
Contents
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I. Introduction: Defining the Question I. Introduction: Defining the Question
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II. Empirical Research on Access to Justice—from Data Collection to Analysis II. Empirical Research on Access to Justice—from Data Collection to Analysis
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A. Generating and accessing data and data sets A. Generating and accessing data and data sets
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B. International projects B. International projects
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1. The World Bank's Justice for the Poor (J4P) Program 1. The World Bank's Justice for the Poor (J4P) Program
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2. UNDP Commission on Legal Empowerment of the Poor 2. UNDP Commission on Legal Empowerment of the Poor
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3. The Tilburg Microjustice Initiative 3. The Tilburg Microjustice Initiative
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C. National surveys C. National surveys
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1. Australia 1. Australia
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2. Canada 2. Canada
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3. France, Germany, Italy, the Netherlands 3. France, Germany, Italy, the Netherlands
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4. United Kingdom 4. United Kingdom
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5. United States of America 5. United States of America
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6. Other countries 6. Other countries
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D. Evaluation of international and national data collection projects D. Evaluation of international and national data collection projects
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III. Delimiting the Research Terrain: Waves in Access to Justice Thinking III. Delimiting the Research Terrain: Waves in Access to Justice Thinking
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A. Wave 1: Accessing the official system—lawyers and courts A. Wave 1: Accessing the official system—lawyers and courts
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B. Wave 2: Improving the official system—redesigning state institutions B. Wave 2: Improving the official system—redesigning state institutions
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C. Wave 3: Demystifying official law—alternatives to state institutions C. Wave 3: Demystifying official law—alternatives to state institutions
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D. Wave 4: Preventative law—proactive access to justice D. Wave 4: Preventative law—proactive access to justice
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E. Wave 5: Making and administering law—holistic access to justice E. Wave 5: Making and administering law—holistic access to justice
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F. Where to next? Constraints on supply-side empirical research F. Where to next? Constraints on supply-side empirical research
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IV. Organizing Inquiry: Barriers to Access as Factors of Exclusion IV. Organizing Inquiry: Barriers to Access as Factors of Exclusion
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A. Physical, temporal, and material barriers A. Physical, temporal, and material barriers
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B. Objective barriers: cost, delays, and complexity B. Objective barriers: cost, delays, and complexity
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C. Process barriers: system design C. Process barriers: system design
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D. Socio-cultural barriers: immigrants and indigenous peoples D. Socio-cultural barriers: immigrants and indigenous peoples
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E. Barriers linked to physical or mental health E. Barriers linked to physical or mental health
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F. Poverty barriers and the middle class F. Poverty barriers and the middle class
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G. Users or justice seekers? Implications for demand-side empirical research G. Users or justice seekers? Implications for demand-side empirical research
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V. Conclusion: Whose Access? Which Justice? V. Conclusion: Whose Access? Which Justice?
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References References
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22 Access to Civil Justice
Get accessRoderick Macdonald is FR Scott Professor of Constitutional and Public Law at McGill University.
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Published:18 September 2012
Cite
Abstract
This article discusses the process of empirical research on access to justice, explaining the procedure from data collection to analysis. Research into access to justice finds ways to render civil justice to citizens equitably. Reliable, non-anecdotal data is a prerequisite for useful empirical research into access to justice. Three international initiatives illustrate the reflection of access to justice in research projects. They are, the World Bank's Justice for the Poor Program, UNDP Commission on Legal Empowerment of the Poor, and the Tilburg Microjustice Initiative. The most comprehensive empirical projects on access to justice are those sponsored at the national or sub-national level. Non-governmental drivers of broad-based data collection are other legal actors. This article discusses examples of data collection and evaluation in countries where research has generated data on civil justice. Finally, this article discusses barriers to access to justice, which cause exclusion.
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