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Full-Text Articles in Law
Into The "Vortex Of Legal Precision": Access To Justice, Complexity, And The Canadian Tax System, Colin Jackson
Into The "Vortex Of Legal Precision": Access To Justice, Complexity, And The Canadian Tax System, Colin Jackson
PhD Dissertations
This thesis is an exploration of access to justice issues in the Canadian tax system. Drawing on the work of Roderick Macdonald, it argues for a broad conception of access to justice based on the empowerment of individuals in all of the sites, processes, institutions where law is made, administered, and applied. It argues that tax law shows the usefulness of this comprehensive approach to access to justice. Using the comprehensive approach to access to justice, the thesis goes on to argue that legal complexity should be seen as an important access to justice issue in tax law. It lays …
Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch
Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch
PhD Dissertations
Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.
The plight of self-represented litigants (SRLs) offers a revealing glimpse into …
Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher
Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher
PhD Dissertations
This dissertation examines the role of law as a tool in struggles against social inequalities, by tracing the history of Ontario’s human rights legislation and enforcement from the enactment of fair practices statutes in the 1950s through the restructuring of the enforcement regime in 2006. Ontario was the first Canadian province to pass anti-discrimination legislation and to establish a human rights commission enforcement process. This legislation and the commission enforcement process were the models for all other Canadian jurisdictions.
The dissertation approaches the role of law through the framework of tensions between the “aspirations” and the “practices” of law. On …