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71.
《社会福利与家庭法律杂志》2012,34(1):63-85
Over the last two decades the public sector has embraced new modes of service delivery, with a shift away from traditional face-to-face provision towards Internet and telephone based advice and information. While telephone provision has played an increasingly significant role in overall provision of legal advice in recent years, there has been limited empirical research which compares telephone to face-to-face services. Utilising administrative data from the Legal Services Commission (LSC) on legal aid services for housing problems, this paper explores the similarities and differences between the two delivery modes. We examine the client groups and matter types which tend toward particular channels of advice, the relationship between mode of advice and the outcome of cases for clients and the relationship between mode of advice and advice time. We find that there are significant differences in mode of advice among clients with particular demographic characteristics, with clients under the age of 18 and clients living with an illness or disability more likely to use face-to-face services. Our findings also suggest differences among the types of problems being addressed by telephone based services. On the surface there are small differences between modes of advice and the proportion of cases which lead to a substantive benefit outcome. However, once we disaggregate the data and investigate specific outcomes, there are pronounced differences in the outcomes achieved. Having controlled for key variables such as client demographics, case type and particularly stage reached, we find that telephone advice takes, on average, 14 minutes longer than face-to-face advice (compared to an hour less when examining the raw data). The implications of these findings for the future development of telephone based services in light of current policy in legal services are discussed. 相似文献
72.
《社会福利与家庭法律杂志》2012,34(2):193-204
This paper considers the definitions of spouse, civil partner and partner in European Union (EU) free movement of persons law in order to question the EU's heterocentric approach to defining ‘family’ in this context. It argues that the term ‘spouse’ should include same-sex married partners in order to ensure that there is no discrimination on the grounds of sexual orientation. It further highlights the problems created by basing free movement rights of civil partners on host state recognition of such partnerships. This approach allows Member States to discriminate on the grounds of sexual orientation and is therefore not compatible with EU equality law in others areas. The position of unmarried or unregistered partners is also considered; in particular, the paper examines the requirement of a duly-attested durable relationship and its impact on same-sex partners wishing to move from one Member State to another. The paper argues that it is time to reconsider the law in this area and bring it in line with the EU's commitment to eliminate discrimination on several grounds, including sexual orientation. 相似文献
73.
《社会福利与家庭法律杂志》2012,34(2):127-146
This article examines the impact of prisoners' rights in the UK and the US in relation to the shift in prisoners' status from a state of social and civil death towards a recognition of their citizenship that is grounded in social inclusion. It argues that the concept of citizenship can be reconstructed to include prisoners and that a rights‐based approach is crucial in moving the prisoner from the status of a non‐person, who is socially dead, towards citizenship. Only such a reconstruction will lead to improvements in the treatment of prisoners and to the raising of standards in prison; alternative methods, including new managerialist strategies, have failed to achieve significant improvements. 相似文献
74.
《社会福利与家庭法律杂志》2012,34(3):357-362
The Court of Appeal judgment in Lawrence v Gallagher is the first consideration of financial orders on the breakdown of a civil partnership. The case suggests that there is no difference between marriage and civil partnership in this respect, both as to the exercise of the judicial discretion and as to the willingness of the Court of Appeal to interfere with that discretion. 相似文献
75.
周喆 《贵州警官职业学院学报》2012,24(4):100-103
2007年民事诉讼法修订以来,关于再审程序划分的“三阶构说”日渐占据民事诉讼学界的主导地位.应从“三阶构说”的理论基础出发,结合现有法律规定,深入研究并完善民事申请再审案件受理程序具体内容,并针对其中若干疑难问题展开讨论,提出进一步完善申请再审案件受理程序的理论方向和具体构想,力求建立起更加完善、更具有操作性的民事申请再审案件受理程序. 相似文献
76.
徐信责 《广西政法管理干部学院学报》2012,3(3):40-44
在民事诉讼中,“证明妨碍”行为时有发生。为了实现司法正义,必须加强对这种行为的规制。现代“证明妨碍”制度并非在我国自然生长,它源自英国,因此,须对“证明妨碍”制度之生成、概念与要件充分了解,并对当下我国“证明妨碍”理论与实践进行深刻反思的基础上,以探求“证明妨碍”制度在我国构建之径路。 相似文献
77.
Petra Mezzetti 《Contemporary Politics》2015,21(3):323-340
The migration policy field is a multilayered and fragmented area still lacking a strong global and European regime. Nonetheless, different initiatives and fora have been promoted in the last decade to increase the international dialogue on migration, with the active participation of non-state actors, and particularly civil society organisations (CSOs). The article reviews selected initiatives undertaken at the UN and European level, whereby institutional representatives engage with CSOs in furthering migration policies. These initiatives and platforms may constitute transnational policy networks (TPNs). It explores signals towards the consolidation of more structured and ‘hard’ forms of participatory policy-making on migration issues, as well as obstacles present in this engagement dynamic. The key question addressed in this study is whether and how European institutions have engaged with the TPNs in the field of migration. The article also explores how some of the TPNs influence institutional policy-making at the EU level. 相似文献
78.
Why do elections held in the shadow of civil wars sometimes generate more violence in already war-torn societies, while in other circumstances they do not? This article develops a conceptual framework based on three clusters of factors to analyse the conflict-generating aspects of elections in war-torn societies: the key actors in the electoral processes; the institutions of elections; and the stakes of the elections. Two types of war-related elections are distinguished: elections held during an ongoing civil war, and elections held in the post-war period when peace is to be implemented. While different in many respects, the two contexts share critical characteristics through their association with the legacy of warfare. Several important implications emerge from the analysis. First, relating to militant and violent actors, incentive structures need to be altered by addressing both the opportunities and means of violence. Second, to prevent inducements for violent behaviour, institutional arrangements – including electoral commissions – have to be crafted with consideration given to local conflict dynamics and the history of violent conflict. Finally, the stakes of elections in war-shattered societies can be reduced through, for instance, constitutional pact-making and the oversight of external actors in electoral processes. 相似文献
79.
Jean Grugel 《Economy and Society》2013,42(2):209-231
Abstract New forms of regionalism are now a central element in global governance. It is sometimes suggested that new regionalism represents an opportunity for transnational civil society activism. I explore this argument through a comparison of processes of collective action in two emerging frames of regionalism governance in the Americas, the FTAA/Summit of the Americas and Mercosur. I show that, while civil society activism has regionalized to some extent in relation to both hemispheric regionalism and sub-regionalism, this process is far more marked in the former. I suggest, further, that the influence of civil society actors in regionalist governance in the Americas is extremely limited. This is due to persistent institutional barriers to inclusion, the practical obstacles for many groups of scaling up to the regional/transnational level and the particular difficulties associated with accessing trade-based negotiations. 相似文献
80.
Georgina Blakeley Head of Politics Dr 《Democratization》2013,20(1):44-59
Over the last decade the issue of transitional justice has attracted considerable media and academic attention. Diverse countries including such high profile cases as Chile, South Africa and the former East Germany have attempted to grapple with the complex question of how to respond to human rights abuses committed under a previous regime. Transitional justice generally surfaces as an issue during democratic transition. It is less common for this issue of past human rights abuses to be raised when democratic transition has been completed and democracy is fully consolidated. The subject of this article, however, is Spain, where the human rights abuses committed during the 1936–39 civil war, and the long Francoist dictatorship that followed, have only recently come to the fore, a full quarter of a century after the transition to democracy. The article argues that the current struggle to recover the bodies of the disappeared, and their historical memory, represents a significant case which not only provides new insights into the particular democratization process in Spain but also provides more general lessons for other countries grappling with similar problems. 相似文献