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How Do You Say Think in English

How Do You Say Think in English

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Published by Frank Gallagher
Pro rogues want more money to feed their illegal Legal Aid
as rogue government continues proroguing a legitimate Constitution independent judicial court
With pro rogue Senators
Pro rogues want more money to feed their illegal Legal Aid
as rogue government continues proroguing a legitimate Constitution independent judicial court
With pro rogue Senators

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Published by: Frank Gallagher on Aug 20, 2013
Copyright:Attribution Non-commercial

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07/10/2014

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Pro rogues want more money to feed their illegal Legal Aidas rogue government continues proroguing a legitimate Constitution independent judicial courtWith pro rogue Senatorshttp://www.cbc.ca/news/canada/toronto/story/2013/08/17/skn-annual-canadian-bar-meeting-access-to- justice.htmlhttp://www.vancouversun.com/news/Canadian+Association+calls+quick+abysmal+access+justice/8803590/story.htmlhttp://www.scribd.com/doc/161089364/True-Pro-Bono-Gets-the-Bone The outlaws protect outlaws prerequisite to a thriving business of the NEWS Never Ending War Story
Section VI: A FRAMEWORK FOR EVALUATIONI. THE RATIONALES FOR THE IDEAL OF ACCESS TO JUSTICE
In evaluating the current condition and performance of the legal aid system in Ontario and how wellequipped it is to face future challenges in the years ahead, it is obviously important, and indeednecessary, to have a clear focus on some broad normative reference points or benchmarks againstwhich both the performance and potential of the system can be evaluated. This was squarelyrecognized in the McCamus Report
1
in 1997, and in important background research that theMcCamus Task Force commissioned.
2
I here set out briefly what I view as the mostcompelling normative justifications for an obligation on the state to ensure accessto justice.
a) Access to Justice and the Rule of Law
The first and most important rationale for viewing access to justice as an important ideal is based onthe close relationship of access to justice to the rule of law.The development of democratic societies has been accompanied by the adoption of the notion of the
 
rule of law - the replacement of rule by arbitrary measures or by unchecked discretion with rule bylaw. While the content of the rule of law has been subject to much debate over the years,
3
evenminimalist conceptions of the rule of law espouse as central the notions of "natural justice" or due process as these concepts are widely understood. If therule of law is considered to be based on laws that are knowable and consistentlyenforced such that individuals are
able to avail themselves of the law, then individuals must have the tools to access the systems thatadminister those laws. Thomas Hobbes argued that the rule of law must satisfy an obligation whichProfessor David Dyzenhaus has called the "publicity condition". This means that individuals, incommitting their obedience to the sovereign's rule, are promised the protections and benefits of law.Dyzenhaus argues that the publicity condition is not so much an external limit on the sovereign's legal power, but what the sovereign has to do in order to exercise power through law. Dyzenhaus arguesfurther that part of the obligation that attaches to the rule of law, especially as that law becomes morecomplex (as many of our laws have, including criminal law, family law, immigration law, and socialassistancelaw) is for the government to provide the resources so that people can not only know the law, but alsogain access to it. This publicity condition obviously does not imply that the state is under an obligationto ensure that every individual has a grasp of its entire set of laws. Actual knowledge of the law is notconsidered a right under even the most progressive liberal theory, so long as every person has anopportunity to know the law. This means that when individuals are unable to understand the law and itsimpact and are unable to exercise effectively their rights and responsibilities under the law,
the state has an obligation
to ensure that
they have the resources to do so

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