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Academic literature on the topic 'Formal Justice Systems'

Author: Grafiati
Published: 4 June 2021
Last updated: 12 February 2022

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Journal articles on the topic "Formal Justice Systems"

1

Ahmad, Jawad, and Georg Von Wangenheim. "Access to justice: An evaluation of the informal justice systems." Liberal Arts and Social Sciences International Journal (LASSIJ) 5, no. 1 (2021): 228–44. http://dx.doi.org/10.47264/idea.lassij/5.1.16.

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The judicial system of any state can be divided as formal and informal, where the formal is under the state (official) and informal may or may not be under the domain of the state (informal justice system). Since both systems provide access to justice, however, the informal system is viewed as a threat to formal justice system. In this context we need to better understand the role played by informal justices system. We have focused on three fundamental issues, first to evaluate the role of the alternate and informal justice system to improve access to justice. Second, we listed weaknesses in informal justice systems that gives us an insight into our third goal of suggesting a framework for engaging informal justice system and improved on its shortcomings which can be helpful in supporting or reducing the burden on the formal system. Because of the absence of relevant literature, we resorted to empirical reports and case studies on other developing countries’ to present our arguments. We showed that informal system is playing a positive role in the society and there is a need to reform the system especially for its negative traits, e.g., human rights.
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2

Wourji, Tsehai Wada. "Coexistence between the Formal and Informal Justice Systems in Ethiopia: Challenges and Prospects." African Journal of Legal Studies 5, no. 3 (2012): 269–93. http://dx.doi.org/10.1163/17087384-12342012.

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Abstract Though Ethiopia has never been colonized, the voluntary importation of European laws and the exercise in nation building has resulted in a situation whereby the formal and informal legal systems have to coexist in harmony or disharmony. Both systems are extant, though the future appears to be favourable for the prevalence of the formal system. This article argues that the informal system is showing signs of irrelevance and may be prevailed by the formal. It also counsels that the formal system should be helped to cleanse itself from the many shortcomings that are challenging its relevance and legitimacy.
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3

Rodríguez-Izquierdo Serrano, Miryam. "La posición de las sentencias del tribunal de justicia de la Unión Europea en el sistema constitucional de fuentes." Teoría y Realidad Constitucional, no. 39 (January 1, 2017): 483. http://dx.doi.org/10.5944/trc.39.2017.19163.

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Este artículo propone un análisis sistemático de la posición de las sentencias del Tribunal de Justicia en el sistema constitucional de fuentes. El análisis parte de dos premisas: la primera es la de que los órdenes normativos supranacional y estatal tienen autonomía formal, pero no material; la segunda es que la integración del Derecho de la Unión en el ordenamiento estatal no puede explicarse sin la jurisprudencia del Tribunal de Justicia. Se describen los efectos de las sentencias del juez europeo en el orden supranacional, para luego ver cómo se transfieren al sistema de fuentes estatal, teniendo en cuenta la función integradora de la Constitución tanto en el plano interior como en el exterior.This article is a review of the different kind of rulings made by the European Court of Justice, in order to find their function and position in the Spanish Law system. The analysis is made under two assumptions: the first one about the formal autonomy but material dependency between EU and Spanish law systems; the second one is that the European Court of Justice case law rules over the interaction between both systems. Formal and substantive effects of ECJ rulings over both systems are described and analysed, considering the integrating role of the Spanish Constitution.
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4

Reinke, Amanda J. "Applied Anthropology in Juridical Grey Spaces." Anthropology in Action 26, no. 2 (2019): 1–8. http://dx.doi.org/10.3167/aia.2019.260201.

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Informal justice refers to those legal practices that are traditionally outside the purview of formal law and legal systems. Since the advent of widespread social critique in the United States during the 1960s and 1970s, informal justice models have become increasingly popular and implemented in communities and within the legal system itself. The existence of informal justice mechanisms alongside and within formal justice systems in the US raises a number of questions for applied anthropologists interested in legal anthropology. In this article, I leverage four years of ethnographic fieldwork in the US to argue for the capacity of applied anthropologists to effectively work in grey juridical spaces that are beside and between the law, activism, and emerging bureaucratic regimes.
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5

Lee, Julak. "Formal Approaches in Controlling White Collar Crime: The Criminal Justice System and the Regulatory System." Journal of Public Administration and Governance 4, no. 4 (2015): 76. http://dx.doi.org/10.5296/jpag.v5i4.8604.

