@article{1448446,
      recid = {1448446},
      author = {Lillo Lobos, Ricardo,},
      title = {Understanding due process in non-criminal matters : how to  harmonize procedural guarantees with the right to access to  justice /},
      pages = {1 online resource (xviii, 281 pages) :},
      abstract = {How we understand what procedure is due as a fundamental  or constitutional right can have a critical impact on  designing a civil procedure. Drawing on comparative law and  empirically oriented methodologies, in this book the author  provides a thorough analysis of how procedural due process  is understood both in national jurisdictions and in the  field of international human rights law. The book offers a  suitable due process theory for civil matters in general,  assessing the different roles that this basic international  human right plays in comparison with criminal justice. In  this regard, it argues that the civil justice conception of  due process has grown under the shadow of criminal justice  for too long. Moreover, the theory answers the question of  what the basic requirements are concerning the right to a  fair trial on civil matters, i.e., the question of what we  can and cannot sacrifice when designing a civil procedure  that correctly distributes the risk of moral harm while  remaining accessible to people with complex and simple  legal needs, in order to reconcile the requirements of  procedural fairness with social demands for justice. This  book makes a valuable contribution to the field of civil  justice, legal design, and access to justice by providing  an empirically based normative theory regarding the right  to a fair trial. As such, it will be of interest to a broad  audience: policymakers, practitioners and judges, but also  researchers and scholars interested in theoretical  questions in jurisprudence, and those familiar with  empirical legal studies, comparative law, and other  socio-legal studies.},
      url = {http://library.usi.edu/record/1448446},
      doi = {https://doi.org/10.1007/978-3-030-95534-2},
}