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The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights.

Civil procedure --- Civil rights --- Due process of law --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Justice, Administration of

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Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch "judicial" tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the executive branch's administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its judicial tribunals are neither independent nor, in law, impartial and are only providentially competent. Unjust by Design describes a system in transcendent need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada's administrative justice system.

Administrative courts --- Due process of law --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Administrative tribunals --- Courts, Administrative --- Tribunals, Administrative --- Administrative law --- Administrative procedure --- Courts

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Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.

Preventive detention --- Due process of law --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Detention, Preventive --- Detention of persons

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The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.

Detention of persons --- Due process of law. --- Human rights --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Criminal procedure --- Government policy. --- International cooperation. --- Law and legislation --- United Nations.

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Human rights --- Criminal law. Criminal procedure --- European Union --- Due process of law --- Criminal procedure --- #KVHA:Vertaalwetenschap --- #KVHA:Tolken --- #KVHA:Gerechtstolken --- #KVHA:Strafrecht --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- European Union countries --- Due process of law - European Union countries --- Criminal procedure - European Union countries