Literatura científica selecionada sobre o tema "Access pathways to constitutional justice"
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Artigos de revistas sobre o assunto "Access pathways to constitutional justice"
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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 (30 de setembro de 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., e C. M. FLORESCU. "Aspects concerning the admissibility of the exception of unconstitutionality". SERIES VII - SOCIAL SCIENCES AND LAW 13(62), n.º 2 (16 de julho de 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 e Pavlo Cherevko. "Guarantees for the exercise of the constitutional right of access to justice". Cuestiones Políticas 41, n.º 79 (20 de outubro de 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, n.º 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, e Maryna Zielienina. "Models of direct individual access to constitutional justice". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, n.º 4 (3 de janeiro de 2020): 7–11. http://dx.doi.org/10.31733/2078-3566-2019-4-7-11.
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Gritsenko, Elena, e Rosemarie Will. "Access to constitutional justice in Russia and Germany". Sravnitel'noe konstitucionnoe obozrenie 129, n.º 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, n.º 1 (22 de outubro de 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, e 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, n.º 1-2 (30 de outubro de 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, n.º 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, n.º 84 (28 de setembro de 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.
Teses / dissertações sobre o assunto "Access pathways to constitutional justice"
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Aurino, Marta. "Les modèles de justice constitutionnelle : entre inadéquation et innovation : pour une analyse multidimensionnelle de la justice constitutionnelle comparée". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0433.
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Cette thèse propose une réévaluation des modèles traditionnels de justice constitutionnelle par le biais d'une approche comparative et empirique. La distinction classique entre les modèles américain et européen, confrontée à la diversité croissante des systèmes de justice constitutionnelle dans le monde, révèle d'importantes limites conceptuelles. Pour dépasser ces frontières, deux orientations analytiques émergent : l'une visant à élaborer de nouveaux modèles théoriques basés sur des critères renouvelés, et l'autre visant à développer des outils d'analyse novateurs, mieux adaptés à la complexité actuelle. C'est cette seconde approche, moins explorée, qui constitue le coeur de ce travail. À partir d'une analyse empirique des systèmes de justice constitutionnelle à l'échelle mondiale, en utilisant la méthode des analyses de correspondances, un outil d'analyse multidimensionnelle a été conçu. Cet outil permet de représenter la diversité des systèmes juridiques dans une perspective fluide et évolutive, en prenant en compte les variations contextuelles ainsi que les interactions multiples influençant le contentieux constitutionnel. Plutôt que de classer les systèmes selon des critères rigides, il les positionne dans une dynamique ouverte, reflétant la complexité de leurs interactions. L'objectif central est de mieux comprendre le rôle du juge constitutionnel, en analysant son intervention au regard des normes de référence du contrôle de constitutionnalité, des modalités d'accès à la justice et des compétences des Cours constitutionnelles. En adoptant une méthodologie empirique et multidimensionnelle, ce travail transcende les cadres traditionnels pour embrasser la complexité et la multiplicité des réalités juridiques contemporaines tout en créant un outil didactiqueThis thesis proposes a reassessment of traditional models of constitutional justice through a comparative and empirical approach. The classical distinction between the American and European models, when confronted with the growing diversity of constitutional justice systems worldwide, reveals significant conceptual limitations. To address these challenges, two analytical pathways emerge: one aimed at developing new theoretical models based on revised criteria, and the other focused on creating innovative analytical tools better suited to contemporary complexities. It is this latter, less explored approach that forms the core of this work. Drawing on an empirical analysis of constitutional justice systems globally, and employing correspondence analysis methods, a multidimensional analytical tool has been developed. This tool allows for the representation of the diversity of legal systems in a fluid and evolving framework, accounting for contextual variations and the multiple interactions influencing constitutional litigation. Rather than classifying systems according to fixed criteria, it positions them within an open dynamic, reflecting the complexity of their interactions. The central objective is to better understand the role of the constitutional judge by examining their participation in the decision-making process, with a focus on constitutional review standards, access to justice, and the competencies of Constitutional Courts. By adopting an empirical and multidimensional methodology, this work seeks to transcend traditional frameworks in order to embrace the complexity and multiplicity of contemporary legal realities while creating a didactic tool
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Matshakaile, Thabani Nkosiyapha. "Access to justice for non-citizens : a constitutional analysis". Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86576.
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Thesis (LLM)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, asylum seekers and refugees since 1994, and this migratory movement has posed significant challenges to the post-apartheid legal order. This thesis is concerned with the State’s implementation of its constitutional obligations to protect and guarantee the constitutional rights of everyone within the borders of South Africa. It is important that these constitutional obligations do not remain mere aspirations but should translate into reality. Most non-citizens living in South Africa face numerous barriers to accessing justice and the processes that could enable them to realise their rights. The thesis examines the concept of “access to justice” and investigates a number of obstacles encountered by different categories of non-citizens – such as refugees, asylum seekers and documented and undocumented migrants – in trying to access justice and to realise their rights. Against this background, arrest, detention and deportation under the Immigration Act and Refugees Act are examined because these processes have often been abused by State officials to prevent non-citizens from accessing the rights and protections guaranteed in these Acts and the Constitution, and to frustrate the implementation of court orders vindicating the rights of non-citizens. The application of the Immigration and Refugees Acts is discussed through the lens of sections 12(1), 33, 34 and 35(2) of the Constitution which ensure that arrest, detention and deportation are done in a lawful and procedurally fair manner, as opposed to the arbitrariness that most non-citizens experience on a daily basis. Secondly, the thesis also examines access to justice for non-citizens in the context of xenophobia and bias based crimes. The State has in the past failed to respond in a coordinated and timely fashion in the face of violent manifestations of xenophobia. Against this background, the State’s obligation to protect non-citizens from violence from either public or private sources in terms of section 12(1)(c) of the Constitution is discussed and analysed. The role, accessibility and effectiveness of Equality Courts are also examined in light of the Promotion of Equality and Prevention of Unfair Discrimination Act and the cases that were brought before them emanating from xenophobic incidents. The thesis concludes with proposals on areas which require better implementation of existing laws; and areas in which legislative reform is needed.
