (August 5, 2024): 51–65. http://dx.doi.org/10.15332/25005286.9963.
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This article explores the complex legal and constitutional implications of granting fee waivers in arbitration proceedings in Colombia. Fee waivers are a constitutional guarantee that exempts individuals from certain procedural costs in legal proceedings due to economic hardship, ensuring access to justice. However, its application in arbitration has been a subject of intense debate, as this figure is generally specific to ordinary courts. In this context, the inherent costs of arbitration, which are often higher than ordinary court proceedings, are analyzed. The principle of party autonomy is also considered, whereby agreeing to arbitration implies acceptance of associated costs. Critics argue that granting fee waivers could undermine this autonomy and the binding force of the arbitration agreement. Additionally, concerns about potential abuse and the contractual nature of arbitration as distinct from the judicial system are examined. Proponents and some scholars argue that denying fee waivers could effectively prevent those facing extreme economic difficulties from accessing arbitration, violating fundamental rights to access to justice and equality before the law. The article examines proposals for the exceptional and limited application of fee waivers in arbitration, subject to stringent standards. Alternative mechanisms to improve access to arbitral justice for the economically disadvantaged, such as subsidized services, legal aid programs, and specialized arbitration centers, are also discussed. The importance of ensuring equitable and equal access to arbitral justice to maintain the integrity, legitimacy, and effectiveness of arbitration as a dispute resolution mechanism is emphasized. A balanced approach is required that respects the principles of arbitration while upholding both constitutional and conventional guarantees. The article concludes with a call for reflection, open debate, and collaboration within the legal community to address this complex issue and shape the future trajectory of arbitration in Colombia.
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Rodiyah, Rodiyah, Siti Hafsyah Idris, and Robert Brian Smith. "Mainstreaming Justice in the Establishment of Laws and Regulations Process: Comparing Case in Indonesia, Malaysia, and Australia." Journal of Indonesian Legal Studies 8, no. 1 (May 31, 2023): 333–78. http://dx.doi.org/10.15294/jils.v7i2.60096.
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This paper compares the cases of Indonesia, Malaysia, and Australia to examine how these countries incorporate principles of justice in the establishment of laws and regulations. It explores the significance of mainstreaming justice in lawmaking, emphasizing equitable representation, fair access to justice, and human rights considerations. The analysis highlights the legal frameworks and institutional structures in each country. In Indonesia, the role of the Constitutional Court and stakeholder involvement in the legislative process are examined. Malaysia's constitutional framework and efforts to address ethnic and religious diversity, as well as the role of judicial review, are discussed. Australia's common law system emphasizes parliamentary scrutiny, public consultations, and protection of individual rights through the High Court and parliamentary committees. This study provides insights into the diverse approaches and challenges faced by these countries in mainstreaming justice in their lawmaking processes. It contributes to understanding how justice can be effectively integrated into laws and regulations, offering valuable insights for policymakers and legal practitioners seeking to promote justice in legislative contexts.
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Ischenko, Oleksandr. "In search of a balance between ensuring access to court decisions and the inadmissibility of disclosure of pre-trial investigation information." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 70–77. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-6.
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The article considers problematic issues related to ensuring access to court decisions, including full access to the Unified State Register of Court Decisions, in the context of implementation of the constitutional principle of publicity of proceedings and inadmissibility of disclosure of pre-trial investigation information, especially in court decisions. There are proposals to revise and supplement the High Council of Justice with the provisions of the Procedure for maintaining the Unified State Register of Court Decisions, as well as the legal framework for access to court decisions, in particular Articles 2 and 4 of the Law of Ukraine «On Access to Court Decisions». Summing up, an author notes that finding a reasonable balance between ensuring access to court decisions in the context of implementing the constitutional principle of publicity of proceedings and the inadmissibility of disclosure of pre-trial investigation, especially in court decisions, is a practical requirement today. The answer to this in the short term may be a revision and amendment by the High Council of Justice of the Unified State Register of Judgments, and in the medium term - a revision of the legal framework for access to judgments, including Articles 2 and 4 of the Law of Ukraine «On Access to Judgments». Such measures, in our opinion, will only strengthen the practical implementation of the constitutional principles of transparency of the judiciary. Key words: transparency of the judiciary, transparency of court proceedings, access to court decisions, inadmissibility of disclosure of information of pre-trial investigation.
