Effective Administration Of Justice Research Articles

CONSTITUTIONALITY OF THE INSTITUTION OF CRIMINAL PROCEDURAL PREJUDICE

The authors considered the institution of criminal procedural prejudice and its compliance with the Constitution of the Republic of Kazakhstan, as it has a multidimensional holistic nature, arising in order to establish the circumstances to be proved in criminal proceedings. The study reveals the role, place and content of prejudice in criminal proceedings in Kazakhstan based on the study of law enforcement practice and analysis of legislation of foreign countries. Some problematic situations arising from the application of prejudice in criminal proceedings, as well as issues of implementation of new regulations on prejudice in criminal proceedings, are considered. The authors recognize prejudice as an established means of solving problems arising in the judicial and investigative practice in the legal field. It is noted that despite the noticeable influence of Russian criminal procedure science and legislation on the formation of this institution in Kazakhstan, the domestic legislator and the scientific community maintain a conservative attitude to the institution of prejudice. During the period of active formation of national legislation, the problem of harmoniously designed procedural institutions should not remain unresolved, especially if they contribute to the most effective administration of justice. Recognizing prejudice as a large and in many respects complex theoretical and applied problem of the science of Kazakhstan criminal procedure law, which still remains poorly developed and therefore in need of thorough and comprehensive research. Interestingly, the topic of prejudice is still not included in university law curricula, but in textbooks on criminal procedure (criminal procedure law) it is rarely affected. In the criminal procedure norm itself, which enshrines prejudice, the legislator has not established clear mechanisms for its implementation, and therefore, the authors propose options for harmonizing criminal procedure law, as well as adjusting the provisions of criminal procedure legislation on prejudice, as part of the institute of evidence, taking into account advanced foreign experience.

Quo Vadis Specialised Courts in Indonesia within Constitutional Court Decisions Confines

In Indonesia, special courts represent a phenomenon of judicial deference which is associated with an independent judicial system and supports the efficient and effective administration of justice. However, the practice in Indonesia shows that there is a need for further discursive research and thinking in the organization of the special justice system in Indonesia, based on internal and external issues in the realization of a special justice order that promotes substantive justice and is based on effectiveness, efficiency, and justice that is based on the needs of legal specificity under the specialized court context. This article utilizes dogmatic legal research based on a statutory approach, a case law approach, and a conceptual approach on a micro-legal research basis to examine the revamping of special courts in Indonesia, including the elaboration of Constitutional Court Decisions relevant to the strengthening of constitutional consolidation in post-reform Indonesia. Furthermore, the findings of this study show that the dynamics of special justice in Indonesia seem to be based on specific needs, international intervention in several cases, and ideas when the 1945 Constitution was amended by strengthening in accordance with conditions and times to achieve substantive justice. Similarly, the failure to build several special courts has become a discourse in recent decades, as various Constitutional Court decisions have directed topics that may be seen in the formation of special courts in the future. These include the existence of electoral and medical courts, which have also emerged as ideas for revamping specialized courts in Indonesia.

THE DOCTRINE OF «INHERENT POWERS»: CONSTITUTIONAL AND LEGAL CHALLENGES VS. AN INTEGRAL LEGAL TRADITION? (ON THE EXAMPLE OF THE US LEGAL SYSTEM)

The principle of separation of powers has always remained and still remains the most important legal mechanism of an effective system of checks and balances between different branches of government. Its main functional purpose is to ensure the independence and autonomy of all branches of state power. In particular, constitutional legislator exclude the possibility of concentration of powers by enshrining a set of constitutional and legal guarantees in governing institutions' legal status. However, in practice, situations often arise when the implementation of certain powers serves as the reason for the serious constitutional and legal conflicts in terms of the implementation by a state body of tasks that are extrinsic for its constitutional nature. Therefore, it is scientifically and practically significant to investigate the experience of the United States in the sphere of control over the constitutionality of normative acts, adopted as a result of the exercise of the so-called inherent powers. The author focused on the analysis of the legal positions of American courts on the implementation of inherent powers, both by Congress as the US legislative body and by the judicial authorities. The main results of the suggested study include the following. The doctrine of the inherent powers of the US Congress is based on three restrictive principles: 1) the means chosen by the government (enshrined in the normative legal act) must directly lead to the achievement of the constitutional goal; 2) when determining the means necessary to achieve the constitutional goal, there must be a requirement of good faith in the choice of such means; 3) the means used must be directly correlated with the goal contained in the text of the constitution itself, that is, be proportional. In the context of the implementation of the inherent powers by the judicial authorities, it is summarized that the investigated doctrine reflects the essence of the procedural competency of the court and should be considered as an important component of its independence, as well as the effective administration of justice in general. As a conclusion, the author argues that the issue of whether the implementation of certain inherent powers is «constitutionally verified», constitutional review body should consider three basic requirements, the essence of which lies in the certain scope of basic law norms, as the latter stipulates the status and functions of a certain public authority. Key words: constitutional doctrine, inherent powers, the US legal system, constitutionality of acts of public authorities, judicial practice.

