The Regionalisation of Judicial Review: Constitutional Authority,Access to Justice and Specialisation of Legal Services in Public Law

Since April 2009 judicial reviews may be dealt with at regional centres and in Cardiff. This change significantly relaxed the hitherto highly centralised system of judicial review in England and Wales. The main aims were to improve access to public law redress by enabling cases to be listed and heard at the most appropriate regional location. Despite recognition of the need to improve regional access, fears exist that this reform will threaten the standing and authority of judicial review in this jurisdiction; that it will contribute to a fragmentation of judicial review and, in the regions, reduce the quality of public law adjudication, legal advice and representation. Drawing on an empirical study on the regional use of judicial review, this paper assesses these matters and considers the early effects of regionalisation on access to judicial review and the development of regional markets for legal services in public law.     

Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience

The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (which has led to commentators describing law as a 'leviathan'), to a vague 'fear of the unknown'. In Germany the principal barrier is thought to be the problem of funding legal services. Empirical research indicates that the question of whether or not to consult a lawyer is primarily one of cost, although over one–third of potential clients have little idea about lawyers' fees. To find ways to surmount this barrier is therefore of paramount importance for a modern society. In broad terms, there are three potential attitudes to legal costs: reliance on one's own resources; hope for third party assistance (such as legal aid or pro bono ); and insurance. This article concentrates on the last of these three options, comparing, in particular, the systems in Germany and England and Wales.     

Introduction: Public Participation and Involvement in the Criminal Justice System in Asia

In this introduction to this special issue of the Asian Journal of Criminology, we pay special attention to public participation and involvement in the criminal justice system in Asia. Public support, participation, and involvement in various forms are crucial to normal functioning and effectiveness of the criminal justice system. Given the centralized and often non-democratic nature of the legal system in many Asian nations, studies in this field have lagged behind their Western counterparts. Based on empirical and theoretical studies from China, India, Japan, Macao, and South Korea, papers in this special issue address several key aspects of public participation and involvement in these Asian nations and regions, including the public’s role in crime reduction and prevention, the public’s fear of crime, the public’s involvement with the police in dealing with juvenile delinquencies, the police’s perception of civilian oversight of police work, public opinion on criminal trial procedures, and a comprehensive crime prevention strategy.     

The Role,Benefits, and Concerns of Digital Technology in the Family Justice System

Digitalization is increasing across family justice systems around the world. What are the benefits? What will be the impact on professional practice and legal representation? What are the concerns for those who may be digitally disadvantaged? How much can justice itself become digital?     

BADASSES: The Rise of Women in Criminal Justice

Little is known about the experiences and career trajectories of women working in the criminal justice field. Criminal justice, particularly law enforcement, has historically been largely a male-dominated career field. This study examines the experiences of 850 women working in the criminal justice field; in policing, courts, corrections, victim services, and academia. The present study collected data in 2017 and asked women working in the criminal justice field about their employment. Respondents said that they experienced a wide range of gender discrimination but did not see gender discrimination as a barrier to their success. The women identified personal and professional perseverance, strong mentorship, and family support as contributing factors to their success. Findings highlight the experience and challenges of women working at all levels and in all components of the criminal justice system and the journey of these women at a unique time in the history of criminal justice and evolution of women in the workplace. Implications for criminal justice, advice for current and aspiring women working in the field, and the nature of the experience for women in criminal justice are discussed.     

接近正义与诉讼保险制度研究

诉讼保险以商业运作模式为基础,通过投保将诉讼的成本和负担转移给保险公司,甚至社会。诉讼保险制度保障了老百姓接近正义的权益。引进诉讼保险不失为一种比较可行的对策。     

Access to Justice and Social Inclusion: The Policy Challenges in Wales

Enhancing access to legal and advice services is a central pillar of the Access to Justice Act 1999. Within the new welfare framework, employment rights come increasingly into focus as the UK government seeks to forge a link between welfare and work. Access to the labour market, and being sustained within it, are seen as major mechanisms for combating social exclusion. Discrimination at work can only thwart these ambitions. The Access to Justice reforms imply an assessment of need and a review of the ways in which individuals are negotiating the available system of redress. This article reports on a study of advice provision in employment discrimination cases in Wales, funded by the Legal Services Commission and the Equality Commissions in Wales. Drawing on the accounts of key providers, individual experiences of advice seeking and available statistical evidence, it explores the opportunities and constraints of the Welsh context and profiles many of the policy challenges posed for the devolved administration. It demonstrates that, despite advances in equalities legislation and policy directives aimed at strengthening people's employment rights, a number of critical obstacles remain for the most disadvantaged groups.     

