Fair Trial and Judicial Independence, 1st Edition

  • Published By:
  • ISBN-10: 3319012169
  • ISBN-13: 9783319012162
  • DDC: 347.43905
  • Grade Level Range: College Freshman - College Senior
  • 248 Pages | eBook
  • Original Copyright 2014 | Published/Released December 2014
  • This publication's content originally published in print form: 2014

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This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.‚Äč

Table of Contents

Front Cover.
Half Title Page.
Other Frontmatter.
Title Page.
Copyright Page.
About the Authors.
1: Fair Trial and Judicial Independence in a Comparative Perspective.
2: A Comparative Analysis of Judicial Power, Organisational Issues in Judicature and the Administration of Courts.
3: ‘Fair’ Selection of Judges in a Modern Democracy.
4: ‘As luck would have it…’: Fairness in the Distribution of Cases and Judicial Independence.
5: A Comparative Approach to Analysing the Right to a Fair Trial in Light of Modern Political Challenges.
6: An Overview of Fair Trial Standards and National Security from a Comparative Perspective.
7: ‘In All Fairness…’: A Comparative Analysis of the Past, Present and Future of Fair Trial Systems Outside of Europe.
8: A Comparative Analysis of Some Basic Fair Trial Elements.
9: ‘To Delay Justice Is Injustice’: A Comparative Analysis of (Un)reasonable Delay.
10: A Comparative Approach to the Evaluation of Evidence from a ‘Fair Trial’ Perspective.
11: A Comparative Overview of Publicity in the Administration of Justice.
12: ‘Not Twice for the Same’: Double Jeopardy Protections Against Multiple Punishments.
13: The Path to the Waterhole: The Right to Defence as a Fundamental Element of the Fair Trial Principle – A Comparative Analysis of Islamic and European Constitutional Thought.