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Collective Access to JusticeAssessing the Potential of Class Actions in England and Wales$
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Michael Molavi

Print publication date: 2021

Print ISBN-13: 9781529210002

Published to Policy Press Scholarship Online: September 2021

DOI: 10.1332/policypress/9781529210002.001.0001

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(p.121) Five Conclusion
Collective Access to Justice

Michael Molavi

Policy Press

This chapter affirms that the current landscape of collective claims-making leaves a major access-to-justice gap that demands reform. It talks about a basic lesson that the globalization of class actions has taught reformers, which emphasizes that legal transplants cannot be wholly adapted into new jurisdictions without accounting for differences in legal culture, history, and politics. It also refers to the role of litigation in democracy, in which the use of private enforcement aligns with a state's regulatory governance framework and the desirability of economically enabling private actors to pursue litigation for public goals. The chapter discusses the proliferation of class actions that reflect a recognition by policymakers of the need for new procedures to adequately protect groups of vulnerable people against powerful private and public entities. It elaborates the need for procedural mechanisms in order to give effect to existing substantive laws.

Keywords:   justice gap, globalization, class actions, private enforcement, private actors, substantive laws, access to justice, collective claims-making

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