The economic problems faced by Bangladesh

The economic problems faced by Bangladesh INTRODUCTION First of all, I would like to thank my lecturer Ms Oh whom guides me to do the assignment. I had done two questions from this assignment. First question is about slow economic growth and second question is private sector. From this assignment I will what the current economic growth in Bangladesh and what is private sector plus the elements. However, this demographic is fast changing and Bangladesh is seeing the growth of huge metropolises. Furthermore, private sectors consist of various type of business corporate such private limited companies, sole proprietorship, partnership, corporation, conglomerates and so on. Some businesses, especially extraction and manufacturing but also others, have a significant impact on the environment. You are required to identify a country which you think is experiencing slow Economic Growth. What are the economic problems of the particular country facing? Bangladesh is officially known as The Peoples Republic Of Bangladesh which is shown in the (appendix 1). It is a rural nation state with most people living outside of the urban areas. Dhaka, the capital, is one of the largest cities in the world; with a population over 10 million. The unit of currency used by the country is the Taka (BDT). Their foremost industries are jute, sugar, paper, textiles, fertilizers, cigarette, cement, steel, natural gas, oil-refinery, newsprint, power generation, rayon, matches, fishing and food processing, leather, soap, carpet, timber, ship-building, telephone, and so on. Agriculture generates about one third of GDP, provides work of over 60% of the labor force and accounts for about half the value of export earnings. The services segment accounts for about 52% of value added, agriculture 31% and Industry 17%. Bangladesh import more than it exports. Aid and remittances from external works finance the external deficit. Exports of garments have enlarged s ignificantly in recent years, but import growth has sustained unabated. Bangladesh has rare proven mineral resources, except deposit of enormous natural gas (Wiziq, 2009) . 2.0 SLOW ECONOMIC GROWTH OF BANGLADESH Bangladesh is one of the unfortunate countries of the world with a per capita income of US $ 300. Bangladeshs economy has grown by over 4.5 per year in factual terms since the middle of 1970s. With residents growth of around 2% annually per capital incomes has risen by 2.5% per year. Also employment has been not capable to keep up with increase in the labor force. Poverty continuous to be widespread, with extra than 50% of the population estimated to be living below the poverty line. Its people have a life expectation of 58 years. Mortality rate of the children under 5 in Bangladesh is one of the premiers in the world. About 60 percent of the children experience moderate to severe malnutrition and the societies in general suffer from endemic health problems. Approximately 53 percent of the population is illiterate. The major economic problems which faced by the Bangladesh are inflation, price stability, stability of democratic institution, level of socioeconomic development, low unem ployment of resources, economic performance and so on. There is an economic indicator in (Appendix 2) 2.1 TROUBLE FACING BY BANGLADESH Inflation Higher price of products in international market happens from previous two or three years. The following are the explanations for higher price of products as well as decreasing the purchasing power of general people. Destructive activities of dishonest syndicates of the period of union (BNP-Jamat) government. Other than that, the investors are not financing in the country and showing signal that production will decrease in near future. For this reason, businessmen are not selling their products, storing products and creating scarcity of products to earn more money. For example, Production of rice is not as much as their expectation. Furthermore, Businessmen are not interested to import rice from abroad by investing a huge amount of money for the luck of confidence on caretaker government. Foundations are following the primitive institutional structure because care taker government has not taken any positive initiative to restructure institutional structures. Price of products has enl arged for the hindrance of supply. So, people are facing the problem of inflation. Currency and Price Stability The government has endeavored to control inflation. Since the 1990s the average inflation rate has been about 5.6%, remarkably low related to the second half of the 1980s, when the rate was about 8%. Inflation averaged 7.2% in fiscal year 2007, primarily due to rises in both food and nonfood prices. Among the main sources were domestic demand pressures, fed by higher incomes and strong monetary and credit evolution. However, after June of the same year, escalating international commodity prices, especially for food, were dominant, driving inflation to 11.4% (year on year) in January 2008. Near the end of fiscal year 2008 food prices diluted, thus allowing point-to-point inflation to drop to 7.5% percent in May. The exchange rate remained stable, but progression in monetary aggregates has started to increase. Available reports show that money growth fell in mid-fiscal year 2008, but subsequently picked up again, with broad and replacement money growth exceeding 17% in May 2008. The government has developed a culture of stability that is intensely supported by the international donor community. But because of the volatility of the political process, there are hardly any institutional safeguards that would strengthen a free culture of stability. Stability of Democratic Institutions In principle, democratic institutions perform their functions. But the absence of a governmental culture of tolerance and compromise has prevented the proper functioning of democratic institutions. A key essential impediment to the institutionalization of democracy is the concentration