Rights and new technologies
Panel formed with individual proposals.
As Covid-19 cause mass disruption the world over, justice systems – and courts specifically – had to respond quickly to the challenges presented. The response in this regard has been varied, not only from one jurisdiction to another, but also in terms of differing needs and demands across differing court sectors. This paper will provide an overview of the digital delivery of justice in England and Wales since March 2020, when the most stringent public health measures came into force. The focus is on the extent to which the accelerated digitalisation of court proceedings has both served, and also hindered the administration of justice. Reference is made to comparable developments and experiences in Commonwealth jurisdictions, and a critical analysis lays bare important lessons and challenges for the future. It remains to be seen what the lasting impact of this new digitalised mode of justice will be, and whether digitalised justice, is indeed justice served.
TECHNOLOGY AND PUBLIC LAW: A REVIEW OF BRAZILIAN RESEARCH. The research intends to shade light on the expansion of new information and communication technologies in the scope of public law (what could be called as Digital Public Law. The transformation of Public Administration with the reception of new technologies is essential in the face of both the lack of efficiency and the speed in the face of the accumulation of demands. Hence he technology development is inevitable, it is necessary to observe the topics that have more presence in the Brazilian research scenery. The method used was the one of the Bibliographic Research, focusing on the metadata of the academic works published in Brazil, which has a theme or keywords related to the digital public law field. Since the project aims to investigate the knowledge that becomes available on the researched subject to obtain sufficient information to carry out an analysis to clarify points of view and shed light on the theme under study.
The Justice Delivery System of the State rests on the assumption that the citizens have a fundamental ‘right to access justice‘. Due to huge arrears and pendency of cases in the Indian courts the State is miserable failing in its duty to guarantee the right of speedy and effective justice to the litigants. To aggravate the situation further, the spread of pandemic COVID-19 in the year 2020 has led to closure of physical court complexes, leading to denial of access to courts to all. Technology promises to address the fundamental crisis in the Justice Delivery System and enhance the access to justice for all. Concern regarding issues that technology-based solutions bring to the table. First is the ‘digital-divide‘. Second is proficiency of English language. Third is the rights of disabled people. The authors in the paper argue that policy makers must adopt a principled approach to address the concerns & issues before rolling out any technology-oriented justice delivery in the system.
The Civil Resolution Tribunal (CRT) is a tribunal in British Columbia (BC), Canada that promises to “bring the justice system to the public“ through a user-friendly online interface. Its beginnings were humble: starting in July 2016, the CRT decided condo, non-profit and small claims disputes (
The digitalization of the economy and society, the introduction of artificial intelligence in human activities actualize a number of new issues relating to both the legal support of these processes, and areas of development of law as a regulatory system, the relationship between law and technology. Understanding of law in conjunction with other social institutions determines its role not only as a normative regulator, but as a cultural and historical phenomenon. The aim of the paper is to analyze the problem of changing the value (ethical and moral) element of law in the context of technology development. The investigation will be based on an interdisciplinary approach. It is concluded that the law is able to maintain its essential foundation without turning into technology, turning to universal principles of law, and finding a balance between scientific and technological progress and human rights.
Although the unstoppable development of ICTs and NTs since the second half of the 20th century, has generated a gradual transformation of the relational landscape, the first half of the year 2020 represented a turning point. The current “pandemic revolution“ provoked by Covid-19, has arrived like a global tsunami character, generating the adoption of measures of social distancing and the immediate displacement, without prior warning and without a transition period, of the scenario in which daily life takes place, from the physical world to the universe of the Internet. This sudden transformative charge is reflected and transforms the framework of civil and political rights, redesigns the role of public authorities and changes personal and social relationships. The debate about the need to incorporate the right of access to the Internet as a fundamental right within individual legal systems and at the European level is not new in legal theory.