Administrative Justice System Design Flashcards

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1
Q

Asylum appeal procedure

A
  • now lodge appeal online
  • Home Office uploads evidence and reasons
  • Appellant uploads all evidence
  • Case management by legal officer
  • HO reviews the decision
  • Appeal listed for hearing
  • idea is that it all is done online so nothing gets lost
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2
Q

I, Daniel Blake

A
  • illistrates what happens to people who are digitally excluded
  • lead character has no experience using the internet
  • all of this added to his mental health unwellness that went ontop of his physical unwellness
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3
Q

Disadvantages of digital

A
  • Trust and fear
  • Takes longer online
  • loss of non-verbal communication.
  • Loss of connection (to hearing or appointment)
  • Loss of the face to face element – are witnesses less compelling?
  • Losing touch with certain client groups during covid
  • Court closures – now much further to a physical court.
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4
Q

Impact on court users in terms of court closures

A

concerned that court closures could have a negative impact on court users, including those:
- from low income households
- with disabilities or mobility issues
- with children or caring responsibilities
- from rural areas or without access to a car
- who own a business - longer travel times may mean extra costs, such as overtime pay for staff
- who rely on an interpreter - they’re not paid for their travel time so may be less willing to attend court

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5
Q

Two broad views by tomlinson on digitalization

A
  1. Justice is enhanced:
    - Quick resolution of simple cases;
    - Less stress, cost and delay;
    - Easier to submit and manage evidence;
    - Easier communication between the parties;
    - More flexible deployment of judges;
    - Redesign offers opportunity to reduce complexity.
  2. Justice is weakened:
    - Online hearings are less effective;
    - Lower success rate (if they reflect the pattern for paper hearings);
    - Harder to participate in remote hearings;
    - Multiple visits to assisted digital centres;
    - Digital assistance as potentially unregulated legal advice;
    - Further to travel for in-person hearings;
    - Use of gov.uk website appearing less independent
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6
Q

What about algorithms?

A
  • supposed to predict certain groups being more targeted or more overpoliced
  • ‘predictive policing’
  • ‘visa streaming’
    decide who to investigate
  • facial recognition tools
  • government digital service are expanding
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7
Q

What is access to justice in administrative law? What are the 2 approaches?

A
  • some say that it is the most basic part of a legal system that guarantees the legal rights of all.
    1. Narrow
  • people are legally able to access but do not access in the same way
    2. Broader
  • people can use the remedies in practice without experiencing difficulty
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8
Q

What is Justice and What is Access?

A

What is justice?
- Timely
- Affordable
- Reasonable distance
- Understandable
What is access?
- Effective remedy
- Fair trial/accountability?
- Fair outcome??
- Equality??
- Legal advice, legal aid, legal representation;
- Access to courts, procedures

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9
Q

Can define Access to Justice in 2 ways:

A

Descriptive
- Describes what it is:
–> ‘the extent to which citizens are able to gain access to the legal services
necessary to protect and vindicate their legal rights’
Normative
- Sets out how it should be:
–> ‘Every citizen should be equally able to protect their legal rights.

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10
Q

Steel and Morris v UK 2005

A
  • group of people handed out fllyers criticising mcdonalds
  • mcdonalds sued people who criticised it
  • many would apologise but
    steel decided they werent going to apologize and go through with the libel claim
  • turned into the longest civil trial in english civil history
  • public relation disaster for McDonald’s because some allocation were proved to be true
  • no legal aid for defamation, steel and morris couldnt afford it so they represented themselves for 2 1/2 years in court
  • had some pro bono help but majority of legal issueing was on themselves
  • went to court for the lack of legal aid going against ECHR especially when compared to the mcdonalds legal aid
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11
Q

Immigration offices 2018-2024

A

Drops in 2018, goes up a bit in 2023 and then heads back down

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12
Q

Housing offices 2018-2024

A

Drops in 2018, goes up a bit in 2023 and then heads back down

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13
Q

Welfare benefit offices 2018-2024

A

linear downard trend

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14
Q

System fragmentation

A
  • Increasing complexity of law – changing legal provisions, proliferating case law;
  • Fewer legal aid providers taking a narrower range of cases → spillover of need;
  • Fewer non-lawyer advice services because of austerity;
  • But still an assumption that citizens can use the remedies themselves.
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15
Q

Access to courts: aarhus convention

A
  • an environmental agreement between different states where if a case like judicial review is to do with environmental protection then you can have a cost limitation so you can have protection against the other sides costs
  • Links environmental rights and human rights
  • Links government accountability and environmental protection
  • Acknowledges that we owe an obligation to future generations
  • Establishes that sustainable development can be achieved only through the involvement of all stakeholders
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16
Q

Access to courts: time limits

A
  • normal rule is you have 3 months to apply for JR
  • government decided to reduce the time limit planning judicial authorities to 6 weeks
  • supposed to mean that there would be fewer JR because people had less time to lodge them
  • but it actually increased the number of judicial reviews
  • because since there was little time available for negotiating, finding a lawyer, finding out legal rights, etc
  • they instead wiuld lodge their judicial case straight away to protect their position and avoid negotiation