AFRIKAANSE OPSOMMING: Die regte wat in die Handves van Regte in Suid-Afrika se finale Grondwet veranker is, word op enkele uitsonderings na vir burgers en nie-burgers gewaarborg. Sedert 1994 het Suid- Afrika instroming van migrante, asielsoekers en vlugtelinge beleef, en hierdie verskuiwing het wesenlike uitdagings aan die post-apartheid regsorde gestel. Hierdie tesis is gemoeid met die Staat se implementering van sy grondwetlike verpligting om die grondwetlike regte van almal wat hul binne Suid-Afrika se landsgrense bevind, te beskerm en te waarborg. Dit is belangrik dat hierdie grondwetlike verpligtinge nie blote aspirasies bly nie, maar ’n werklikheid word. Die meeste nie-burgers wat in Suid-Afrika woon staar talle hindernisse in die gesig wat dit vir hulle moeilik maak om toegang tot geregtigheid te verkry en om hul regte te verwesenlik. Die tesis ondersoek die begrip “toegang tot geregtigheid” en bekyk aantal struikelblokke in die weg van verskillende kategorieë nie-burgers – soos vlugtelinge, asielsoekers en gedokumenteerde en nie-gedokumenteerde migrante – wat toegang tot geregtigheid probeer verkry en hul regte probeer verwesenlik. Teen hierdie agtergrond word arrestasie, aanhouding en deportering ingevolge die Wet op Immigrasie en die Wet op Vlugtelinge ondersoek, aangesien hierdie prosesse dikwels deur staatsamptenare misbruik word om nie-burgers te verhinder om toegang te verkry tot die regte en beskermings wat in hierdie wetgewing en in die Grondwet gewaarborg word, en om geregtelike bevele wat die regte van nie-burgers afdwing, te verydel. Die toepassing van die Wet op Immigrasie en die Wet op Vlugtelinge word deur die lens van artikels 12(1), 33, 34 en 35(2) van die Grondwet bespreek, wat probeer verseker dat arrestasie, aanhouding en deportering op regmatige en prosedureel billike manier geskied, in teenstelling met die willekeur wat nie-burgers op daaglikse basis ervaar. Tweedens ondersoek die tesis toegang tot geregtigheid vir nie-burgers in die konteks van vreemdelingehaat en misdade wat op vooroordeel gebaseer is. Die Staat het in die verlede in gebreke gebly om in die aangesig van gewelddadige manifesterings van vreemdelingehaat op gekoördineerde en tydige manier te reageer. Die Staat se verpligting om ingevolge artikel 12(1)(c) van die Grondwet nie-burgers teen geweld van hetsy openbare hetsy private oorsprong te beskerm, word bespreek en ontleed. Die rol, toeganklikheid en doeltreffendheid van gelykheidshowe word ook bespreek in die lig van die Promotion of Equality and Prevention of Unfair Discrimination Act en die sake wat deur hierdie howe beslis is wat uit xenofobiese voorvalle voortspruit. Die tesis sluit af met voorstelle oor terreine waar beter implementering van bestaande wetgewing benodig word, asook terreine waar wetgewende hervorming verlang word.
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Varley, Anna. "At the Gateway to Higher Education: Tracing Latino/a Pathways Toward First-Year Composition". Diss., The University of Arizona, 2009. http://hdl.handle.net/10150/195038.
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This dissertation is a critical ethnographic study of institutional, ideological, and cultural factors influencing the educational pathways of low-income Latino/a students. The study lasted for nine months, and research was conducted in two field sites: a public high school and a public university in the Southwest. There were eighteen research participants--seventeen students and one teacher. A funds of knowledge approach combined with a Latino/a Critical Theory lens and best practices in college access allow a consideration of these factors in public schooling. I balanced institutional data with interviews, writing samples, and class discussions, and I found that factors hindering students' persistence included material conditions such as overcrowding, ideological constraints such as low expectations, and a cultural disconnect between students' values and the values embedded in school curricula and policies. Although these Latino/a students demonstrate experiential critical literacy, the students are not given an opportunity to connect their lived experiences to theory in school, which can hinder college-going attitudes. To foster critical democracy, practitioners of First-Year Composition have an opportunity to rethink our purpose and goals to make sure that what we advocate in theory--college persistence for all students--matches up with our practice. This study suggests remedies to ensure that in a system in which social, economic, and political inequities are fed by and feed our inequitable educational system, we can take an active role in reshaping the educational pipeline by working in partnership with public schools and communities to bring equity to college access and retention efforts.
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Hona, Zakuthwani Alfred. "The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council". Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32278.
