Understanding due process in non-criminal matters : how to harmonize procedural guarantees with the right to access to justice /
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Author / Creator: | Lillo Lobos, Ricardo, author. |
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Imprint: | Cham, Switzerland : Springer, ©2022. |
Description: | xviii, 281 pages : illustrations, 25 cm. |
Language: | English |
Series: | Ius gentium : comparative perspectives on law and justice, 2214-9902 ; volume 97 Ius gentium (Dordrecht, Netherlands) ; v. 97. |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/12746070 |
Table of Contents:
- Introduction
- Part I. An introduction of two ideal types : the checklist and flexible models of procedural due process
- Due process as a subject of special jurisprudence : the checklist and flexible models of procedural due process
- Part II. Legal procedure as a barrier for access to justice : why understanding due process and its requirements over civil procedure matters
- The crisis of civil justice : criticism from the access to justice movement and the reform movement in Latin America
- Preliminary exercise of a comparative perspective : different approaches on how the right to a fair trial has been applied to common legal needs
- Part III. The requirements of fairness in civil procedure : procedural due process in international human rights law : answers from two regional systems
- A methodology to study two regional human rights protection systems
- The Inter-American Court of Human Rights case law on due process over civil matters
- The European Court of Human Rights case law on due process over civil matters
- A brief comparison between both regional systems
- Part IV. Procedural due process in the American legal system
- Origins of the due process clause : The Magna Carta until its incorporation in the American Bill of Rights
- The path of procedural due process into the American Constitution : scope of application
- Modern conceptions of procedural due process and the right to a fair trial in civil matters
- Part V: Escaping from the shadow : a due process theory in non-criminal matters to harmonize with access to justice demands
- Why civil and criminal procedures require different theories on procedural due process
- The right to access to justice as a key to understand the right to a fair trial in civil matters.