Un/Equal Access to Justice in the Age of Digitalisation? – UK and German Perspectives

The provision of equal access to justice is a question of equity and justice and has therefore been named a core element of the rule of law in a democratic society. It is the most basic human right and the procedural equivalent of Hannah Arendt’s ‘right to have rights’.

However, empirical sociolegal research has produced ample evidence on how unequal access is in reality, particularly for migrants, socially disadvantaged persons and other vulnerable groups in society. The classic instrument for reducing socio-economic inequalities is legal aid. Even though the UK and Germany have different systems, long-term developments seem quite similar. Both systems are currently in crisis due to, among other things, financial cuts and regulatory restrictions.

Against this backdrop, digitisation of legal services through online platforms and digitalised procedures appear to be the ‘golden path’ to ushering in a new era of access to justice for all. But does that promise hold true? Which opportunities and risks does digitalisation of legal services and justice systems actually bring with it?

In the workshop, we will discuss these topics with socio-legal scholars and practitioners from the UK and Germany in a comparative perspective. England and Wales have undergone a far-reaching shift towards digitalisation in recent years, so we will in particular look at lessons that can be learned from this development and identify similarities and differences in regard to Germany. We will also discuss ways forward in interactive group discussions with the participants of the workshop.

The workshop will be held in English. In order to promote inclusiveness, participants are free to contribute in German.