of power, whether in the hands of one or two party leaders, in the case of parties, or one or two offices such as the prime ministers office for the state apparatus. In addition, political interference, patronage networks and widespread exploitation have weakened the foundations of these institutions. The major political parties and civic associations accept democratic establishments as the legitimate political order. The main potential veto players are radical Islamist groups and parties that want to replace the democratic system with an Islamic state. The army, as an institution, has accepted the management of elected governments thus far, although it wants to further its corporate interests and view s itself as guardian of the state. A latent tension between the civil political societies and the military exists. This cause instability of democratic institution. (Infoplease, 2009) Level of Socioeconomic Development In the face of an uninterrupted period of high growth in recent years, socioeconomic development has not been an unambiguous boon for the majority of the residents. According to the most recent figures, 40.0% of the population lives under the poverty line. UNDP figures indicate that 41.3% of the population lives on less than $1 a day, with 84.0% living on less than $2 a day. Female economic doings accounts for 52.7% of the economy, but females earn less than half the income of their male counterparts. Rural areas still lack basic health care conveniences and educational institutions. Thirty percent of the total population is still regarded as undernourished. Only 39% of the population had sustainable access to improved sanitation in 2004. Minorities and women are disproportionately affected by structural underdevelopment. Low Unemployment of Resources On the employment side, the overall employment intensity of economic growth, as well as the employment elasticity with respect to GDP growth, is reported to be low and diminishing. With an employment elasticity of 0.495 (during 1990s), and employment growth of 4.4 percent (same as labor force growth), not counting current unemployment and under employment, the country would require a GDP growth of 8.89 percent per year. The lower the elasticity from the observed ones, the higher would have to be the growth rate to absorb the surf. On the other hand, the transformation of the employment configuration has been from agriculture in the direction of the services sectors rather than towards the manufacturing sector. Whatever employment has taken place is mostly in the informal sector; leading to non- formalization of the economy plus labor. It indicates the magnitude of employment tasks that Bangladesh is faced with low employment of resources. (Thedailystar, 2008) Economic Performance Bangladeshs economic performance in fiscal year 2008 showed considerable resilience, although global economic challenges and domestic natural disasters. Two devastating floods and a cyclone, as well as a tidal wave, hit the country in the first half of fiscal year 2008. The combined loss was expected at $2.8 billion, or about 4% of GDP. Yet the countrys economy maintained a performance consistent with earlier years. In the years under review, the momentum for growth sustained and international reserves increased despite severe import pressures. Overall GDP growth rates were high. The GDP growth rate was 6.5% in 2007 2008. Rising inflation, high levels of underemployment, and budget and trade deficits continued the main concerns for the economy. Strong growth in overseas workers remittances has delivered a cushion to the external balance. The economic growth and inspiring gains in several social indicators over the past decade point to Bangladeshs enormous potential. These achievements have been made despite poor governance, an adverse domestic political environment, deficiency of infrastructure and repeated natural calamities. However, these accomplishments cannot be sustained for lengthy if the political leadership fails to address deep-seated problems. There is four issues warrant attention and action. First, a qualitative change in the political culture is required. The acrimonious politics, with utter disregard for national interests, has cost the nation dearly in recent decades. It is evident from the past two years (2007 and 2008) that reforms in major associations, including political parties, can facilitate this transformation. Constant efforts with clear objectives and well-devised strategies can bear results. This effort must be initiated from within, but external support is imperative for its success. Seco ndly, political violence as well as militancy must be addressed comprehensively. The sources of extremism need to be identified and addressed, a task as important in place of confrontation of the militants. Question 2 Explain the various types of business organizations existing in the private sector. A business is an organization designed to afford goods, services, or both to consumers. They are the units that perform most of the economic movement in our economy. Most businesses happen to generate a profit. There are some businesses that exist to perform a function other than profit, such as cooperatives and non-profit organizations. The traditional classification of a business is an entity that brings together time, effort and capital in order to produce a profit. Businesses can either be privately owned or publicly owned by the government. Government usually standardizes business for a variety of purposes. This will include collecting corporate taxes. Also definite business pose a risk to the public and so must be regulated. If they were left unregulated, they could, while carrying out their functions for profit, do permanent harm to the environment. Others, such as drug companies and pharmaceuticals must be regulated so that safety and health standards can be sustained. Drugs must be monitored so that any that begin to cause thoughtful side effects are quickly taken off the market (Wikipedia, 2009) 3.0 PRIVATE SECTOR Private sector encompasses of various businesses owned and managed by one or more private individuals or organizations. These all range from the small business sector, partnerships, limited companies and public limited companies. Individuals can now get government grants or loans to set-up their own corporate. This inspires growth within the small business sector. Balanced interest and expansion of the Internet, e-commerce and computer technology have also seen the growth of the private sector. At the same time, Unifications of companies in the banking and finance world give the opportunity for the company to offer more products to its customers and still be competitive. Furthermore, private sectors consist of various type of business corporate such private limited companies, sole proprietorship, partnership, corporation, conglomerates and so on. An example of Malaysians private organization is Tanjong Private Limited Companies. It is an investment holding company of a group of divis ions involved in power generation, gaming, leisure and property investment. The Companys principal operating and reporting sectors comprise power generation and gaming, which includes the numbers forecast totalisator (NFO) and racing totalisator (RTO) businesses. Its straight subsidiaries are Pan Malaysian Pools Sdn Bhd, Daya Mahsuri Sdn Bhd. 3.1 Private Limited Companies Private limited companies are viewed as firms under the law and share several common characteristics with all corporations. However, private corporations are possessed and operated by a small group of people. Because of their structure, private limited corporations operate in a set of limitations not imposed on public corporations. As a corporation, a private limited company is viewed as a distinct legal entity from the individuals who form the corporation. This provides what is known in the law as limited liability, or a shield for the personalities within a company against liability for obligations incurred by the corporation. A private limited company is comprised by a small assembly, often members of a single family that requirements to limit the influence of outsiders on its company. Because private limited companies are run by a minor group, they are usually not subject to takeovers and other challenges faced by public companies. Unlike public corporations, private limited comp anies may not trade their shares on a stock exchange. They are also barred from offering shares for sale to the general public. Stockholders in a private limited company may not compromise their shares for sale without first offering them to other stockholders within the company for purchase. The number of members allowed within a private limited company is limited by regulation, most often to no more than 50 because they are corporations under the law, private limited companies must pay auditors, hold conferences as other corporations do and share profits among all stockholders. They can be expensive to establish because of the regulations involved (Malaysiaco, 2007) 3.2 Sole Proprietorship A sole proprietorship is a type of business entity that is owned and run by one individual and in which there is no legal dissimilarity between the owner and the business. The owner receives all profits subject to taxation specific to the business and has unlimited accountability for all losses and debts. Every asset of the business is owned by the property owner and all debts of the business are the proprietors. This means that the owner has no less liability than if they were acting as an individual instead of as a business. It is a sole proprietorship in contrast with partnerships. A sole proprietor may use a profession name or business name other than his or her legal name. In many authorities there are rules to enable the true owner of a business name to be ascertained. For example, In the United States there is generally a obligation to file a doing business as statement with the local authorities while in the United Kingdom the proprietors name must be displayed on business st ationery, in business emails and at business premises, and there are additional requirements (Wikipedia, 2009) 3.3 Partnership A partnership is an arrangement where individuals agree to work together in order to improve their interests. In most situations, a partnership that is formed between one or more businesses in which the sole owners co-labor with others to achieve and share profits or losses. Partnerships occur in many occasions regardless the sectors that an individual involves. A non-profit organization, for example, many partners is being organized to increase the chances of achieving their missions. Partnerships will have widely varying results and can present partners with special challenges. Levels of give-and-take, areas of responsibility, lines of authority, and principal goals of the partnership must all be negotiated. While partnerships stand to increase mutual interests and success, some are considered ethically problematic. When a politician, for example, partners with a formation in an organization to advance the businesss interest in exchange for some benefit, a clash of interest may mak e the partnership challenging from the perspective of the community good. Developed countries often strongly standardize certain partnerships via anti-trust laws, so as to prevent dominant practices and temporary free market competition. Among settled countries, business partnerships are often favored over corporations in taxation policy, since dividend taxes only occur on profits before they are distributed near the partners. However, be contingent on the partnership structure and the rule in which it operates, owners of a partnership may be exposed to greater private liability than they would as shareholders of an organization. (Undp, 2009) 3.4 Corporation A corporation is a legal entity that is shaped under the laws of a State designed to establish the entity as a separate legal entity having its own privileges