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16 - Exceptional Courts and the European Convention on Human Rights

Published online by Cambridge University Press:  05 June 2014

Steven Greer
Affiliation:
University of Bristol Law School and United Kingdom’s Academy of Social Sciences
Fionnuala Ni Aoláin
Affiliation:
University of Minnesota School of Law
Oren Gross
Affiliation:
University of Minnesota School of Law
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Summary

WHAT IS A COURT OF EXCEPTIONAL, SPECIAL, OR EXTRAordinary jurisdiction, and how can it be distinguished from a normal or regular court, or one with merely a particular or specific jurisdiction? Answering these questions in the context of contemporary Europe is complicated by the fact that, in spite of the homogenization of public institutions since the end of the Cold War, various legal traditions continue to flourish. As a result, there is no uniform structural or procedural model of a normal court against which those with particular, special, exceptional, or extraordinary jurisdiction might easily be compared. Furthermore, although the specialization of professional functions, an inherent feature of modernity, has ramifications for European and other modern legal processes, the emergence of tribunals with specific jurisdiction – over, for example, family, juvenile, maritime, election, commercial, immigration, military, employment, and antiterrorist matters – is not just a recent or one-way trend. Courts with special, extraordinary, or specific jurisdiction were also a feature of premodern Europe. Some tribunals, such as ecclesiastical courts, have also either disappeared or greatly diminished in significance as the “contemporary European institutional model” has become both deeply and widely institutionalized.

Type
Chapter
Information
Guantánamo and Beyond
Exceptional Courts and Military Commissions in Comparative Perspective
, pp. 341 - 360
Publisher: Cambridge University Press
Print publication year: 2013

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References

Summers, Sarah, Fair Trials: The European Criminal Procedural Tradition and the European Court of Human Rights (2007)
Greer, Steven, The European Convention on Human Rights: Achievements, Problems and Prospects 317 (2006).
Langford, Ian, Fair Trial: The History of an Idea, 8 J. Hum. Rts. 37 (2009)
Harris, David, The Right to a Fair Trial in Criminal Proceedings as a Human Right, 16 Int'l & Comp. L.Q. 352 (1967).
Rumford, Chris, Resisting Globalization? Turkey-EU Relations and Human and Political Rights in the Context of Cosmopolitan Democratization, 18 Int'l Soc. 379, 381–83 (2003).
Arden, Mary, Meeting the Challenge of Terrorism: The Experience of English and other Courts, 80 Austl. L.J. 818 (2006)
Warbrick, Colin, The Principles of the European Convention on Human Rights and the Response of States to Terrorism, 3 Eur. Hum. Rts. L. Rev. 287 (2002).
Jackson, John, Vicious and Virtuous Cycles in Prosecuting Terrorism: The Diplock Court Experience, in this volume
Greer, Steven and White, Anthony, Abolishing the Diplock Courts: The Case for Restoring Jury Trial to Scheduled Offences in Northern Ireland (1986).
Schmid, Evelyne, A Few Comments on a Comment: The UN Human Rights Committee's General Comment No. 32 on Article 14 of the ICCPR and the Question of Civilians Tried by Military Courts, 14 Int'l J. Hum. Rts. 1058 (2010).

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