The European Criminal Procedural Tradition and the European Court of Human Rights
By (author) Sarah Summers
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Fair Trials by Sarah Summers
Book DescriptionThe 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.
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Book DetailsISBN: 9781841137308
(234mm x 156mm x 16mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 9-Aug-2007
Country of Publication: United Kingdom
Books By Author Sarah Summers
Emergence of EU Criminal Law, Hardback (August 2014)
This book deals with the emerging EU framework for creating, harmonizing and ensuring the application of EU criminal law.
Human Rights in Criminal Proceedings, Hardback (April 2005)» View all books by Sarah Summers
Presenting the case-law of the international bodies dealing with the human rights in criminal proceedings, this book critically examines them. It places emphasis on the European Court and Commission of Human Rights as well as the application of the International Covenant on Civil and Political Rights and the American Convention on Human Rights.
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Author Biography - Sarah Summers
Sarah J Summers is Oberassistentin in criminal law and procedure,at the University of Zurich, Switzerland and a researcher at the Max Planck Institute for Foreign and International Criminal Law in Freiburg i Br, Germany.
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