Having a Say: 'Access to Justice' as Democratic Participation

Abstract

Despite the pervasiveness of civil law in Western societies and the impact of its judicial creation and administration, citizens are too often bystanders in litigation; they are either represented by lawyers, and/or increasingly required to resolve these problems themselves without the assistance of legal representation. In terms of access to justice policy and initiatives, the response to this critical problem represents one of the most contested issues on the law-and-society agenda and there have been continuing debates over the meaning of access, its objectives, and its success. The question that arises in this regard is pertinent – can access to justice initiatives empower individuals to meaningfully participate in the legal decisions and processes that affect their lives and by extension, the democratic process? This paper critically examines whether, given the structure of the civil justice system, participation by self-represented litigants is a legitimate or viable foundation for access to justice initiatives.