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Nobody's Perfect

Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters

Book | 1st edition 2014 | United Kingdom | Alan Uzelac, C.H. van Rhee
Description

Nobody’s perfect. Nevertheless, public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. Since no one has a monopoly on ultimate correctness, a large part of trust in the correct and objective nature of outcomes of the judicial process is rooted in the trust in the mechanisms of quality control. However, the specific nature of the judicial process, encapsulated in the principle of judicial independence and in the right to fair and swift adjudication, requires specific control mechanisms that have to achieve a sensitive balance between various aims and goals.

Based on these observations, the present book focuses on the systems of appellate control of court judgments. The intention of the editors is to explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights. Recognising that any approach to appeal has to strike a balance between the ideals of correctness, legitimacy and impeccable legal reasoning, on the one hand, and the ideals of legal certainty, effectiveness and efficiency, on the other, the contributors to this book were invited to discuss how contemporary justice systems deal with this issue. This allows an evaluation of whether the issues in debate are rather disparate or whether, on the contrary, the procedural philosophies and approaches to appeal in different legal systems are converging.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780682365
Series name Ius Commune Europaeum
Weight 660 g
Status Available
Number of pages xx + 376 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date May 5, 2014
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • INTRODUCTION
  • APPEALS AND OTHER MEANS OF RECOURSE AGAINST JUDGMENTS IN THE CONTEXT OF THE EFFECTIVE PROTECTION OF CIVIL RIGHTS AND OBLIGATIONS
    Alan Uzelac, C.H. van Rhee
  • DEFINING THE ISSUES: CIVIL APPEAL AND FAIR TRIAL RIGHTS
  • APPEALS AND ‘TRIAL WITHIN REASONABLE TIME’: A EUROPEAN PERSPECTIVE
    Jon Johnsen
  • APPELLATE PROCEEDINGS IN CIVIL CASES – TRADITIONAL REMEDIES IN LIGHT OF CONTEMPORARY PROBLEMS
    Georg Kodek
  • WEALTH SHIFT AS A CRITERION TO ASSESS THE IMPACT OF APPELLATE PROCEEDINGS - APPLIED TO DUCH CIVIL APPEAL
    Lucas Jan van der Baaren, Jonathan Huijts, Lisa Molenaars, Fokke Fernhout
  • LESS APPEAL, MORE EFFICIENCY
  • RESTRICTIONS ON APPEALS IN ENGLISH LAW
    Neil Andrews
  • APPELLATE REVIEW IN CALIFORNIA: LIMITS ON THE RIGHT TO RECOURSE
    Andrea J. Saltzman
  • APPELLATE REVIEW IN THE REACTIVE MODEL: THE EXAMPLE OF THE AMERICAN FEDERAL COURTS
    Richard L. Marcus
  • APPEAL IN CIVIL AND ADMINISTRATIVE CASES IN THE NETHERLANDS
    C.H. van Rhee
  • MORE APPEAL, LESS EFFICIENCY
  • CIVIL APPEALS AND OTHER MEANS OF RECOURSE AGAINST JUDGMENTS IN CHINA: A CRITICAL REVIEW OF THE PROCEDURAL ISSUES
    Peter Chan
  • APPEALS IN CIVIL PROCEDURE IN SLOVENIA: WHY THE RECENT REFORMS OF CIVIL PROCEDURE DID NOT MANAGE TO AVOID THE ENDLESS CYCLE OF REMITTALS
    Jorg Sladic
  • FEATURES AND SHORTCOMINGS OF APPELLATE REVIEW IN CIVIL AND ADMINISTRATIVE CASES IN CROATIA
    Alan Uzelac
  • THE RECENT AMENDMENTS TO THE ITALIAN APPEALS SYSTEM
    Franco Ferrari
  • RECOURSE TO THE HIGHEST JUDICIAL AUTHORITIES: HOW MUCH, AND WHY?
  • WHAT IS AN IMPORTANT CASE? ADMISSIBILITY OF APPEALS TO THE SUPREME COURTS IN THE GERMAN-SPEAKING JURISDICTIONS
    Tanja Domej
  • RESHAPING THE ROLE OF SUPREME COURTS IN THE COUNTRIES OF THE FORMER YUGOSLAVIA
    Ales Galic
  • TWO WAYS TO UNIFORMITY: RECOURSE TO THE SUPREME COURT IN THE CIVIL LAW AND THE COMMON LAW WORLD
    Pablo Bravo-Hurtado
  • APPEALS IN SPECIAL CASES
  • CONSUMER ADR AND APPEALS
    Christopher Hodges
  • RECOURSE AGAINST JUDGMENTS ON INTERNATIONAL JURISDICTION
    Gina Gioia
  • THE POWERS OF THE APPELLATE COURT IN THE CONTEXT OF THE EFFECTIVE PROTECTION OF A CHILD’S RIGHT TO MAINTENANCE
    Sladana Aras