NCJ Number
188232
Journal
Asia-Pacific Journal on Human Rights and the Law Volume: 1 Issue: 1 Dated: 2000 Pages: 89-96
Date Published
2000
Length
8 pages
Annotation
This article examines legal aid in Southeast Asia and China and considers some prerequisites for a nation's establishing the rule of law.
Abstract
The article summarizes some of the issues considered in a June 1999 forum on legal aid in Asia. The article's primary point is that without affordable and effective access to independent, neutral, and professional courts, talk of the rule of law is hollow and liable to be deceptive. The article then presents seven issues that should be considered by any society attempting to establish the rule of law: (1) the danger of engaging in too many generalities and the need to keep in mind differences between jurisdictions; (2) the importance of research, gathering statistics, and discussions among practitioners, specifically those engaged in providing legal aid; (3) the need for regional and international cooperation; (4) obligations of legal practitioners to defend unpopular clients; (5) the vital importance of judicial independence; (6) the obligation to extrapolate from the experience of particular cases and the needs of law reform to which they relate; and (7) the need for adequate funding, possibly including foreign aid and pro bono work by practitioners.