6
have written. Governments have attempted to deal with this in many ways, and the
catchcry is always accessibility in both of the meanings with which I began: make
justice easier to access, simpler to comprehend, quicker to deliver, and more certain;
but also, involve us in the process by which this reform is achieved. They want to
be certain that we understand exactly what their frustrations with current legal
processes are, and they also fear that, sitting down to consider how to reduce nine
points of the law to five, we will, like the lawyers in Jarndyce v. Jarndyce, come up
with fifteen. We must accept, I believe, this challenge: to involve citizens both in the
reconsideration of areas of concern in law, and in the process by which we work
towards suggested reforms.
We must begin, I suggest, by acknowledging that few law reform bodies have been at
the forefront of the rush to use the technological revolution of the last decade as a tool
for engagement, consultation, feedback, and review. It is instructive to compare our
reliance on traditional methods of considering changes to the law reference,
research, discussion paper, and orthodox forms of public consultation leading to a
report to the Attorney-General with the innovations of the other arms of
government, particularly the very parliaments which we rely on to give ultimate effect
to our proposals. In Britain, an eDemocracy programme has been inspired by the
work of Professor Stephen Coleman of the Oxford Internet Institute at Oxford
University. A website about its work6 highlights the following statement:
Public cynicism about the House of Commons is a serious problem
and we need more effective institutions in a world where power has
passed increasingly to those we do not elect and cannot remove. If
democracy is to survive and develop we shall have to start again at
the grass roots and make those in power listen, for political
management is not the same as political representation.
These ideas have led to the setting up of interactive community consultation websites
such as www.communitypeople.net.
In Australia, initiatives have been undertaken by parliaments to increase civic
engagement and social capital reflecting the view expressed by Walter Bagehot in the
6
www.hansardsociety.org.uk\node\biew\130 visited 31/3/2004.