THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS
This paper aims to define the outlines of the judicial duty to provide reasons for their decisions in its theoretical aspect - according to contemporary procedural knowledge -, as well as to establish its importance for the concretion of a fair trial. At the same time, the duty to give reasons will...
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| Format: | Article |
| Language: | English |
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Universidade do Estado do Rio de Janeiro
2015-06-01
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| Series: | Revista Eletrônica de Direito Processual |
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| Online Access: | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/16877/12523 |
| Summary: | This paper aims to define the outlines of the judicial duty to provide reasons for their decisions in its theoretical aspect - according to contemporary procedural knowledge -, as well as to establish its importance for the concretion of a fair trial. At the same time, the duty to give reasons will be analyzed in a practical perspective according to the case-law of the European Court of Human Rights, with a special emphasis in the case Taxquet v. Belgium and its impact on Jury Trials. |
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| ISSN: | 1982-7636 |