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.
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 language | English |
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Pages (from-to) | 1-27 |
Number of pages | 27 |
Journal | Vienna Journal of International Constitutional Law |
Volume | 13 |
Issue number | 1 |
Early online date | 9 May 2019 |
DOIs | |
Publication status | Published - 2019 |