The literature also
shows a broad consensus as to the desirable characteristics of a well-functioning legal
system. Another list produced by The Lord Chancellor's Department in its Evaluation (Note 19) may be taken to include typical desiderata :-
*
The system should be
just in the results it delivers.
*
It should be fair and
be seen to be so by :-
*
ensuring that litigants
have an equal opportunity, regardless of their resources, to assert or defend their legal
rights;
*
providing every
litigant with an adequate opportunity to state his own case and answer his opponent's;
*
treating like cases
alike.
*
Procedures and cost
should be proportionate to the nature of the issues involved.
*
It should deal with
cases with reasonable speed.
*
It should be
understandable to those who use it.
*
It should be responsive
to the needs of those who use it.
*
It should provide as
much certainty as the nature of particular cases allows.
*
It should be effective,
adequately resourced and organised.
EF, §1.10, reproducing
WIR, p 2, §3. See also WFR, p 2, §1. For a similar list produced by Hong Kong
commentators, see W&B, Prof M Wilkinson & J Burton, p 326. <back>