МІЖНАРОДНІ СТАНДАРТИ ЗАБЕЗПЕЧЕННЯ ПРАВА ДОСТУПУ ДО СУДУ УЧАСНИКАМ ЕКОНОМІЧНИХ ВІДНОСИН

Transformation and sustainable development of modern countries is not possible without providing all participants in economic relations with equal access to justice, which should be based on respect for fundamental rights, the Rule of Law, transparent courts and the effective administration of justice, guaranteeing public access to information about activity of commercial courts. The term "access to court" is a complex legal category based on several basic criteria, the simultaneous provision of which guarantees the actual observance of a person's right to access to justice, in particular: 1) financial, which provides for the obligation of the state to establish such an algorithm for determining the amount of court costs, which takes into account the property of the party and does not create obstacles to the exercise of the right to go to court, while acting as a safeguard against abuse of the right to go to; 2) territorial, which provides that the system of courts of general jurisdiction should be built taking into account the territorial structure of the state, with local courts, which consider all cases as courts of first instance, should be territorially as close as possible to the person; 3) organizational — provides for the optimal organization of the judicial system, which should be simple and, at the same time, clear and effective, in the context of access to court and the procedure for protection of individual rights. In addition, both the system of general courts as a whole and each individual court of general jurisdiction must be established and carry out their procedural activities in strict accordance with national law; 4) informational, according to which each state must legislate to inform its citizens and business entities about the procedure for going to court, about the conditions of providing certain categories of socially vulnerable citizens engaged in business activities, professional legal assistance provided by lawyers at the expense of the state, as well as the cur rent procedural rules; 5) procedural, which guarantees the administration of justice on the basis of the Rule of Law, as well as impartiality and impartiality of the court and judges, reasonable timeliness of court proceedings, publicity of proceedings and promulgation of court decisions, proper motivation and justification of court decisions, ensuring effective execution of court decisions and respect for final court decision; 6) quality of legislation, which imposes on the state the obligation to adopt legislation that meets the requirements of accessibility and predictability, so that each person has the opportunity to obtain adequate information about the circumstances of the application of legal norms in a particular case.

La tipificación del feminicidio en México. Un diálogo entre argumentos sociológicos y jurídicos

Los asesinatos violentos de mujeres en México han propiciado el surgimiento de los términos feminicidio y violencia feminicida, los cuales no terminan de impactar en las prácticas jurídicas. El objetivo de este artículo es tejer un puente entre los argumentos sociológicos y los jurídicos en torno a dichos términos. Con base en el método hermenéutico se hace un análisis de textos para armar un recuento del recorrido conceptual sobre las violencias de género y la violencia feminicida, que permita crear un nexo con el debate jurídico acerca de la tipificación del feminicidio. Finalmente, se reconoce que dicha tipificación ayuda a visibilizar el problema, hay una gran labor en el ámbito académico y es importante que ello redunde no solo en la creación de leyes, sino en la efectiva administración y procuración de justicia.

The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration

This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An indicator of the availability of justice is a component of the right to a fair trial, the existence of an optimal system of court costs and developed mechanisms for providing legal assistance to the poor. Meanwhile, all court judgments should be based on the current Constitution of Ukraine, as well as on the current legislation, without contradicting with them. The International experience in protecting the human rights and freedoms is very important and has a significant impact on the domestic legislation of both our state and other democratic states as a whole. The International standards of fundamental human rights and freedoms and their legitimate interests is the basis that fills the international experience in protecting human rights, freedoms and legitimate interests. The main provisions of the Constitution of the community of democratic states on human rights and freedoms must comply with all international standards, since the protection of rights, freedoms and legitimate interests ensures the sovereign, democratic and independent state. Each civilized state must ensure the implementation of legal guarantees for the protection of the rights, freedoms and legitimate interests of its citizens, this will become the key to the democratic development of the state. To summarize, the public is interested in ensuring that the rule of law is guaranteed through fair, impartial and effective administration of justice. The prosecutors and the judges ensure at all stages of the trial the guarantee of human rights and freedoms, as well as the protection of public order. This covers respect for the rights of the accused and the victims. Protecting the human rights in criminal proceedings at the trial stage is one of the main challenges facing the courts, prosecutors and lawyers. The opportunities of judicial protection through a system of various forms of judicial review is not only an additional guarantee of rights and freedoms, but also a condition for their speedy restoration. Key words: court proceedings, organizational and legal mechanism, protection of the rights, court decision, court control functions, The European Court of Human Rights, legal decisions, legal norms, court proceedings, protection of freedoms, availability of the justice.

Does Sentence Reduction for a Guilty Plea Undermine Proportionality in Sentencing and Should It Be Abolished?

A sentence reduction for a guilty plea is one of the most controversial issues of the sentencing process. Though, there are solid pragmatic reasons why criminal justice system wants to maintain the institution of guilty plea discount, still there is not even one clear criminological ground for punishing non-guilty pleaders more severely than those who plead guilty. Justification for reducing sentence on this basis lies outside any sentencing rationale and is said to be the effective administration of justice. This paper critically evaluates the issue whether reductions for a guilty plea undermine proportionality in sentencing and should it be abolished or not.

Entre la igualdad y la gobernabilidad: los motivos de la supresión del fuero eclesiástico

Este ensayo analiza los principales motivos de la supresión del fuero eclesiástico en 1855, considerando no solamente el debate ideológico sobre la incompatibilidad de los fueros con el principio de igualdad ante la ley, sino, ante todo, la experiencia efectiva del régimen de privilegios jurisdiccionales durante la primera mitad del siglo XIX. La premisa central que guía este análisis es que el ataque a los fueros privilegiados debe analizarse en su contexto original, es decir, como parte de una reforma que buscaba crear las condiciones básicas para el ejercicio de la “potestad pública” en el ámbito jurisdiccional. Tras evidenciar las distintas maneras en que el fuero eclesiástico se había convertido en un obstáculo mayor para la pronta y eficaz administración de justicia, el ensayo concluye que la supresión de los fueros fue una respuesta impostergable a problemas heredados del orden colonial y, en esa medida, un remedio a la debilidad, ineficacia y escasa legitimidad del joven Estado mexicano.

Remarks documented on medico-legal examination forms on sexual abuse cases; are they properly comprehended by the police?

Introduction : Expert medical evidence is widely used in sexual abuse cases, but its contribution to the progress of legal cases is unclear. Poor understanding of the remarks given by the medical officers in a Medico Legal Examination Form (MLEF) in alleged sexual abuse cases by the police officers may affect effective administration of justice. Objective : This study is mainly aimed at assessing the degree of understanding by the police officers’ when reading three commonly expressed medico-legal remarks in cases of alleged sexual abuse. Secondly, to identify the areas of poor understanding, for which interventions need to be carried out. Study Design : Cross sectional descriptive study was conducted among 64 police officers, in the rank of police constables and sergeants from western province, who are attending to routine work of a police station (criminal investigations, children and women’s desk and traffic unit). Data collection was done by self administered questionnaire after a briefing regarding the study and instructions on how to fill the questionnaire. Results : 72% of the officers believed that they understood the statements written on Medico-Legal Examination Form (MLEF) when it is in native language while only 32% believed so for statements in English. However the analysis of the correct responses revealed that only 28.9% of officers understood the exact meaning in native language while it was 10.4% for English. The understanding about the statement on absence of medical evidence to confirm or exclude the allegation when given in Sinhala was 26.6% while it was 10.9% in English. The statement on evidence of vaginal penetration has been correctly understood by 20.3% in Sinhala while it is 7.8 % in English. Conclusion: Statements made in native language are approximately three times better understood than the ones made in English. However, overall understanding of the remarks made by doctors was very poor. It is high time we take necessary actions to intervene if our goal is effective administration of justice. Medico-Legal Journal of Sri Lanka 2013; 1(2) : 23-28

When Legal Representation is Deficient: The Challenge of Immigration Cases for the Courts

