Access to justice as a principle of the rule of law
|
StatusThe thesis was presented on the 23 December, 2006Approved by NCAA on the 19 April, 2007 Abstract – 0.35 Mb / in romanianThesisCZU 340.12:659.2 (043)
|
Keywords
rule of law, principles of rule of law, access to justice, social justice, mission of justice, justice system, justice enforcement, independence of justice, international standards in the field of access to justice, indicators of the access to justice, the quality of justice, judicial system, justice administration, legal assistance, paralegal, National Council for State Granted Legal Assistance, public defender, fair trial, separation of powers, barriers of access to justice, population's trust in justice, public interest litigation, alternative means for solving litigations, reform of justiceSummary
The present scientific research has a novel approach of the access to justice issue, not only from the viewpoint of the functionality of the justice mechanism, but from the perspective of the persons involved as well: what are the needs of the justice, what is the response of the justice mechanism to these needs. The main objective of the investigation is the use of the legal - philosophical heritage, historical expertise, international legal framework and the best practices in the given field in order to outline a fair, efficient and nondiscriminatory model of access to justice oriented towards the needs of the persons in the context of the rule of law.
In the present work the investigation of the access to justice subject matter as a principle of the rule of law is carried out by means of researching not only the procedural implications, but as well as the functional, organizational and economical ones in order to determine the criteria of accessibility to justice. The object of the given scientific research is the access to justice principle – a principle of the rule of law, the field of research being approached from the synthesizing perspective of the theory of the state and law in order to emphasize the interests of the persons, their aspiration towards justice, notwithstanding the branch in which the litigation is solved and the cause is judged thus outlining the role of justice in the human rights protection in the context of the rule of law. The disclosure of the significance of this principle and of the value of its elements, the diachronic analysis (throughout the historical periods), as well as the synchronic one (from the viewpoint of comparative law for the period of developing the rule of law) is carried out in the favorable context of the general theory of law.
The starting point in the elaboration of the research have been the works of the national and foreign scholars in the related fields as well as the judicial organization, the independence of justice, the phenomenon of justice through the viewpoint of its essence, the distinctiveness and the quality of the act of justice.
The act of giving a whole new dimension to a system implies fundamental scientific analysis of the issues, the context and of their systemic interferences, the drafting of solutions and the assessment of the eventual impact of some new models and mechanisms on the social order and harmony. The work complements a void area by means of complexity, scientific innovation and the methodological diversity of the research, theoretical conclusions and practical recommendations, it is useful for the didactic – scientific process and is applicable in the context of the legal practice.
Oficial Reviewers
- Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova - Ioan Humă
doctor în drept, profesor universitar, Universitatea „Danubius”, Galaţi, România
Theses
Under consideration [1] :
Theses Archive:
