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Author : Andrew Byrnes
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (128 download)
Download or read book The Right to Fair Trial in International & Comparative Perspective written by Andrew Byrnes and published by . This book was released on 1997 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Attila Badó
Publisher : Springer Science & Business Media
ISBN 13 : 3319012169
Total Pages : 248 pages
Book Rating : 4.3/5 (19 download)
Download or read book Fair Trial and Judicial Independence written by Attila Badó and published by Springer Science & Business Media. This book was released on 2013-10-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.
Author : Amal Clooney
Publisher : Oxford University Press
ISBN 13 : 0192536087
Total Pages : 500 pages
Book Rating : 4.1/5 (925 download)
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Author : Sabine Gless
Publisher : Springer
ISBN 13 : 9783030125196
Total Pages : 380 pages
Book Rating : 4.1/5 (251 download)
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-05-10 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Stephen C. Thaman
Publisher : Springer Science & Business Media
ISBN 13 : 9400753489
Total Pages : 456 pages
Book Rating : 4.4/5 (7 download)
Download or read book Exclusionary Rules in Comparative Law written by Stephen C. Thaman and published by Springer Science & Business Media. This book was released on 2012-12-31 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : D. Weissbrodt
Publisher : Springer
ISBN 13 : 9783642602740
Total Pages : 0 pages
Book Rating : 4.6/5 (27 download)
Download or read book The Right to a Fair Trial written by D. Weissbrodt and published by Springer. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume contains the papers submitted to the International Symposium on "The Right to a Fair Trial" held at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. The Symposium undertook one of the most comprehensive surveys in recent times of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and international law. Well-known specialists assess to which extent these standards have actually been implemented in national legal systems and what reforms are necessary to enhance the effectiveness of international human rights law in this area.
Author : Collins Mbuayang
Publisher :
ISBN 13 : 9789462368576
Total Pages : 0 pages
Book Rating : 4.3/5 (685 download)
Download or read book The Right to a Fair Trial in International Criminal Proceedings written by Collins Mbuayang and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the right to a fair trial in international criminal proceedings from a human rights perspective, drawing mainly from General Comments, Individual Communications to the Human Rights Committee and the jurisprudence of international criminal tribunals and courts. The author shows the extent to which international and hybrid criminal courts, specifically ICTY and ICTR, uphold human rights standards as laid down in the ICCPR. Even though these ad hoc tribunals have been criticized for lengthy trials, they have generously granted accused individuals enormous privileges, such as the right to self-representation, which is not possible in the ECtHR. To reconcile this situation, the author proposes that the ad hoc tribunals could adopt the approach of the ECtHR with regards to length of proceedings, while the ECtHR can learn from the ad hoc tribunals with regards to self-representation.
Author : Amal Clooney
Publisher :
ISBN 13 : 9780191846113
Total Pages : 931 pages
Book Rating : 4.8/5 (461 download)
Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by . This book was released on 2020 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Right to a Fair Trial in International Law" brings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges in court face. Each of the book's fifteen chapters deal with one component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides a valuable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Author : Arman Sarvarian
Publisher : British Institute for International & Comparative Law
ISBN 13 : 9781905221608
Total Pages : 0 pages
Book Rating : 4.2/5 (216 download)
Download or read book Procedural Fairness in International Courts and Tribunals written by Arman Sarvarian and published by British Institute for International & Comparative Law. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]
Author : Fenella M. W. Billing
Publisher : Springer
ISBN 13 : 9783319420332
Total Pages : 0 pages
Book Rating : 4.4/5 (23 download)
Download or read book The Right to Silence in Transnational Criminal Proceedings written by Fenella M. W. Billing and published by Springer. This book was released on 2016-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Author : Cristina Teleki
Publisher : BRILL
ISBN 13 : 9004447490
Total Pages : 392 pages
Book Rating : 4.0/5 (44 download)
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author : Yvonne McDermott
Publisher : Oxford University Press
ISBN 13 : 0191060402
Total Pages : 220 pages
Book Rating : 4.1/5 (91 download)
Download or read book Fairness in International Criminal Trials written by Yvonne McDermott and published by Oxford University Press. This book was released on 2016-01-21 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.
Author : Tyrone Kirchengast
Publisher : Taylor & Francis
ISBN 13 : 1317002296
Total Pages : 254 pages
Book Rating : 4.3/5 (17 download)
Download or read book Victimology and Victim Rights written by Tyrone Kirchengast and published by Taylor & Francis. This book was released on 2016-10-04 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Andrew Byrnes
Publisher : Centre
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.F/5 ( download)
Download or read book The Right to Fair Trial in International & Comparative Perspective written by Andrew Byrnes and published by Centre. This book was released on 1997 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fu Hua Ling: The right to fair trial in China.
Author : Javaid Rehman
Publisher : BRILL
ISBN 13 : 9004466185
Total Pages : 481 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2021-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287142979
Total Pages : 168 pages
Book Rating : 4.1/5 (429 download)
Download or read book The Right to a Fair Trial written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2000-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.
