Abuse of Procedural Rights: Comparative Standards of Procedural Fairness
Comparative Standards of Procedural Fairness
Published on 1. November 1999
386 pages
978-90-411-7038-5 (ISBN)
Description
In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors:
- the theoretical and moral implications of procedural abuses
- the subjects who commit them
- the typologies of abusive practices
- the consequences of abusive practices
Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America.
General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
- the theoretical and moral implications of procedural abuses
- the subjects who commit them
- the typologies of abusive practices
- the consequences of abusive practices
Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America.
General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
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Michele Taruffo
Abuse of Procedural Rights:Comparative Standards of Procedural
Comparative Standards of Procedural Fairness
Book
11/1999
1st Edition
Kluwer Law International
€135.89
Shipment within 10-20 days
Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- FOREWORD
- ABUSE OF PROCEDURAL RIGHTS: GENERAL REPORT
- GENERAL REPORT ABUSE OF PROCEDURAL RIGHTS: COMPARATIVE STANDARDS OF PROCEDURAL FAIRNESS
- I. GENERAL
- II. TYPES OF APR
- III. SUBJECTIVE FEATURES OF APR
- IV. SANCTIONS FOR APR
- V. FINAL REMARKS
- APPENDIX: GUIDELINES FOR THE REGIONAL REPORTS ON ABUSE OF PROCEDURAL RIGHTS
- I. GENERAL
- II. ABUSE OF PROCEDURAL RIGHTS AS A WHOLE
- III. ABUSE OF SPECIFIC PROCEDURAL DEVICES
- IV. WHO ABUSES THE LEGAL PROCESS
- V. GENERAL EVALUATIONS AND COMMENTS
- ABUSE OF PROCEDURAL RIGHTS: A SUMMARY VIEW OF THE COMMON LAW SYSTEMS
- ROLES OF COURT AND COUNSEL
- CONSTITUTIONAL REVIEW
- COSTS
- UNFAIRNESS IN ADMINISTRATIVE PROCEEDINGS
- ABUSE OF PROCEDURAL RIGHTS: REGIONAL REPORTS
- ABUSE OF PROCEDURAL RIGHTS: REGIONAL REPORT FOR THE UNITED STATES
- I. GENERAL
- II.
- III.
- IV.
- ABUSE OF PROCEDURAL RIGHTS: THE POSITION OF ENGLISH LAW
- I. CONCEPTUAL BACKGROUND
- II. GENERAL EVALUATIONS AND COMMENTS
- ABUSE OF PROCESS IN ENGLISH CIVIL LITIGATION
- I. "ABUSE OF PROCESS": VARIOUS MEANINGS
- II. TYPES OF ABUSE
- III. A REVIEW OF THE MODES OF PROTECTION AGAINST ABUSE
- IV. TORT CLAIMS
- V. STRIKING OUT
- VI. WASTED COSTS ORDERS
- VII. OTHER SOURCES OF PROTECTION
- VIII. CONDITIONAL FEE AGREEMENTS: A NEW PRESSURE
- IX. THE FUTURE
- X. CONCLUSION
- REPORT ON ABUSE OF PROCEDURAL RIGHTS FOR AUSTRALIA
- I. GENERAL
- II. ABUSE OF PROCEDURAL RIGHTS AS A WHOLE
- III. ABUSE OF SPECIFIC PROCEDURAL RIGHTS
- IV. WHO ABUSES THE LEGAL PROCESS
- V. GENERAL EVALUATIONS AND COMMENTS
- ABUSE OF PROCEDURAL RIGHTS: REGIONAL REPORT FOR ITALY AND FRANCE
- I. COMPLEX AND CONTROVERSIAL DEFINITION OF APR
- II. SOME ASPECTS OF THE ITALIAN CONCEPTION OF ABUSE
- III. EMERGING PERCEPTION OF PROCEDURAL ABUSE IN THE ITALIAN NORMATIVE CONTEXT
- IV. THE "FRENCH APPROACH" CONCERNING THE PROBLEM OF PROCEDURAL ABUSE
- V. LAWYERING, LEGAL ETHICS AND PROCEDURAL ABUSE
- WITH SOME CONCLUDING REMARKS
- ABUSE OF PROCEDURAL RIGHTS: REGIONAL REPORT FOR BELGIUM-THE NETHERLANDS
