Understanding Due Process in Non-Criminal Matters How to Harmonize Procedural Guarantees with the Right to Access to Justice
How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is underst...
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| Format: | eBook |
| Language: | English |
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Cham
Springer International Publishing
2022, 2022
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| Edition: | 1st ed. 2022 |
| Series: | Ius Gentium: Comparative Perspectives on Law and Justice
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| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of Contents:
- 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