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Abuse of Procedural Rights : Comparative Standards of Procedural :  Comparative Standards of Procedural - Michele Taruffo

Abuse of Procedural Rights : Comparative Standards of Procedural

Comparative Standards of Procedural

By: Michele Taruffo (Editor)

Hardcover Published: November 1999
ISBN: 9789041112477
Number Of Pages: 370

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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 abusesthe subjects who commit themthe typologies of abusive practicesthe consequences of abusive practicesSeveral 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.

Foreword
Abuse of Procedural Rights: Comparative Standards of Procedural Fairnessp. 3
Guidelines for Regional Reports on Abuse of Procedural Rightsp. 31
Abuse of Procedural Rights: A Summary View of the Common Law Systemsp. 35
Abuse of Procedural Rights: Regional Report for the United Statesp. 43
Abuse of Procedural Rights: The Position of English Lawp. 53
Abuse of Process in English Civil Litigationp. 65
Report on Abuse of Procedural Rights for Australiap. 101
Abuse of Procedural Rights: Regional Report for Italy and Francep. 109
Abuse of Procedural Rights: Regional Report for Belgium-The Netherlandsp. 125
Abuse of Procedure in Germany and Austriap. 151
Abuse of Procedural Rights? Spain and Portugalp. 181
Abuse of Procedural Rights in Latin Americap. 191
Abuse of Procedural Rights: A Japanese Perspectivep. 215
Short Note on Abuse of Procedure in Community Lawp. 233
Final Report: The Two Approaches to the Abuse of Procedural Rightsp. 237
Observation on Sanctions against the Abuse of Procedural Rightsp. 245
Jurisdiction in Civil Action at the End of the Twentieth Century: Forum Conveniens and Forum Non Conveniensp. 251
Culture and Disputingp. 271
Retooling American Discovery for the 21st Century: Towards A New World Order?p. 281
The Vicissitudes of the American Class Action - with a Comparative Eyep. 331
Forum Non Conveniens - Who Needs It?p. 351
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041112477
ISBN-10: 9041112472
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 370
Published: November 1999
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 2.24
Weight (kg): 0.72

Earn 714 Qantas Points
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