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Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the Constitution. Section 32 of the Constitution also guarantees to everyone the right of access to information. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) was promulgated to give effect to this fundamental right as contemplated in s 32(2) of the Constitution. This thesis considers the extent to which the provisions of PAJA may be applicable to the actions of the South African Legal Practice Council (“the LPC”). It also considers the extent to which the provisions of PAIA may be applicable to the records of the LPC. Some remedial legislative amendments to the provisions of both PAJA and PAIA are recommended with the view of addressing certain identified legal obstacles. The proposed legislative amendments will enhance the exercise, realisation, enforcement and protection of both the right to just administrative action and the right of access to information.
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Wade, Mame Ndiaga. "Accès au juge constitutionnel et constitutionnalisation du droit : approche comparée avec l'Allemagne, l'Italie et l'Espagne". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1071/document.
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L'accès direct des individus à la justice constitutionnelle a tendance en Allemagne et Espagne, contrairement à la France et à Italie où il n’est pas prévu, à modifier la nature classiquement objective de la mission de constitutionnalisation du juge constitutionnel par les buts subjectifs poursuivis par les recours individuels directs. Il déclenche, le cas échéant, chez le juge constitutionnel une fonction autre que la simple constitutionnalisation du droit, qui demeure objective dans le cadre de l’accès indirect et l'entraîne sur le terrain de la fondamentalisation du droit, qui revêt des caractéristiques très subjectives. C'est ce qui explique la concurrence entre le juge constitutionnel et les juges ordinaires et européens, et conduit le premier à se comporter en cour suprême en Allemagne et en Espagne où existent ces voies de recours. La fondamentalisation, qui est un processus plus vaste que la constitutionnalisation, oblige également le juge constitutionnel à s’adapter et à prendre part à la "circulation des solutions juridiques"The direct access of individuals to constitutional justice has the tendency in Germany and Spain, contrary to France and Italy where it does not exist, to modify the current and objective nature of the mission of constitutionalisation of the constitutional judge through the subjective goals individual and direct recourses. It triggers, on the other hand, on the side of the constitutional judge another function than the simple constitutionalisation of law that remains objective in the case of the indirect access, which is leading to the fundamentalisation of law, which has very subjective features. This is explaining the competition between the constitutional judge and the ordinary and European courts that leads the first to behave in Supreme Court in Germany and Spain where those review procedures exist. The fundamentalisation, which is a wider process than the constitutionalisation one, also oblige the constitutional judge to adapt and to get involved in the “circulation of legal solutions”
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Badwaza, Yoseph Mulugeta. "Public interest litigation as practised by South African human rights NGOs : any lessons for Ethiopia?" Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1135.
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"It is against this backdrop of unsatisfacotry enforcement of fundamental human rights enshrined in the Constitution that the role of human rights NGOs in Ethiopia should come to the fore. Thus, apart from monitoring violations and conducting legal awareness programs, there is a need for human rights NGOs in Ethiopia to engage in public interest litigation with a view to facilitating the judical enforcement of fundamental rights representing those who, for various reasons, can not access courts. A number of reasons could be provided to justify why the South African system has been chosen for a lesson to Ethiopia. One reason could be the legal framework put in place to address issues of acces to justice in South Africa. Standing is a crucial question in any venture of public interest litigation. Section 38(d) of the South African Constitution entitles anyone acting in the public interest to approach a competent court and seek remedies when they feel that a fundamental right is infringed or threatened. This very liberal approach to standing is not common in many legal systems. For countries like Ethiopia where there is an extremely tight requirement of standing to institute civil proceedings in courts, such a liberal approach could be an inspiration. In addition to the guarantees given by the Constitution, in South Africa there exists a relatively advanced and dynamic system of subsidiary legislation that could facilitate the full utilisation of the constitutionally recognised rights of access to justice. More relevant to this dissertation are the human rights NGOs in South Africa that are engaged in human rights lawyering in general and public interest litigation in particular. Much could be learnt from the experiences of prominent human rights NGOs such as the Legal Resources Centre and Lawyers for Human Rights. In all, Ethiopia, where the activities of human rights NGOs have not yet gone further than the monitoring of violations and fragmented attempts of awareness raising campaigns, could indeed draw lessons from the South African experience in this regard. ... The study has five chapters. The first chapter deals with introductory matters such as objective, methodology and literature survey. In the second chapter, a working definition of the concept of public interest litigation, the rationale behind it, issues such as access to justice and locus standi will be discussed. The third chapter is devoted to the analysis of public interest litigation as employed in different legal systems. With a view to providing a broad perspective to the practice the cases of France, the United States and Canada are presented. However, the chapter will focus more on the Indian and South African systems, mainly because of the nature of the problems public interest litigation addresses in the two countries. There will be a fourth chapter dedicated to the examination of the existing legal and institutional framework in Ethiopia in light of the background presented in the previous chapters. The fifth chapter deals with the conclusion and recommendations aimed at pointing out the major lessons to be drawn to introduce public interest litigation in Ethiopia." -- Introduction.Prepared under the supervision of Professor JR de Ville at the Community Law Centre, Faculty of Law, University of the Western Cape, Cape Town, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Croome, Beric John. "Taxpayers rights in South Africa: An analysis and evaluation of the extent to which the powers of the South African Revenue service comply with the constitutional rights to poverty, privacy, administrative justice, access to information and access to". Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4594.
