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Research Paper (postgraduate) from the year 2019 in the subject Organisation and administration - Public administration, grade: 1.1, University for Development studies (Wa Campus), course: Social Administration, language: English, abstract: The provision of legal aid services for the poor, marginalized and excluded groups of persons has increasingly attracted the attention of the global development community due to its role in improving access to justice and in providing beneficiaries with access to legal entitlements, resolution of disputes, and justice processes. It has also been globally accepted under the Sustainable Development Goals (i.e. Goal 16) that rule of law and equal access to justice for all should be promoted at both national and international levels and that adequate investments in legal aid provision should also be made. Legal aid provision has emerged as a crucial tool aimed at strengthening democratic governance, fostering peace and achieving progress towards sustainable development. It has been regarded as an important tool in tackling issues of women’s inheritance rights, empowering local communities to promote the accountability of extractive industries, securing legal identity or ensuring equal access to health, education and other social and economic services (UNDP, 2016). In the African region, access to justice by impoverished and marginalized people has been a constraint. Women living in rural areas are denied their rights to inherit the property of their deceased spouse, subsistence labourers are denied their wage by persons who engaged their services, and some persons at times are held in police custody without due process of law. In view of these, many African countries have guaranteed the right to a fair trial and equal access to legal service in their Constitutions. The right to legal aid in Africa has been affirmed in various regional human rights documents such as the 1999 Dakar Declaration and Recommendations, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2001), the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the 2004 Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa (UNDP, 2016b; Atuguba et al., 2006).
This volume analyzes Ghana s health system performance and highlights the range of policy options needed to improve health system performance and health outcomes.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.
"This book delves into issued of 'Civil justice' which refers to that part of a legal system that is concerned with the legal relations between people (including 'legal persons') as distinct from 'criminal justice' i.e. that part of the legal system concerned with actions by the state against people and looks at contracts, personal injury, property and the breakdown of family relations as familiar examples of civil disputes"--
Volume numbers determined from Scope of the guidelines, p. 12-13.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.
Ghana: Justice Sector and the Rule of Law provides a comprehensive review of the justice sector in Ghana. It includes chapters on the legal and institutional framework, management and oversight mechanisms, criminal justice and access to justice. The review is an essential resource for all actors interested or involved in justice sector issues in Ghana.