Titlebook: Understanding Due Process in Non-Criminal Matters; How to Harmonize Pro Ricardo Lillo Lobos Book 2022 The Editor(s) (if applicable) and The

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Preliminary Exercise of a Comparative Perspective. Different Approaches on How the Right to a Fair Tdictions, the State of California and Chile. First I provide arguments to justify why this is a workable comparison, and then I analyze both from the point of view of the applicable substantive law, constitutional provisions on due process, and the legal procedure involved.

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Origins of the Due Process Clause. The Magna Carta Until Its Incorporation in the American Bill of Rriminal prosecution and for that reason, most of its development was centered on guarantees for the accused. However, as I will explain, the implications for civil justice were there from the beginning. My intention is to show how it evolved in time until modern conceptions.

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The Path of Procedural Due Process into the American Constitution. Scope of Applicationteenth Amendment, and the Seventh Amendment on civil jury trial. Second, I describe the period from the early case law of the Supreme Court until the “Due Process Revolution”. I will show how procedural due process were forged in the American Constitution while proving that at its origins it included non-criminal as well as criminal conceptions.

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The Inter-American Court of Human Rights Case Law on Due Process Over Civil Matters299 decisions on the merits as of August 2019, and complementing the former with Advisory Opinions of the court and the thematic reports of the Inter-American Commission on Human Rights, to support the study of the court’s case law.

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The European Court of Human Rights Case Law on Due Process Over Civil Mattersbe the case, and other to identify and operationalize the ideal model described in Chap. .. Finally, this chapter describes what I have called a concrete analysis of effectiveness as the main approach used by the ECHR to decide over the right to a fair trial in civil cases.

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The Right to Access to Justice as a Key to Understand the Right to a Fair Trial in Civil Mattersn use of due process as a legal institution in both the international and national jurisdictions studied in the previous chapters. Finally, I analyze the role played by the flexible and the checklist models under this conception based on the right to access to justice.

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