When the quality of lawyering is inadequate, courts are frustrated in their adjudicative role. Nowhere is this more apparent than in cases involving immigrants hoping to fend off deportation. As an appellate judge on a court whose immigration docket reached 40 percent of our caseload, I have too often seen deficient legal representation of immigrants. Although courts are reactive, resolving cases before them, judges can systematically promote the fair and effective administration of justice. With the aid of some outstanding legal talent, I created the Study Group on Immigrant Representation to help address the immigrant representation crisis. Our work has encompassed a variety of activities, including: publishing symposia; conducting studies documenting the enormity of the problem and proposing solutions; creating initiatives to expand pro bono representation; facilitating the first local government funding of direct immigrant legal services; creating legal orientation programs for immigrants; and developing the Immigrant Justice Corps, an innovative fellowship program. These initiatives represent some steps towards easing the crisis in immigrant legal representation.

El neoconstitucionalismo principialista en la Asamblea Nacional Constituyente de 1991

A partir de una observación a la enseñanza y práctica del derecho, se advierte que aún no se ha desarrollado una teoría de principios acorde al contexto nacional. Un sector de la doctrina los asume como principal paradigma normativo, con funciones políticas (criterios de legitimación racional), axiológicas (concreción de valores) y jurídicas (criterios de validez material); otro, indica que son criterios auxiliares de la actividad judicial. Esa confusión repercute negativamente en el razonamiento jurídico requerido, para una recta y eficaz administración de justicia en el marco del Estado social, y justifica un estudio detallado de la noción de principios asumida por la Asamblea Nacional Constituyente de Colombia de 1991. De otro lado, la escasa doctrina nacional se ha limitado, en términos generales, a reproducir las ideas de importantes filósofos del derecho escritas al margen de los requerimientos que impone el modelo político colombiano. Confusión y descontextualización justifican el objetivo principal de este artículo: facilitar la comprensión de la naturaleza y funciones de los principios jurídicos en nuestro Estado social de derecho a través de la indagación de la voluntad del constituyente. Esto ayudará a superar la contradictoria jurisprudencia sobre el tema y la errada comprensión que se ha tenido del artículo 230 de la Constitución Política. Para lograr ese propósito, se acudió a un método de investigación documental de las gacetas de la Asamblea Nacional Constituyente de 1991, los rollos de microfilmación que reposan en el Archivo General de la Nación y a entrevistas realizadas a algunos ex constituyentes.

Desmitificando la apelación en el sistema judicial colombiano

The effects of the judicial appeal process in the Colombian legal system have not been thoroughly analyzed. Using an economic approach that conceives the judge as a rational agent and takes into account the system's institutional structure, this paper uses game theory to create different models that predict the judges' decisions when appealing is possible. These are later contrasted with the results of a series of interviews with civil judges to confirm the robustness of their theoretical predictions. Finally, based on this analysis, a set of public policy alternatives is suggested in order to enhance the efficiency of the judicial system as a whole while maintaining a fair and effective administration of justice.

Comments on the Court of Justice of the EU's Developing Case Law on Asylum

The Briefing Note for the tripartite meeting1 lists three points of reference: legal certainty, effective administration of justice and the integrity of all three judiciary levels. In my response to the subject presented by Judge Larsen I will focus mainly on legal certainty, but I will not leave untouched the effectiveness and integrity of judicial dialogue in the light of the Charter of Fundamental Rights of the EU (the Charter)2 and cases that raise cross-cutting issues between the Court of Justice of the EU (CJEU) and the European Court of Human rights (ECtHR). My response is a contemplation of the impact that leading argumentations of the CJEU might have on national judges – on their attitude to referrals, how or how not to refer questions for preliminary ruling. The Elgafaji case is an example of convergence between the case law of the ECtHR and the CJEU in relation...