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Castillo Benites, Viviane Salli. "The enforceability of payment as a requirement to access other food processes: a constitutional analysis." Universidad Ciencia y Tecnología 29, Special (February 11, 2025): 193–202. https://doi.org/10.47460/uct.v29ispecial.900.
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This paper analyzes the enforceability of the payment of alimony as a prerequisite to access other processes related to alimony, from a constitutional perspective. It is examined whether this requirement violates fundamental principles such as access to justice, equality, and due process. Through doctrinal and jurisprudential analysis, we seek to determine the legitimacy of this condition and its compatibility with fundamental rights. This is a basic investigation, where the main findings reveal that the prior payment requirement to access food processes violates the right to access justice and effective jurisdictional protection, according to doctrine and jurisprudence. In addition, it is highlighted that judges must guarantee proportional and fair decisions. Finally, we advocate for a legal system that does not collide with fundamental rights.
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Piray Rodríguez, Paúl Orlando, and Gisella Carolina Narváez Inca. "Access to justice and infrastructure challenges in courts and courts for disabled people in Riobamba." Salud, Ciencia y Tecnología - Serie de Conferencias 2 (November 26, 2023): 1051. http://dx.doi.org/10.56294/sctconf20231051.
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The research focuses on exploring the doctrinal and jurisprudential criteria that could constitute violations of the right to access justice for people with disabilities in Ecuador. It emphasizes the importance of addressing significant barriers they face when trying to access courts and judicial bodies, particularly those related to architectural obstacles that hinder their full exercise of legal rights. Methods such as observation and surveys were employed, using the Iadov method to assess the satisfaction level of disabled individuals interacting with justice institutions. The results indicated that the dissatisfaction index was -0,792 among females and -0,875 among males. These findings underscore the need for targeted actions and measures aimed at identifying and overcoming these challenges to foster an inclusive judicial system that ensures equal access to justice for all, aligning with Ecuador's constitutional principles of rights and social justice.
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Wiryanto, Wiryanto. "Penguatan Dewan Etik dalam Menjaga Keluhuran Martabat Hakim Konstitusi." Jurnal Konstitusi 13, no. 4 (December 20, 2016): 720. http://dx.doi.org/10.31078/jk1342.
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The Birth of the Board of Ethics of the Constitutional Judges cannot be separated from the effort to uphold a code of ethics and maintain of the dignity of the constitutional judges. Abuse of authority in the judiciary has led to the destruction of the legal system and the non-fulfillment of a sense of justice. Judicial mafias has destroyed the foundation of the authority of the judiciary and undermine the honor and dignity of judges, therefore it is necessary to take concrete measures to restore the authority of the judiciary and maintaining the honor of judges as the main pillars of the judiciary in enforcing law and justice. One concrete step is the need for strengthening the supervisory system of ethics against constitutional judges, the results of which will provide input to the Constitutional Court, whether the monitoring system of ethics against constitutional judges applied so far has been able to maintain the honor, dignity, and constitutional justices, and whether the system has provided legal certainty in its enforcement against violations of the Code of Ethics and Conduct of Constitutional Judges. Strengthening the role of the board of ethics of constitutional judges as guardians of constitutional judges dignity can be constantly improved by opening access to complaints from the public against allegations of ethical violations committed by constitutional judges.
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BREZINA, Tetiana M., Nadiia P. BORTNYK, and Iryna Yu KHOMYSHYN. "Access to Justice: Ukraine and Europe." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1122. http://dx.doi.org/10.14505//jarle.v11.4(50).06.
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The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.
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Maslennikova, L. N. "A conceptual approach to the construction of criminal proceedings that provide access to justice in the context of digital technologies development." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 52–65. http://dx.doi.org/10.17803/2311-5998.2020.74.10.052-065.
