Автор: Sian Elias Название: Fairness in Criminal Justice: Golden Threads and Pragmatic Patches ISBN: 1108474357 ISBN-13(EAN): 9781108474351 Издательство: Cambridge Academ Рейтинг: Цена: 50690.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Chief Justice of New Zealand, Dame Sian Elias examines whether changes which many jurisdictions across the Commonwealth are currently making to the criminal justice system present a risk to the integrity of the system, fundamental human rights and the rule of law.
Автор: Jackson John Название: Obstacles to Fairness in Criminal Proceedings ISBN: 1782258353 ISBN-13(EAN): 9781782258353 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This volume considers the way in which the criminal law's current focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. Scholars from the disciplines of law, philosophy, and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice forcing different legal systems to interact with each other as they attempt to combat crime beyond national borders has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Procedural fairness expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights (ECHR) has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms-the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely, or predominantly, on defence rights as a means of ensuring that proceedings are 'fair' or legitimate. These issues are rarely discussed in the academic literature. Subject: Criminal Law, Human Rights Law]
Автор: Sian Elias Название: Fairness in Criminal Justice: Golden Threads and Pragmatic Patches ISBN: 1108463150 ISBN-13(EAN): 9781108463157 Издательство: Cambridge Academ Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Chief Justice of New Zealand, Dame Sian Elias examines whether changes which many jurisdictions across the Commonwealth are currently making to the criminal justice system present a risk to the integrity of the system, fundamental human rights and the rule of law.
This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings.
The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms - the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
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