and accountabilities distinct from those of its members. The structure of a corporation is complex. It is more exclusive to organize this type of business compared to the other two business entities. Corporate control lies with the person who has rights of the most shares of stock. If a single stockholder or a group of stockholders own at least 51% of the stock they can make decisions of the policies that will be offered. Corporations will have an annual meeting of stockholders and regularly scheduled meetings for the board of directors with proceedings kept to document their decisions. The size of the corporation will affect how formally or informally it can operate. Smaller corporations might operate less officially, but still need to keep proper documentation. In those kinds of cases stock ownership is generally where the l iability is limited to lest there was a fraud committed. For example, DiGi is a homegrown brand but is financially backed up by a foreign company, Telenor ASA from Norway, which holds more than 60% of the company portion. DiGi is the first company in Malaysia that introduced GPRS and EDGE technologies into the country. DiGi is famous and well-known for its yellow man icon (Pip, 2008) 3.5 Conglomerates Conglomerates in business, a corporation formed by the procurement by one firm of several others, each of which is engaged in an activity that generally differs from that of the original. The organization of such a corporation may wish to expand its field of operations for a number of reasons: making additional use of existing plant facilities, refining its marketing position with a broader range of products, or decreasing the inherent risk in depending on the request for a single product. There may also be financial advantages to be grown from the reorganization of other companies. As an example, when retail conglomerates convey popular products, like Apple brand computers and iPods, they often select to become authorized resellers. Essentially, they are inflowing into a partnership in which the manufacturer endorses the retail store as an accepted source for purchasing its product. Other than that, Renong Berhad is Malaysias largest diversified establishment with corporations invol ved in a wide range of industries covering financial services, infrastructure, media, hotel and property. It is defined as a Major Shareholder pursuant to Paragraph 1 0.02(f) of the Kuala Lumpur Stock Exchange Listing Requirements.(Work, 2008) Business is energetic globalization and business is the primary source of economic growth, employment creation and public returns that pay for national development programs. As significance, more and more business is expected to deliver in new areas and against a wide range of social medians. 4.0 CONCLUSION This assignment consists of two questions. First question is slow economic growth and second is private sector. Furthermore, from first question I had learned National, regional and extra-regional actors are the support of the conflicts. Therefore, the issue cannot be left to a single set of actors, whether national, regional or international, for resolution. Infrastructure improvement, particularly road networks and electricity supply, for moving the country forward both in the short and long term. And from second question, trade is an economic system in which goods and services are exchanged for one another or money, on the basis of their perceived worth. Every business involves some form of investment and a satisfactory number of customers to whom its output can be sold at profit on a consistent basis. In todays borderless world, business resolutions can and do have a greater impact on peoples welfare and the environment, than the decisions of most governments.

Anth Final

Veronica Kim Final Exam –Anth101 Kohistani Violence Thull, is an area where the violence of Kohistani was studied by R. Lincoln Keiser. In this region, the Kohistani, initially did not believe in bloodshed in order to solve conflicts. As elements in their traditional lives changed, Kohistani violence became more and more prevalent in their culture. Three specific changes were the main reasons for the growth in violence. One change led to another change, which then led to a third change. These changes to the traditional culture of the Kohistani were the reason for increased violence among the Kohistani in Thull.The Kohistani were originally pastoralists. Their subsistence methods consisted of a balance of farming and herding. The Kohistani of Thull had permanent residences in the river valleys throughout the seasons. Traditionally, women would continue to stay in these river valleys during the winter to farm, while the men moved to higher altitudes during the summer to find lan d for the animals. Eventually, men took over much of the subsistence efforts and took part in both farming and herding.The culture of herding meant that the Kohistani had to build relationships with other herders in order to maintain peace and decrease violence within groups. Thull is a region that was difficult to travel in and out of without developed roads. Once roads were constructed and transportation was introduced, the Kohistani were able to travel to other regions to trade. This change introduced the Kohistani to the market economy, which disturbed the balance of herding and farming. As they became less dependent on herding, they were able to use the land for more farming.Thus, cultivating potatoes became the main source of income for the Kohistani. The entrance into the market economy enabled the people of Thull to increase their wealth. Through the road systems and the increased inflow of cash, Kohistani were introduced to another cultural change. Initially, the Kohistani were not a group of people who resolved conflicts with bloodshed. In this culture, with a system of hierarchy, leaders were chosen to mediate when disputes arose. However, when the Kohistani entered the market economy through the development of roads, they were able to