Funding of justice has significant consequences for the enforcement
of rights and impacts directly on access to justice and the right
to a fair trial as constitutional rights. Access to justice in turn
essentially impacts on the effective enjoyment of any other
constitutional right, since having the actual means to access a
court in case of a potential breach strengthens that right. Public
funding, such as legal aid, has come under pressure due to the
reality of financial austerity measures and the tightening public
budgets in many countries. This has contributed to privatization
and marketisation of funding in ever more jurisdictions. Private
forms of funding include inter alia litigation insurance,
third-party litigation finance and crowdfunding, as well as
different forms of assigning or selling claims. As public funding
is in decline and as market liberalization in the field of justice
increases, crucial questions related to the rule of law, access to
justice and social and economic development, in the intersection
between states, citizens and business are raised. For example,
potential questions of conflict of interest and how to ensure a
basic level of equality of access to funding, whilst at the same
time protecting market freedom. Some of the contributions in the
volume deal with the consequences of privatization of funding of
justice on access to justice from a general, principled and
theoretical perspective. Other contributions deal with specific
regulatory developments or issues at the EU level, alternatively at
the local level in specific jurisdictions. Further contributions
deal with crucial issues of funding of justice in environmental
matters, that are increasingly relevant and topical in practice.
General
| Imprint: |
Springer International Publishing AG
|
| Country of origin: |
Switzerland |
| Series: |
YSEC Yearbook of Socio-Economic Constitutions, 2022 |
| Release date: |
October 2023 |
| First published: |
2023 |
| Editors: |
Eva Storskrubb
|
| Dimensions: |
235 x 155mm (L x W) |
| Edition: |
1st ed. 2024 |
| ISBN-13: |
978-3-03-138509-4 |
| Categories: |
Books
|
| LSN: |
3-03-138509-8 |
| Barcode: |
9783031385094 |
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