Adaptation of Courts to Disruption
-
University of Buckingham
United Kingdom
Abstract
This article reflects on how courts in the USA and England have remained active and resilient in providing access to justice, or due process, during times of emergency and disruptive events. The focus here is not to define emergencies per se but to analyse the impact of emergencies and disruptive events that interrupt the functioning of courts and access to justice. The article provides a brief examination of some emergencies and disruptions and the expected responses to those interruptions. The question for this paper is: how do courts adapt (or are adapted) in times of emergencies that disrupt their ordinary operation, both in terms of continuity of operations and in terms of protection of rights through judicial review? This paper will primarily examine two common law examples (from England and the USA) of how the courts adapted to such disruptions.
Downloads
Author Biography
Gar Yein Ng currently holds a post as a lecturer in law at the University of Buckingham, School of Law. There she is teaching constitutional law and law of evidence. She previously taught at Nottingham Trent University, Law School.
Gar Yein was researches in the field of Judicial Studies, with particular focus on judicial indepedence, court and justice management, public law, and procedural law particularly at the intersection between law and technology, from a comparative perspective.
She occasionally conducts research for the Organization for Security and Cooperation in Europe, Office for Democratic Institutions and Human Rights and Council of Europe, Commission for the Efficiency of justice.
