Access to justice and regulation and licensing of lawyers: relations
This paper aims to analyze the legal consequences from the absence of an effective,comprehensive and specific regulation of the legal profession (as well as the lack ofa comprehensive and compulsory formal licensing), as part of an effect on access tojustice, saw this as a fundamental right of socia...
| Autor Principal: | Teleki Ayala, David |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Universidad Santo Tomás, Bogotá-Colombia
2015
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| Acceso en línea: |
http://revistas.usta.edu.co/index.php/iusta/article/view/2482 |
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| Sumario: |
This paper aims to analyze the legal consequences from the absence of an effective,comprehensive and specific regulation of the legal profession (as well as the lack ofa comprehensive and compulsory formal licensing), as part of an effect on access tojustice, saw this as a fundamental right of social and political ethics and democraticrule of law pillar as part of the core of other essential rights such as due process andequality. In this sense, the research problem to be solved is if it affects the right ofaccess to justice by the absence of a fellowship of lawyers in Colombia.To that end, we try to determine what we mean by nature subjective right andlining in that context access to justice. Then we try to define or try to shape theessential and distinguishable features of the fundamental right of access to justice;then through concrete situations of judicial activity outreach we need for theexistence of a clear, decisive and effective legal regulation (including a mandatorymembership), as prerequisite for the realization of access to justice, this basis indetermining what is and has been the function of a legal regulation of the legalprofession and compulsory membership, and its alleged importance and interestfor the realization of the right of access to justice for the general public. We holdthat a non-unionized, unprotected without a body trained lawyer, develop ethicalcontrol and exercise control to professional litigant, makes nullifying human rightsin the context of judicial activity, particularly access to justice, in such conditionsis a mere statement. |
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