
Civil Justice in the Age of Human Rights.
Title:
Civil Justice in the Age of Human Rights.
Author:
Jacob, Joseph M.
ISBN:
9780754683315
Personal Author:
Physical Description:
1 online resource (296 pages)
Contents:
Cover -- Contents -- Table of Statutes -- Table of Statutory Instruments -- Table of Cases -- Preface -- Acknowledgements -- 1 Introduction -- The Issue -- The Structure of the Argument -- The Jurisdiction of the Human Rights Court -- The Scope of the Engagement -- Proportionality -- Some General Problems with the Central Question -- 2 Open Justice -- The Justifications for Openness -- The General Freedom of Expression -- Openness of Proceedings -- Exceptions -- Public Access to Documents -- Pre-reading -- Trial Documents -- The Giving of Reasons for Decisions -- The (Apparent) Ignoring of the Principle -- Compulsory or Semi-Compulsory ADR -- 3 Equality of Arms and Related Doctrines -- Equality of Arms -- The Right of Access to the Court -- Court Fees -- Other Aspects of the Right of Access -- The Right to be Heard -- Without Notice Hearings -- Adjournments -- Paper Decisions -- The Right to Representation -- The Provision of Legal Assistance -- 4 Disclosure and Restrictions on Evidence -- Disclosure -- The Relevance of Confidence -- Legal Professional Privilege -- Disclosure on Assessment -- Protection against Money-laundering and Similar Devices -- The Privilege against Self-incrimination -- Evidence -- Covert Surveillance -- Public Interest Immunity -- Origins in Crown Privilege: Inspection -- Class Claims -- Inspection, Evidence and Representations: Special Counsel -- The Contaminated Judge -- 5 Impartial and Independent Judges -- The Impartial Judge -- The Judicial Oath -- Real and Apparent Bias - Partiality for Interest -- The Rule against Enquiries -- The 'Fair-Minded and Informed' Observer -- Partiality as an Irregularity: Waiver -- The Need for Temperate Language -- Recusal for Matters within the Case -- Previous Litigation -- Constitutional Dimensions - The Separation of Powers -- Previous Legislative Involvement -- Independence.
6 And So? -- Index -- A -- B -- C -- D -- E -- F -- H -- I -- J -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W.
Abstract:
The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights. The book is primarily concerned with the effects of the HRA on civil procedure and, in particular, the effects on the CPR. It examines the view that the new civil procedure regime could be susceptible to HRA challenges. More specifically, the work discusses whether there are differences between the CPR and the ECHR ideas of what constitutes a fair trial or just decision and between their views of proportionality. The study notes the differences between common and civil law and discusses whether there is any coming together with other European systems.This book will be a valuable resource for academics and researchers as well as lawyers and judges with an interest in the practical implications of the HRA.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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Electronic Access:
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