The Objective Rulings Of Criminal Administrative Law
In: Iraqi Academics Syndicate 3rd International Conference on Arts and Humanities Sciences (IICPS2022)
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In: Iraqi Academics Syndicate 3rd International Conference on Arts and Humanities Sciences (IICPS2022)
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In: Minnesota Law Review, Band 99, Heft 2
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In: Hart studies in European criminal law volume 13
"This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law"--
World Affairs Online
In: Australian journal of public administration, Band 58, Heft 1, S. 3-10
ISSN: 1467-8500
In: Journal of common market studies: JCMS, Band 37, Heft 1, S. 163
ISSN: 0021-9886
In: Ius informationis 1
In: Ziegler, Neuvonen, Moreno-Lax (eds) Research Handbook on General Principles in EU Law, Edward Elgar, 2022
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In: (2016) 14:4 Journal of International Criminal Justice 915-920
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In Canada (Attorney General) v. Bedford, the Supreme Court struck down Canada's prostitution laws on the basis that they violated prostitutes' right to security of the person and were inconsistent with the principles of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. This paper examines the implications of Bedford for the constitutional norms against arbitrary, overbroad and grossly disproportionate laws. It is argued that Bedford significantly advances the law on these principles of fundamental justice by clarifying the tests governing their application, by elucidating the ir inter-relationships, by distinguishing the constitutional analysis applicable under these principles from the section 1 proportionality analysis, and, most importantly, by demonstrating that the principles against arbitrariness, overbreadth and gross disproportionality remain alive and capable of meaningfully constraining legislative choice. The analysis also touches on the future regulation of prostitution in Canada, and suggests that the law as laid out in Bedford leaves Parliament with some room to choose between regulatory options. Specifically, it is argued that criminalizing prostitution may remain constitutionally permissible after Bedford.
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In: Beiträge zum internationalen und europäischen Strafrecht Band/volume 50
»Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand. / »Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand.
In: Journal of international humanitarian legal studies, S. 1-10
ISSN: 1878-1527
Abstract
This review essay discusses two books: Fairness and Rights in International Criminal Procedure by Sophie Rigney and Punishing Atrocities through a Fair Trial by Jonathan Hafetz. It discusses the methods used in each book, their conceptions of fairness, and what they see as the future of fairness in international criminal law. The review argues that when the two books are read together they show how far fairness has come, where it is now, and where fairness is headed in the future.
There is a growing discrepancy between the output of human rights courts which protect the individual and traditional international institutions which protect the interests of states. This volume provides a systematic analysis of the impact of international human rights courts on more traditional international institutions
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Working paper
In: Crime, law and social change: an interdisciplinary journal, Band 15, S. 201-211
ISSN: 0925-4994