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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Criminal Fair Trial Rights - Article 6 of the European Convention on Human Rights (Hardcover)
Loot Price: R2,135
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Criminal Fair Trial Rights - Article 6 of the European Convention on Human Rights (Hardcover)
Series: Criminal Law Library
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The Article 6 fair trial rights are the most heavily-litigated
Convention rights before the European Court of Human Rights,
generating a large and complex body of case law. With this book,
Goss provides an innovative and critical analysis of the European
Court's Article 6 case law. The category of 'fair trial rights'
includes many component rights. The existing literature tends to
chart the law with respect to each of these component rights, one
by one. This traditional approach is useful, but it risks
artificially isolating the case law in a series of watertight
compartments. This book takes a complementary but different
approach. Instead of analysing the component rights one by one, it
takes a critical look at the case law through a number of
'cross-cutting' problems and themes common to all or many of the
component rights. For example: how does the Court view its role in
Article 6 cases? When will the Court recognise an implied right in
Article 6? How does the Court assess Article 6 infringements, and
when will the public interest justify an infringement? The book's
case-law-driven approach allows Goss to demonstrate that the
European Court's criminal fair trial rights jurisprudence is marked
by considerable uncertainty, inconsistency, and incoherence.
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