Syd golder was falsely accused by one of the wardens

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Sexuality Now: Embracing Diversity
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Chapter 17 / Exercise 1
Sexuality Now: Embracing Diversity
Carroll
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Syd Golder was falsely accused by one of the wardens of participating and assaulting prison officers. Golder asked for leave to get in contact with his solicitor to commence a civil action for libel, but the answer he received politely informed him that the Secretary of State had considered his petition but had found no grounds to take any action. Golder submitted a complaint to the ECtHR, claiming that his right to a fair trial had been violated. The UK government replied that there had been no trial, so it could not possibly have been unfair. This led the ECtHR to its famous decision that the right to access of justice is implied by the right to a fair trial. 13.3.1.1 Scope This calls for a definition of the scope of this right to access to justice since it is obvious that courts are not there to decide on just any matter (like the color of your shoes for the gala dinner). In the introduction to this chapter, we already pointed out that courts are there to settle disputes for those who cannot find an agreement themselves and to decide on matters we do not want to leave to citizens at all. The right to access to justice is therefore usually related to the determination of criminal charges and of civil rights and obligations. At first sight, this seems to imply that only civil and criminal procedure is affected by this principle. However, since it is such a basic principle, these notions (which are mentioned in the provisions cited in the introduction to this chapter) should be taken in a broad sense. Thus, if private interests of a legal character are at stake, access must be opened to a court, even if the other party is the state itself and not a private person. Judicial Review Likewise, a right to some sort of judicial review (i.e., the right to annulment of state acts by the judiciary) of certain administrative acts and legisla- tion can be derived from the right to access to justice. 13.3.1.2 Legal Aid Guaranteeing access to justice implies more than just opening a procedure to have a court decide on a matter. Although somewhat trivial, money should be one of the concerns of each jurisdiction in this respect. Going to court costs money, especially if representation in court is obligatory. To start a procedure, in most jurisdictions, a writ of summons has to be served by a bailiff and court fees have to be paid in court. Attorneys and solicitors are expensive. What should we do with people who cannot afford to litigate? A right of access to justice entails some kind of facility enabling citizens of little means to start proceedings or defend themselves in court. State- sponsored legal aid could be such a facility. 13 Elements of Procedural Law 293
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Sexuality Now: Embracing Diversity
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Chapter 17 / Exercise 1
Sexuality Now: Embracing Diversity
Carroll
Expert Verified
Under Irish law, divorce was impossible, but instead a judicial separation could be obtained by a High Court decree on one of three grounds: adultery, cruelty or unnatural practices.

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