purchase firearms.In the past, they protected themselves against enemies with other weapons such as knives and spears. As a result, when conflicts surfaced, the men of Thull were required to come into close proximity to their enemies. This was not a reasonable form of conflict resolution for the people of Thull. Therefore, violence was not the primary means of resolving disagreements. Once firearms were introduced, there was a new form of protection for the Kohistani. There was no longer a reason for the Kohistani to resolve issues through negotiations.Instead, there was an increase in violence and blood feuding because they were able to fight and easily murder their enemies from afar. The construction of roads not on ly exposed the people of Thull to firearms and the market economy, but also to different influences and religions from other regions. One specific religion that influenced the Kohistani of Thull was fundamentalist Islam. The major beliefs of fundamentalist Islam were the protection of women’s purity and one’s honor. A man’s honor was directly related to a woman’s purity. For this reason, men of a family needed to protect the women in the family.A male member of the woman’s family avenged any type of insult or action that was believed to be a threat to that woman. For example, if it were perceived that someone had threatened a woman, that person would be killed. The family of the murdered victim would want revenge upon the murderer and more killings would occur. The idea of honor was so important to the Kohistani men, that they would act in any way to protect their honor. This influence of fundamental Islam, on the Kohistani, led to greater actions of violence within and between communities.Traditional Kohistani culture developed into what it is today through modernization. Change in one element of culture inflicted a transformation in traditional ways of conflict resolution. There is evidence of this integrated change in the culture of the Kohistani. Through the development of roads, the Kohistani adjusted their subsistence methods, how they resolved conflicts and influenced their beliefs. All of these shifts in culture eventually contributed to increased violence in the Kohistani communities of Thull.

Invalid Code What Does href# Mean

This particular code in an a tag is commonly seen in sample code that involves JavaScript. Most commonly you will see it looking something like a href# onclickdoSomething(); return false where the primary purpose of the tag is to provide a link for people to click on to run some JavaScript. When used in sample code like that the # is a place holder representing where ever you want the link to actually go if the person visiting your page does not have JavaScript enabled. When you see href# in live code on a web page it means that the person who wrote the page has made a mistake. You should never see href# in the actual source code of a web page because the # by itself is actually invalid and meaningless. Whenever you attach JavaScript to a link whether like that or using an unobtrusive equivalent, you always need to also consider those who for whatever reason do not have JavaScript enabled. The return false on the end of my above example prevents the href actually being used if the JavaScript runs but the href is still what will be used if for any reason the JavaScript doesnt run. The href therefore needs to contain an actual valid value based on where you want the link to take people who do not have JavaScript available. Since the person who wrote the JavaScript for you doesnt know where you want those people to be taken they have just inserted a # in their code where you need to substitute the real address. A # is valid in an href attribute provided that it isnt the only character in the value. Where the # is followed by additional characters those additional characters are the value of an id attribute elsewhere in the current web page and the page will jump to display the tag containing that id as close as possible to the top of the browser viewport. For example a href#here will jump to div idhere in the same web page. If you also have a filename preceding the # then the id it will jump to will be within that web page so hrefnext.htm#here will jump to that id on the next.htm page. A # character is not valid as the last character of the href since it implies that you want to jump to an id within the page but the value of the id to jump to hasnt been specified. The action the browser should take in that instance is undefined however most will simply jump back to the top of the current page. So what do you do if the JavaScript you want to attach is such that there is no alternative for those without JavaScript? Well in that case you dont want those without JavaScript to see the link at all since if it is visible to them then some of them will click on it and you dont have anything that you want it to do for them and that will just be confusing. The solution therefore is to ensure that the link is only visible for those with JavaScript enabled and the way to do that is to add the link into the web page using JavaScript. Only where the a href# onclickdoSomething(); return false is added into the web page using JavaScript can you be sure that everyone clicking on the link will have JavaScript enabled and tat therefore the doSomething() code will run and the href# will be ignored. Then and only then does it make any sense whatever to leave the # in that spot in the code since the href attribute is required in order for some browsers to accept the code as a valid link and where you know that the only people to see the link will have JavaScript enabled you also know that no one will therefore ever end up actually being taken to the place the href points to and so it can contain anything at all without it mattering and so # is as good a value as any and is certainly better than hrefjavascript: (which is a construct that should never be used regardless of whether anything follows the colon or not).

