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Author: Mark Freeman
Publisher: Cambridge University Press
ISBN: 110732081X
Category : Political Science
Languages : en
Pages : 451
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Book Description
This is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness.
Author: Mark Freeman
Publisher: Cambridge University Press
ISBN: 110732081X
Category : Political Science
Languages : en
Pages : 451
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Book Description
This is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness.
Author: Jason Beer
Publisher: Oxford University Press
ISBN: 0199287775
Category : Law
Languages : en
Pages : 549
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Book Description
Public Inquiries is written and edited by expert practitioners who have appeared in some of the most significant public inquiry cases over the last decade. Bringing together their wealth of practical experience, this new work functions as a complete handbook for all practitioners in this field.
Author: Louis Blom-Cooper
Publisher: Bloomsbury Publishing
ISBN: 1509906800
Category : Law
Languages : en
Pages : 175
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Book Description
Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of 'Bloody Sunday' under Lord Saville's chairmanship, cost £200 million and took twelve and a half years (instead of two years). 'Never again', was the Government's muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are 'core participants' to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.
Author: William A. Schabas
Publisher: Springer Science & Business Media
ISBN: 1402032374
Category : Social Science
Languages : en
Pages : 277
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Book Description
Criminal justice for human rights abuses committed during periods of political repression or dictatorship is one of the great challenges to post-con?ict societies. In many cases, there has been no justice at all. Sometimes serious political concerns that e?orts at accountability might upset fragile peace settlements have militated in favour of no action and no accountability. In many cases, the outgoing tyrants have conditioned their departure upon a pledge that there be no prosecutions. But thinking on these issues has evolved considerably in recent years. Largely driven by the view that collective amnesia amounts to a violation of fundamental human rights, especially those of the victims of atrocities, attention has increasingly turned to the dynamics of post-con?ict accountability. At the high end of the range, of course, sit the new international criminal justice institutions: the ad hoc tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the various ‘‘hybrid’’ tribunals in Kosovo, East Timor and Cambodia, and the new International Criminal Court. But in terms of sheer numbers, the most signi?cant new institutions are truth and reconciliation commissions. Of va- able architecture, depending upon the prerogatives of the society in question and the features of the past con?ict, they have emerged as a highly popular mechanism within the toolbox of transitional justice. In some cases, the truth commission is held out as an alternative to criminal justice.
Author: Laverne Jacobs
Publisher: Routledge
ISBN: 1317023315
Category : Law
Languages : en
Pages : 416
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Book Description
’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law
Publisher:
ISBN:
Category : Grand jury
Languages : en
Pages : 648
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Book Description
Author: Stuart Farson
Publisher: Bloomsbury Publishing USA
ISBN: 031338469X
Category : Political Science
Languages : en
Pages : 362
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Book Description
This text presents a comparative, international study of commissions of inquiry that have been convened in response to extraordinary failures and scandals. In recent years, commissions of inquiry have been common to the politics of the United States, Britain, Canada, and Australia. Recent years have seen a much wider range of states establish commissions of inquiry into intelligence and security issues, and they have also played important roles in transitions in Latin America and Eastern Europe. Commissions of inquiry are no longer even the exclusive preserve of states, as transnational institutions such as the United Nations and European Union have begun to convoke them. This groundbreaking book comprehensively examines commissions of inquiry around the world, which have become important and increasingly invoked tools to discover truth, curb abuses, and reconcile national security imperatives with the constraints of law and human rights. It offers timely insights for national security analysts, government officials, diplomats, lawyers, scholars, human rights monitors, students, and citizens.
Author: John Gunn
Publisher: CRC Press
ISBN: 0340806281
Category : Law
Languages : en
Pages : 1039
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Book Description
Highly Commended, BMA Medical Book Awards 2014 Comprehensive and erudite, Forensic Psychiatry: Clinical, Legal and Ethical Issues, Second Edition is a practical guide to the psychiatry of offenders, victims, and survivors of crime. This landmark publication has been completely updated but retains all the features that made the first edition such a well-established text. It integrates the clinical, legal, and ethical aspects of forensic psychiatry with contributions from internationally regarded experts from a range of clinical professions. The Second Edition features updates to all current chapters and several new chapters that explore: The genetics of antisocial behavior Disorders of brain structure and function that relate to crime Offenders with intellectual disabilities Older people and the criminal justice system Deviant and mentally ill staff Although the book focuses on jurisdictions in the UK, a substantial comparative chapter written by an international group from all five continents explores the different philosophies, legal principles, and style of services elsewhere. This book is an essential reference for specialists and postgraduate trainees in forensic psychiatry but also for general psychiatrists, and clinical and forensic psychologists. It is also an invaluable resource for other forensic mental health professionals, including nurses, social workers, occupational therapists, probation service staff, police, attorneys, criminologists, and sociologists.
Author: Mark Elliott
Publisher: Oxford University Press, USA
ISBN: 0199237107
Category : Law
Languages : en
Pages : 902
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Book Description
Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of this change -The increasingly 'multi-layered' character of the British constitution Online Resource Centre Public Law is accompanied by a free, open-access Online Resource Centre (www.oxfordtextbooks.co.uk/orc/elliott_thomas) which offers the following resources to support students: - Figures from the book reproduced online - A list of useful websites for students - Regularly posted legal and political updates for the book - A testbank of questions for tutors to assess students' progress This book has been highly endorsed by lecturers for level of coverage, accuracy, and the manner in which the three themes provide an excellent backdrop to the book's content. 'I think it will be a very welcome addition to the range of text books available and I suspect that it will become my personal favourite.' - Barbara Mauthe; Lancaster University 'I found the book impressive and likely to be of interest and use to a great many. It is written in a style that is pitched about the right level. It was easy to understand and provides - for me - a good blend of black letter law and socio-political context' - David Mead; University of East Anglia Written by two experienced teachers of the subject, Public Law is an essential new text that focuses on what students need to engage with and understand this challenging subject.
Author: A.G. Noorani
Publisher: Oxford University Press
ISBN: 0199087784
Category : Law
Languages : en
Pages : 1071
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Book Description
This omnibus brings together two highly acclaimed volumes of essays written by India's leading constitutional expert and political commentator, A.G. Noorani. The volume also includes nine new essays that examine key issue areas that emerged in the debate on institutions and citizens' rights later. The essays explore the Indian Constitution and its basic structure, Parliament and the making of foreign policy, the issue of lobbying and the need for appropriate legislation, as also ethical codes for parliamentarians and ministers. Further, the omnibus includes a discussion of Courts and their powers of contempt, journalist's rights and freedom of information, in addition to an analysis of the choice of candidates by political parties. Written in the author's trademark lucid style, Constitutional Questions in India scrutinizes almost every constitutional problem that arose in the last two decades. The essays in this volume deal with issues concerning the President, Parliament, the states, the Judiciary, the Civil Services, the Election Commission, the armed forces and the process of accountability on which the constitutional machinery is based. Citizens' Rights, Judges and State Accountability follows the discussion of the executive and legislative branches with a discussion of India's institutions, the Judiciary, Civil Services and the elections, and various commissions of enquiry constituted by the government. It is supplemented with insights into the freedom of information and the citizen's rights to know, and specific articles on the Constitution, parliamentary resolutions, foreign policy, and the armed forces. While highlighting the process of accountability across these institutions, the volume demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.