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Prado, João Carlos Navarro de Almeida. "Princípio constitucional da celeridade processual". Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-22102012-115308/.
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O constituinte reformador decidiu tratar do problema da morosidade da justiça, à semelhança de outros países e de diversos tratados internacionais a respeito. A presente dissertação tem por fulcro a análise do novo inciso LXXVIII do art. 5º da Constituição Federal que instituiu a celeridade processual como direito fundamental. É feita cuidadosa abordagem de todos os princípios constitucionais pertinentes à matéria, especialmente o devido processo legal, desde o seu surgimento, na common law inglesa, com a Magna Carta de 1215, evoluindo pela interpretação da Suprema Corte nos Estados Unidos, de modo a conhecer sua vertente substantiva, até ser consagrado no Brasil, de modo expresso, cerca de 200 anos depois, pela Constituição de 1988. Outros princípios apresentam-se igualmente de grande relevância, como o acesso à justiça, eficiência e igualdade. Constata-se que não era imprescindível a positivação de regra específica para que a Justiça estivesse jungida ao dever de julgar com rapidez. Revela-se, porém, profícua a abordagem do tema na Constituição, dentre os direitos fundamentais. Verifica-se a ocorrência de eventuais conflitos no plano concreto envolvendo a celeridade processual e os princípios do contraditório e da ampla defesa, bem como a segurança jurídica. Dedica-se especial atenção ao papel da Emenda Constitucional n. 45, de 2004 e diversos institutos por ela trazidos no intento de se obter um Poder Judiciário mais célere e organizado de modo mais eficaz e uniforme, embora se constate a necessidade de mudanças que se sobressaem à atuação do legislador. Realiza-se pesquisa histórica e descritiva com supedâneo na doutrina brasileira e no direito comparado, especialmente nas literaturas jurídicas francesa, inglesa, portuguesa e estadunidense. Ao se analisar a repercussão do dispositivo à luz do direito constitucional, nota-se a necessidade de muitas outras alterações para que a Reforma atinja seu desiderato. Constata-se que o Poder Judiciário possui papel preponderante na salvaguarda dos direitos fundamentais, de modo que, atuando a contento, a celeridade processual pode se tornar poderoso instrumento de efetividade de tais direitos e da própria Constituição Federal.The constituent reformer decided to face the problem of the delays of Justice, likewise that in other countries and various international treaties of the subject. This dissertation focuses on the analysis of the new item LXXVIII of article 5th of the Federal Constitution which set the celerity of procedure as a fundamental right. A careful approach is made from all constitutional principles relevant to the subject, especially the due process of law, since its emergence in the English common law, with the Magna Carta of 1215, evolving through United States Supreme Courts interpretation, in order to meet its substantive aspect, to be explicitly devoted in Brazil, about 200 years later, by the Constitution of 1988. Other principles also have great relevance, such as access to justice, efficiency and equality. It appears to be unessential to insert a specific rule by which the Justice would be bound by duty to judge rapidly. However, it is useful to approach the subject in the Constitution, among the fundamental rights. Possible conflicts are analyzed in concrete plan involving the speedy trial clause and the principles of adversarial and legal defense, as well legal certainty. Proper attention is paid to the role of the 45th Amendment of 2004 and various institutes brought by it, in the attempt to achieve a faster and more uniform and well organized Justice, although evidences the need of changes that overcome the role of the legislator. Takes place a historical and descriptive research takes place in Brazilian doctrine and comparative law, especially in French, English, Portuguese and American legal literature. By analyzing of the clauses effect under the constitutional law, its notice the demand of many other changes to the Reform reach your goal. Its seen that the Judiciary has a predominant role in safeguarding the fundamental rights, so that, working properly, speedy trial clause may become a powerful tool of effectiveness of such rights and of the own Constitution.
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Backes, Maria Helena. "A audiência pública jurisdicional no estado constitucional: uma análise crítica das audiências públicas realizadas pelo Supremo Tribunal Federal". Universidade do Vale do Rio dos Sinos, 2014. http://www.repositorio.jesuita.org.br/handle/UNISINOS/4952.
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No âmbito da jurisdição constitucional brasileira, a atuação do Supremo Tribunal Federal é cada vez mais valorizada, publicizada e também, questionada. Isso pois, na análise e julgamento das demandas sociais (e processuais) que apresentam interesse público e repercussão geral, é a referida Corte quem assume, mediante à sociedade, a principal responsabilidade na tomada de decisão final e na formulação de novos modelos e parâmetros jurídicos que se apresentam como resposta à inquietação social. Nesse sentido, as audiências públicas surgem como instrumento para contribuir com a formação da tomada de decisão, a partir de debate e esclarecimentos acerca de determinada matéria, propiciados através da participação da sociedade civil interessada. Considerando tal premissa, o presente estudo surge a partir da preocupação em, de forma crítica, avaliar os propósitos e os métodos assumidos pela Suprema Corte brasileira através das audiências públicas, no sentido de que seus resultados possibilitem a formação de decisões constitucionais legitimas e democráticas fundamentadas no produto deste movimento e encontro entre Poder Judiciário e Sociedade Civil que é estruturado historicamente pela preocupação sociológica acerca do acesso à justiça. Para tal propósito, foi necessário o desenvolvimento de três capítulos. No primeiro, o estudo apresenta a origem histórica e legal das audiências públicas, analisadas a partir de suas diversas razões finalísticas identificadas através do ordenamento jurídico brasileiro, nos seus mais diversos âmbitos. O segundo capítulo é formado a partir de reflexão acerca da evolução do Acesso à Justiça como direito fundamental, na crescente judicialização das demandas sociais, mantida como grande efeito pós-moderno e da conjunção dos conceitos de democracia e participação popular no contexto instaurado pelo atual cenário processual brasileiro. Por fim, o terceiro capítulo apresenta análise acerca de cada uma das audiências públicas realizadas pelo Supremo Tribunal Federal até então, e das decisões judiciais, consideradas o produto final da interação participativa realizada entre Suprema Corte e sociedade civil. O presente estudo atende à linha de pesquisa Hermenêutica, Constituição e Concretização de Direitos e encontra-se ancorado no Direito Público, área de concentração do Programa de Pós Graduação em Direito da Universidade do Vale do Rio dos Sinos - UNISINOS, pois versa sobre a efetiva realização de direitos por meio dos instrumentos processuais adotados no âmbito da jurisdição constitucional e sua efetiva resposta às provocações sociais.