Urban Governance and Emergent Forms of Legal Pluralism in Mumbai

The little discussed forms of legal pluralism that emerge within the effective administration of justice and entitlements by state and non-state agencies have long determined the operative legal order of (urban) India. They are considered here in relation to the ‘selective state’, characterised by the formal and informal devolution of judicial competences of the state to alternative organisations. The merger of devolution and appropriation gives rise to new forms of legal pluralism, illustrated in Mumbai by the Shiv Sena, a regional political party of the Hindu Right.The Shiv Sena has established local party offices, the Shakhas, in every part of Mumbai as well as in most towns and villages of the state of Maharashtra. The Shakhas offer numerous local services, performing distributive and productive tasks which involve the organisation of allocation. The Shiv Sena also through the Shakhas explicitly takes on regulatory functions in many matters, most clearly in their administration of local disputes. An informal system of ‘courts’ within the Shakhas deals with disputes relating to everyday living in the city, including civil as well as criminal matters, and often also administrative regulation. Judgments are swiftly enforced, by violence if necessary. Rulings are said to be guided by ‘common sense’, this notion involving implicitly the Shiv Sena’s notions of the proper order, but being also intricately linked to local social relations. The Shiv Sena’s courts are justified on grounds of accessibility and efficiency, supporting the party’s general claim to fulfil state tasks better than the state itself. However, the operative legal order thus established is not hegemonic. It is constantly open to adaptations and changes that result from plural pressures and the competitive normative offers of various actors in the field of adjudication, and thus sways between phases of monopolisation and dominance and phases of pluralisation and adaptation. In the daily practice of the Shiv Sena issues such as those of women’s rights are often dealt with in contradictory ways, differing from one Shakha to the other, as well as depending on the specific local constellation and demands.The Shiv Sena has achieved a relatively high degree of institutional incorporation into state modes of governance. Its interpretations and enactments of law are (re-) introduced into the practices of state agencies, and its institutional integration with some state agencies is one of various degrees of cooperation and complementarity, and thus of mutual interdependence. The case of the Shiv Sena suggests a question as to the interaction between state and non-state legal orders. In studies of legal pluralism, while non-state legal orders are said to be semi-autonomous, state law is often treated as autonomous, as shaping but not as being shaped. In Mumbai state law is constitutive of the rules of the game, but seems also to be fundamentally transformed by the productions of legal order in the interactions of various actors involved in the administration of law and order, resulting in what is a relatively integrated operative legal order. The case sheds light on the complex matters of the use and transformation of law and the precariousness of power relations. It suggests that in India the emergence of the dominance of local governance by organisations like the Shiv Sena, ensues from a merger of cunning devolution by the state and forceful appropriation by local organisations.

Admitting and Evaluating Evidence in the International Criminal Tribunal for the Former Yugoslavia Appeals Chamber Proceedings. A Few Remarks

This article analyses the requirements when the ICTY Appeals Chamber may overturn factual findings made by a Trial Chamber and may admit fresh evidence. The conclusion is that the Appeals Chamber should overturn factual findings only when strong reasons so indicate, since trial transcripts cannot provide the same information as did live impressions from the proceedings when the Trial Chamber reached its findings. Fresh evidence should be admitted exceptionally; otherwise the control (corrective) function of the ICTY Appeals Chamber could be weakened, endangering the division of tasks in the court organisation, the effective administration of justice and a final hearing within a reasonable time.

Towards the Harmonization of International Arbitration Rules: Comparative Analysis of the Rules of the ICC, AAA, LCIA and CIETAC

OVER THE past 20 years, the well-established arbitral institutions worldwide have all experienced significant growth in their activity. This growth has brought with it new challenges which each institution has had to address in its own way. In many instances, this experience has brought to light improvements which could be made in each institution's arbitration rules in order to achieve better and more effective administration of justice. The major arbitral institutions have responded well to this challenge, adapting their rules to suit the ever-evolving needs of international commerce. For example, the International Chamber of Commerce (the ICC), the American Arbitration Association (the AAA), the London Court of International Arbitration (the LCIA) and the China International Economic and Trade Arbitration Commission (CIETAC) have each amended their arbitration rules within the last three years.1 Given that the requirements of businesses – and thus potential litigants – are the same the world over, it is perhaps unsurprising that, with each successive modification, the arbitration rules of each of these institutions have become increasingly harmonized. Paradoxically, the steady harmonization of these institutional rules has not done away wim the need to consider which of them to adopt in a particular contract. Although the rules of the above institutions are now broadly similar, important differences remain. Parties must still consider whether, in light of their particular needs, one institution offers more suitable services than another. The recent amendments to the rules of the ICC, the AAA, the LCIA and CIETAC could be broadly characterized as having the following objectives: (i) promoting the effective institutional oversight of the arbitration; (ii) accelerating arbitral proceedings; (iii) emphasizing the autonomy of the parties; and (iv) recognizing the transnational character of international arbitration. The major developments with respect to each of these objectives are discussed in turn infra. Where …

