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Vol 21 No 10 Oct/Nov 2016

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Access to Justice: Beyond the Policies and Politics of Austerity

Edited by: Ellie Palmer, Tom Cornford, Yseult Marique, Audrey Guinchard

ISBN13: 9781849467346
Published: January 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



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Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade, governments have reassessed their priorities for funding legal services: embracing ‘new technologies’ that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance.

Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Subjects:
Human Rights and Civil Liberties, General Interest, Law and Society
Contents:
Introduction
Part I: Access to Justice: Theoretical, Legal and Policy Background
1. Access to Justice: The View from the Law Society
2. The Meaning of Access to Justice
3. Principles of Access: Comparing Health and Legal Services
4. Europe to the Rescue ? EU Law, the ECHR and Legal Aid

Part II: Pressure Points on the Justice System
5. Access to Justice in Administrative Law and Administrative Justice
6. Immigration and Access to Justice: A Critical Analysis of Recent Restrictions
7. The Impact of Austerity and Structural Reforms on the Accessibility of Tribunal Justice
8. Thirteen Years of Advice Delivery in Islington: A Case Study
9. Complexity, Housing and Access to Justice
10. Access to Justice in the Employment Tribunal: Private Disputes or Public Concerns ?
11. Renegotiating Family Justice
12. Access to Justice for Young People: Beyond the Policies and Politics of Austerity

Part III: Alternative Approaches to Funding Legal Services
13. A Revolution in ‘ Lawyering ’ ? Implications for Welfare Law of Alternative Business Structures
10. Access to Justice in the Employment Tribunal: Private Disputes or Public Concerns ?
11. Renegotiating Family Justice
12. Access to Justice for Young People: Beyond the Policies and Politics of Austerity

Part III: Alternative Approaches to Funding Legal Services
13. A Revolution in ‘ Lawyering ’ ? Implications for Welfare Law of Alternative Business Structures