Within the Brazilian constitutional jurisdiction, the role of the Supreme Court is increasingly valued, publicized and also questioned. This is because, in the analysis and judgment of social (and procedural) demands with public interest and general implications, is that Court who takes upon society, the major responsibility for a final decision and the formulation of new models and judicial parameters for a response to social unrest. By this way, public audiences emerge as a tool to contribute to the formation of decision-making, from discussion and clarification on certain subject, enabled through the participation of interested civil society. Considering this premise, the present study arises from the concern, in a critical way, evaluate the purposes and methods undertaken by the Brazilian Supreme Court through public audiences, in the sense that their results provide generation of based and legitimate democratic constitutional decisions in the product of this movement and encounter between the judiciary and civil society that is historically structured by sociological worries about justice access. For this purpose, it was necessary the development of three chapters. In the first, the study presents the historical and legal source of public audiences, analyzed from their various purposive reasons identified by Brazilian law, in its various contexts. The second chapter is formed from the observation on the development of the Justice Access as a fundamental right, the growing judicialization of social demands, kept as a great post-modern effect of the conjunction by democracy concepts and popular participation in the context established by the current Brazilian legal scenario. Finally, the third chapter shows the analysis on each of the public hearings held by the Supreme Court until then, and judicial decisions, considered the final product of participatory interaction between the Supreme Court and civil society. This study attends the research line in Hermeneutics, Constitution and Implementation of Rights and is anchored in public law, the concentration area of the post Graduate Program in Law, Universidade do Vale do Rio dos Sinos - UNISINOS therefore focuses on the effective realization of rights through legal instruments adopted within the constitutional jurisdiction and its effective response to social provocations.
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Pereira, Felipe Pires. "Meios alternativos de resolução de conflitos urbanos e justiciabilidade do direito fundamental social à moradia". Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5708.
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Previous issue date: 2011-10-25The main objective of this dissertation is to demonstrate that the prediction of housing rights in International Human Rights norms and their explicit inclusion on the list of the social rights of the Brazilian Federal Constitution imposes on states and individuals the obligation to protect and promote this right to socially and economically vulnerable citizens. This theoretical research finds strength in fundamental constitutional principles of urban policy and understanding of the right to housing as a fundamental social right rooted in the principles of human dignity, citizenship, equality, non-discrimination, solidarity, and the review of legal institutions and property ownership in the light of social function. The new approach to access to Justice is the instrumental bond for claiming the right to housing before Government, especially through the exercise of the powers conferred to the Public Defender by the constitutional legislator. The proposed results are the implementation of the fundamental social right to housing through a rights education, mediation and international mechanisms of protection, as well as the bringing of legal individual and collective actions for social protection of this right in a defensive and comprehensive perspective of fundamental rights
O principal objetivo desta dissertação é demonstrar que a previsão do direito à moradia na normativa internacional de Direitos Humanos e a sua inclusão de forma expressa no rol dos direitos sociais da Constituição Federal brasileira impõe aos Estados e aos particulares a obrigação de proteger e promover esse direito aos cidadãos social e economicamente vulneráveis. Essa investigação teórica encontra solidez nos princípios constitucionais fundamentais da política urbana e na compreensão do direito à moradia como direito fundamental social de raízes nos princípios da dignidade da pessoa humana, da cidadania, da igualdade e não-discriminação e da solidariedade, e na releitura dos institutos jurídicos da posse e da propriedade à luz da função social. O novo enfoque de acesso à Justiça consiste no elo instrumental para reivindicação do direito à moradia perante o Poder Público, especialmente pelo exercício das atribuições conferidas à Defensoria Pública pelo legislador constituinte. Os resultados propostos são a efetivação do direito fundamental social à moradia através da educação em direitos, da mediação e dos mecanismos internacionais de proteção, bem como a propositura de ações judiciais individuais e coletivas para justiciabilidade desse direito social na perspectiva defensiva e prestacional dos direitos fundamentais
Livros sobre o assunto "Access pathways to constitutional justice"
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Karim, Fazal. Access to justice in Pakistan: A handbook of civil & criminal procedure with constitutional setting ... Karachi: Pakistan Law House, 2003.
