Exclusionary Rules In Comparative Law

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Exclusionary Rules In Comparative Law

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Author : Stephen C. Thaman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-31

Exclusionary Rules In Comparative Law written by Stephen C. Thaman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-31 with Law categories.

This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Do Exclusionary Rules Ensure A Fair Trial

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Author : Thomas Richter
language : en
Publisher:
Release Date : 2020-10-08

Do Exclusionary Rules Ensure A Fair Trial written by Thomas Richter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-08 with Law categories.

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People's Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.; This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

The Exclusionary Rule Of Evidence

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Author : Asst Prof Kuo-hsing Hsieh
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-12-28

The Exclusionary Rule Of Evidence written by Asst Prof Kuo-hsing Hsieh and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-28 with Law categories.

This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.

Exclusion From Public Space

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Author : Daniel Moeckli
language : en
Publisher: Cambridge University Press
Release Date : 2016-07-14

Exclusion From Public Space written by Daniel Moeckli and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-14 with Architecture categories.

This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.

The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings

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Author : Torsten Stirner
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2021-07-15

The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings written by Torsten Stirner and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.

This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Core Concepts In Criminal Law And Criminal Justice

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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16

Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

The Nature Of International Law

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Author : Miodrag A. Jovanović
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25

The Nature Of International Law written by Miodrag A. Jovanović and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-25 with Law categories.

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Judging At The Interface

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Author : Esmé Shirlow
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18

Judging At The Interface written by Esmé Shirlow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Law categories.

This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.

The Law Of State Immunity

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Author : Hazel Fox
language : en
Publisher: OUP Oxford
Release Date : 2013-08-29

The Law Of State Immunity written by Hazel Fox and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

Orders Of Exclusion

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Author : Kyle M. Lascurettes
language : en
Publisher: Oxford University Press
Release Date : 2020-03-31

Orders Of Exclusion written by Kyle M. Lascurettes and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-31 with Political Science categories.

When and why do powerful countries seek to enact major changes to international order, the broad set of rules that guide behavior in world politics? This question is particularly important today given the Trump administration's clear disregard for the reigning liberal international order in the United States. Across the globe, there is also uncertainty over what China might seek to replace that order with as it continues to amass power and influence. Together, these developments mean that what motivates great powers to shape and change order will remain at the forefront of debates over the future of world politics. Prior studies have focused on how the origins of international orders have been consensus-driven and inclusive. By contrast, Kyle M. Lascurettes argues in Orders of Exclusion that the propelling motivation for great power order building has typically been exclusionary. Dominant powers pursue fundamental changes to order when they perceive a major new threat on the horizon. Moreover, they do so for the purpose of targeting this perceived threat, be it another powerful state or a foreboding ideological movement. The goal of foundational rule writing in international relations, then, is blocking that threatening entity from amassing further influence, a motive Lascurettes illustrates at work across more than three hundred years of history. Far from falling outside of the bounds of traditional statecraft, order building is the continuation of power politics by other means.