CEU Electronic Theses and Dissertations, 2012
| Author | Burjanadze, Giorgi |
|---|---|
| Title | FAIR TRIAL GUARANTEE LIMITATIONS ON JUDICIAL NOTICE IN NATIONAL AND INTERNATIONAL CRIMINAL LAW |
| Summary | The thesis focuses on threshold requirements on judicial notice from fair trial guarantee standpoint. It analyzes all forms of judicial notice and limits subject matter on judicial notice of adjudicated facts. The main goal of the thesis was to identify problematic aspects of judicial notice from fair trial guarantee perspective and set respective limitation clauses for them. Initially thesis analyzes methods of proof and then concentrates on judicial notice as an exception from the above rule. Components and types of evidence are being defined in the light of different jurisdictions. International human rights institutions’ case laws and legislative materials were used for framing fair trial standards. Equality of arms, adversariality, presumption of innocence, impartiality of the tribunal, reformation in pejus, nullum judicium sine lege and other elements were discussed in the light of judicial notice and respective threshold requirements were set for the preservation of balance between judicial efficiency and human rights. Relevance and importance of the thesis is vital since all jurisdictions have problems with proper limitations of judicial notice. According to the thesis there is no perfect regulation of judicial notice and internalization and “lingua franca” nature of human rights can be used as a good way of limiting it. Thesis additionally stresses an importance of changing some case laws and the regulations of different states. |
| Supervisor | Jeremy McBride |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/burjanadze_giorgi.pdf |
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