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Fair trials and procedural traditions in Europe

Field, Stewart Andrew 2009. Fair trials and procedural traditions in Europe. Oxford Journal of Legal Studies 29 (2) , pp. 365-387. 10.1093/ojls/gqp004

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Abstract

This review discusses the thesis advanced by Sarah Summers in her recent book. In particular it examines the three radical claims that structure her argument. First, that the commonly used analytical distinction between adversarial and inquisitorial traditions in criminal procedure should be abandoned. Secondly, that since the Continental reforms of the 19th century, criminal procedure can best be understood in terms of a single European procedural tradition. Thirdly, that the European Court of Human Rights has misconstrued the logic of that single European procedural tradition by failing to understand that it involves the rejection of a ‘determinative’ pre-trial phase. Each of Summers’ three arguments is subjected to critical analysis and ultimately rejected as innovative and stimulating but flawed.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Oxford University Press
ISSN: 0143-6503
Last Modified: 04 Jun 2017 03:12
URI: http://orca.cardiff.ac.uk/id/eprint/18130

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