The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights And Its Functions In Criminal Justice Of Selected European Countries
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The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights And Its Functions In Criminal Justice Of Selected European Countries
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Author : Malgorzata Wasek-Wiaderek (Auteur)
language : en
Publisher: Leuven University Press
Release Date : 2000
The Principle Of Equality Of Arms In Criminal Procedure Under Article 6 Of The European Convention On Human Rights And Its Functions In Criminal Justice Of Selected European Countries written by Malgorzata Wasek-Wiaderek (Auteur) and has been published by Leuven University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
Fair Trials
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Author : Sarah J Summers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-08-10
Fair Trials written by Sarah J Summers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-10 with Law categories.
The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.
Reed And Murdoch Human Rights Law In Scotland
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Author : Jim L Murdoch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-03-17
Reed And Murdoch Human Rights Law In Scotland written by Jim L Murdoch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-17 with Law categories.
Human Rights Law in Scotland, Fourth Edition provides essential practical guidance to the Scottish legal profession. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR (European Court of Human Rights) jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The fourth edition of this highly regarded work has been fully updated to reflect legislative changes to the Scotland Act 2012 (amending the Scotland Act 1998) and coverage of two new Protocols to the ECHR, as well as new case law and developments in jurisprudence. This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and up-to-date guide to the application of European human rights law in Scotland. Previous print edition ISBN: 9781847665560
Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law
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Author : Triestino Mariniello
language : en
Publisher: BRILL
Release Date : 2021-02-01
Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law written by Triestino Mariniello and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with Law categories.
For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).
Handbook On The European Convention On Human Rights
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Author : Mark Eugen Villiger
language : en
Publisher: BRILL
Release Date : 2022-12-05
Handbook On The European Convention On Human Rights written by Mark Eugen Villiger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Law categories.
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
International Criminal Justice
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Author : Michael Bohlander
language : en
Publisher: Cameron May
Release Date : 2007
International Criminal Justice written by Michael Bohlander and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Victimology And Victim Rights
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Author : Tyrone Kirchengast
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04
Victimology And Victim Rights written by Tyrone Kirchengast and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.
Applications Of The Fair Hearing Norm In Echr Article 6 1 To Civil Proceedings
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Author : Ola Johan Settem
language : en
Publisher: Springer
Release Date : 2015-12-15
Applications Of The Fair Hearing Norm In Echr Article 6 1 To Civil Proceedings written by Ola Johan Settem and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-15 with Law categories.
This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.
European Criminal Law
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Author : Kai Ambos
language : en
Publisher:
Release Date : 2018-06-07
European Criminal Law written by Kai Ambos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-07 with Law categories.
European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.
The Internationalisation Of Criminal Evidence
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Author : John D. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-19
The Internationalisation Of Criminal Evidence written by John D. Jackson 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 2012-01-19 with Law categories.
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.