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Table of Contents
Introduction
Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process
Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process. - Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters
The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America
Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs
Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems
A methodology to study two regional human rights protection systems
The Inter-American Court of Human Rights case law on due process over civil matters
The European Court of Human Rights case law on due process over civil or non-criminal matters
A brief comparison between both regional systems
Part IV. Procedural Due Process in the American Legal System
Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights
The path of procedural due process into the American Constitution. Scope of application
Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands
Why civil and criminal procedures require different theories on procedural due process
.The right to a court as a key to understanding the right to a fair trial in civil matters
A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile
Conclusions.
Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process
Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process. - Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters
The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America
Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs
Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems
A methodology to study two regional human rights protection systems
The Inter-American Court of Human Rights case law on due process over civil matters
The European Court of Human Rights case law on due process over civil or non-criminal matters
A brief comparison between both regional systems
Part IV. Procedural Due Process in the American Legal System
Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights
The path of procedural due process into the American Constitution. Scope of application
Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands
Why civil and criminal procedures require different theories on procedural due process
.The right to a court as a key to understanding the right to a fair trial in civil matters
A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile
Conclusions.