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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Criminal Justice Information Improvement Act: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, second session on H.R. 2129 ... July 16, 1986. Washington: U.S. G.P.O., 1987.
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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Misuse of National Crime Information Center records: Joint hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, and the Subcommittee on Information, Justice, Transportation, and Agriculture of the Committee on Government Operations, House of Representatives, One Hundred Third Congress, first session, July 28, 1993. Washington: U.S. G.P.O., 1994.
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Kramer, Xandra, Alexandre Biard, Jos Hoevenaars e Erlis Themeli. New Pathways to Civil Justice in Europe: Challenges of Access to Justice. Springer International Publishing AG, 2022.
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Kramer, Xandra, Alexandre Biard, Jos Hoevenaars e Erlis Themeli. New Pathways to Civil Justice in Europe: Challenges of Access to Justice. Springer International Publishing AG, 2021.
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Hess, Kären M., Christine Hess Orthmann, Jonathon Kingsbury e J. Scott Harr. Bundle: Constitutional Law and the Criminal Justice System, 7th + MindTap Criminal Justice, 1 Term Printed Access Card. Cengage Learning, 2017.
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Lee Epstein and Thomas G. Walker. Constitutional Law for a Changing America: Rights, Liberties and Justice, 8th Edition Plus Archive Access. CQ Press, 2012.
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Hess, Kären M., Christine Hess Orthmann, Jonathon Kingsbury e J. Scott Harr. Bundle: Constitutional Law and the Criminal Justice System, Loose-Leaf Version, 7th + MindTap Criminal Justice, 1 Term Printed Access Card. Cengage Learning, 2017.
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Gelder, Emma van. Consumer Online Dispute Resolution Pathways in Europe: Analysing the Standards for Access and Procedural Justice in Online Dispute Resolution Procedures. Boom Uitgevers Den Haag, 2022.
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Gelder, Emma van. Consumer Online Dispute Resolution Pathways in Europe: Analysing the Standards for Access and Procedural Justice in Online Dispute Resolution Procedures. Boom Uitgevers Den Haag, 2022.
Encontre o texto completo da fonteCapítulos de livros sobre o assunto "Access pathways to constitutional justice"
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Harris, Bede. "Access to Constitutional Justice". In Constitutional Reform as a Remedy for Political Disenchantment in Australia, 213–28. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-3599-4_11.
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Van Nuffel, Piet. "Some Thoughts on Access to Justice within the European Constitutional Framework". In The EU Constitution: The Best Way Forward?, 415–20. The Hague: T.M.C. Asser Press, 2005. http://dx.doi.org/10.1007/978-90-6704-543-8_29.
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Duff, Andrew. "The Judiciary". In Constitutional Change in the European Union, 57–68. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-10665-1_5.
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AbstractThe European Court of Justice plays a critical role in the integration process. National constitutional courts have to come to terms with the primacy and direct effect of EU law. Current restrictions on the judicial authority of the Court should be lifted. The Charter of Fundamental Rights has potential yet to be reached. Only full respect for the rule of law will allow the European Court of Justice to evolve into a federal supreme court, with wider access for the citizen on appeal.
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Gans-Combe, Caroline. "Automated Justice: Issues, Benefits and Risks in the Use of Artificial Intelligence and Its Algorithms in Access to Justice and Law Enforcement". In Research Ethics Forum, 175–94. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-15746-2_14.
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AbstractThe use of artificial intelligence (AI) in the field of law has generated many hopes. Some have seen it as a way of relieving courts’ congestion, facilitating investigations, and making sentences for certain offences more consistent—and therefore fairer. But while it is true that the work of investigators and judges can be facilitated by these tools, particularly in terms of finding evidence during the investigative process, or preparing legal summaries, the panorama of current uses is far from rosy, as it often clashes with the reality of field usage and raises serious questions regarding human rights. This chapter will use the Robodebt Case to explore some of the problems with introducing automation into legal systems with little human oversight. AI—especially if it is poorly designed—has biases in its data and learning pathways which need to be corrected. The infrastructures that carry these tools may fail, introducing novel bias. All these elements are poorly understood by the legal world and can lead to misuse. In this context, there is a need to identify both the users of AI in the area of law and the uses made of it, as well as a need for transparency, the rules and contours of which have yet to be established.
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Oberoi, Pia, e Kate Sheill. "Unfair and Unjust: Temporary Labour Migration Programmes in and from Asia and the Pacific as Barriers to Migrant Justice". In The Palgrave Handbook of South–South Migration and Inequality, 699–718. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-39814-8_32.
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AbstractTemporary labour migration programmes (TLMPs) are the most available option for regular migration available to low-wage migrant workers from Asia and the Pacific, and widely promoted by States and international actors as a development solution. This is in spite of longstanding evidence that such programmes carry considerable risks to the rights and well-being of the migrants on the programmes and for their families including in their access to justice. Many are consistently excluded by policy or practice from access to justice and remedies for human rights abuses whether in or outside the workplace. This chapter concurs that enhancing remedy for migrant workers is important, but we seek to go further in advocating for a comprehensive rights-based approach to labour migration that considers the migrant as fully human, with life and rights beyond the workplace. Building from an understanding of social justice as a societal organising principle that centres fairness in relations between individuals within society, this chapter takes an intersectional lens to argue that TLMPs are fundamentally unfair from both a human rights and social justice perspective and calls for systemic policy reform of labour migration pathways along these migration corridors.
