Overview
- Analyzes a current and relevant question in national and international jurisdictions
- Presents a transnational debate on the access to justice crisis of civil justice
- Provides an innovative and interesting theoretical approach
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 97)
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Table of contents (13 chapters)
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Front Matter
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An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process
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Front Matter
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Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and Its Requirements Over Civil Procedure Matters
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Front Matter
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The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems
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Front Matter
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Procedural Due Process in the American Legal System
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Front Matter
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Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands
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Front Matter
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Keywords
About this book
How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.
The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long.
Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moralharm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.
This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Understanding Due Process in Non-Criminal Matters
Book Subtitle: How to Harmonize Procedural Guarantees with the Right to Access to Justice
Authors: Ricardo Lillo Lobos
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-030-95534-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-030-95533-5Published: 22 July 2022
Softcover ISBN: 978-3-030-95536-6Published: 22 July 2023
eBook ISBN: 978-3-030-95534-2Published: 20 July 2022
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XVIII, 281
Number of Illustrations: 8 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Civil Procedure Law