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The article analyzes the current problems of access to justice in the criminal proceedings of Russia, and claims that the state is not properly fulfilling this constitutional duty. Pre-trial proceedings are considered to be inefficient, unbalanced, and "red tape" proceedings that do not provide adequate access to justice. Attention is drawn to the lack of a logically holistic, conceptual approach to the development and improvement of the initial stage of criminal proceedings, the fragmented and inconsistent nature of legislative changes, and the locality of scientific discussions that are not United by a single conceptual approach. The article describes the conceptual approach developed by the research team to the construction of criminal proceedings that provides access to justice in criminal proceedings in the context of the development of digital technologies.
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Pirdaus, Dede Irman, Rini Chayandari, and Yasir Salih. "Constitutional Values, Legal Politics, and Political Stability: A Comparative Analysis in the Post-Authoritarian Context of Indonesia." International Journal of Humanities, Law, and Politics 1, no. 4 (February 27, 2024): 64–69. http://dx.doi.org/10.46336/ijhlp.v1i4.71.
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This paper explores the intricate relationship between constitutional values of equality and justice and their impact on political stability, with a specific focus on Indonesia's post-authoritarian context. Constitutional ideals, while crucial, face challenges in translating into tangible outcomes due to implementation gaps and entrenchment of inequalities. The study employs a comparative analysis of national constitutions, examining cases where provisions of justice and equality either succeeded or failed to foster stable political environments. Pathways linking constitutional equality to political stability are scrutinized, emphasizing both procedural and substantive dimensions. The research employs political stability indicators to unravel the nuanced relationship between constitutional principles and governance outcomes. In the context of Indonesia, the paper delves into the complexities of legal politics during the transition from the New Order to reformasi democracy. The post-authoritarian landscape witnessed struggles for freedom of expression and human rights enforcement, reflecting the challenges of aligning legal frameworks with democratic principles. The analysis considers the uneven progress in rule of law reforms, navigating the legacies of patrimonialism and oligarchic influence
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Asikin, Nur. "Implication Of Protection And Fulfillment Of Women's Political Rights Through Affirmative Action Policy." Pattimura Law Journal 1, no. 2 (March 1, 2017): 158. http://dx.doi.org/10.47268/palau.v1i2.2016.95.
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One group of citizens who because of the conditions require special treatment is women. Without special treatment or affirmative action, women will not be able to access the protection and fulfillment of their constitutional rights because of the differences and distinctions generated and perpetuated by the structure of patriarchal society. The protection and fulfillment of constitutional rights without special treatment will tend to maintain discrimination against women and unable to achieve justice
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Asikin, Nur. "Implication Of Protection And Fulfillment Of Women's Political Rights Through Affirmative Action Policy." Pattimura Law Journal 1, no. 2 (March 31, 2017): 158. http://dx.doi.org/10.47268/palau.v1i2.95.
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One group of citizens who because of the conditions require special treatment is women. Without special treatment or affirmative action, women will not be able to access the protection and fulfillment of their constitutional rights because of the differences and distinctions generated and perpetuated by the structure of patriarchal society. The protection and fulfillment of constitutional rights without special treatment will tend to maintain discrimination against women and unable to achieve justice
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Alisov, A. N. "Theoretical and Legal Aspects of the Constitutional Right to Access to Justice." Vestnik Povolzhskogo instituta upravleniya 20, no. 2 (2020): 62–69. http://dx.doi.org/10.22394/1682-2358-2020-2-62-69.
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Kennedy, Gerard J., and Lorne Sossin. "Justiciability, Access to Justice and the Development of Constitutional Law in Canada." Federal Law Review 45, no. 4 (December 2017): 707–23. http://dx.doi.org/10.22145/flr.45.4.10.
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Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant's duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter rights. The authors ultimately posit that the government should have a duty of restraint in using summary procedures to end public law litigation, and courts should be reluctant to permit the government to preclude such litigation aimed at advancing the evolution of the Charter from reaching hearings on the merits.
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Kennedy, Gerard J., and Lorne Sossin. "Justiciability, Access to Justice and the Development of Constitutional Law in Canada." Federal Law Review 45, no. 4 (December 2017): 707–23. http://dx.doi.org/10.1177/0067205x1704500410.
