Criminal procedure in the common law world is being recast in the
image of human rights. The cumulative impact of human rights laws,
both international and domestic, presages a revolution in common
law procedural traditions. Comprising 16 essays plus the editors'
thematic introduction, this volume explores various aspects of the
'human rights revolution' in criminal evidence and procedure in
Australia, Canada, England and Wales, Hong Kong, Malaysia, New
Zealand, Northern Ireland, the Republic of Ireland, Singapore,
Scotland, South Africa and the USA. The contributors provide expert
evaluations of their own domestic law and practice with frequent
reference to comparative experiences in other jurisdictions. Some
essays focus on specific topics, such as evidence obtained by
torture, the presumption of innocence, hearsay, the privilege
against self-incrimination, and 'rape shield' laws. Others seek to
draw more general lessons about the context of law reform, the
epistemic demands of the right to a fair trial, the domestic impact
of supra-national legal standards (especially the ECHR), and the
scope for reimagining common law procedures through the medium of
human rights. This edited collection showcases the latest
theoretically informed, methodologically astute and doctrinally
rigorous scholarship in criminal procedure and evidence, human
rights and comparative law, and will be a major addition to the
literature in all of these fields.
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