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.
|Country of origin:
||Criminal Law Library
• Sarah Spencer
||Electronic book text - Windows
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!