Overview
- Shows correlations between jurisprudence and the way in which sociological, cultural, and political factors may affect legislation, fair trial rights, and the judiciary
- Covers a wide array of topics and provides valuable insights into fair trail in different legal systems
- Provides a thorough examination of the manifestation of the most significant elements inherent in the fair trial concept
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 27)
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About this book
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.
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Table of contents (10 chapters)
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Front Matter
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Fair Trial and Judicial Independence in a Comparative Perspective
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Front Matter
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A Comparative Approach to Analysing the Right to a Fair Trial in Light of Modern Political Challenges
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Front Matter
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A Comparative Analysis of Some Basic Fair Trial Elements
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Front Matter
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Editors and Affiliations
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Bibliographic Information
Book Title: Fair Trial and Judicial Independence
Book Subtitle: Hungarian Perspectives
Editors: Attila Badó
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-01216-2
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2014
Hardcover ISBN: 978-3-319-01215-5Published: 07 November 2013
Softcover ISBN: 978-3-319-37493-2Published: 23 August 2016
eBook ISBN: 978-3-319-01216-2Published: 23 October 2013
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XVII, 248
Number of Illustrations: 2 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law, Political Science, Constitutional Law
Keywords
- (Un)reasonable Delay
- Administration of Courts
- Administration of Justice
- Comparative Analysis of Judicial Power
- Comparative Analysis of Judicial Power
- Comparative Analysis of Judicial Power
- Comparative Law and Fair Trial
- Delay Justice is Injustice
- Double Jeopardy Protections Against Multiple Punishments
- Evaluation of Evidence
- Fair Trial Standards
- Fair Trial a Comparative Analysis
- Fair Trial and Judicial Independence
- Fair Trial and Judicial Independence
- Fairness in the Distribution of Cases
- Impartiality and the Fair Trial Principle
- Islamic and European Constitutional Thought
- Judicial Independence
- Judicial Independence and Fair Trail
- Judicial Selection Systems
- National Security from a Comparative Perspective
- Organizational Issues in Judicature
- Right to Defense as a Fair Trial Principle
- Right to a Fair Trial
- Trial Systems Outside of Europe
- ne bis in idem” Principle