Format:
1 Online-Ressource (xx, 188 Seiten)
ISBN:
9781472564030
Series Statement:
Criminal law library 4
Content:
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
Note:
Dissertation Universität Zürich 2006
,
Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily
Additional Edition:
ISBN 9781841137308
Additional Edition:
Erscheint auch als Druck-Ausgabe Summers, Sarah J. Fair trials: the European criminal procedural tradition and the European Court of Human Rights Oxford [u.a.] : Hart, 2007 ISBN 1841137308
Additional Edition:
ISBN 9781841137308
Language:
English
Subjects:
Law
Keywords:
Strafverfahrensrecht
;
Europäischer Gerichtshof für Menschenrechte
;
Hochschulschrift
DOI:
10.5040/9781472564030
URL:
Volltext
(lizenzpflichtig)
URL:
Volltext
(lizenzpflichtig)
