Title: WHAT ENSURES EFFECTIVE STATE-FUNDED LEGAL AID SYSTEM? (A guide for the reform of the current state-funded Legal Aid System in Jamaica)
Abstract: Justice transcends the boundaries of a single legal system. 2 It is more than a sector, even more than a power; it is a virtue. 3 The rule of law, a phrase frequently used, but little explained or understood guarantees that no one is above the law, which should be accessible to all. The right to access to justice, conceived as both a means and an end to justice, is one of the most important human rights. Access to legal assistance affects an individual’s fundamental right to fair trial, a right which should be afforded even to the poor and vulnerable and be respected, supported and enforced. Effective legal aid has undoubtedly been deemed one of the most important aspects of access to justice. Without access to the means of enforcing one’s legal rights, those rights are meaningless. The recent economic downturn on world markets exacerbates the problem of state-financed legal aid, especially in developing countries or countries in economic transition. Public officials, rule of law and development advocates are therefore propelled to implement new strategies to ensure that despite the economic challenge, this very important rule of law guarantee is not sacrificed. This paper primarily explores the novel issue of what actually drives or ensures effective state-funded legal aid system. The writer embarks on a comparative, historical, theoretical and qualitative study; the main methodology of research being desk-review. The researcher however utilises some qualitative research methods to supplement same. He also proffers arguments as to why there are several common law jurisdictions, such as Jamaica, Uganda, New Zealand, Canada, Australia and the United Kingdom, whose legal aid systems comprise more or less, the same components that are deemed ‘necessary’ for effectiveness, yet some are effective and others not. Through the cross-jurisdictional comparisons, the hypothesis is tested and proven that, it is accepted that the fundamental right to fair trial is affected by access to justice, facilitated not only by an accessible legal aid system, but by an effective one that is based on the quality aid provided and the resulting client satisfaction. However, while the components of a state-funded legal aid system are an indicator of its effectiveness, it is the treatment and/or interplay of these ‘necessary’ components that really ensures or drives its effectiveness. A central reasoning is that the extent to which legality is valued, facilitated and guaranteed by the treatment of the necessary components is a determinant of whether the said components work to make legal aid systems effective. The greater the level or value of predictability and accountability that the treatment of the seven (7) components in the legal aid system allows, is the greater the level of legality and effectiveness. In treating with the components, there is a clear underpinning tri-dimensional conceptual appreciation of the norms, capacities and interests and their interconnectedness, tension and compromise. The point is made that effectiveness of law, being a cognitive institution, requires that the legal aid system is sustainable and demand-oriented, being targeted at the needs of the most needy “rights-holders” and constantly being monitored and evaluated, albeit avoiding bureaucracy. The service should be comparable to paid legal services and be aimed at client-satisfaction or high clients’ approval. Where possible, it should facilitate diversion from litigation to alternative dispute resolution, to save the strain on public funds. 1 Attorney-at-Law, Jamaica; Rule of Law and Development Advisor, LL.B. (Hons.) UWI, C.L.E., LL.M.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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Cited By Count: 1
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