and due process of law.47 In her seminal work, Khair asserts
that the fundamental purposes of providing access to justice
are to ensure that every person is able to invoke the legal
process for redress, irrespective of social or economic status
or other incapacity; and also to ensure that every person
receives just and fair treatment within the legal system.48
However, the concept of access to justice developed through
phases of reforms with shifts in focus. As Cranston traces,
access to justice reforms to three distinct waves: the first
wave began in the early 1960s involving the extension of
legal aid; the second wave concentrated on the
representation of diffuse or collective interests, for example,
consumers and environmentalists, and involved standing
rules, multi-party actions and so on, and the third wave,
incorporating elements from the earlier waves, went on to
expand legal representation and improve adjudicative
procedures to accommodate different types of litigations
and issues.49 According to Khair, these initiatives, in essence,
were concerned with ensuring ‘social access’ by making
individuals and groups aware of their legal rights and
enabling them to obtain legal services to invoke those
rights.50
Ideally, the legal system is meant to operate as a premise
49
R Cranston, “Access to Justice in South and South-East Asia,” in Julio Faundez
(ed), Good Governance and Law, Legal and Institutional Reform in Developing
Countries (London: MacMillan Press Ltd., 1997), 233.
50
Khair, Legal Empowerment for the Poor, 5.
44