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Author: Attila Badó
Publisher: Springer Science & Business Media
ISBN: 3319012169
Category : Law
Languages : en
Pages : 259
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Book Description
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: Attila Badó
Publisher: Springer Science & Business Media
ISBN: 3319012169
Category : Law
Languages : en
Pages : 259
Get Book Here
Book Description
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: Ulrike Müßig
Publisher: BRILL
ISBN: 9004393722
Category : Law
Languages : en
Pages : 676
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Book Description
Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.
Author: Bahma Sivasubramaniam
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
It is a sacrosanct principle of the due process of law that the right of the accused to a fair trial should be observed. A condition precedent to that requirement is that he should be tried by an independent and impartial tribunal. Whilst the concepts of judicial independence and impartiality have been explored extensively in national jurisdictions, they have not been examined vis-à-vis the international arena. The increase in the number of international criminal tribunals corresponded with an increase in the size of the international judiciary. It is therefore vital that there remains in place, a body of uniformly applicable standards of international judicial independence and impartiality which would provide guidelines to international practice. The research undertaken raises interesting questions, such as the sources of these principles, the mechanism of their application in the national and international arenas, in particular to international criminal courts. It explores the relationships between the national and international standards and concludes that standards of independence and impartiality are applicable as of right to international criminal proceedings and validation through international human rights instruments, statutes and jurisprudence of the international criminal tribunals is not necessary. A comparative study has been made with national and international standards of fair trial, independence and impartiality. It is the premise of this thesis that the latter two concepts are necessary for the guarantee of the fair trial right. Jurisprudence of regional, national and international courts was explored to support this aim with particular attention focussed on the international criminal tribunal and the permanent international court. Finally, a conclusion is formed on the independence and impartiality of the international judiciary and the efficacy of the international criminal judicial system in ensuring that the right of the accused to receive a fair trial.
Author: Volker Schleiff
Publisher: GRIN Verlag
ISBN: 3640215966
Category : Law
Languages : en
Pages : 69
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Book Description
Master's Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 4.5 (CH!), University of Bern (Institut für öffentliches Recht), language: English, abstract: It is the aim of this thesis to analyse the framework and relevant case law on requirements of independence and impartiality under Article 14 (1) ICCPR, Article 8 (1) IACHR and Article 6 (1) ECHR in relation to military courts. One has to bear in mind that most of the judgments discussed were not solely concerned with questions of impartiality and independence, but also with other fundamental rights, thus the paper has to be read in a context and framework of rights entrenched in the respective Convention or Covenant. Military Courts are not a new phenomenon, they were (and are) a feature of the military system and were originally intended as a tool to uphold a structure which is rooted in vertical influence, thus they have a direct nexus to the executive branch of the state which makes them relatively easy to set up and control on the other hand however, due to their proximity to other branches of the state they can blur the line of the underlying principle – separation of powers -. Several problems spring from the latter aspect[...]. Another problem, which will be also discussed below is that of scrutiny, open courts are subject to public scrutiny whereas military or even partly military courts often lack any form of control. This line of reasoning leads to two characteristical groups of cases, firstly cases involving civilians which are trialled by a military court often in relation to state security issues, the other problem is that of impunity where members of the military sit trial over comrades often resulting in an impunity verdict. Bearing these two groups of cases in mind an approach was taken, first to set out the relevant international legal framework and principles on independence and impartiality, the next part will then, building on the former, analyse the state reports and case law. In doing so it will be shown, in how far the different controlling bodies have developed the requirements of independence and impartiality up to the current date and have found consensus in areas i.e. trial of civilians before military courts but differ in their approach to prevent the latter. After a first overview of the case law it became clear that the gravest interference with the fair trial right has occurred in South America, having said this, at the core of this paper is the analysis of case law before the Inter American Commission of Human Rights and the Inter American Court.
Author: B. C. Smith
Publisher: Taylor & Francis
ISBN: 1000786439
Category : Political Science
Languages : en
Pages : 326
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Book Description
This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Author: Armin von Bogdandy
Publisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478
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Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author: Robert Giles
Publisher: Routledge
ISBN: 1351525360
Category : Language Arts & Disciplines
Languages : en
Pages : 162
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Book Description
Covering the Courts shows how writers and journalists deal with present-day major trials, such as those involving Timothy McVeigh and O.J. Simpson. The volume features such outstanding contributors as Linda Deutsch and Fred Graham, and provides an in-depth look at the performance of the court in an age of heightened participation by reporters, camera operators, social scientists, major moguls of network radio and television, and advocates of special causes.The volume does far more than discuss specific cases. Indeed, it is a major tool in the study of the new relationships between a free press and a fair trial. Interestingly, a consensus is described in which the parties involved in efforts to balance freedom of the press and the right to a fair trial are moving in tandem. In this regard, sensitive issues ranging from the universality of law to the particularity of racial, religious, and gender claims, are explored with great candor.The volume also turns the intellectual discourse to its major players: the members of the press, the lawyers, and the judiciary. Has there been a shift from reporting functions to entertainment values? Does television and live presentation shift the burden from the contents of a case to the photogenic and star quality of players? What excites and intrigues the public: serious disturbances to the peace and mass mayhem, such as the Oklahoma bombings or sexual adventures of entertainment and sports figures? The findings are sometimes disturbing, but the reading is never dull. This book will be of interest to journalists, lawyers, and the interested general public.This volume is the latest in the Transaction Media Studies Series edited by Everette E. Dennis, dean of the school of communication at Fordham University. The volume itself is edited by Robert Giles, the editor, and Robert W. Snyder, the managing editor, of Media Studies Journal. The original contributions were initially presented at The Freedom Forum and its Media Studies Center.
Author: Amal Clooney
Publisher: Oxford University Press, USA
ISBN: 0198808399
Category : Law
Languages : en
Pages : 1057
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Book Description
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Author: Cristina Teleki
Publisher: BRILL
ISBN: 9004447490
Category : Business & Economics
Languages : en
Pages : 392
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Book Description
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: Paulo Pinto de Albuquerque
Publisher: Springer Nature
ISBN: 3030207447
Category : Law
Languages : en
Pages : 671
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Book Description
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