James Henryson and the Origins of the Office of King's Advocate in Scotland

Apart from the forfeiture of the lord of the Isles in 1493, little was added to the royal demesne during the reign of James IV.1 On the other hand the reign has been associated with fiscal and legal developments designed to strengthen royal authority while, at the same time, maximis ing revenue not only from crown lands but also from the more effective administration of justice. In the sphere of criminal jurisdiction, this is clear from the energy with which justice-ayres were undertaken.2 Where the administration of civil justice was concerned, the judicial council underwent significant development. Although there was much continu ity in terms of personnel from the reign of James III, the 1490s and early 1500s were marked by changes and improvements to the procedures followed by litigants before the council.3 Much legislation was directed to this area, including the well-known act of 1496 concerning the education of barons' eldest sons, who were to learn Latin before attending the 'sculis of art and Jure' so that they might attain knowledge of the law to the benefit of the administration of justice within the realm.4 Such devel opments have been connected with the growth of lay lawyers in fifteenth-century Scotland.5 In particular, notice has been taken of the increasing number of secular lawyers practising before the lords of council in the 1490s.6 It has also been argued that the experiments made to improve administration, and the increasing professionalisation of the judiciary, always remained subordinate to James IV's policy aims and personal interests.7 Consideration of the office of king's advocate, firmly established by 1513, sheds a good deal of light on these various themes. The main aim of what follows, therefore, is to investigate the origins of

Using Liberalisation for Efficient and Effective Administration of Justice

Using Liberalisation for Efficient and Effective Administration of Justice

The jurisdictional scope of Soviet criminal law: Ideological and policy determinants

How WIDELY OR NARROWLY a regime chooses to stretch the limits of its criminal law mandate says much about its outlook on the international environment and what deference it elects to afford the claim here staked out by other members of the world community. A status quo minded leadership will tend to play the game conservatively in the sense of asking for itself the same array of rights and immunities that it is prepared to grant the rest of the company. By contrast, a radical entrant is apt to behave confrontationally and strive to indulge his own preferences at the expense of the treatment to which his fellow states think they are equally entitled. The Soviet record in this matter attracts attention for three reasons. First, the performance offers a classic example of how the ebb and flow of revolutionary fervour found reflection in the successive modes of drawing the boundaries of the nation's criminal law beat. Second, the Soviet Union and its self-appointed heirs have in recent years evinced a growing interest in entering into cooperative ventures with other states for the purposes of mutual procurement of legal assistance. In the field of criminal law, these projects entail, inter alia, traffic in criminal offenders with the object of furthering the effective administration of justice by the parties. The format of rendition services sought and supplied between states is expected to match the compass of the jurisdictional writ fixed by the respective domestic legal canon. A state does not ordinarily bother to bid for the extradition of an individual if, once in possession of the de cuius, the workings of its own law estop the latter's prosecution. Nothing would be accomplished by the exercise, except, of course, waste of time, energy and money. By the same token, the decision to surrender an alleged malefactor to another state is substantively affected by whether or not the person can be tried by the host state and that opportunity, too, hinges on the designated contours of the local legal system's theatre of operations. Third, the constitutional crisis which brought the USSR to an end has set the stage for an overhaul of the old pattern of relations between the constituent republics and the topic of how they will divide the estate and each then propose to run its share of the business among themselves and in the global marketplace ranks high on their current agenda.

The Work of the Legal Resources Centre in South Africa in the Area of Human Rights Promotion and Protection

The Legal Resources Centre (LRC) is a non-profit-making law centre. Its aims are to encourage belief in the value of law as an instrument of justice and to give practical effect to this goal by providing legal and educational services in the public interest. It is controlled and funded by the Legal Resources Trust (LRT) which is a South African charitable and educational trust registered under the Fundraising Act. It is supported by development agencies, corporations, charitable foundations and concerned individuals. The trustees include judges, senior advocates and attorneys. For the fiscal year April 1990 to March 1991 the trustees of the LRT approved a budget of R8.5 million for the work of the LRC's offices.The LRC was established after nation-wide consultations on the desirability of a legal resources centre produced positive feedback from a wide range of constituencies, and it became operational at the beginning of 1979. It seeks to fulfil the following purposes:(a) To provide legal representation for litigants in any court of law, tribunal or body before whom a party may be represented by counsel or attorney.(b) To conduct a programme in legal education and conduct seminars of educational value.(c) To engage in research in legal areas including all matters relevant to the effective administration of justice.(d) To publish the results of any research undertaken by it, and any material relevant to its objects.