Access to Justice in the English Legal System - Free Essay Example

Sample details Pages: 6 Words: 1919 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Tags: Justice Essay Did you like this example? Access to Justice Legal aid was introduced after the Second World War to permit people who could not otherwise afford the services of lawyers to be provided with those services by the State.[1]The system and costs grew hugely over the decades and underwent various restrictions and cutbacks during the late 1990s.[2]Although there have been many high cost claims on the legal aid budget, the scale of the continued rise in spending is not the result of individual or collective wastefulness.[3] It is the result of systemic weaknesses in the way legal aid services are obtained and therefore inefficiencies in the way those services are delivered.[4] The process for evaluating if an individual meet the requirements for civil legal aid and criminal legal aid is different. In civil legal aid, a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s income and capital must be within definite limits, this is called the means test and their case needs to have a reasonable chance of winning; the meri ts test.[5] In criminal legal aid, the means test is also considered but in a different way. In addition, the more serious the charge and possible consequences, the more likely it is that the person will qualify for the interests of justice test.[6] The Community Legal Service (Financial Amendment) Regulations 2007 set out the onsets for financial eligibility for all requests for funding. Don’t waste time! Our writers will create an original "Access to Justice in the English Legal System" essay for you Create order The test uses basic concepts of à ¢Ã¢â€š ¬Ã‹Å"disposable incomeà ¢Ã¢â€š ¬Ã¢â€ž ¢, that is, income available to a person after deducting essential living expenses, and à ¢Ã¢â€š ¬Ã‹Å"disposal capitalà ¢Ã¢â€š ¬Ã¢â€ž ¢, that is, the assets owned by a person after essentials items like a home.[7] In addition to the financial eligibility, an applicantà ¢Ã¢â€š ¬Ã¢â€ž ¢s case must also satisfy a new merits test. The commission prepared a Code (2007) which replaces, and is intended to be more flexible than, the merits test that was used for civil legal aid. The code sets out the criteria for determining whether legal aid services should be provided in a particular case.[8] Further legal aid restrictions endanger access to justice; say MPs.[9]Joint committee on human rights warns that Ministry of Justice(MoJ) should not fall into trap of knowing the price of everything but value of nothing.[10]MoJ proposed one-year residence test, the committee calls for broader exemptions, specific ally in cases involving children.[11] It said: Refugees may be unable to access civil legal aid during their first few months of lawful residence in the UK. This is particularly worrying as this is the time that many refugees may need assistance in securing services they are entitled to. [12]Under the MoJ reforms prisoners will lose legal aid for challenges over prison conditions but can keep it for legal challenges involving their liberty. The report said: In some cases only the retention of public funding will be sufficient to prevent infringements of prisoners right of access to court arising in practice.[13] Removing legal aid funding for borderline cases could affect human rights challenges and save only  £1m a year, the JCHR added.[14] The orthodox view is that individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights to access justice cannot be denied when considering Article 6 of the European Convention of Human Rights (ECHR). Article6givesyou therighttobringacivil or criminalcasetocou rt, the right to a fair and public hearing embodied in international human rights treaties. Thelegalsystemmust besetupinsuch a waythatthe general publicarenotomittedfrom thecourtprocess.Therightofaccessto courtisnot,however,unlimitedandthe ECHRhas acceptedthatcategoricalpeople[15] can berestrictedfrombringingcases. However, Article6doesnotgiveageneralrightto legalaidineverycivilcaseinvolvinga personwhocannotafford tobring proceedings[16]. However, legalaid mayberequiredbyArticle6insomecivil cases,forexampleincasesor proceedingsthatareverycomplex,orin circumstanceswhere a personisrequired tohavealawyerrepresentingthem.[17] In criminal cases, those who cannot pay the service of a lawyer to exercise their procedural rights are affected by the lack of effective protection of the right to legal aid. It may lessen their chance to influence the outcome of the proceedings when their liberty is at stake.