Court Delay and Human Rights Remedies: Enforcing the Right to a Fair Hearing 'Within a Reasonable Time', 1st Edition (Paperback) book cover

Court Delay and Human Rights Remedies

Enforcing the Right to a Fair Hearing 'Within a Reasonable Time', 1st Edition

By Caroline Savvidis

Routledge

128 pages

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Paperback: 9781138606548
pub: 2018-05-11
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pub: 2016-07-12
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Description

This book brings legal and academic perspective to the theory and practice surrounding the right to a fair hearing within a reasonable time. This field of rights has been somewhat neglected academically, a fact which jars with the sheer volume of case law budding from this single, simple, fundamental right, bearing testimony to the widespread concern with delay in judicial proceedings which transcends the boundaries of states or legal systems.

The work provides a blueprint for analysing the effectiveness of legal remedies across entire legal systems, as well as in any given individual case. The first part focuses on deriving legal principles from the body of jurisprudence of the European Court of Human Rights in Strasbourg, while the second part contains illustrations of the practical application of such principles.

The content constitutes essential reading for students, academics, lawyers, judges, practitioners and all those who wish to understand the issue of delay in judicial proceedings, and the legal context of available remedies. The author aims to raise awareness about the human rights issues which come into play when delivery of justice is delayed, and to provide both an academic and practical reference.

Reviews

‘This thought-provoking introduction to the study of court delay and human rights remedies provides in-depth analyses of relevant legal issues in the contexts of the European Court of Human Rights and Malta, and serves as a guide to the study of court proceedings and human rights protection from a novel angle. It is written in a lively, accessible and enlightening manner. It contains much that will be invaluable to both the scholars and practitioners in the field of international human rights law, offering dynamic insights into the study of human rights protection and making a significant contribution to the subject. The writing allows the readers to delve deeper.’

Professor Shen Wei, Shanghai Jiao Tong University, China

‘The problem of excessive judicial delays continues to plague many legal systems in Europe and it has given rise to a phenomenal volume of cases before the Strasbourg court. Caroline Savvidis’s study of this long-neglected problem is an impressive, insightful contribution which will be of the greatest interest to students, practitioners and governmental reformers.’

Professor Vernon Valentine Palmer, Tulane Law School, USA

Table of Contents

Foreword, Preface; Introduction; Preliminary pleas and fundamental concepts relevant to length-of-proceedings cases brought before the European Court of Human Rights; Guidance drawn from judgments of the European Court of Human Rights: the relevance and utility of ECHR Articles 6 and 13 to length-of-proceedings cases; Case study based on the legal system of Malta, part I: human rights remedies for delay; Case study based on the legal system of Malta, part II: remedies for delay within ordinary law; Case study based on the legal system of Malta, part III: conclusions; Conclusion; Appendices; Bibliography; Index.

About the Author

Dr Caroline Savvidis holds a Doctor of Laws degree and is the managing partner of BN&P Advocates, a law firm with a global focus on the resolution of family office issues and the improvement of private and public efficiency in governance and regulation. Dr Savvidis has researched and written extensively on the topic of human rights and legal remedies for court delay; she is a guest lecturer at various universities, and regularly presents at international conferences on issues relating to cross-border regulation, constitutional and human rights law.

Subject Categories

BISAC Subject Codes/Headings:
LAW016000
LAW / Comparative
POL035010
POLITICAL SCIENCE / Political Freedom & Security / Human Rights