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Humby, Tracy-Lynn. "Environmental Justice and Human Rights on the Mining Wastelands of the Witwatersrand Gold Fields." Revue générale de droit 43 (January 13, 2014): 67–112. http://dx.doi.org/10.7202/1021211ar.
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In South Africa, the constitutional and statutory framework seemingly establishes a strong synergy between environmental rights and environmental justice. A prevailing notion of transformative constitutionalism additionally positions law as the foundation for large-scale social change through non-violent political processes. A case study of the Tudor Shaft Informal settlement on the Witwatersrand goldfields elucidates the ambiguities in the notion of environmental justice and the tensions between claims based on the environmental right and socio-economic rights. By highlighting the existence of local moral orders—political alliances based on access to resources that frequently employ violence to achieve political ends—it also suggests the limited reach of the constitutional order and the project of transformative constitutionalism.
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Maslovskaya, Tatiana. "Transformation of the Institution of Constitutional Control in the Republic of Belarus." Academic Law Journal 24, no. 4 (December 26, 2023): 480–91. http://dx.doi.org/10.17150/1819-0928.2023.24(4).480-491.
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The article examines the stages of the evolution of constitutional control in the Republic of Belarus, through the prism of the development of abstract and concrete control. Characterizing the form of abstract control, attention is drawn to a certain adjustment of abstract subsequent control, introduced with the adoption of the Constitution of the Republic of Belarus in 1994, at different stages of constitutional development (1996, 2014, 2022) in relation to subjects of circulation, objects of control. The form of mandatory preliminary control over the constitutionality of laws adopted by Parliament before their signing by the President, introduced in 2008, is analyzed. As a result of the constitutional changes of 2022, the Belarusian model of preliminary constitutional control has undergone a certain transformation associated with its constitutional legitimation, the expansion of objects of preliminary control, as well as the transition from mandatory to optional control over the constitutionality of laws adopted by Parliament before they are signed by the President. Particular attention is paid to the study of the development of specific constitutional control, taking into account a certain adjustment of the constitutional formula in 2022 with the aim of consistent development of the Belarusian model of constitutional justice within the framework of the European model. Attention is focused on the most important constitutional innovation of 2022 – the introduction of a constitutional complaint, which significantly expands citizens’ access to constitutional justice. It is concluded that each stage of the development of constitutional control in Belarus serves as an example of adaptation to the changing conditions of the functioning of constitutional justice. It has been established that the adjustment in 2022 of the Belarusian model of subsequent concrete constitutional control indicates a transformation of the Belarusian model of constitutional control, consisting of the abandonment of elements of a mixed model, and the current stage of the evolution of constitutional control in the Republic of Belarus demonstrates the transition from an abstract form of constitutional control to concrete constitutional control , which means an increasing role of the Constitutional Court not only as a guarantor of the supremacy of the Constitution, but also as a defender of individual rights and freedoms.
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Ridwan, Ridwan. "PERAN AKADEMISI DALAM PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU DI INDONESIA." Jurnal Hukum dan Peradilan 1, no. 2 (July 31, 2012): 235. http://dx.doi.org/10.25216/jhp.1.2.2012.235-248.
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Every citizen of Indonesia, of course longing for a fast, simple and low cost judicial process. This may be done everyone has an access to justice without any exception. These conditions have been realized by the Constitutional Court decision that had to cancel Article 31 of Law Number 18 Year 2003 on Advocates, because the article is considered contrary to the Constitution of 1945 and has no binding legal force. However, the implementation of the Constitutional Court ruling will not necessarily be implemented, because in practice there are still debates among law enforcer (police, prosecutors, judges, lawyers) even academics about the legal standing of the law lecturer who perform service in the form of assistance to disadvantaged communities who are dealing with legal issues. This condition is caused by a lack of positive response to the Constitutional Court, and the lack of response is due to the lack of legal resources by extracting the part of law enforcement and academics for a growing source of law. Kata Kunci: Decision, Constitutional Court, law enforcer, academics, citizen , Justice.
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Y. I., Sverba. "Some Approaches to Define the Concept of “Access to Justice”." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 208–13. http://dx.doi.org/10.33663/2524-017x-2020-11-37.
