Developments in the protection of fundamental human rights in criminal process&lt;br&gt; Introduction

Brants, Chrisje

doi:10.18352/ulr.101

Cited by 2 publications

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“…Previous comparative studies of criminal procedures have explored the convergence of criminal procedures toward the adversarial model (Vogler 2005), and the reception of international fundamental rights and freedoms in the criminal process around the globe (Brants and Franken 2009). From a cultural approach, Garapon and Papadopoulos (2003) analysed the political function of criminal procedures, and particularly on the trial hearing, in the common-law jurisdictions, in contrast with the state-centred approach of French courts that prioritise substantive law.…”

Section: Comparative Studies Of Courtsmentioning

confidence: 99%

The Relevance of Criminal Courts in the Global South

Ciocchini¹

2017

Laws

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Abstract:The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro's institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people's lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

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Section: Comparative Studies Of Courtsmentioning

confidence: 99%

The Relevance of Criminal Courts in the Global South

Ciocchini¹

2017

Laws

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“…Dutch criminal justice has a strong inquisitorial nature, in that the legitimacy of the criminal justice system and truth-finding reflecting the rule of law and upholding fair trial standards are largely dependent on the integrity of state officials -being neutral: impartial and independent -and their (visual) commitment to non-partisan truth-finding. 36 Although typically the pre-trial phase in which the dossier is compiled is more important than the trial itself in terms of fact-finding, the Dutch trial judge has a pivotal role in this system as the ultimate guarantor of justice. Not only does he figure at the end of the chain as the impartial and independent assessor of the pre-trial fact-finding, seeking the truth and deciding the case on the basis of a thorough examination of the case file and active questioning, his decision-making framework also determines the pre-trial decision-making by the public prosecutor.…”

Section: The Absence Of the Publicmentioning

confidence: 99%

Procedural Justice Seen to Be Done:<br>The Judiciary’s Press Guidelines in the Light of Publicity and Procedural Justice

Lent

2014

ULR

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Developments in the protection of fundamental human rights in criminal process<br> Introduction

Cited by 2 publications

References 0 publications

The Relevance of Criminal Courts in the Global South

The Relevance of Criminal Courts in the Global South

Procedural Justice Seen to Be Done:<br>The Judiciary’s Press Guidelines in the Light of Publicity and Procedural Justice

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