Rule of Law the Key Concept of Power Order Instructions: ‘Access to justice has come to be regarded as synonymous with, or crucially dependent on, the ideals of the rule of law and, more specifically, due process… Thus we can conclude… that “the right to participate in the legal process is fundamental to liberal theory”.
Conversely, evidence that some citizens are under-represented in the legal process or, worse, are not represented at all (because of insufficient resources or inadequate laws) threatens the legitimacy of this liberal theory’ (Stephen Bottomley & Simon Bronitt, Law in Context (4th edn), p. 159).
Reflecting on the above statement, critically discuss ‘access to justice’ with reference to the gap between the theory (e.g. the ‘ideals’ and the values law ‘should’ embody – e.g. ‘equality before the law’) and the practice of law. Discuss one of the following factors that might determine or affect a person’s ability to access justice: socio-economic status (‘class’); gender; disability, and/or ethnicity/race.* Discuss the key concept of power.
Rule of Law the Key Concept of Power Sample Answer
Introduction
Law is a dynamic system that is used not only to safeguard the civil rights of an individual in a society but also to establish an economic, social, cultural and educational condition in which a people’s legitimate aspirations and dignity are realized equitably (Bailey, P. 1255-1300, 2010). In other words, the law is founded on the roots of freedom, justice, and equality for the people who belong in a society or nation irrespective of their statuses. According to Bailey, the law describes the freedom of humanity under a governed structure that gives them the authority to have a standing rule to live, have liberty to follow and do their things as they will under the confines of the law, and not to be subjected to an inconstant, arbitrary, or uncertain will of other people.
This paper, therefore, aims at disclosing the reasons why the rule of law is becoming inactive in the society today. It is imperative to realize that the law is an indispensable organ that protects society and in this view, it could be described as a structure of a well-governed state. Without the law, governance is likely to collapse with the people most likely to suffer. However, this study reveals that there is a major challenge in the operation and dispensation of the law in society (Bailey, P. 1255-1300, 2010).
Evidence shows that there is a section of citizens who are under-represented or not represented at all in the legal process due to their insufficiency in getting resources, a factor that threatens the legitimacy of the law. Justice should be a fundamental principle to the wellness of all human beings and remains the center of the notion of development. However, it has been determined that rule of law only favors a portion of people and denies justice through abuse of power and the denial of rights, impunity, and corruption to the powerless, poor, and the gendered who remain victims of vulnerability (Bailey, P. 1255-1300, 2010). It is against this backdrop that this paper seeks to pursue ways to address the setbacks that hinder the equal rights to law.
Rule of Law the Key Concept of Power and Access to Justice
The terms of access to justice are used legally to describe the various mechanisms and functions through which individuals seek legal assistance. In this contemporary society, access to justice cannot be a factor that can be overstated. Access to justice is a fundamental instrument to the development and maintenance of the rule of law in any state and enables people to voice out their concerns and to exercise their legal rights (Cuomo, P, 856-874, 2013). The freedom to access justice equitably allows the citizens of a nation to an equal right to human dignity thus securing their rights and empowering these citizens.
An improved justice system requires the enactment of good practice and the availability of, and access to representation within the law sector. It also enshrines the ability of the legal systems in providing fair access to justice. The doctrine of justice is governed according to the law, a factor that gives the government through its legal systems the capability of ensuring that its citizens have access to justice without any form of discrimination. In this, there should be clear structures that control the aspects of abuse of power by the judiciary systems (Cuomo, P, 856-874, 2013). The rule of law has the functions of establishing social, economic, cultural and educational conditions where citizens can realize their legit aspirations.
Through this, it is important to realize that the welfare of a nation’s citizen depends on the predictability and the certainty of the values associated with the law in order to attain the wellbeing of the society. In regard to this, the rule of the law supposes that every individual (without discrimination whatsoever) is entitled to freedom, equity, and justice to an extent that their sanctity is recognized and their dignity is enhanced and maintained (Hunter, & De Simone, P. 379-398, 2009).
Rule of Law the Key Concept of Power and Barriers of Access to Justice
Access to justice can be affected by a number of social and cultural characteristics such as inequality gaps, average income, urbanization, nationality or religion, ethnicity, literacy in education among other factors. Other social factors include; socio-economic status (‘class’); gender; disability, and/or ethnicity/race (Hunter, & De Simone, P. 379-398, 2009). This section, therefore, seeks to analyze one of the barriers that affect access to justice;
Gender;
Women’s limited access to justice has been a complex issue that entails a series of inequalities in the legal systems, a factor that makes them a vulnerable group. Women are socially excluded, a factor a situation that describes that certain groups within the society are disadvantaged because of discrimination (Lockie, P. 234-241, 2005). This explains the reason why gender-based violence is miss understood by the judicial system and is treated insensitively. Women in the legal systems are always treated as guilty of offenses that are committed.
