due process of law a brief history

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Due Process Of Law

Author : João Marcos Prado Garcia
ISBN : PKEY:99024925
Genre : Law
File Size : 64. 61 MB
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Desde a introdução do dispositivo que cuida do Devido Processo Legal na Constituição Federal Brasileira de 1988, a doutrina e a jurisprudência brasileira iniciaram uma longa jornada de estudos de Direito comparado, de modo a fixar os limites de sua aplicação em um país com tradição em Direito Romano. Esta monografia busca dar suporte à essa trajetória, iniciando com a análise do desenvolvimento histórico do conceito do devido processo legal na Inglaterra, passando para a análise da forma como o instituto se consolidou nas questões de jurisdição, finalizando com o seu reconhecimento e aplicação nos julgamentos realizados pelas cortes dos Estados Unidos da América. Ao final, é realizado um estudo comparado entre outras Constituições que também contemplam o instituto do devido processo legal, além da transcrição e análise do leading case do Supremo Tribunal Federal Brasileiro sobre a matéria - Impeachment do ex- Pres. Fernando Collor de Melo. Since the introduction of the Due Process of Law clause in the Brazilian Federal Constitution of 1988, the Brazilian doctrine and jurisprudence started what is considered the beginning of a long journey into the comparative law studies in order to establish the boundaries of its application in a Civil Law country. This paper supports such tendency, starting with the historical development of the due process concept in England, as it relates to issues of jurisdiction and the recognition and enforcement of judgments in the United States courts. Last pages provide a comparative study among other Constitutions that also contemplate the due process clause, along with a transcription and analisys of the leading case rendered by the Supreme Court of Brazil upon the matter - Impeachment former-President of Brazil Mr. Fernando Collor de Melo.

Procedural Due Process

Author : Rhonda Wasserman
ISBN : 0313313539
Genre : Law
File Size : 36. 48 MB
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Traces the historical development of the Due Process Clauses of the Fifth and Fourteenth Amendments and analyzes their cardinal procedural guarantees.

Due Process And International Terrorism

Author : Roza Pati
ISBN : 9789047425854
Genre : Law
File Size : 39. 55 MB
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This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the “Global War on Terror.” Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantánamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.

By Due Process Of Law

Author : Ian Loveland
ISBN : 9781841130491
Genre : Law
File Size : 31. 6 MB
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The South African case of Harris v. (Donges) Minister of the Interior is one familiar to most students of British constitutional law. The case was triggered by the South African government's attempt in the 1950s to disenfranchise non-white voters on the Cape province. It is still referred to as the case which illustrates that as a matter of constitutional doctrine it is not possible for the United Kingdom Parliament to produce a statute which limits the powers of successive Parliaments.The purpose of this book is twofold. First of all it offers a rather fuller picture of the story lying behind the Harris litigation,and the process of British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa as well as the ensuing emergence and consolidation of apartheid as a system of political and social organisation. Secondly the book attempts to use the South African experience to address broader contemporary British concerns about the nature of our Constitution and the role of the courts and legislature in making the Constitution work. In pursuing this second aim, the author has sought to create a counterweight to the traditional marginalistion of constitutional law and theory within the British polity. The Harris saga conveys better than any episode of British political history the enormous significance of the choices a country makes (or fails to make) when it embarks upon the task of creating or revising its constitutional arrangements. This, then, is a searching re-examination of the fundamentals of constitution-making, written in the light of the British government's commitment to promoting wholesale constitutional reform.

Due Process In Nigeria S Administrative Law System

Author : Oneyebuchi T. Uwakah
ISBN : 0761807640
Genre : History
File Size : 58. 5 MB
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This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.

Substantive Due Process Of Law

Author : Frank R. Strong
ISBN : UOM:39015019763716
Genre : Law
File Size : 34. 84 MB
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The author presents the view that substantive due process, historically, has had very specific meanings. He also discusses the eroding of these original concepts by the Supreme Court.

Law And Liberty In Early New England

Author : Edgar J. McManus
ISBN : 1558497722
Genre : History
File Size : 89. 15 MB
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The first comprehensive history of criminal law in early New England.

The Due Process Of Law

Author : Alfred Denning
ISBN : 9780191018558
Genre : Law
File Size : 38. 79 MB
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Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.

Due Process Of Law

Author : Rodney Loomer Mott
ISBN : OCLC:8580918
Genre : Constitutional law
File Size : 66. 25 MB
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Legal Architecture

Author : Linda Mulcahy
ISBN : 9781136862182
Genre : Architecture
File Size : 34. 23 MB
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Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.

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