5AJA C Repo rt, 7-9.
6Id, 2.
7Id, 3.
3
It may also, in a slightly wider sense, mean access to the courts generally and not
just the civil justice system. The Judge then goes on to say that the 1994 AJAC
Report5 took access to justice to mean 3 things: equality of access to legal services,
national equity, and equality before the law, meaning the removal of barriers
creating or exacerbating dependency and disempowerment.6 There is an even wider
context identified in the Judges p aper, that is, participation in private and public
processes not necessarily limited to the democratic process of law-making.7
4
In this paper, I treat access to justice as a concept at the wider end of the spectrum
of meanings, but necessarily also embracing the narrower meanings. In a free and
democratic society under the rule of law, citizens must know what are their rights
and obligations in order to do business, to access the services provided by the State,
to acquire skills and knowledge, to acquire and dispose of property, to get resolution
of disputes, to engage with central and local government, to enter relationships, to
move about, to communicate, to work and sustain themselves, and to do whatever
else they might wish. They must also know the limitations on their actions and what
the sanctions are if their conduct harms others. They must be capable of influencing
changes in the laws that govern them through participation in the law-making
processes.
5
A free and democratic society depends on the integrity of its laws, that is, that they
embody fundamental legal principles, conform with the international obligations of
the particular country, and are not harsh, oppressive, discriminatory, or outdated.
Respect for the law is fundamental to good order and government. This is the sense
in which I suggest commitment to the rule of law has to be viewed, not confined to