The regulatory space of equality and human rights in Britain: the role of the Equality and Human Rights Commission

The Equality and Human Rights Commission (EHRC) was created in 2006 with wide-ranging powers to protect human rights, promote equal opportunities and encourage mutual respect between different groups. Alongside the Commission, individuals, through the courts and sector-specific enforcers (such as ombudsmen and regulators), have also been given equality and human rights enforcement powers. Within this enforcement landscape, the Commission has struggled to craft an enforcement role for itself. For the first time, this article, through the mapping of these different actors in their shared regulatory space, outlines a role for the EHRC in equality and human rights enforcement. This role consists of three primary tasks: (1) taking action that courts and sector-specific enforcers are unable to perform; (2) overcoming some of the limitations of private enforcement in the courts; and (3) coordinating and supporting sector-specific enforcers. The article concludes by exploring how the EHRC can effectively fulfil this role

Legal challenges to university decisions affecting students in Australian courts and tribunals

In an era of increased accountability, decisions that adversely affect university students are more open to internal and judicial scrutiny. This article considers student challenges to university decisions in the context of universities as public bodies. It begins with extrajudicial processes such as the University Visitor, parliamentary Ombudsmen and internal university Ombudsmen. It then provides a comprehensive analysis of litigation in Australia between students and universities in which students have challenged decisions about admission, course content, assessment, academic progress and both academic and non-academic misconduct. Australian courts and tribunals have accepted jurisdiction in certain circumstances but student-university litigation has generally been unsuccessful for the students either on technical jurisdictional grounds or on the facts. Judicial consideration of university decisions and administrative processes has provided some guidance that may assist in the formulation of improved internal processes, particularly relating to the resolution of complaints and appeals. This article argues that the diverse range of courts and tribunals currently used by students are inappropriate and inefficient and considers whether the time is right for serious consideration to be given to the establishment of a dedicated dispute resolution body for the Australian higher education sector

Globalization, the Rule of (Administrative) Law, and the Realization of Democratic Governance in Africa: Realities, Challenges, and Prospects

This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in African countries. This article then demonstrates how administrative law can subject the exercise of power to the rule of law, contribute to the realization of social and economic rights, enhance public participation in governance, and contribute to the democratization of the exercise of power within legislatures and judiciaries. Globalization and the Law: The Next Twenty Years, Indiana University Maurer School of Law, Bloomington, Indiana, April 5-6, 2012

Access to justice arrangements: inquiry report

Volume 1 looks at the accessibility of the justice system, the use of alternative forms of dispute resolution, the regulation of the legal profession and the structure and operations of ombudsmen, tribunals and courts. Volume 2 discusses private funding of litigation; and the provision of legal aid, both broadly, and specifically to Aboriginal and Torres Strait Islander people. Key points There are widespread concerns that Australia’s civil justice system is too slow, too expensive and too adversarial. But the notion of a civil justice ‘system’ is misleading. Parties can resolve their disputes in many ways, including through courts, tribunals and ombudsmen. Each differs in its formality, cost and timeliness. Such a complex system resists both a single diagnosis and remedy. While much focus is on the courts, the central pillar of the justice system, much is done in their shadow, with parties resolving their disputes privately. Community legal education, legal information (including self-help kits) and minor advice help ensure that parties are better equipped to do so. Better coordination and greater quality control in the development and delivery of these services would improve their value and reach. Where disputes become intractable, parties often have recourse to a range of low cost and informal dispute resolution mechanisms. But many people are unnecessarily deterred by fears about costs and/or have difficulty in identifying whether and where to seek assistance. A well-recognised entry point or gateway for legal assistance and referral would make it easier to navigate the legal system. Most parties require professional legal assistance in more complex matters. But the interests of lawyers and their clients do not always align. Reforms to professional regulation are required to ensure clients are better informed and have more options for selecting the tasks they want assistance with, and how they will be billed. Clients should also have independent and effective options for redress when professional standards fall short. Some disputes, by their nature, are more appropriately handled through the courts. While these disputes may be small in number, many individuals are poorly placed to meet the associated costs. Court processes in all jurisdictions have undergone reforms to reduce the cost and length of litigation. But progress has been uneven and more needs to be done to avoid unnecessary expense. The ways in which parties interact with each other and with courts and tribunals also needs to change. The adversarial behaviour of parties and their lawyers can hinder the resolution of disputes or even exacerbate them. Changes to rules governing the conduct of parties and lawyers, and the way in which costs are awarded, would improve incentives to cooperate. Court fees vary widely across courts and jurisdictions and are not set with reference to a common framework. A more systematic approach is required for determining fees. Parties can derive significant private benefits from using the court system; these benefits need to be reflected in court charges, which in many cases should be increased. Disadvantaged Australians are more susceptible to, and less equipped to deal with, legal disputes. Governments have a role in assisting these individuals. Numerous studies show that efficient government funded legal assistance services generate net benefits to the community. The nature and predictability of funding arrangements constrain the capacity of legal assistance providers to direct assistance to the areas of greatest benefit. This needs to change and, in some cases, funding should be redirected. While there is some scope to improve the practices of legal assistance providers, this alone will not address the gap in services. More resources are required to better meet the legal needs of disadvantaged Australians

Annual Report Fiscal Years 2011 and 2012

https://digitalcommons.memphis.edu/govpubs-tn-comm-children-youth-annual-report/1010/thumbnail.jp

Globalization, the Rule of (Administrative) Law, and the Realization of Democratic Governance in Africa: Realities, Challenges, and Prospects

This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in African countries. This article then demonstrates how administrative law can subject the exercise of power to the rule of law, contribute to the realization of social and economic rights, enhance public participation in governance, and contribute to the democratization of the exercise of power within legislatures and judiciaries. Globalization and the Law: The Next Twenty Years, Indiana University Maurer School of Law, Bloomington, Indiana, April 5-6, 2012