Assessing Overall Unfairness of Limitations on Fair Trial Rights in Summary Criminal Processes: A Remedy for Due-Process-Evading Justice
In an era of preventive and administrative state, massive limitations on fair trial rights in summary criminal processes (for preventive measures, non-serious offences and regulatory offences) raise concerns about the extent of procedural rights ought to be designed for these procedures. Due to the nature of fair trial rights, overall balancing is the most meaningful sub-test among four sub-tests of proportionality analysis to assess the overall fairness of those limitations on procedural rights.
However, it is acknowledged that applying a formulaic balancing process to a bundle of fair trial rights is an extremely thorny and even impossible task. By examining the English and Vietnamese models of due-process-evading summary criminal processes, this article develops two analytical tools, acting as prerequisites for the formulaic overall balancing, to assessing overall (un)fairness of limitations on fair trial rights. First, apart from internal and external overall fairness, Dat Tien Bui develops reasoning about the two-stage overall fairness. Accordingly, he identifies four models of two-stage process and analyse their suitability for different measures. Second, I suggest that it is crucial to determine the core of procedural due process, which is comprised of several essential elements of the right to a fair trial.
When? On 31 May 2016, 10:30
Where? Faculty of Law, Ghent University, Faculty Board Room, Voldersstraat 3
By whom? by Mr. Dat Tien Bui, lecturer at Vietnam National University Hanoi and PhD candidate at Macquarie University (Australia)