Author Description

Marginalized Communities And Access To Justice Is A Comparative Study Of The Imperatives And Constraints Of Access For A Number Of Marginalized Communities. A Central Feature Of The Rule Of Law Is The Equality Of All Before The Law. As An Aspect Of This Equality, All Persons Have The Right To The Protection Of Their Rights By The State, Particularly The Judiciary. These Studies - By Internationally Renowned Scholars And Practitioners - Examine The Role Of Courts And Similar Bodies In Administering The Laws That Relate To The Entitlements Of Marginalized Communities, And Address Individuals' And Organisations' Access To Institutions Of Justice: Primarily, But Not Exclusively, Courts. They Raise Broad Questions About The Commitment Of The State To Law And Human Rights As The Principal Framework For Policy And Executive Authority, As Well As The Impetus To Law Reform Through Litigation. Offering Insights Into The Difficulties Of Enforcing, And Indeed Into Issues Of The Will To Enforce, The Law This Book Thus Explores Fundamental Questions About The Value Of Engagement With The Formal Legal System For Marginalized Communities. -- Back Cover. The Rule Of Law And Access To Justice / Yash Ghai And Jill Cottrell -- Access To Justice: Lessons From South Africa's Land Reform Program / Geoff Budlender -- Access To Land And Justice: Anatomy Of A State Without The Rule Of Law / Yash Ghai -- The Movement Of Landless Rural Workers In Brazil And Their Struggles For Access To Law And Justice / Boaventura De Sousa Santos And Flávia Carlet -- Acess To Justice And Indigenous Peoples In Latin America / Julio Faundez -- Seeking Justice For The Historical Claims Of Indigenous People In Aotearoa New Zealand / David V. Williams -- Peasants' Struggle For Land In China / Eva Pils -- Honor And Violence Against Women In Pakistan / Hannah Irfan -- Peace Versus Justice In Northern Kenya: Dialectics Of State And Community Laws / Tanja Chopra -- The Opportunities And Challenges Of Using Public Interest Litigation To Secure Access To Justice For Roma In Central And Eastern Europe / James A. Goldston And Mirna Adjami -- Conclusion And Reflections / Yash Ghai And Jill Cottrell. Edited By Yash Ghai And Jill Cottrell. A Glasshouse Book. Includes Bibliographical References And Index.