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Unlike ordinary street crime, there are two formal systems of controlling white-collar crime. These systems are the criminal justice system and the regulatory system. The criminal justice system controls white-collar crime by using criminal law whereas the regulatory system depends mainly on administrative law and uses various ways such as financial penalties, product recalls, and warnings to control white-collar crime. In this paper two formal justice systems of white collar crime have been discussed. Although the criminal justice system, which is the traditional means to control white-collar crime, can be a strong way to control white-collar crime, it has some limitations. That is, the criminal justice system is difficult to apply to the corporate world and it is the reactive response against white collar crime. In contrast, although the regulatory system is the weak way to control white-collar crime, it has some strength. That is, the regulatory system is a proactive response against white collar crime and it can apply to the corporate as well as natural persons. The characteristics of the regulatory system make it better equipped to situational crime prevention theory compared to the criminal justice system.
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6

de Souza, Siddharth Peter. "Evaluating ‘Access to Justice’ in Informal Justice Systems: A Suggestive Framework." Max Planck Yearbook of United Nations Law Online 19, no. 1 (2016): 469–504. http://dx.doi.org/10.1163/18757413-00190016.

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Establishing human rights benchmarks for a rigorous engagement with informal justice systems and plural legal orders has become a significant concern for the United Nations. Through resolutions of the General Assembly, attention has been drawn to ensuring that legal systems reflect cultural diversity and within the domain, especially of indigenous peoples’ rights, importance has been placed on securing and recognizing these distinct legal, socio-political, and cultural institutions because of their role as viable, accessible, affordable, and culturally relevant forms of dispute resolution. The UN Human Rights Committee has also observed that there should be interaction and reconciliation between formal and informal justice systems. This determination to engage with informal justice systems has also extended to the work of UN agencies such as UNDP, UN Women, and UNICEF who recognize that rule of law promotion must be responsive to the realities of countries where reform is to be undertaken, and should be carried out by focusing on developing bottom up approaches to reform. This paper responds to the increasing engagement with informal justice systems and a global audit culture by proposing a framework for evaluation that is reflective of these realities.
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7

Cugueró-Escofet, Natalia, and JosepMaria Rosanas. "Justice as a Crucial Formal and Informal Element of Management Control Systems." Ramon Llull Journal of Applied Ethics 3, no. 3 (2012): 155. http://dx.doi.org/10.4103/2013-8393.107307.

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8

Chui, Celia W. S., and Manuel Grieder. ""How formal justice systems and gender influence transgression, reporting, and helping behaviors"." Academy of Management Proceedings 2015, no. 1 (2015): 15840. http://dx.doi.org/10.5465/ambpp.2015.15840abstract.

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9

Haq, Md Nazmul, Jannatul Ferdous, and Rajib Chandra Das. "Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh." Journal of Governance and Social Policy 2, no. 1 (2021): 15–40. http://dx.doi.org/10.24815/gaspol.v2i1.20876.

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The structured legal system of Bangladesh is costly and takes a long time to complete. As a result, poor citizens in rural areas can seldom seek justice through the formal judicial process. The costs of hiring a lawyer, the time and money expended in court, and the amount of talent, schooling, and experience needed to litigate all act as roadblocks to justice. As a result, poor people prefer or have no choice but to use conventional justice systems such as Shalish. However, Shalish is a very informal type of local judicial practice that heavily influences rural society’s power structure. With time, people with special interests and musclemen dominate the informal justice system at the village level. Alternative dispute resolution (ADR) had arisen in the Indian subcontinent to improve the village justice system's condition. For the past 35 years, the state-led rural justice system, such as Shalish and village court, has played an essential role in resolving petty rural litigation, but at a sluggish and informal pace. In the evolving landscape of rustic political influence, this age-old court is having difficulty dispensing justice to the countryside citizens. The study looked at the existing rural informal justice systems in Bangladesh, especially the Union Parishad-led ADR, and argued that, if adequately enabled and revamped, this justice system could be a desirable alternative to the formal system of justice for people living in rural areas. The study aimed to recognize the obstacles that the Union Parishad faces in dispensing justice, both directly and indirectly (UP).
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10

Mahmood, Tahir, Sajjad Ali Khan, and Shahab Sarwar. "Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence." Lex localis - Journal of Local Self-Government 16, no. 4 (2018): 805–20. http://dx.doi.org/10.4335/16.4.805-820(2018).

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Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the provision of justice.
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