NCJ Number
61133
Date Published
1978
Length
122 pages
Annotation
TYPICAL BARRIERS PREVENTING CITIZENS' ACCESS TO COURT SYSTEMS AND THE PRIMARY STRATEGIES ADOPTED BY COUNTRIES TO DEAL WITH THESE BARRIERS ARE DISCUSSED, WITH SPECIAL ATTENTION GIVEN TO THE GENERAL JUDICIAL REFORM MOVEMENT.
Abstract
AN EXAMINATION OF BARRIERS TO ACCESS TO COURTS THROUGHOUT THE WORLD SHOWS THAT OBSTACLES ARE MOST PRONOUNCED FOR SMALL CLAIMS AND FOR ISOLATED INDIVIDUALS, ESPECIALLY THE POOR; WHILE LITIGATION ADVANTAGES BELONG TO THE WEALTHY AND POWERFUL, ESPECIALLY ORGANIZATIONAL LITIGANTS ADEPT AT USING THE LEGAL SYSTEM IN THEIR OWN INTERESTS. ONE OF THE STRATEGIES TO HELP REDUCE THIS IMBALANCE OF LEGAL POWER IS THE USE OF LEGAL AID PROGRAMS, WHICH MAKE LAWYERS AVAILABLE TO MANY WHO COULD OTHERWISE NOT AFFORD THEM. A SECOND STRATEGY HAS BEEN THE CREATION OF MECHANISMS TO REPRESENT THE DIFFUSE INTERESTS OF SUCH GROUPS AS THE POOR, CONSUMERS, ENVIRONMENTALISTS, AND, MOST BROADLY, THE GENERAL PUBLIC. A THIRD STRATEGY THAT HAS EMERGED FROM THE LIMITATIONS OF THE AFOREMENTIONED STRATEGIES IS THE 'ACCESS-TO-JUSTICE' MOVEMENT, WHICH INVOLVES THE CRITICAL STUDY AND REFORM OF THE ENTIRE LEGAL MACHINERY IN AN EFFORT TO MAKE LEGAL PROCESSES GENERALLY ACCESSIBLE FOR CITIZENS AS A MEANS OF DEALING WITH THEIR SOCIAL AND ECONOMIC PROBLEMS. THIS MOVEMENT AIMS TO REFORM GENERAL LITIGATION PROCEDURES, DEVISE ALTERNATIVE METHODS FOR DECIDING LEGAL CLAIMS, CREATE SPECIAL INSTITUTIONS AND PROCEDURES FOR CERTAIN TYPES OF CLAIMS OF PARTICULAR SOCIAL IMPORTANCE, CHANGE METHODS FOR THE DELIVERY OF LEGAL SERVICES, AND SIMPLIFY THE LAW. JUDICIAL AND LEGAL REFORMS ARE LIMITED WHEN THE ENTIRE FABRIC OF THE SOCIOECONOMIC AND POLITICAL ORDER OF A COUNTRY IS UNJUST, REQUIRING RADICAL AND REVOLUTIONARY REFORMS. CARE MUST BE TAKEN IN ANY REFORM MOVEMENT TO ASSURE THAT THE QUALITY AND PROCEDURES OF JUSTICE ARE NOT COMPROMISED. FOOTNOTES ARE PROVIDED. (RCB)