Law should be simple, accessible to all

The following article is based on the keynote address delivered by Chief Justice Asoka de Silva at the Law Week organized by the Legal Aid Commission, recently.

Sarath MALALASEKERA
 

Chief Justice Asoka de Silva addressing the Law Week seminar.

The Universal Declaration of Human Rights states, "All are equal before the law and are entitled without any discrimination to equal protection of the law.

The Article 12 (1) of the Constitution states - "All persons are equal before the law and entitled to equal protection of the Law. How would be citizens exercise these rights without easy access to legal process which is expensive.

Legal aid is a system of governance for those who could not afford to pay for advice and representation. The greatest revelation in the law has been the evolution of the mechanism of the system for legal aid. The most developed legal aid system is found in the United Kingdom where the Government spends billions of Pounds for the legal aid scheme which is in an advanced plane.

Every citizen who is entitled to legal aid is entitled to the services of any lawyer of his choice which includes the services of even a QC where necessary. Legal Aid lawyers are well paid in the UK and the litigants are contended with their services thereby society is satisfied with income support.

A citizen is entitled to justice and fair play at an affordable price with easy access to legal profession which is an honourable profession and practised as a service with no remuneration. Law delays and cost of litigation is common worldwide. Access to justice and due process are basic requirements in an ideal democratic society without which law of the jungle and survival of the fittest will be the rule. Law must be simple, accessible and approachable to the citizen.

Law must be simple, accessible and approachable to the citizen at an affordable price. Justice delayed is justice denied and today all the jurisdictions worldwide are attempting to control this development which retards the confidence of the citizen on the society leading to anarchy.

In other jurisdictions, especially in the UK, USA and the West, modern technology and development are being used to attack law delays. Fax, email, electronic media and modern development are used in delivery of legal pleadings. The Court doffs are used to receive messages of the public via telephone and other ways. Sri Lanka is more traditional and stiff than the West. It is time for us to follow modern development in bringing justice. The Government must respect all the legal rights of a person according to the law of the land which is the basis of rule of law.

Judges will define and guarantee fundamental fairness and justification of liberty. Strong Bar, an independent judiciary and effective legal aid schemes are main pre-requisites for the delivery of justice in a democratic society. Direct and indirect legal aid schemes or modes of assistance to the litigants have been provided to the public by the Government and professionals to avoid break down of the society.

It is the duty of the Bar to take steps in the delivery of legal aid with the help of the Executive and the Judiciary. Citizens are greatful to the Bar and Judiciary in delivery of free legal aid which is unique to the legal profession. In other professions, there is no organized professional help for the needy. Duty Solicitor System prevalent in the United Kingdom is an ideal system for us to follow.