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The article is dedicated to the analysis of the concept of "access to justice". The national legislation, the case law of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as academic papers have been analyzed by the author. The author concludes that there are at least two approaches to define the concept of "access to justice": broadside and restricted one. The latter is inherent in Ukraine, since the Constitution stipulates that justice in Ukraine is exercised by the courts exclusively. The case law of the European Court of Human Rights explored in this article demonstrates a broad interpretation of the right to a fair trial, as quasi-judicial authorities are often empowered to make decisions that directly affect a person's rights and obligations. Foreign researchers are more progressive in determining the concept of access to justice: the latter is considered as an intention to resolve person's legal problems, not limited with access to classical judicial protection. Even though the access to justice concept is not legally defined, it includes the core elements as legal awareness of person’s rights; lack of financial barriers to access to the court; the right to free legal aid guaranteed by the state; a fair and independent court; a reasonable time to settle a dispute, as well as the enforcement of the judgment. The state could ensure the effective access to justice only if all of the said elements are implemented. At the same time, the states have both positive (to provide the right to free legal aid) and negative obligations (not to interfere with court activities, etc.). Keywords: access to justice, justice, right to a fair trial, rule
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KURNIAWAN, TRI LAKSONO, MIRZA AMELIA, I. WAYAN PUSPA, and I. MADE SURADHANA. "KEDUDUKAN BANTUAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA." GANEC SWARA 18, no. 3 (September 14, 2024): 1776. http://dx.doi.org/10.35327/gara.v18i3.1056.
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Every citizen has the same position, before the law without exception which includes the right to be defended (access to legal counsel), treated equality before the law, justice for all (justice for all). In order to seek justice, it is often only able to be accessed by those who have a high level of education and the middle to upper economic status. Recognizing that the inability of human and economic resources makes it impossible to make the process of seeking justice for underprivileged people, the term legal assistance in the Judicial System in Indonesia has emerged. The right to obtain legal assistance is a fundamental or basic right for someone who faces a legal problem, because obtaining legal assistance is one form of access to justice for those who face legal problems. This paper will discuss the state's obligations in providing legal assistance to suspects or defendants in the Criminal Justice System and the position of legal assistance in the Criminal Justice System. The method used in this paper is normative legal research, with secondary data sources consisting of primary, secondary and tertiary legal materials. Then the data is analyzed by qualitative analysis. The obligation of the state to provide legal assistance to citizens who face legal problems, because legal aid is a constitutional right of citizens. Legal assistance in the Criminal Justice System has a very important role in achieving a fair trial process. The Government has issued Law No. 16 of 2011 concerning Legal Aid, so that it can be implemented optimally to fulfill constitutional rights for the poor or needy to achieve a fair trial process.
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Chandranegara, Ibnu Sina, and Luthfi Marfungah. "Organizing Court Administration in order to fulfil access to justice under the Covid-19 State of crisis." Research, Society and Development 9, no. 12 (December 28, 2020): e41891211113. http://dx.doi.org/10.33448/rsd-v9i12.11113.
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The Covid-19 pandemic in different countries, particularly in terms of performing their duties and functions, has both direct and indirect implications on the judiciary. This paper calls for a contrast between the implementation of law emergencies in the United States and the judiciary's reflection in Indonesia. The study uses the comparative approach in constitutional law to provide advice, which needs to be avoided in the Indonesian constitutional law by researching legal material and procedures in other countries' constitutional law. This article concludes that the Law of Judicial Power and the Law of Procedure in Indonesia require strict legal material on how procedural law does not give delegates too much technical, regulatory authority to each court during the time of crisis and has the potential to create unequal policies in the future to deal with judicial emergencies so that regulation is necessary.
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Bazarova, Dildora. ""CONSTITUTIONAL GUARANTEES OF INDIVIDUAL RIGHTS IN CRIMINAL PROCEEDINGS "." Jurisprudence 4, no. 4 (August 23, 2024): 151–69. https://doi.org/10.51788/tsul.jurisprudence.4.4./hluq3796.
