Access to Justice – Making Legal Rights Effective

The challenge of inclusion is to make the law more representative of the role and structure of the population. But apart from the need for diversity, there is a need to reduce the barriers to justice that prevent a large section of the population from exercising their legal rights. Without access to justice Example, there is a gap between the law in books and the law in practice.

Access to Justice
Access to Justice

In many legal systems, this gap can be very wide. Many authoritarian governments, both past, and present offer examples of legal systems that guarantee basic human rights on paper, but in practice violate them. Nevertheless, even in countries with traditions of democratic government, a similar contradiction can be found between ideology and practice.

Importance of Access to Justice

Laws may be enacted that offer solution to social problems, but only provide rights on paper without changing institutions and practices in a way that makes those rights effective. Legislation is cheap. The government may refer to legislation when claiming compliance with international conventions or responding to criticism.

Yet sometimes the rhetoric of the law is not supported by the resources necessary to carry out the stated intentions of the legislators. The law of books justifies inaction, precisely because it reflects the action.

Failure to provide adequate Right access to justice is a major cause of disagreement over the law and the rule of law in the books. Access to justice is a fundamental right that makes other rights effective.

Formal recognition of a right is of no importance unless there are adequate means to protect that right and enforce the relevant obligations. It is also an important aspect of the rule of law. As the King Chief Justice of the Supreme Court of South Australia has said:

We cannot, in the full sense of the word, be asked to live under the rule of law unless all citizens are able to effectively claim and defend their legal rights. Access to. Under our legal system, and in fact under the legal system obtained in all complex modern societies, which requires professional help. If any citizen is denied this professional help. The rule of law in society is so flawed that anyone who needs it in order to assert or defend their legal rights. “

Right to Access to Justice

Many people do not need the means to go to court, because if the other party continues to deny them their legal rights, they need the ability to make litigation a real threat. Most disputes are settled between the parties informally or through negotiations through lawyers. The risk of litigation in itself is an important factor in negotiations, as it encourages a settlement.

For many people, the costs of access to justice, and the risks associated with litigation, are often too high for them to use the legal system to protect their legal rights. Perhaps it is an ideal that all citizens should be able to effectively defend their legal rights.

It is tempting to liken the current situation to a historic golden age in which justice was available to all at a moderate price, and was carried out without fear or favor. It is doubtful that such a legal “Garden of Eden” has ever existed in any developed Western society. Nevertheless, it is important that a large number of citizens have access to justice issues to enforce their rights if the law is to be effective.

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