首页 >
法律 >
权法 >
Expert Evidence Deficiencies in the Judgements of the Courts of the European Union and the European Court of Human Rights

Expert Evidence Deficiencies in the Judgements of the Courts of the European Union and the European Court of Human Rights

作者： George Cumming
出版商： Kluwer Law International
ISBN: 9789041141231
出版时间 March 2014
规格： Hardback , 272 pages
适应领域： European Union ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥967.20

￥938.18 Save ￥29.02 (3%)

或

下载订单表

加入收藏
| 加入比较

描述
大纲

详细
Questions of admissibility surrounding expert evidence have always bedevilled the judiciary. However, statutory language and rules of procedure, conscientiously interpreted and applied to the use of expert evidence, can go a long way towards achieving rectitude of decision where judgement requires knowledge not necessarily possessed by the jurists responsible for trying the case. In this remarkable work of analysis and commentary, George Cumming takes the position that the prominent international courts of Europe fail to follow their own rules of procedure in the use of expert opinion, thus potentially breaching the express right to a fair trial embodied within Article 6 (1) ECHR. In the process of developing his core thesis that statutory interpretation often requires the use of expert evidence in order to achieve a semantically accurate meaning, the author focuses on such crucially important topics as the following:
- the necessity for expert interpretation of technical language;
- how the non-expert use of technical words unjustifiably enlarges their scope of application;
- social scientific methods of statutory interpretation and proof of meaning;
- relevance of the court’s duty to properly examine the merits;
- use and admissibility of so-called Brandeis Brief materials;
- contexts involving competing social or political philosophies; and
- how use of experts may serve to confer an element of social legitimacy upon a statutory interpretation.
The centrepiece of the analysis is a comparative examination of the use of expert evidence (or lack thereof) in controversial cases in five tribunals: the European Court of Human Rights, the Court of Justice of the European Union, the Supreme Court of the United States, the Supreme Court of Canada, and the Supreme Court of British Columbia, Canada. In great detail the author shows how the three US and Canadian courts have demonstrated a degree of credibility which is very much related to the quality of the expert evidence they consider – credibility he finds lacking in the European judgements.

Given the limited ability of procedure to achieve rectitude of decision, this extraordinary work has far-reaching implications for recognition of the rule of law. The author shows how the expert evidence deficiency found in the European courts undermines empirical analysis of their application of the TFEU and ECHR, thus adding another obstacle to an already problematic search for legal truth. Dealing as this book does with the use of vital evidence in the context of a procedural deficit, it cannot be ignored by European jurists or legal academics.
Introduction. CHAPTER 1 Brief Overview of Statutory Interpretation. CHAPTER 2 Scope of Expert Evidence as Regards the Court of Justice of the European Union, the General Court and the European Court of Human Rights. CHAPTER 3 Use of Expert Evidence in Selected Judgments of the United States’ Supreme Court (USSC), the Supreme Court of Canada (SCC) and the Supreme Court of British Columbia (Canada) (BCSC). CHAPTER 4 The CJ and GC Involving Primarily Pursuant to Article 267 TFEU References Citizenship and Competition Law and One Direct Action for Non-contractual Liability against the Commission. CHAPTER 5 European Court of Human Rights Judgments Hirst (2) and Scoppola. Conclusion. Bibliography. Index.

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: ￥497.55

￥482.62 Save ￥14.93 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): ￥3,161.07


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: ￥1,283.40

￥1,244.90 Save ￥38.50 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: ￥3,255.00

￥3,157.35 Save ￥97.65 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: ￥3,329.40

￥3,229.52 Save ￥99.88 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: ￥2,120.40

￥2,056.79 Save ￥63.61 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: ￥4,092.00

￥3,969.24 Save ￥122.76 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: ￥1,934.40

￥1,876.37 Save ￥58.03 (3%)


Clough & Clough on Personal Injuries: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: ￥2,325.00

￥2,255.25 Save ￥69.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: ￥2,974.14

￥2,884.92 Save ￥89.22 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: ￥2,643.99

￥2,564.67 Save ￥79.32 (3%)


Hong Kong Company Law, 15th Edition: List Price: ￥457.56

￥443.83 Save ￥13.73 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Hong Kong Family Court Practice, 4th Edition: List Price: ￥2,511.00

￥2,435.67 Save ￥75.33 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: ￥1,581.00

￥1,533.57 Save ￥47.43 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

Expert Evidence Deficiencies in the Judgements of the Courts of the European Union and the European Court of Human Rights

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

Expert Evidence Deficiencies in the Judgements of the Courts of the European Union and the European Court of Human Rights

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title