Understanding Due Process in Non-Criminal Matters: How to Harmonize Procedural Guarantees with the Right to Access to Justice

This book provides a comprehensive analysis of procedural due process in national jurisdictions and international human rights law, arguing that the civil justice conception of due process has grown under the shadow of criminal justice and offers a suitable due process theory for civil matters. It also provides an empirically based normative theory regarding the right to a fair trial, of interest to policymakers, practitioners, judges, researchers, and scholars.

Format: Hardback
Length: 281 pages
Publication date: 22 July 2022
Publisher: Springer Nature Switzerland AG

Understanding the fundamental or constitutional nature of a procedure is crucial in designing civil procedure. This book delves into the intricate realm of procedural due process, drawing from comparative law and empirical methodologies. It offers a comprehensive analysis of how this essential human right is understood in national jurisdictions and international human rights law.

The book proposes a suitable due process theory for civil matters, assessing the diverse roles of this fundamental international human right in comparison to criminal justice. It argues that the civil justice conception of due process has been overshadowed by criminal justice for too long. Moreover, the theory addresses the critical question of what the fundamental requirements are concerning the right to a fair trial in civil matters. It explores the balance between ensuring procedural fairness and meeting social demands for justice.

This book makes a significant contribution to the fields of civil justice, legal design, and access to justice. It provides an empirically based normative theory regarding the right to a fair trial, appealing to a wide audience, including policymakers, practitioners, judges, researchers, and scholars. The book's insights into comparative law and empirical methodologies offer valuable perspectives on legal theory and practice.

Weight: 617g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030955335
Edition number: 1st ed. 2022