1. Adversarial vs inquisitorial systems: is there still such a difference?
- Author
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Spencer, John R.
- Subjects
- *
CRIMINAL procedure , *INQUISITORIAL system (Law) , *ASSASSINATION , *FAITH & society , *POWER (Social sciences) ,EUROPEAN Convention on Human Rights - Abstract
The article responds to the common perception that the English system of criminal procedure is ‘accusatorial’ whilst those in continental Europe are ‘inquisitorial’ and that these categories are distinct. On closer inspection, what were different traditions have been modified on both sides, so that pure systems no longer exist. The position on the United Kingdom is further confused in public discussion by equating the European Convention on Human Rights and the United Kingdom’s membership of the European Union, with the latter especially being seen in some circles as an unwelcome force for harmonisation. [ABSTRACT FROM PUBLISHER]
- Published
- 2016
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