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"This research aims to conduct a comprehensive analysis of the constitutional guarantees of individual rights in criminal proceedings in the Republic of Uzbekistan. The research examines the extent to which these guarantees are reflected in national legislation, their implementation in practice, as well as problems and opportunities for reform. The relevance of the study lies in the urgent need to address issues related to practices such as torture, arbitrary detention, and violations of the rights to due process in the criminal justice system of the Republic of Uzbekistan, which are brought to attention by international human rights bodies. The study employs methodology that combines legal analysis, practical assessment, comparative analysis, and stakeholder evaluation. It relies on primary sources, including the Constitution of the Republic of Uzbekistan, national legislation, and international human rights treaties, as well as secondary sources such as academic articles, reports, and judicial practice. The research findings reveal both strengths and weaknesses of the existing system of constitutional guarantees and their implementation. The study proposes targeted recommendations for strengthening the protection of individual rights in criminal proceedings, aimed at enhancing the independence, professionalism, and accountability of key actors in criminal justice, improving access to legal remedies and redress, as well as fostering a culture of respect for human rights through education and training. The recommendations are based on international human rights standards, best practices, and the specific context of the criminal justice system of the Republic of Uzbekistan. The study contributes to the ongoing efforts to promote the rule of law, protect human rights, and ensure a fair and effective criminal justice system in the Republic of Uzbekistan. Its conclusions and recommendations are relevant for policymakers, practitioners, and scholars engaged in criminal justice reform and human rights advocacy in the Republic of Uzbekistan and beyond. "
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Szyszczak, Erika. "CURRENT DEVELOPMENTS: IV. CITIZENSHIP AND HUMAN RIGHTS." International and Comparative Law Quarterly 53, no. 2 (April 2004): 493–501. http://dx.doi.org/10.1093/iclq/53.2.493.
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Citizenship and human rights continue to play an important role in the evolution of Community law. Both sets of principles have appeared in the case law of the European Courts and in the creation of a Constitutional document for Europe. Part II of the draft Constitution incorporates the Charter of Fundamental Rights of the Union. Additionally, the first report from the independent network of experts in fundamental human rights details the various international human rights obligations which the Member States are subject to, analysing Member State policy in a number of areas in the light of the international obligations.1Paradoxically, at a time when greater emphasis is being paid to the constitutional recognition of human rights there are indications of divisions between some of the Advocates General, the Court of First Instance and the European Court of Justice (the Court) on the constitutional role of fundamental rights in relation to access to justice.
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Gibrail, Felipe, and Raul Mariano Júnior. "AS DIFICULDADES DE INCLUSÃO DAS PESSOAS EM VULNERABILIDADE SOCIAL AO JUDICIÁRIO. UMA ANÁLISE DA EFETIVIDADE DAS POLÍTICAS PÚBLICAS DE ACESSO À JUSTIÇA E DO FUNCIONAMENTO DA DEFENSORIA PÚBLICA DO ESTADO DE SÃO PAULO." Revista ft 29, no. 140 (November 29, 2024): 23–24. https://doi.org/10.69849/revistaft/fa10202411292223.
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This article aims to investigate the challenges of ensuring access to justice for groups in social vulnerability. Based on Article 5 of the Federal Constitution, section XXXV, which guarantees access to justice as a constitutional principle, the role of the Public Defender's Office in the implementation of the rights of vulnerable groups is explored, as well as the emergence of a new group during the COVID-19 pandemic: the digital vulnerable. The issues encountered during the pandemic are also addressed in relation to the informatization of the legal system. Using a dialectical and inductive methodology, through bibliographic research, it was possible to question the application of rights for people in vulnerable situations and conclude that the pandemic exposed the lack of guarantee of fundamental rights for a portion of the population, with the State needing to ensure that the Public Defender’s Office fulfills its role of guaranteeing equal access to justice.
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Freire Pimenta, José Roberto, Simone, and Mauricio Godinho Delgado. "Union A union legal assistance: a fundamental right of enforcement of access to justice." Revista de Direitos e Garantias Fundamentais 22, no. 2 (May 9, 2022): 59–84. http://dx.doi.org/10.18759/rdgf.v22i2.1962.
