Discovery

2020 ◽  
pp. 65-70
Author(s):  
Peter Coulson
Keyword(s):  
Rule Of Law ◽  
Basic Principle ◽  
Fair Trial ◽  
The Rule Of Law ◽  
Problem Child ◽  
Procedural Problem ◽  
Key Features

This short chapter considers the various reforms to the procedural problem child of disclosure. History shows that disclosure reform is difficult. This is because the basic principle of disclosure, that each side has to disclose everything relevant, even the documents that might show them in a very bad light, is a critical foundation of the Rule of Law. It underpins the whole concept of a fair trial in this country, and it is one of the reasons why England is a centre for international litigation. The key features of the disclosure pilot were fully consulted on and will be properly evaluated. They hold out the potential for better balancing the need for both sides to disclose everything that is relevant, whilst also ensuring that disclosure does not become an exercise that is too expensive and too enormous.

Agoudimos and Cefallonian Sky Shipping Co. v. Greece

2001 ◽  
Vol 12 (5-6) ◽  
pp. 397-399
Keyword(s):  
Rule Of Law ◽  
Fair Trial ◽  
General Interest ◽  
The Rule Of Law ◽  
Administration Of Justice

The principle of the rule of law and the notion of a fair trial enshrined in Article 6 precluded any interference by the legislature — other than on compelling grounds in the general interest — with the administration of justice designed to influence the judicial determination of a dispute.

scholarly journals Presecular character of Montenegrin Law on Freedom of Religion in context of Fuller's demands for internal morality of law

2020 ◽  
pp. 7-26
Author(s):  
Vladimir Đurić ◽  
Vasilije Marković
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
Basic Principle ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
Material Sources ◽  
Internal Morality ◽  
The Law

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller's theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

scholarly journals The Rule of Law, Fair Trial and Human Dignity: The Protection of EU Values After LM

2021 ◽  
pp. 431-442
Author(s):  
Catherine Dupré
Keyword(s):  
Rule Of Law ◽  
Human Dignity ◽  
Judicial Independence ◽  
Fair Trial ◽  
Mutual Trust ◽  
The Rule Of Law ◽  
The Right ◽  
The Relationship ◽  
The Eu

AbstractThe 2018 CJEU ruling in LM highlighted the importance of judicial independence for the rule of law and protection of the right to fair trial. In so doing, the judgment raised problematic questions about the relationship between Article 2 values and the EU Charter rights, and their connection with mutual trust. This chapter considers these issues through the lens of human dignity, which is both the first foundational value under Article 2 and the first right in the EU Charter. By discussing how the LM judgment raises the constitutional status of the right to a fair trial, this chapter argues that a focus on human dignity could effectively link Article 2 values with EU Charter rights and facilitate assessment of their respective breach.

3. The rule of law

2021 ◽  
pp. 23-37
Author(s):  
Colin Faragher
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Legal System ◽  
Essential Information ◽  
The Rule Of Law ◽  
Key Features ◽  
The Uk ◽  
Discretionary Powers

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.

16. Equality before the law—the right to a fair trial

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fair Trial ◽  
Presumption Of Innocence ◽  
The Rule Of Law ◽  
The United Nations ◽  
The Law ◽  
The Right

This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.

scholarly journals Fair Trial Rights and Their Relation to the Death Penalty in Africa

2006 ◽  
Vol 55 (3) ◽  
pp. 609-634 ◽  
Author(s):  
Lilian Chenwi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Rule Of Law ◽  
Due Process ◽  
Basic Element ◽  
Fair Trial ◽  
Legal Rights ◽  
Criminal Cases ◽  
Human Rights Abuses ◽  
The Rule Of Law

A fair trial is a basic element of the notion of the rule of law,1 and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights.2 At the centre of any legal system, therefore, must be a means by which legal rights are asserted and breaches remedied through the process of a fair trial in court, as the law is useless without effective remedies.3 The fairness of the legal process has a particular significance in criminal cases, as it protects against human rights abuses. Hence, constitutional due process and elementary justice require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.4

scholarly journals Komentarz na kanwie Uchwały Naczelnego Sądu Administracyjnego I FPS 1/21 – sądowa kontrola instrumentalnego wszczęcia postępowania karnego skarbowego a prawo do sądu

2021 ◽  
Vol 3 (31) ◽  
pp. 151-162
Author(s):  
Adam Szymacha ◽  
Kamil Rogalski
Keyword(s):  
Rule Of Law ◽  
Comparative Law ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Legal Method ◽  
The Right ◽  
The Impact

The purpose of the article/hypothesis: The presented article focuses on a new resolution of the Supreme Administrative Court I FPS 1/21. In this resolution an assessment of instrumental initiation of criminal fiscal proceedings in order to suspend the running of the limitation period of a tax liability has been undertaken. The Supreme Administrative Court assessed that administrative courts have the right to examine the legitimacy of initiation of such proceedings. This position is important insofar as it also touches upon the issue of the right to a fair trial, as well as the right to property and legal certainty. The main aim of this article is to check the impact of this resolution on described fundamental rights. Methodology: This article will use the comparative law method. Especially the case law of different courts will be shown. The dogmatic-legal method will also be used as an auxiliary. Results of the research: This resolution is crucial for the fundamental right for fail trial. It has also impact on the right to property and principle of legal certainity. It may also be some element that strengthens the rule of law.

3. The rule of law

2019 ◽  
pp. 26-40
Author(s):  
Colin Faragher
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Legal System ◽  
Essential Information ◽  
The Rule Of Law ◽  
Key Features ◽  
The Uk ◽  
Discretionary Powers

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.

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