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    Participation in courts and tribunals: concepts, realities and aspirations

    Jacobson, Jessica and Cooper, Penny, eds. (2020) Participation in courts and tribunals: concepts, realities and aspirations. Bristol: Bristol University Press. ISBN 9781529211290. (In Press)

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    Abstract

    It is a long-established legal principle in England and Wales that people should participate effectively in the court and tribunal proceedings that directly concern them. There is wide agreement among law reformers and commentators, as well as the judiciary and legal practitioners, that participation is essential to the delivery of justice. But what exactly does it mean for a lay person to participate effectively in judicial proceedings – whether the individual is a party or witness in criminal or family proceedings or in an employment or immigration and asylum tribunal hearing? Why does their participation matter? What factors typically impede their participation and how can it be better supported? This book addresses these pressing, but hitherto neglected, questions in reporting on a unique study which combined cross-jurisdictional socio-legal policy analysis with close empirical inquiry. The research findings point to the multi-faceted nature of participation. The concept is variously understood as a matter of providing and eliciting information for the court; being informed; being legally represented; being protected; being managed; and presence. Its functions are perceived in terms of exercise of legal rights; enabling court decision-making; legitimation of court proceedings; and potential therapeutic benefits. This volume makes the case for clearer articulation of participation as a legal principle – particularly at a time of rapid change to the policy landscape and technological innovation. The book calls on justice professionals, policy-makers and researchers to apply and elaborate further the framework for understanding participation that is set out in these pages.

    Metadata

    Item Type: Book
    Keyword(s) / Subject(s): Participation; justice; criminal proceedings; family proceedings; employment tribunal; immigration and asylum tribunal
    School: School of Law
    Research Centres and Institutes: Crime & Justice Policy Research, Institute for
    Depositing User: Jessica Jacobson
    Date Deposited: 24 Jul 2020 10:30
    Last Modified: 24 Jul 2020 10:30
    URI: https://eprints.bbk.ac.uk/id/eprint/32149

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