Abstract
In this part of the book, I describe and compare the answers provided in the field of International Human Rights Law, which is critical for today’s understanding of fair trial requirements, especially in this age of the convergence of legal systems. With this purpose, I analyze the answers provided by two regional systems of human rights protection, using an empirical mixed method approach to study the case law of their two main tribunals, the Inter-American Court of Human Rights (IACHR) and the European Court of Human Rights (ECHR). This chapter focus on the methodology used to study their case law, beginning by describing an operational definition to distinguish civil cases from those criminal or punitive in nature. Then I describe the variables I applied over a databased comprising the 19 cases I was able to find from the IACHR and 303 decisions from the ECHR.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Genn (2010), p. 11.
- 2.
- 3.
I acknowledge there might be an issue with punitive damages, but since there are no cases on any of the regional Court I analyze in this Chapter, I believe this is not the place or time to engage in that debate.
- 4.
Refering to the goals of civil justice more than a definition of civil matters, see: Uzelac (2014), p. 17.
- 5.
Visscher (2012), p. 71.
- 6.
Genn (2010), p. 11.
- 7.
Zander (2000), p. 27.
- 8.
Useful in this regard is the classic work of H.L.A. Hart and his model of orders backed by threats. See: Hart (1994), p. 27
References
De S.-O.-L’ E M (2010) Is the separation of powers the basis for the legitimacy of an internationalised judiciary? In: Muller S, Richards S (eds) Highest courts and globalization. Hague Academic Press, The Hague, pp 149–162
Genn H (2010) Judging civil justice. Cambridge University Press, Cambridge
Hart H (1994) The concept of law, 2nd edn. Clarendon Press, Oxford
Slaughter A (1994) A typology of transjudicial communication. Univ Richmond Law Rev 29(1):99–138
Uzelac A (ed) (2014) Goals of civil justice and civil procedure in contemporary judicial systems. Springer, Switzerland
Visscher L (2012) A law and economics view on harmonisation of procedural law. In: Kramer X, van Rhee C (eds) Civil litigation in a globalising world. The Hague, T.M.C. Asser Press, pp 65–91
Zander M (2000) The state of justice. Sweet & Maxwell, London
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 2022 The Author(s), under exclusive license to Springer Nature Switzerland AG
About this chapter
Cite this chapter
Lillo Lobos, R. (2022). A Methodology to Study Two Regional Human Rights Protection Systems. In: Understanding Due Process in Non-Criminal Matters. Ius Gentium: Comparative Perspectives on Law and Justice, vol 97. Springer, Cham. https://doi.org/10.1007/978-3-030-95534-2_5
Download citation
DOI: https://doi.org/10.1007/978-3-030-95534-2_5
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-95533-5
Online ISBN: 978-3-030-95534-2
eBook Packages: Law and CriminologyLaw and Criminology (R0)