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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical ...
This book presents a critical, in-depth analysis of the changes taking place in the governance of charities and charity law in Australia, New Zealand, and England. Delving into the transformative journey of charity law, the book reveals its dramatic shift from traditional private law regulation, governed by the courts and trust law, to an advanced, regulatory framework. This pivot is not just a legal transition; it reflects the core tension within charity itself – the balancing act between private initiative and public good. Featuring contributions from both renowned and up-and-coming international charity law scholars, this book stands out for its comprehensive coverage. Each chapter delves into the nuanced, complex issues arising from the modernisation of charity law, providing a rich, insightful exploration of the concept of 'charity' as it straddles the realms of legal theory and state-regulated practice.
This book examines accountability issues and the problems of regulating non-governmental organisations (NGOs) through self-regulation. It focuses on methods of self-regulation for NGOs in response to prominent scandals that revealed problems with their accountability, notably the ‘Mafia Capitale’ scandal in Italy and the Oxfam GB scandal in Haiti. It also touches upon other accountability failures, including the allegations against the WWF of facilitating human rights abuses of indigenous groups in Cameroon. The work brings a legal approach to the topic of NGO self-regulation and accountability, contributing to the academic and policy debate in several ways. It advances a brand-new theor...
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Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing...
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After over a decade of unprecedented cuts, this important book examines the radical transformation of legal advice funding and delivery in the UK. Using Liverpool as a case study, the authors analyse the impact of these changes on access to justice, social rights and health inequalities. The book draws on a five-year socio-legal research project to highlight the critical role of local advice networks and co-located services in addressing poverty, and wider inequalities. Offering a fresh perspective on access to justice, it advocates for a more collaborative community-based approach to rebuilding social citizenship.