Revisiting Procedural Human Rights: Fundamentals of Civil Procedure and the Changing Face of Civil Justice

doi:10.1017/9781780687346

Revisiting Procedural Human Rights

Fundamentals of Civil Procedure and the Changing Face of Civil Justice

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Pérez Ragone, Álvaro 2021. Civil Case Management in the Twenty-First Century: Court Structures Still Matter. Vol. 85, Issue. , p. 35.

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Eichler, Jessika 2024. An Interdisciplinary Journey from Non-Discrimination to Collective Rights. p. 113.

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Volume 157
Edited by Alan Uzelac, C. H. van Rhee

Publisher:: Intersentia
Online publication date:: October 2018
Print publication year:: 2017
Online ISBN:: 9781780687346
DOI:: https://doi.org/10.1017/9781780687346

Subjects:: Law, Human Rights
Series:: Ius Commune: European and Comparative Law Series

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The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law. While some human rights have been made famous in national mottos such as the French liberté, égalité et fraternité, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law. Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.

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Revisiting Procedural Human Rights

Fundamentals of Civil Procedure and the Changing Face of Civil Justice

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

Frontmatter
pp i-iv

Table of Contents
pp v-xii

List of Authors
pp xiii-xiv

List of Abbreviations
pp xv-xvi

Acknowledgements
pp xvii-xviii

Introduction
pp 1-2

Revisiting Procedural Human Rights. Fundamentals of Civil Procedure and the Changing Face of Civil Justice
pp 3-14

The Human Right to Accessible and Foreseeable Justice
pp 15-16

The Inconsistency of Case Law and the Right to a Fair Trial
pp 17-52

Misgivings about American Exceptionalism: Court Access as a Zero-Sum Game
pp 53-76

Should Fair Trial Rights be Redefined? Civil Litigation as a Societal Discussion
pp 77-92

Fundamental Procedural Rights from a National Angle
pp 93-94

Doing Justice: Chinese Civil Procedure and its Reform
pp 95-114

The Presumption of Innocence in Civil Cases
pp 115-134

Fighting Recession at the Expense of Access to Justice. The Case of the Croatian Financial Operations and Pre-Bankruptcy Settlement Act
pp 135-156

The Right Principles – What Outcome? Fundamental Procedural Rights and their Implementation in Romanian Civil Procedure and Other Legal Systems
pp 157-178

What is Happening to Fundamental Procedural Guarantees in the Area of Civil Justice? A View from South Africa
pp 179-194

Judicial Reform in Russia and its Impact on Procedural Human Rights and Access to Justice
pp 195-208

Conditions of Admissibility and Access to Justice – A Slovenian Perspective
pp 209-240

Wheels of History: Fair Trial Rights in Historical Perspective
pp 241-242

Access to Justice by Means of Arbitration in Roman Law
pp 243-262

Civil Procedural Aspects of Retroactivity – Historical and Comparative Perspectives
pp 263-284

Equal Justice for all: Empirical and Normative Approaches to Legal Aid and Assistance in Civil and Administrative Cases
pp 285-286

The Paradox of Access to Justice ‒ Empirical Research into the Attitude of the Cantonal Judge Towards Unrepresented Parties in Dutch Civil Procedure
pp 287-306

Access to Justice in Administrative Cases. An Analysis of Cases of the Zagreb Legal Clinic
pp 307-316

Are Financial Burdens Preventing Access to Justice in Southeast European Judicial Systems?
pp 317-336

Ius Commune Europaeum
pp 337-337

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Revisiting Procedural Human Rights

Fundamentals of Civil Procedure and the Changing Face of Civil Justice

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