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This article intends to analyze the union legal assistance institute as an effective tool for the concrete access to justice. To develop it, we carried out a critical analysis of the available literature and the study of the pertinent constitutional and legislative provisions. The importance of the study lies in the pressing need to implement means that can guarantee real access to justice, especially for the low-income. The main conclusion of the work is that union assistance has an essential role in the context of a Democratic Rule of Law, as a guaranteeing mechanism of material equality and other fundamental rights of workers.
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Wibowo, Ari, and Michael Hagana Bangun. "Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 185–96. http://dx.doi.org/10.15294/ijicle.v3i2.46176.
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The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.
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Ramirez, Laura Hernandez. "Implementation of Human Rights and the Mandatory Precedents in Foreign Trade, Legal Effectiveness: Mexico Case." Archives of Business Research 9, no. 12 (December 24, 2021): 153–64. http://dx.doi.org/10.14738/abr.912.11382.
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We make an analysis of the implementation of human rights and the mandatory precedent in matters of Mexican foreign trade, in an administrative and judicial context in the search for legal effectiveness with constitutional control, highlighting the implementation of human rights contained in treaties commercial, such as access to justice and prompt and expeditious;
We point out a recent case of human rights and foreign trade, with the implementation in the Mexican legal system, of the Free Trade Agreement Mexico United States Canada, before the Supreme Court of Justice of the Nation, as well as a possible proposal before the provisions of its Article 14.D.5, regarding the right of access to prompt and expeditious justice in investment matters, and avoiding the resolution of controversies before international arbitration panels that have been questioned.
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Mukherjee, Anubhab. "Efficacy of Legal Aid: Bridging the Justice Gap." Galore International Journal of Applied Sciences and Humanities 8, no. 3 (November 29, 2024): 29–41. https://doi.org/10.52403/gijash.20240304.
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The legal resource is the supply of help to those who are not able to come up with the money for felony illustration and get admission to the courtroom docket system. Ensuring that legal aid is available for everyone especially to the economically weaker sections of the society where this access to justice is so important. This paper investigates the judicial attitude and role towards legal aid, with a special but not exclusive focus on its elevation to a constitutional right under Article 21 of the Indian Constitution through adjudication. In fact, Justice P.N. Bhagwati defined legal aid as “not merely a repaint of law in favour of the strong.” Thus, it prospers on equal justice. As per him, legal aid is one type of emergency call for the help of law. Moreover, legal aid involves a broader concept of social justice, which affords a societal climate in which equality of status and opportunity will be secured to all, thus making the power of the judiciary accessible and in everyone’s grasp during the critical point at which the citizen must assert his rights. Keywords: Legal Aid, Unbiased Justice System, Law, Constitutional Provisions, Other Legal Provisions
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Kasaj, Arjana Llano. "Access to justice in Albania and EU policies." European Journal of Economics, Law and Social Sciences 8, no. 3 (October 1, 2024): 67–74. http://dx.doi.org/10.2478/ejels-2024-0019.
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Abstract Access to justice is a fundamental element of the rule of law and a cornerstone of justice. Access to justice is the constitutional guarantee that enables individuals to have their violated rights protected. Governments must guarantee the right of every individual to address the court or other bodies of public administration. The right of access to the court in order to oppose an act of the public administration bodies is an autonomous fundamental right and an element of due process. This principle closely relates to another principle guaranteeing justice and democracy in society, which is the principle of the rule of law. Albania has not yet adopted a law that provides for the vital minimum; calculation of financial insufficiency threshold by considering only the income of a person rather than the necessary and obligatory living costs that really need free legal aid. National and international acts provide for Access to Justice, and the onus remains on the government to provide this right to its citizens. In 2022, the number of courts in Albania dropped significantly with the new judicial map, which significantly reduced the access of citizens. Why reduce the number of courts? This led to the increase in the stock of court files and the failure of judges to try cases within the legal deadlines. Albania should reflect without further delay and increase the number of courts, taking an example from other developed European countries, so that citizens may easily go to the courts
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Klaaren, Jonathan. "Constitutional Authority to Enforce the Rights of Administrative Justice and Access to Information." South African Journal on Human Rights 13, no. 4 (January 1997): 549–64. http://dx.doi.org/10.1080/02587203.1997.11834957.
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