- I. GENERAL
- II. ABUSE OF PROCEDURAL RIGHTS AS A WHOLE
- III. ABUSE OF SPECIFIC PROCEDURAL DEVICES
- IV. WHO ABUSES THE LEGAL PROCESS
- V. GENERAL EVALUATIONS AND COMMENTS
- VI. BRIEF BIBLIOGRAPHY
- ABUSE OF PROCEDURE IN GERMANY AND AUSTRlA
- I. GENERAL OVERVIEW
- II. ABUSIVE INITIATION OF LEGAL PROCEEDINGS
- III. ABUSIVE BEHAVIOUR DURING THE COURSE OF PROCEEDINGS
- IV. CONCLUSION
- ABUSE OF PROCEDURAL RIGHTS? SPAIN AND PORTUGAL
- I. THE LEGAL SYSTEMS IN SPAIN AND PORTUGAL
- II. HOW THE SYSTEM WORKS OR SHOULD WORK
- III. CONCLUDING REMARKS
- ABUSE OF PROCEDURAL RIGHTS IN LATIN AMERICA
- I. DUE PROCESS IN LATIN AMERICA. THE PRINCIPLE OF MORALITY FROM A REGIONAL PERSPECTIVE
- II. ABUSE OF PROCESS AS CONCEPT OF DOMESTIC LAW
- III. CHARACTERISTICS OF THE DECLARATION OF ABUSE OF PROCESS
- IV. ABUSE OF PROCESS AS INJURY FOR THE GUARANTEE OF JUDICIAL PROTECTION OF RIGHTS
- ABUSE OF PROCEDURAL RIGHTS: A JAPANESE PERSPECTIVE
- I. INTRODUCTION - DOCTRINE OF ABUSE OF RIGHTS IN JAPAN
- II. DEVELOPMENT OF GOOD FAITH AND ABUSE OF RIGHTS IN CIVIL PROCEDURE
- III. GOOD FAITH PRINCIPLE AND ABUSE OF RIGHTS IN CIVIL PROCEDURE
- IV. TYPES OF APPLICATION OF GOOD FAITH PRINCIPLE IN CIVIL PROCEDURE
- V. CONCLUSION AND SOME OBSERVATIONS
- SHORT NOTE ON ABUSE OF PROCEDURE IN COMMUNITY LAW
- I.
- II.
- III.
- IV.
- FINAL REPORT: THE TWO APPROACHES TO THE ABUSE OF PROCEDURAL RIGHTS
- I. THE FIRST APPROACH
- II. THE SECOND APPROACH
- III. FACTORS OF CONVERGENCE
- APPENDIX OBSERVATIONS ON SANCTIONS AGAINST THE ABUSE OF PROCEDURAL RIGHTS
- I. THE MAIN ACTORS
- II. THE EFFICIENCY OF SANCTIONS
- III. THE INCIDENCE OF THE PROCEDURAL SYSTEM
- AMERICAN PERSPECTIVES
- JURISDICTION IN CIVIL ACTION AT THE END OF THE TWENTIETH CENTURY: FORUM CONVENIENS AND FORUM NON CONVENIENS
- I. JURISDICTION AND COMPETENCE COMPARED
- II. MINIMUM CONTACT AND FUNDAMENTAL FAIRNESS
- III. EXPANDING LIMITS OF STATE COURT JURISDICTION: LONG-ARM STATUTES
- IV. PURPOSEFUL AVAILMENT AND THE STREAM OF COMMERCE
- V. BURDEN OF PROOF AND FAIRNESS
- VI. CONTINUED VITALITY OF THE TRADITIONAL BASES
- VII. SUMMARY OF THE CONSTITUTIONAL LIMITS ON STATE COURT PERSONAL JURISDICTION
- VIII. FORUM NON CONVENIENS
- IX. WHERE WE ARE AT THE END OF THE TWENTIETH CENTURY
- CULTURE AND DISPUTING
- I. THE SEMINAR
- II. THE THEORY
- III. THE METHOD
- RETOOLING AMERICAN DISCOVERY FOR THE 21ST CENTURY: TOWARDS A NEW WORLD ORDER?
- I. AMERICA'S TWENTIETH CENTURY EMBRACE OF BROAD PARTY-CONTROLLED DISCOVERY
- II. THE CURRENT EFFORT TO RETOOL FEDERAL DISCOVERY FOR THE 21ST CENTURY
- III. TOWARD A NEW WORLD ORDER?
- IV. CONCLUSION
- THE VICISSITUDES OF THE AMERICAN CLASS ACTION - WITH A COMPARATIVE EYE
- I. ABRIEF ACCOUNT OF RULE 23 PRACTICE OVER THE YEARS
- II. THE AUTONOMY/ENTITY TENSION AND THE REQUISITE PROTECTIONS NECESSARY FOR CLASS ACTION TREATMENT
- III. THE SPECIAL PROBLEMS OF FEDERALISM
- IV. CONCLUSION
- FORUM NON CONVENIENS - WHO NEEDS IT?
- I. FORUM SHOPPING
- II. FORUM NON CONVENIENS
- III. FORUM NON CONVENIENS IN THE AMERICAN FEDERAL SYSTEM
- IV. CIVIL LAW JURISDICTIONS
- V. DOES FORUM NON CONVENIENS HAVE A FUTURE IN THE CIVIL LAW?
- Back Cover