诉权的宪政之维

目前我国的诉权研究视野比较狭窄、法理根基的探讨比较单薄,基于诉权与宪政之间的内在逻辑联系,从宪政的维度更能够厘清诉权的来源、属性与价值,这有助于拓宽诉权的思考空间,深化对诉权的理论研究,凸显加强诉权的宪法保障之重要意义。     

获得司法正义的权利--从国内运动到国际标准

非常感谢中国社会科学院法学研究所夏勇所长和《环球法律评论》杂志 ,提供这个珍贵的机会 ,使中欧人权学术网络 ① 得以从其于 2 0 0 3年 3月在北京组织召开的“获得司法正义的权利”学术研讨会上发表的众多学术论文中精选出 7篇 ,以“主题研讨”的形式在《环球法律评论》上刊出。我打算就“获得司法正义的权利”运动的情况和国际标准进行简单的阐述 ,并对以此为专题的研讨会发表几点看法。1 概念。实际上 ,时至今日 ,“获得司法正义的权利”(accesstojustice)这一概念的涵义究竟为何 ,学界和法律界并未达成广泛的共识。② 长期以来 ,在最…     

Family Court Enhancement Project: Improving Access to Justice

In 2013, Minnesota's Fourth Judicial District was one of four courts in the country selected by the U.S. Department of Justice, Office on Violence Against Women to receive a Family Court Enhancement Project (FCEP) grant, a multiyear demonstration initiative designed to build the capacity of court systems and partner stakeholders to improve child custody decision making in cases involving domestic violence. The FCEP enabled the project sites to explore, implement, and assess new and innovative court and noncourt procedures and practices. This article is an exploration of the outcomes of this project.     

获得司法正义:向无律师代理的人提供法律援助

本文阐释了获得司法正义的概念及其重要性,检讨了当前中东欧国家法律援助的现实状况,并依据可适用的国际人权公约中关于获得司法正义的标准和一些比较的标准,对中东欧国家的法律援助状况加以分析,进而简要描述了世界上一些国家的法律援助制度,介绍了改进现状的某些可行机制,并就一些在构建和改革法律援助制度过程中可能出现的实际问题展开探讨。     

The Public Participation Act: A Comprehensive Model Approach to End Strategic Lawsuits Against Public Participation in the USA

Commentators have documented the disturbing use of the courtroom to silence those who speak out on important issues. Too often, parties resort to meritless lawsuits in response to another's free expression or communication with the government. These lawsuits are called SLAPPs, or Strategic Lawsuits Against Public Participation. In the USA, they have emerged as a significant threat to the rights of expression and petition guaranteed in the First Amendment to the US Constitution. A majority of the US States have passed 'anti-SLAPP laws', but there is no uniform protection. The model legislation outlined in this paper is intended to guide those who seek uniform, comprehensive protection against SLAPPs.     

The People's Law versus Judge Judy Justice: Two Models of Law in American Reality-Based Courtroom TV

This essay examines the popular American daytime courtroom programs Judge Judy and People's Court and comparatively analyzes two distinct models of law and justice developed in these shows. Using the techniques of qualitative media analysis, I argue that Judge Judy represents a shift in the way popular culture imagines the role of law in the lives of ordinary people. This shift accords with neoliberal notions of governance and individual self-responsibility for protection against risk. Conversely, People's Court represents an older, liberal-legal model of law that emphasizes individual rights, public participation in the court process, and due process. By demonstrating the supersession of Judge Judy justice over that of People's Court , I argue that this shift in the way law is imagined in American popular culture signals wider shifts in American and indeed international attitudes toward the law in our everyday lives.