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Vol 24 No 2 Feb/March 2019

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Abuse of Procedural Rights: Comparative Standards of Procedural Fairness

ISBN13: 9789041112477
ISBN: 9041112472
Published: November 1999
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £155.00

Despatched in 9 to 11 days.

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.

Courts and Procedure
General Report: Abuse of Procedural Rights: Comparative Standards of Procedural Fairness
M. Taruffo. Abuse of Procedural Rights: A Summary View of the Common Law Systems
G.C.Hazard. Regional Reports on the Abuse of Procedural Rights: Regional Report for the United States
G.C. Hazard. The Position of English Law
R. Fentiman. Abuse and Process in English Civli Litigation
N.Andrews. Report on Abuse of Procedural Rights for Australia
B.Beaumont. Regional Report for Italy and France
A. Dondi. Regional Report: Belgium-The Netherlands
P. Taelman. The Abuse of Procedural Rights in Germany and Austria
B. Hess. Abuse of Procedural Rights? F.R. Mendez. Abuse of Procedural Rights in Latin America
E.D. Oteiza. A Japanese Perpsective
J. Taniguchi. Short Note on Abuse of Procedure in Community Law
F. Mancini. Final Report: The Two Approaches to the Abuse of Procedural Rights
J. Normand. American Perspective: Jurisdiction in Civil Action at the End of the Twentieth Century: Forum Conveniens and Forum Non Conveniens
R.C. Casad. Culture and Disputing
O.G. Chase. Retooling American Discovery for the 21st Century: Toward a New World Order? R.L. Marcus. The Vicissitudes of the American Class Action -- with a Comparative Eye
L. Silberman. Forum Non Conveniens -- Who Needs It? F.K.Juenger.