UN GRAIN DE SABLE DANS L’ENGRENAGE DU SYSTÈME JURIDIQUE. LES JUSTICIABLES NON REPRÉSENTÉS: PROBLÈMES OU SYMPTÔMES?

The number of self-represented litigants [SRL] that are trying to defend by themselves their rights are increasing constantly, even in the highest tribunals. This situation is not without consequences for both the actors of the legal system and the SRL themselves. In the last years, many initiatives...

Full description

Bibliographic Details
Main Authors: Emmanuelle Bernheim, Richard-Alexandre Laniel
Format: Article
Language:English
Published: University of Windsor 2013-02-01
Series:The Windsor Yearbook of Access to Justice
Online Access:https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4310
Description
Summary:The number of self-represented litigants [SRL] that are trying to defend by themselves their rights are increasing constantly, even in the highest tribunals. This situation is not without consequences for both the actors of the legal system and the SRL themselves. In the last years, many initiatives have been taken in order to contain the negative effects of the presence of SRL in the system. In this article, the authors are analysing the discourse coming from the legal doctrine on the phenomenon of self-representation. First of all, they find that SRL are generally held as the only responsible for the annoying consequences provoked by their very presence. Secondly, they demonstrate that the majority of the solutions submitted in the literature are meant to maintain the normal functioning of the legal system, without submitting any holistic or systematic solutions. Finally, they consider the possibility that it would be the paradigmatic basis of the legal thinking that is the principal barrier for a global assessment of the problematic and for the implementation of efficient solutions.
ISSN:2561-5017