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Mediation and Cultural Change
Get PDFIn this article I describe the most significant legislative developments in England and Wales in relation to mediation over the last 25 years. Similar patterns emerge from a number of consultations and reforms across several different sectors of mediation provision. One of the most notable is the perception of mediation as a means by which to achieve a culture change in the way that disputes are handled. Recent legislation affecting several fields of delivery has attempted to position mediation as the default process which encourages informality and individual responsibility, with adjudication as the exception when all else fails. At the same time, these efforts cannot be divorced from the clear motivation to reduce time, costs and pressure generally on the civil justice system. In either case, these aspirations have not been fully realized. The take-up of mediation has been relatively low and has led to recurring debates about whether it should be mandatory. Conflicting interests and expectations have led to a lack of clarity and have resulted in a struggle to establish a mediation provision which meets the needs of individuals in dispute as well as those of the civil justice system, public sector funders and the Government. This raises considerable challenges for the mediation community.
Keywords: mediation; voluntariness; culture change; mandatory mediation; civil justice; legislation
Restorative Justice, Desistance and Trauma-Informed Practice in the Youth Justice System
Get PDFTrauma-informed practice involves understanding the impact of trauma on an individual’s life and how trauma has a direct impact on behaviour. It is an approach that has been implemented in various sectors such as education, health and the justice system. There appears to be a direct link between trauma and crime whereby the majority of those who offend in the UK have experienced trauma such as abuse and neglect during their childhood or adult life. It follows, therefore, that it is vital for trauma-informed practice to be implemented in the justice system as this may enable the future desistance of offenders and consequently reduce crime. Using restorative justice as an approach, this article will demonstrate the impact of trauma-informed practice on offending. This article, therefore, explores key principles around restorative justice and examines how trauma-informed practice that adopts a restorative approach may tackle issues around the wellbeing of young offenders and their desistance as well as the victims of their offending behaviour.
Keywords: restorative justice; trauma-informed practice; justice system; desistance; deviance; young people
Montesquieu’s Theory of the Separation of Powers, Legislative Flexibility and Judicial Restraint in an Unwritten Constitution
Get PDFA constitution is a body of laws that is composed of various branches which exist as the legal source of its powers. These are designed to regulate by defining the role of the executive, legislature and the judiciary, which are the three organs of government that Baron Montesquieu defined as necessary in a constitution. The constitutional government can be evaluated on its capacity (i) to maintain the rule of law, (ii) to preserve an electoral mechanism for political democracy and (iii) to protect a morally and legally acceptable set of substantive rights. The conventions are the source of unwritten constitutions which preserve the balance of powers by relying on the concept of judicial restraint and deference to the executive. The contemporary relevance of Baron Montesquieu’s theory is in the context of a fused system, and the question is the extent to which the executive can override the judicial powers in matters of state.
Keywords: separation of powers; unwritten constitution; Westminster model; constitutionalism; juridical review; “one voice” principle; administrative deference
Independent Review, Miscarriages of Justice, and Computer Evidence: Brian Altman KC’s General Review and the Post Office Scandal
Get PDFBrian Altman KC reviewed unreliable expert evidence on the Horizon software system. The Post Office denied, including to Parliament, that there was any evidence of miscarriages of justice revealed before the Court of Appeal in 2021. In his review, Brian Altman KC indicated the prosecutions was fundamentally sound; this paper looks at the quality of the judgments arrived at to come to that conclusion.
Index words: Altman General review; Post Office Limited; Horizon IT system; unreliable evidence; Clarke Advice; Swift Review; Bates litigation; Hamilton appeal
Institutional Approach to Preventing and Countering Violent Extremism in Nigeria—National Human Rights Commission in Perspective
Get PDFThe article discusses the institutional approach to preventing and countering violent extremism through the role of the National Human Rights Commission, Nigeria. It uses primary and secondary materials to argue that extreme violent activities by the Boko Haram sect, armed bandits, kidnappers etc, have impact on the enjoyment of human rights by citizens and jeopardize peace and security, as well as threatening social and economic development. The article recommends that the average citizen in Nigeria ought to be given a reorientation to instil in them value for human life, property and dignity of the human person and patriotism to checkmate and prevent violent extremism in the country, among other recommendations.
Keywords: institutional approach; violent extremism; human rights; National Human Rights Commission, Nigeria