Ellie Palmer, Tom Cornford, Audrey Guinchard and Yseult Marique (eds), Access to Justice: Beyond the Policies and Politics of Austerity
| Author | |
| Pages | 129-131 |
| DOI | 10.3366/elr.2017.0398 |
| Date | 01 January 2017 |
| Published date | 01 January 2017 |
In the foreword to this collection of chapters on the recurrently topical issue of access to justice, the Rt Hon Sir Stephen Sedley wonders whether it is too much to hope that the Secretary of State for Justice will read it. That might be optimistic, but there is much in this book that deserves a wide readership.
The introduction falls into that category, explaining the series of seminars the collection was based on and how this welcome mix of commentary drawn from English, Scots and French academics and practitioners came about. The backdrop to the book is also explained, with particular reference to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 applicable in England and Wales and other Conservative/Liberal Democrat Coalition Government measures that have affected individuals faced with legal problems. The rationales for these measures are convincingly challenged even in this short introduction, drawing on “solid evidence-based research” (3) and “the Government's
The book then splits into three parts. Part 1 builds on the scene-setting in the introduction; part 2 looks at challenges within specialist areas; part 3 sounds a more pragmatic note suggestive of a “we are where we are, so what now?” mindset.
Like the introduction, the four chapters that make up part 1 also rank highly as recommended reading. That part begins with a view from the (English and Welsh) Law Society, from the vantage point of past-president Andrew Caplen. Although Caplen's chapter is a little under-referenced for an academic text at times, it does make many pertinent points, not least in its arguments against compulsory
Tom Cornford then adds some detailed analysis in his chapter on “The Meaning of Access to Justice”. The introduction had already made clear that the “broadest” definition of access to justice was adopted in the preparation of the text, which Cornford then develops by noting access to justice “entails a right of equal access to legal assistance for every citizen”: this is not the parody of “how much justice can you afford?” which was used in a JB Handelsman cartoon. Cornford also explains why a definition is necessary in the first place, and that the “justice” in access to justice should be taken to mean legal justice as opposed to justice more generally, i.e. a civil rather than a social right.
Albert Weale contributes a provocative chapter comparing health...
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