Fair Trial and Judicial Independence

1. Front Matter

   Pages i-xvii

   PDF

2. Fair Trial and Judicial Independence in a Comparative Perspective

   1. Front Matter

      Pages 1-1

      PDF

   2. A Comparative Analysis of Judicial Power, Organisational Issues in Judicature and the Administration of Courts

      • Zoltán Fleck

      Pages 3-25

   3. ‘Fair’ Selection of Judges in a Modern Democracy

      • Attila Badó

      Pages 27-58

   4. ‘As luck would have it…’: Fairness in the Distribution of Cases and Judicial Independence

      • Attila Badó, Kata Szarvas

      Pages 59-73

3. A Comparative Approach to Analysing the Right to a Fair Trial in Light of Modern Political Challenges

   1. Front Matter

      Pages 75-75

      PDF

   2. An Overview of Fair Trial Standards and National Security from a Comparative Perspective

      • Samantha Joy Cheesman

      Pages 77-100

   3. ‘In All Fairness…’: A Comparative Analysis of the Past, Present and Future of Fair Trial Systems Outside of Europe

      • Márton Sulyok

      Pages 101-138

4. A Comparative Analysis of Some Basic Fair Trial Elements

   1. Front Matter

      Pages 139-139

      PDF

   2. ‘To Delay Justice Is Injustice’: A Comparative Analysis of (Un)reasonable Delay

      • János Bóka

      Pages 141-161

   3. A Comparative Approach to the Evaluation of Evidence from a ‘Fair Trial’ Perspective

      • Mátyás Bencze

      Pages 163-176

   4. A Comparative Overview of Publicity in the Administration of Justice

      • Szonja Navratil

      Pages 177-196

   5. ‘Not Twice for the Same’: Double Jeopardy Protections Against Multiple Punishments

      • Péter Mezei

      Pages 197-219

   6. 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

      • Tamás Sulyok, Márton Sulyok

      Pages 221-248

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.​

• (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

• Faculty of Law, University of Szeged, Szeged, Hungary

  Attila Badó

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