[18] In civil cases, citizens are unable to protect and declare their civil, econom ic, social and cultural rights because of the lack of available mechanisms for resolving legal disputes. In both criminal and civil cases, the lack of access to justice results in reduced public assurance in the legal system, which is cornerstone for every democratic state rooted in the principles of the rule of law, human rights and democracy[19]. In a criminal case, a police custody officer will help you get legal aid if youà ¢Ã¢â€š ¬Ã¢â€ž ¢ve been detained and held at a police station. A solicitor will check if you qualify for legal aid if youà ¢Ã¢â€š ¬Ã¢â€ž ¢re charged with a crime. You will get legal aid automatically if youà ¢Ã¢â€š ¬Ã¢â€ž ¢re under 16 or on certain benefits.[20] However there was no right under common law to legal aid in all circumstances, but Grayling said that common law undoubtedly recognised a right of effective access to court, which means that legal aid may be required in certain circumstances in order for the right of access to be meaningful.[21] Meanwhile, the justice secretarys plan to cut defence  barristers fees by at least 30% in the most complex and demanding criminal cases came under attack in the House of Lords.[22] For instance, in the case of O.F. v Norway[23] the accused was deprived of legal aid by the State Party in defending charges of a traffic offence.[24] The State Party argued that there was no concern raised under article 14 3(d) owing to the triviality of the offence, therefore the consequence should only result in a small fine.[25] The Human Rights Court (HRC) concurred that the accused had not been able to show that in his particular case the interests of justice would have essentially required legal aid services.[26] Obviously when determining to grant or refuse legal aid in the context of à ¢Ã¢â€š ¬Ã…“interests of justiceà ¢Ã¢â€š ¬Ã‚ , the severity of the offence is considered. There has been a suggestion in the case law that a State may refuse legal aid to litigants on the basis of a val ue judgment on the objective chances of success, even in a case where the severity of the offence is not doubtful. In Z.P. v Canada[27] the Court upheld the decision by the Canadian authorities to deny access to legal aid in an appeal against a conviction for rape on the basis of an apparent lack of merits in the appeal. However, cases regarding capital punishment would be an exception to this rejection of legal.[28] Another issue presumably relevant to this header is the quality of representation. The issue is addressed in the jurisprudence of the HRC[29] on stating that lawyers should be able to counsel and to represent their clients in line with their established professional standards and judgment without any constraints, influences, pressures or undue interference from any quarter. The jurisprudence of the HRC also states that the authorities owe a duty to take measures as to ensure that the accused is efficiently represented[30]. Furthermore, in the case of a lawyer represe nting an accused on appeal, there should be effective support[31]. In Estrella v Uruguay[32] the HRC held that when an accused was offered only a limited choice of officially appointed counsel and the counsel then adopted à ¢Ã¢â€š ¬Ã…“the attitude of a prosecutorà ¢Ã¢â€š ¬Ã‚ , an adequate defence has been violated and there is a breach of Human Rights.[33] The Alternative Funding Arrangements[34] (AFA) increases access to justice whilst limiting public expenditure. AFA occur when payments to a law firm are based on a method other than billable hours[35].The conditional fee is the classic example of an AFA for which the percentage of the money won at trial or on settlement is collected by the firm; only if the legal action is financially successful that the client pays. However, AFAs encompass a large variety of arrangements and there is a disruptive but inevitable move to AFA[36]. The most recent approach intended to promote access to justice at proportionate cost is the Jackson Report in 2013. The idea is to dissuade avoidable claims from going to court[37]. According to the MoJ spokesman à ¢Ã¢â€š ¬Ã‹Å"this will require changes to legal rules and regulationsà ¢Ã¢â€š ¬Ã¢â€ž ¢[38].There can be no doubt that the Jackson reforms comprise significant changes[39] to civil procedure and will have a wide-ranging impact. However, the impact remains solely on how future court reports on their application and how alterations will really work in practice. The Access to Justice Act 1999 (ss 27-31), together with the Conditional Fee Order 2013, reformed the law relating to conditional fees with the intention to discourage weak cases and encourage settlements. Conditional fee agreements play a valuable role in helping people with valid claims to obtain access to justice.