The Power of Comparative Constitutional Law Reasoning in European Criminal Law Procedure

S.E.M. Herlin Karnell

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

This paper explores the constitutional dimension of comparative criminal
law procedure in a European context. It does so by focusing on the
European civil law traditions and by explaining how the impact of constitutional
law reasoning has changed the criminal law landscape. The paper argues that
the influence of European Union law and the European Convention on Human
Rights regime together with other comparative law effects have led to an
adapted version of the comparative law project, where the orthodox distinction
between civil law and common law is largely erased. Specifically, the paper
focuses on the question of fairness and justification in the criminal law process,
the principle of proportionality and the notion of dignity in a comparative
perspective. The paper draws on both doctrinal and theoretical examples.
Original languageEnglish
Pages (from-to)1-27
Number of pages27
JournalVienna Journal of International Constitutional Law
Volume13
Issue number1
Early online date9 May 2019
DOIs
Publication statusPublished - 2019

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