Constitutional - equality, fairness, impartiality and justice in our courts

 There is a need to bring back equality, impartiality, fairness and justice to the UK domestic court system as these were removed via the Woolf Reforms and the position in Scotland is not known via the Gill reforms.   Currently the court procedural rules in England do not provide any wording in relation to equality.  Impartiality is for expert witnesses only.  Article 6 of the Human Right Act and right to a fair trial does not feature in the CPR rules.  And Justice does not feature either.  Costs are proportionate.  There is multi and fast track in relation to expediency but the word expediency is not used.  Mediation is used which I call “contemporary equality” and should not feature in a public domain institution as it does the opposite removes the case to the private domain and gags by compromise agreements.  Justice and Compromise are two distinct issues but are currently packaged as “Access to Justice”. And Economy is featured but I cannot recall how, maybe fees.   There is a need to embed equality, impartiality, fairness and justice as the objective of the courts in a democracy to include all parties and the judge, with a specific limit on judicial subjectivity to equitable doctrine only, ie first in time prevails and interests of justice. 

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Social justice - constitutional

by Lesley on October 10, 2018 at 08:45PM

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