Understanding Due Process in Non-Criminal Matters How to Harmonize Procedural Guarantees with the Right to Access to Justice /
| Hlavní autor: | |
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| Korporativní autor: | |
| Shrnutí: | XVIII, 281 p. 8 illus. text |
| Jazyk: | angličtina |
| Vydáno: |
Cham :
Springer International Publishing : Imprint: Springer,
2022.
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| Vydání: | 1st ed. 2022. |
| Edice: | Ius Gentium: Comparative Perspectives on Law and Justice,
97 |
| Témata: | |
| On-line přístup: | https://doi.org/10.1007/978-3-030-95534-2 |
| Médium: | Elektronický zdroj Kniha |
Obsah:
- Introduction
- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process
- Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process. - Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters
- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America
- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs
- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems
- A methodology to study two regional human rights protection systems
- The Inter-American Court of Human Rights case law on due process over civil matters
- TheEuropean Court of Human Rights case law on due process over civil or non-criminal matters
- A brief comparison between both regional systems
- Part IV. Procedural Due Process in the American Legal System
- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights
- The path of procedural due process into the American Constitution. Scope of application
- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands
- Why civil and criminal procedures require different theories on procedural due process
- .The right to a court as a key to understanding the right to a fair trial in civil matters
- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile
- Conclusions.