Constitutionalisation of the right to a fair criminal trial as a process inspired by constitutional courts: Editorial of the dossier “The role of constitutional courts in shaping procedural fairness in criminal cases”

The 20th century is sometimes referred to as the century of constitutional courts. Constitutional justice was designed to ensure the protection of the constitution. Supporters of constitutional courts saw in it an opportunity to guarantee the supremacy of the constitution, to protect the individual...

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Bibliographic Details
Main Author:	Klopocka, Marta
Format:	Article
Language:	English
Published:	2022
Subjects:	Tribunais constitucionais constitucionalização do devido processo direitos do justo processo penal Constitutional courts constitutionalisation of procedural fairness fair trial rights in criminal cases
Online Access:	https://dialnet.unirioja.es/servlet/oaiart?codigo=8438806
Source:	Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 8, Nº. 1, 2022
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Constitutionalisation of the right to a fair criminal trial as a process inspired by constitutional courts: Editorial of the dossier “The role of constitutional courts in shaping procedural fairness in criminal cases”

Summary:	The 20th century is sometimes referred to as the century of constitutional courts. Constitutional justice was designed to ensure the protection of the constitution. Supporters of constitutional courts saw in it an opportunity to guarantee the supremacy of the constitution, to protect the individual against arbitrariness and omnipotence of the parliamentary majority. A key moment in this regard was the constitutionalisation of human rights and freedoms. Most of the fundamental rights, including procedural rights relevant to the criminal process, were incorporated into the constitution. This resulted in a rapid development of constitutional jurisprudence, especially in the matter of the right to a fair trial. Regardless of the scope of constitutional regulation, the right to a fair trial has become the most frequently invoked standard of review before the constitutional court. The constitutionalisation of guarantees of a fair criminal trial has become a fact. The article discusses what role constitutional courts play in this process and how they enrich the acquis constitutionnel with standards regarding fairness in criminal proceedings.

Constitutionalisation of the right to a fair criminal trial as a process inspired by constitutional courts: Editorial of the dossier “The role of constitutional courts in shaping procedural fairness in criminal cases”

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