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(known as the military courts case ), 12 the Supreme Court ruled by a majority of 11 votes to 6 that the amendment of the Army Act is constitutional and that, as held by senior courts before, the military justice system meets the requirements of fair trial standards and if the system is considered

In: Journal of International Humanitarian Legal Studies
This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

the framework on which both legislative and justice system procedures are conceived, conducted, and reformed. Crucial in many declarations and political discussions about achieving the rule of law is the right to a fair trial, to protect individuals from the unlawful and arbitrary curtailment or

In: Brill Research Perspectives in Governance and Public Policy in China

the framework on which both legislative and justice system procedures are conceived, conducted, and reformed. Crucial in many declarations and political discussions about achieving the rule of law is the right to a fair trial, to protect individuals from the unlawful and arbitrary curtailment or

In: Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

court against the decisions of national courts; 13 and the Court has no jurisdiction to hear a case against the African Commission on Human and Peoples’ Rights. 14 The Court has also handed down judgments dealing with the right to a fair trial. The right to a fair trial is provided for under Article 7

In: The Law & Practice of International Courts and Tribunals

prohibition that is not subject to limitation, even in the context of another jus cogens norm such as the prohibition of terrorism. The question addressed in this chapter is whether the right to a fair trial and due process considerations can serve to limit the ability of states to take measures in order to

In: Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism

1 Preliminaries The purpose of this article is to draw attention to the dwindling importance of the right to confrontation 1 within the European notion of “fair trial”. Structure and meanigns of the right will be the starting point of our analysis. As widely known, Article 6 of the European

In: European Journal of Crime, Criminal Law and Criminal Justice

with the question of the relationship between the right to a fair trial and the admission of a foreign conviction into evidence. The purpose of this article is to argue that there is a need for guidelines to be developed on the admission of convictions from countries outside the eu . This article is

In: International Human Rights Law Review

unavoidable, given that though the right of “access to a court” could be considered implied in the fair trial requirements set forth in Article 6, the Convention did not state any such right in express terms. The judgment recalled that the European Convention is above all an “international treaty” and, as

In: European Journal of Crime, Criminal Law and Criminal Justice

See "Resolution on the Right to Fair Trial and Legal Assistance in Africa", adopted at the 26tO Session in November 1999, above. See also "Resolution on the Right to Recourse and Fair Trial" adopted at the 1 1 th Session in 1992, above.

In: Human Rights Law in Africa Online