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Author : John Albert Andrews,United Kingdom National Committee of Comparative Law
Publisher : BRILL
Page : 460 pages
File Size : 49,5 Mb
Release : 1982-05-26
Category : Law
ISBN : 9024725526
Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.
Author : Jeremy McBride
Publisher : Council of Europe
Page : 529 pages
File Size : 42,7 Mb
Release : 2018-06-18
Category : Political Science
ISBN : 9789287187413
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Author : Timothy A. Gelatt,Lawyers Committee for Human Rights (U.S.)
Publisher : Unknown
Page : 112 pages
File Size : 45,5 Mb
Release : 1993
Category : China
ISBN : STANFORD:36105061112228
Author : Jeremy Gans,Terese Henning,Jill Hunter
Publisher : Unknown
Page : 518 pages
File Size : 47,5 Mb
Release : 2011
Category : Law
ISBN : 1862878382
"A comprehensive guide to the impact of human rights law upon Australian criminal process." --
Author : Stefan Trechsel,Sarah J. Summers
Publisher : Oxford University Press, USA
Page : 611 pages
File Size : 47,6 Mb
Release : 2005
Category : Law
ISBN : 0199271208
During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.
Author : Mireille Delmas-Marty
Publisher : Martinus Nijhoff Publishers
Page : 224 pages
File Size : 46,6 Mb
Release : 1995
Category : Law
ISBN : 9780792329442
The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor "Mireille Delmas-Marty" teaches at l'Universite de Paris I - Pantheon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of "The European Convention" "for the Protection of Human Rights, International Protection versus" "National Restrictions" (Martinus Nijhoff Publishers, 1992.)
Author : Paul Roberts,Jill Hunter
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 50,7 Mb
Release : 2012-05-18
Category : Law
ISBN : 9781847319463
Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Author : Alice M. Miller,Mindy Jane Roseman
Publisher : University of Pennsylvania Press
Page : 360 pages
File Size : 48,5 Mb
Release : 2019-02-08
Category : Political Science
ISBN : 9780812295757
Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.
Author : Ben Emmerson,Andrew Ashworth,Alison Macdonald,Mark A. Summers
Publisher : Sweet & Maxwell
Page : 1133 pages
File Size : 54,7 Mb
Release : 2012
Category : Law
ISBN : 9781847039118
A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
Author : Stephen Parmentier,Elmar G. M. Weitekamp
Publisher : Elsevier
Page : 128 pages
File Size : 44,9 Mb
Release : 2007-10-10
Category : Law
ISBN : 9780762313068
The first part of this book looks at several types of crimes, old and new, from the angle of human rights and human rights violations. The second part sketches the influence of the human rights paradigm on the criminal justice system in North America and Europe. The last part addresses issues relating to crime and human rights.
Author : Jack Beatson
Publisher : Hart Publishing
Page : 175 pages
File Size : 49,8 Mb
Release : 1999-12-14
Category : Law
ISBN : 9781841130507
"...Papers presented at the Cambridge Centre for Public Law's winter conference on 9-10 January 1999."--P. [vii].
Author : Kresimir Kamber
Publisher : BRILL
Page : 598 pages
File Size : 55,9 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004337763
In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.
Author : Malgorzata Wasek-Wiaderek (Auteur)
Publisher : Leuven University Press
Page : 68 pages
File Size : 51,7 Mb
Release : 2000
Category : Law
ISBN : 9058670902
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
Author : Alfred de Zayas,M. Cherif Bassiouni
Publisher : BRILL
Page : 530 pages
File Size : 54,6 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004636309
This compilation brings together all the relevant procedural norms and standards applicable to criminal processes, whether national, regional, or international. The instruments are systematically arranged, and the category listing is in chronological order. The procedural instruments are exhaustive, providing the reader with a single comprehensive source for all these norms and standards. Published under the Transnational Publishers imprint.
Author : Paul Roberts,Jill Hunter
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 48,5 Mb
Release : 2012-05-18
Category : Law
ISBN : 9781847319463
Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.