[40] This Order implementsSection 44of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which eradicates recoverability of success fees from the losing party in relation to any conditional fee agreements[41]. Insofar, it can be further argued that there has been an optimistic approach to allow potential individuals to access justice through legal aid system. WORD COUNT: 1540 Bibliography STATUTES: Access to Justice Act 1999 Conditional Fee Order 2013 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) Community Legal Service (Financial Amendment) Regulations 2007 Code (2007) CASES: O.F. v Norway [1984] CCPR/C/OP/2 at 44 (1990) Z.P. v Canada [1991] CCPR/C/41/D/341 Kelly v Jamaica [1991] CCPR/C/41/D/253 Estrella v Uruguay [1990] CCPR/C/OP/2 BOOKS: Gary Slapper Kelly, English Legal System, fourteenth edition, Routledge,2013 Ministry of Justice, makingsenseofHumanRights:Ashort introduction (summarybooklet), October2006 WEBSITES: https://www.lccsa.org.uk/assets/documents/consultation/carter%20review%2013072006.pdf , accessed on 02/12/2013 https://www.theguardian.com/law/2013/dec/13/further-legal-aid-restrictions-endangers-access-justice , accessed on 16/12/2013 https://www.gov.uk/legal-aid/eligibility ,accessed on 13/12/2013 https://www.nuigalway.ie/sites/eu-china-humanrights/seminars/ds0406d/marcela%20rodriguez-farrelly-eng.doc ,accessed on 13/12/13 https://www1.umn.edu/humanrts/gencomm/hrcom13.htm ,accessed on 12/12/13 www.justice.gov.uk , accessed on 12/12/2013 https://www.theguardian.com/law/2013/dec/13/committee-warns-legal-aid-cuts-may-breach-human-rights, accessed on 16/12/2013 https://www.legislation.gov.uk/ukpga/2012/10/contents/enacted accessed on 24/01/2014 accessed on 24/01/2014 https://www.newsquarechambers.co.uk/files/Newsletters/Legal%20Update%20-%20April%202013.pdf accessed on 24/01/2014 https://www.rawlisonbutler.com/news/22342 accessed on 25/01/2014 https://www.lawgazette.co.uk/64021.article accessed on 25/01/2014 https://www.lawdable.com/2009/02/articles/practice-areas/alternative-fee-arrangements-gain-traction/ accessed on 25/01/2014 https://www.hgexperts.com/article.asp?id=7551 accessed on 25/01/2014 https://www.afalaw.co.uk/ accessed on 26/01/2014 [1] Gary Slapper Kelly, English Legal System, fourteenth edition, Routledge,2013,page 651 [2] Ibid [3] https://www.lccsa.org.uk/assets/documents/consultation/carter%20review%2013072006.pdf, pg 3, accessed on 02/12/2013 [4] Ibid [5] www.justice.gov.uk accessed on 12/12/2013 [6] Ibid [7] Ibid [8] Gary Slapper Kelly, English Legal System, fourteenth edition, Routledge,2013,page 661 [9] https://www.theguardian.com/law/2013/dec/13/further-legal-aid-restrictions-endangers-access-justice, accessed on 16/12/2013 [10] Ibid [11] https://www.theguardian.com/law/2013/dec/13/further-legal-aid-restrictions-endangers-access-justice, accessed on 16/12/2013 [12] https://www.theguardian.com/law/2013/dec/13/further-legal-aid-restrictions-endangers-access-justice, accessed on 16/12/2013 [13] Ibid [14] Ibid [15] Ministry of Justice, makingsenseofHumanRights:Ashort introduction (summarybooklet), October2006, page 19 [16] Ibid [17] Ibid [18] https:// www.nuigalway.ie/sites/eu-china-humanrights/seminars/ds0406d/marcela%20rodriguez-farrelly-eng.doc accessed on 13/12/2013 [19]Ibid [20] https://www.gov.uk/legal-aid/eligibility, accessed on 13/12/2013 [21] https://www.theguardian.com/law/2013/dec/13/committee-warns-legal-aid-cuts-may-breach-human-rights, accessed on 16/12/2013 [22] Ibid [23] O.F. v Norway [1984] CCPR/C/OP/2 at 44 (1990) [24]https://www.nuigalway.ie/sites/eu-china-humanrights/seminars/ds0406d/marcela%20rodriguez-farrelly-eng.doc page 6, paragraph 5 accessed on 13/12/2013 [25] Ibid [26] Ibid [27] Z.P. v Canada [1991] CCPR/C/41/D/341 [28] Ibid [29] https://www1.umn.edu/humanrts/gencomm/hrcom13.htm, HRC Comment 13, paragraph 9, accessed on 12/12/13 [30] Kelly v Jamaica [1991] CCPR/C/41/D/253 [31] ibid [32] Estrella v Uruguay [1990] CCPR/C/OP/2 [33] Estrella v Uruguay [1990] CCPR/C/OP/2 [34] https://www.afalaw.co.uk/ accessed on 26/01/2014 [35] https://www.lawdable.com/20 09/02/articles/practice-areas/alternative-fee-arrangements-gain-traction/ accessed on 25/01/2014 [36] https://www.hgexperts.com/article.asp?id=7551 accessed on 25/01/2014 [37] https://www.rawlisonbutler.com/news/22342 accessed on 25/01/2014 [38] https://www.lawgazette.co.uk/64021.article accessed on 25/01/2014 [39] https://www.newsquarechambers.co.uk/files/Newsletters/Legal%20Update%20-%20April%202013.pdf accessed on 24/01/2014 [40] Gary Slapper Kelly, English Legal System, fourteenth edition, Routledge,2013 [41] https://www.legislation.gov.uk/ukpga/2012/10/contents/enacted accessed on 24/01/2014