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Goldmark, Sandra, Leslie Raucher e Ana Cardenas. "Building a Circular Campus: Consumption, Net Zero Emissions, and Environmental Justice at Barnard College". In Transforming Education for Sustainability, 347–76. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-13536-1_20.
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AbstractHigher education has an opportunity to accelerate the transition to a just and circular economy, a vital part of any global response to climate change. As diverse but contained communities, campuses are in many ways microcosms of the larger world – with systems, both centralized and decentralized, for dining, purchasing, transportation, home and work life, and decision making. At the same time, colleges and universities have significant capacity to influence behaviors through teaching, research, management, and purchasing power. These characteristics create a unique opportunity to develop and test circular economy strategies, especially in the context of environmental justice. When put into practice in a campus environment, numerous intersections and synergies between social justice and circularity become apparent, along with powerful pathways for emissions reduction and changing behavior patterns. This chapter describes the pursuit of an equitable and circular campus at Barnard College: a circular campus is a holistic, systems-based framework designed to reduce emissions and waste, reduce costs, transform consumption patterns on campus, increase access and affordability for students, and support the transition to a just, sustainable economy.
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Paulus, Andreas L. "Between a Rock and a Hard Place: Italian Concerns Between Constitutional Rights and International Law". In Remedies against Immunity?, 337–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_18.
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AbstractSentenza 238/2014 has led to a sharp dissonance between the international law of state immunity as interpreted by the International Court of Justice (ICJ) and Italian constitutional law as understood and applied by the Corte Costituzionale. While the interpretation and application by the Italian Constitutional Court (ItCC) of the access-to-courts provision in the Italian Constitution may not have been inevitable, this does not remove the need for finding a solution to the stalemate between international and domestic law. On the one hand, the easy solution, namely that the rejection of German state immunity from jurisdiction does not necessarily remove immunity from execution into German property, appears unlikely to be accepted by the ItCC because it would give stones rather than bread to the complainants and render court access a futile exercise. On the other hand, bringing Sentenza to its logical conclusion would result in Italy having to return to Germany what Italian courts took from her by requiring compensation—either by way of the general international law of restitutio in integrum, which the Corte Costituzionale has neither contemplated nor contradicted, or by way of the 1961 Treaty between Germany and Italy in which Italy promises to indemnify Germany against any further claims. Thus, a compromise would have to distinguish between full access to the Italian courts notwithstanding international immunity—as required by the ItCC—and substantive law, which could accept a more symbolical recognition of the suffering of the victims. That recognition could stem from a direct source other than the two states involved, such as a common fund, and address only the small group of immediate victims who were unjustly, if arguably legally, excluded from the previous compensation scheme of the 1960s. It is by no means certain, however, whether such an outcome would be acceptable to all sides—including the Corte itself. Thus, legal certainty would have to be established as quickly as possible so that the victims can still receive at least symbolic compensation.
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Bufalini, Alessandro. "Waiting for Negotiations: An Italian Way to Get Out of the Deadlock". In Remedies against Immunity?, 191–208. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_9.
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AbstractThe outcome of Judgment 238/2014 does not directly rely on the fact that the international dispute on state immunity involves two member states of the EU. Also, it is difficult to envisage at the European level any normative development on the international rules on state immunity. It seems, however, that some useful lessons can be learnt from the judicial dialogue between the European Court of Justice, the European Court of Human Rights, and constitutional courts. In very general terms and for many reasons, the relationship between constitutional courts and the International Court of Justice (ICJ) cannot rely on particularly sophisticated techniques of judicial dialogue.This encourages us to consider the importance of involving state-level political organs as one of the counterparts to the dialogue. The potential power of judges to address these political organs in order to find a diplomatic solution raises the thorny question of whether this availability of alternative means of dispute settlement at the international level might impact on (or somehow restrict) the right of access to justice for Italian victims. Since both ICJ and the Italian Constitutional Court (ItCC) seem to agree that negotiation is the alternative dispute settlement par excellence (and the only means available to settle the present dispute at the international level), the ItCC might have given more importance to the availability of alternative means of redress—in the form of negotiations between the two states—in order to wear down the absolute character of the principle of judicial protection enshrined in Article 24 of the Italian Constitution.Of course, a negotiated solution depends upon the willingness of both parties, whereas an Italian political initiative aimed at unilaterally granting reparation to the victims is always possible. Moreover, the latter solution may stop the enforcement of Judgment 238/2014 and reduce Italy’s exposure to international responsibility for non-compliance with the 2012 ICJ Judgment. So long as Italian victims and their heirs are compensated, the restriction on their right to seek justice through the courts might become more tolerable for the Italian tribunals.
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Millet, Isabella. "Re-thinking Property and Pollution: Conserving the Night Sky as Natural Commons". In Demanding a Radical Constitution, 113–30. Cham: Springer Nature Switzerland, 2025. https://doi.org/10.1007/978-3-031-75690-0_7.
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AbstractChile’s 1980 Constitution stands out globally for instituting strong private property rights over many things—including water, mineral concessions, education, and health services—with the result that access to basic human needs is at the mercy of the market, often leading to higher costs for low-income people and increasing inequality. A major objective of the CC was to address or reverse these dynamics by introducing novel notions of property such as common goods—as distinct from public goods—and using the concept of ‘natural commons’ within environmental governance. This chapter explores the natural commons through a novel lens—the movement to protect dark night skies—and acknowledges long histories in Chile of astronomy research conducted by Indigenous peoples, community organizations, and university scientists. Studying two constitutional articles in particular, this chapter examines the possibilities they open up for reimagining nature, knowledge, research relations, and the critical framing of environmental justice issues.
