Equality of Arms: Indian and European Human Rights Court Systems

ISBN-13: 9783659461149 / Angielski / Miękka / 2013 / 60 str.

H. Abdul Azeez

Opis

This book analyzes the extent of application of the principle of equality of arms as evolved by the jurisprudence of European Court of Human Rights as an effective mechanism of fair trial guarantee under the European Convention on Human Rights on a comparative perspective with that of India. It identifies, in the light of Convention, Constitutional provisions, legislative framework and the analysis of case law that India has been effectively applying the principle of equality of arms in criminal trials. More particularly, the book examines procedural protection guaranteed of the rights of the accused to defend his side on par with that of prosecution between these two legal systems, viz., national in the case of India and super national in the case of European Court of Human Rights. The enthusiasm for the application of the procedural equality by India has not been found with the European Court of Human Rights until recently.

O autorze

Dr. H. Abdul Azeez is working as the Head of Department (Law) at the Kerala Police Academy, India. He took his first LL.M and Ph.D. from University of Kerala and the Second LL.M. from Central European University, Hungary. He has experience as Judicial Magistrate, Professor of Law in India and Africa, Legal Adviser in CRAE,London.