POVERTY AND ACCESS TO JUSTICE
ABSTRACT
CHAPTER 1
1.0 Background to the Study
Justice has always been a myth, alongside truth, freedom and democracy. Yet nowadays the concept of ‘justice for all’ remains one of the most fundamental and widely articulated principles of contemporary societies (British Government, 2002). Justice is the true basis of society, there is no such thing as abstract justice for the simple reason that whatever pattern of justice exists in a particular society is tied to the attitude of its people and the effectiveness of the organs for the administration of justice. In this regard, the ordinary citizen is important. According to Aristotle, (quoted by Benjamin, 1899: 4). Man, it is said when perfected is the best of animals, but when separated from law and justice, he is the worst of all. This means that Law and justice are indispensable commodities in any given society. In effect, access to justice suggests above all the possibility to access the infrastructures of justice: to have a judgment, rather than just be arrested (PRI Malawi, 2000). Laws are made for him/her and for the common good of the society in which he/she lives. It is therefore in relation to him him/her that the efficiency of laws should be tested in terms of:
i. How he/she perceives the law.
ii. The access that he /she enjoy or do not enjoy to the judicial process.
iii. His specific experiences as he/she encounters the justice system.
iv. His capacity to understand his own rights and means of those rights.
To ensure freedom, equality and justice, the citizen must be seen to be equal before the law, must be educated to understand their duties and rights, they must be protected, equal opportunity for growth and development must be ensured, and they must have equal access to political, social and economic resources for the realization of potentialities and their safety and security must be ensured.
Justice must be made more accessible to the common man in particular and all sundry in general if the society is to be perceived as geared towards a human face society with abundance opportunity and an effective strategy for poverty reduction.
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