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Onida, Valerio. "Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights". In Remedies against Immunity?, 331–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_17.
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AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.
Trabalhos de conferências sobre o assunto "Access pathways to constitutional justice"
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Váradi, Ágnes. "Access to Justice in Constitutional Court Proceedings: Germany". In MultiScience - XXXIII. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2019. http://dx.doi.org/10.26649/musci.2019.108.
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Biolé, Filippo. "Delivering Justice for Victim States – the Italian Experience in Obtaining Justice for Victims of the War through Compensation – Brief Notes By Filippo Biole". In Relation between International and National Criminal Law, 241–46. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24113a.
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This short paper is aimed to offer a brief food for thought on the Italian recent jurisprudence created in the last 25 years regarding access to justice for compensation claims deriving from crimes against humanity committed in wartime during the Second World War. It offers an excursus from the first case in the Supreme Court up to the proclamation by the Constitutional Court of principles in contrast with the international panorama regarding the customary principle of immunity between states, up to the proposal of supranational legal instruments with a deterrent effect for new armed conflicts between peoples under the ages of the Council of Europe.
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Iacub, Irina. "Right of access to the position of judge at the Supreme Court of Justice: aspects of constitutionality and legal certainty". In Consolidarea rezilienței sociale prin valorificarea capitalului uman în contextul aderării Republicii Moldova și Ucrainei la Uniunea Europeană, 338–45. Moldova State University, 2024. https://doi.org/10.59295/crs2024.36.
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The study includes a detailed analysis of the right of access to the position of judge at the Supreme Court of Justice, a highly topical subject at the moment, as we are in the process of completing the staffing of this authority. The study focuses on the analysis and elucidation of the essence and content of the given right, the conditions for exercising it and the specifics of its restriction. Distinct attention is paid to the way in which the restriction of its exercise, regulated by the legislation in force (in particular by Law no. 65/2023 and Law no. 64/2023), corresponds to the constitutional requirements in this field. Additionally, it is assessed how the regulation of its exercise guarantees the legal security of its holders.
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VÁRADI, Ágnes. "PUBLIC EDUCATION IN THE CASE LAW OF THE HUNGARIAN CONSTITUTIONAL COURT WITH SPECIAL REGARD TO THE QUESTION OF ACCESS TO JUSTICE". In 11th International Conference of J. Selye University. J. Selye University, Komárno, Slovakia, 2019. http://dx.doi.org/10.36007/3334.2019.165-176.
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Kamber, Krešimir, e Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL". In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.
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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Zenni, Alessandro Severino Valler, e Joyce Kelly da Silva. "Paths to justice: Autism and the ethics of care as foundations for inclusive public policies in education". In I Seven Applied Social Sciences Congress. Seven Congress, 2024. http://dx.doi.org/10.56238/icongresssevenappliedsocialsciences-021.
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This article analyzes the relationship between the rights of people with Autism Spectrum Disorder (ASD) and the ethics of care, in the context of inclusive public policies aimed at education in Brazil. The main objective is to investigate how the ethics of care can influence the creation and implementation of policies that promote the inclusion and protection of the rights of autistic people, addressing issues such as equality, access to education, and the construction of a more inclusive society. In the functionalist society of social roles and utilitarian values, an essential outline of the dignity of the human person and its value consequences, embodied in constitutional norms and principles, marks a hermeneutic criterion for the construction of a just, fraternal, and supportive society. Emancipatory policies aimed at children with ASD imply the realization of social rights, emphasizing the maximum effectiveness of fundamental rights. Furthermore, the ethics of care in the social right to education of people with ASD, addressing concepts from Winnicott and Boff, and highlighting the importance of affection and recognition, consider overcoming ethical models based on legalism and utilitarian culture, rewriting the history of fraternity to overcome the functionalism of risks and calculations in the plan of social engagement so recurrent in the society of statistics and budget.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic". In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
Texto completo da fonteResumo:
COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
Relatórios de organizações sobre o assunto "Access pathways to constitutional justice"
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State of Indigenous Peoples', Local Communities', and Afro-descendant Peoples' Carbon Rights in Tropical and Subtropical Lands and Forests. Rights and Resources Initiative, novembro de 2024. http://dx.doi.org/10.53892/ofgy6987.
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This brief summarizes findings from a study undertaken by the Rights and Resources Initiative and McGill University to systematically analyze the carbon rights held by Indigenous Peoples, local communities, and Afro-descendant Peoples in 33 countries in Africa (11), Asia (9), and Latin America (13) that cover over 35% of the world’s forest. We examine whether and how countries protect the rights necessary for communities to manage, control, and benefit from carbon on their lands and to access compensation and justice when they are affected by carbon trading initiatives. We collected data on 35 indicators from domestic laws and policies related to land, carbon, and resource rights across several sectors, including constitutional law; land tenure administration; and forest, climate, and environmental law. Across these 33 countries, our analysis refers to the legal rules that govern 96 community-based tenure regimes (CBTRs) identified by RRI in these countries.