Fair Trial and Judicial Independence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fair Trial and Judicial Independence write by Attila Badó. This book was released on 2013-10-23. Fair Trial and Judicial Independence available in PDF, EPUB and Kindle. 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.
Reason and Fairness
Reason and Fairness - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reason and Fairness write by Ulrike Müßig. This book was released on 2019-07-08. Reason and Fairness available in PDF, EPUB and Kindle. Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.
Due Process and Fair Trial in EU Competition Law
Due Process and Fair Trial in EU Competition Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Due Process and Fair Trial in EU Competition Law write by Cristina Teleki. This book was released on 2021-05-17. Due Process and Fair Trial in EU Competition Law available in PDF, EPUB and Kindle. In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
The Right of an Accused to a Fair Trial
The Right of an Accused to a Fair Trial - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right of an Accused to a Fair Trial write by Bahma Sivasubramaniam. This book was released on 2013. The Right of an Accused to a Fair Trial available in PDF, EPUB and Kindle. It is a sacrosanct principle of the due process of law that the right of the accused to a fair trial should be observed. A condition precedent to that requirement is that he should be tried by an independent and impartial tribunal. Whilst the concepts of judicial independence and impartiality have been explored extensively in national jurisdictions, they have not been examined vis-à-vis the international arena. The increase in the number of international criminal tribunals corresponded with an increase in the size of the international judiciary. It is therefore vital that there remains in place, a body of uniformly applicable standards of international judicial independence and impartiality which would provide guidelines to international practice. The research undertaken raises interesting questions, such as the sources of these principles, the mechanism of their application in the national and international arenas, in particular to international criminal courts. It explores the relationships between the national and international standards and concludes that standards of independence and impartiality are applicable as of right to international criminal proceedings and validation through international human rights instruments, statutes and jurisprudence of the international criminal tribunals is not necessary. A comparative study has been made with national and international standards of fair trial, independence and impartiality. It is the premise of this thesis that the latter two concepts are necessary for the guarantee of the fair trial right. Jurisprudence of regional, national and international courts was explored to support this aim with particular attention focussed on the international criminal tribunal and the permanent international court. Finally, a conclusion is formed on the independence and impartiality of the international judiciary and the efficacy of the international criminal judicial system in ensuring that the right of the accused to receive a fair trial.
The right to a fair trial - Requirements of impartiality and independence under Articles 14 (1) ICCPR, 8 (1) IACHR and 6 (1) ECHR in relation to military courts
The right to a fair trial - Requirements of impartiality and independence under Articles 14 (1) ICCPR, 8 (1) IACHR and 6 (1) ECHR in relation to military courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The right to a fair trial - Requirements of impartiality and independence under Articles 14 (1) ICCPR, 8 (1) IACHR and 6 (1) ECHR in relation to military courts write by Volker Schleiff. This book was released on 2008-11-19. The right to a fair trial - Requirements of impartiality and independence under Articles 14 (1) ICCPR, 8 (1) IACHR and 6 (1) ECHR in relation to military courts available in PDF, EPUB and Kindle. Master's Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 4.5 (CH!), University of Bern (Institut für öffentliches Recht), language: English, abstract: It is the aim of this thesis to analyse the framework and relevant case law on requirements of independence and impartiality under Article 14 (1) ICCPR, Article 8 (1) IACHR and Article 6 (1) ECHR in relation to military courts. One has to bear in mind that most of the judgments discussed were not solely concerned with questions of impartiality and independence, but also with other fundamental rights, thus the paper has to be read in a context and framework of rights entrenched in the respective Convention or Covenant. Military Courts are not a new phenomenon, they were (and are) a feature of the military system and were originally intended as a tool to uphold a structure which is rooted in vertical influence, thus they have a direct nexus to the executive branch of the state which makes them relatively easy to set up and control on the other hand however, due to their proximity to other branches of the state they can blur the line of the underlying principle – separation of powers -. Several problems spring from the latter aspect[...]. Another problem, which will be also discussed below is that of scrutiny, open courts are subject to public scrutiny whereas military or even partly military courts often lack any form of control. This line of reasoning leads to two characteristical groups of cases, firstly cases involving civilians which are trialled by a military court often in relation to state security issues, the other problem is that of impunity where members of the military sit trial over comrades often resulting in an impunity verdict. Bearing these two groups of cases in mind an approach was taken, first to set out the relevant international legal framework and principles on independence and impartiality, the next part will then, building on the former, analyse the state reports and case law. In doing so it will be shown, in how far the different controlling bodies have developed the requirements of independence and impartiality up to the current date and have found consensus in areas i.e. trial of civilians before military courts but differ in their approach to prevent the latter. After a first overview of the case law it became clear that the gravest interference with the fair trial right has occurred in South America, having said this, at the core of this paper is the analysis of case law before the Inter American Commission of Human Rights and the Inter American Court.