In ensuring justice to women, it is imperative that they are provided with access to fair, affordable, effective and accountable remedies so that they as their male counterparts can enjoy both equal rights in the judicial system. When the justice systems mitigate the obstacles that women face in the society, this will not only facilitate greater accessibility but will be a significant system in achieving gender equality. Inequalities in the society are on the rise and they negatively impact the lives of women (Lockie, P. 234-241, 2005).
It is imperative and significant to identify that barriers in access to justice occur both within and outside the formal justice institutions. In order to improve access to justice in society, there are a number of factors that can be considered (MacDowell, pp. 95-130, 2011). These factors will ensure equity in the dispensation of justice to all the genders without discrimination.
In some countries, there are some discriminatory laws which negatively impact women and the manner in which they access justice. Socio-economic and cultural barriers also remain factors that limit the ability of women to seek justice. These barriers are attributed to the unequal power relations between men and women, which tend to favor men.
Women living in poverty due to their living conditions in poverty or those living in low income may have problems accessing justice. Costs, in this case, do not only refer to the legal fees and judicial taxes but the needs to access the judicial institutions among others. This may be a challenge to especially when the proceedings take a lengthy period (MacDowell, pp. 95-130, 2011). Discriminatory attitudes, prejudices, stereotypes at the cultural level also play a role in this instance. Women may be barred from accessing justice as a result of social and cultural values and expectations.
This can be confirmed especially in instances such as domestic violence, divorce cases, child support proceedings. It is also important to mention that women categories from the lower classes are less likely to get justice due to the inadequacies in confidence in the judicial systems or out of fear of mistreatment. The lack of this confidence is as an antecedent of the institutional cultures that have been created to not take account of women’s claims, a factor that leads to discriminatory attitudes (Marino, P. 26-28, 2015). These women, therefore, are not aware of their rights, or the remedies that are available in the justice systems.
Improving Access to Justice
Women and girls in society are prone to discrimination within the confines of the law, inheritance, education, employment, and property rights. These segments of people are always marginalized and face challenges in accessing justice. Poverty is also a problem that has posed a challenge to women in their pursuit of justice since they are likely to have adequate resources to meet the demands of the judicial systems.
Another factor that hinders women from accessing justice is the institutional barriers. In a male-dominated the judicial system, it is more likely that women will receive no justice (Martin, P. 26-28, 2014). Their male counterparts who hold positions as judges, prosecutors, and police officers are biased by their cultural orientations and deter women from accessing justice. Certain cases that involve violence and rape are likely to be unrepresented due to shame and the stigma that come with them in society.
In order to improve the access to justice within the legal frameworks, a process of legal empowerment has to be initiated. Legal empowerment is a process where systematic changes are made through which the excluded and poor people are inspired to use the law, the legal services, and the legal services to advance and protect their rights and interests as the citizens of a nation.
The core of this framework is to pursue better approaches of protecting the basic rights of the poor and the marginalized such as women with the view of enacting equality in realizing their potentials and improving their livelihoods (Martin, P. 26-28, 2014).
The central theme of these elements is to ensure that there are a legal identity and literacy awareness in identifying and removing those legal barriers that marginalized the access to justice and exercising the legal rights of women to improve their lives and livelihoods (Simister, P. 607-623, 2012). The legal implementation will, therefore, improve the understanding of the marginalized groups of the importance of using the law systems to get justice.
The new reform will also focus on the aspects of alleviation of poverty that will see the prevention and abuse of legal rights. Legal empowerment, therefore, refers to a holistic multifaceted field, which helps the marginalized groups in accessing their rights as prescribed by the law such as justice, education, health and the requisition of remedies such as entitlement, peaceful dispute resolution, environmental sustainability, and social inclusion.
Women are the victims of violence and they experience various difficulties that bur them from accessing justice. It is imperative to understand that the existences of these barriers are attributed to the law and to the society’s belief and views about the construction of women and women’s issues. There is a need to focus beyond the legal boundaries and into the role that economics, culture, and politics play in the access to justice by women in instances of violence.
By only dwelling on the existence of laws that protect women, the availability of counsel and aid at the process of access to adjudication and enforcement as a framework to accessing justice for women who fall victims of violence would limit the process (Simister, P. 607-623, 2012). This remains an important aspect that should be met by any state.
Rule of Law the Key Concept of Power Conclusion
Law should be revised and enacted so that it remains a dynamic system that is used not only to safeguard the civil rights of an individual in a society but also to establish an economic, social, cultural and educational condition in which a people’s legitimate aspirations and dignity are realized equitably (Westbrook, L. 95-130, 2009). The judicial systems today are determined by the legislation that describes the rule of law as one that only favors a portion of people, and denies justice through abuse of power and the denial of rights, impunity, and corruption to the powerless, poor, and the gendered who remain victims of vulnerability.
The judicial systems have to reform their structures in order to give better services to all the people equitably irrespective of their statuses in the community. When these systems are put well in proper structures within a state, all the people will be confident of the judiciary in offering better services to the people in the society. Equity should be a factor to consider in the judicial system in offering better services to the marginalized groups.
Rule of Law the Key Concept of Power Works Cited
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