书目名称 | Understanding Due Process in Non-Criminal Matters |
副标题 | How to Harmonize Pro |
编辑 | Ricardo Lillo Lobos |
视频video | |
概述 | Analyzes a current and relevant question in national and international jurisdictions.Presents a transnational debate on the access to justice crisis of civil justice.Provides an innovative and interes |
丛书名称 | Ius Gentium: Comparative Perspectives on Law and Justice |
图书封面 |  |
描述 | .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 understood both in national jurisdictions and in the field of international human rights law..The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. .Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moralharm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice..This book makes a valuable contribution to the |
出版日期 | Book 2022 |
关键词 | Access to Justice; Fair Trial; Right to a Court; Civil Justice; Comparative Law; Procedural Justice; Due P |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-030-95534-2 |
isbn_softcover | 978-3-030-95536-6 |
isbn_ebook | 978-3-030-95534-2Series ISSN 1534-6781 Series E-ISSN 2214-9902 |
issn_series | 1534-6781 |
copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |