Criminal Justice in Europe: A Comparative Study

By Phil Fennell; Christopher Harding et al. | Go to book overview

4
The European Convention on Human Rights and Criminal Justice in the Netherlands and the United Kingdom

BERT SWART AND JAMES YOUNG


INTRODUCTION

Both the Netherlands and the UK became parties to the European Convention at an early stage in its history, the UK in 1951 and the Netherlands in 1954. Both have accepted the right of aggrieved individuals to petition the European Commission of Human Rights and the compulsory jurisdiction of the European Court of Human Rights at the instigation of the Commission or another State Party to the Convention--the Netherlands in 1960 and the UK in 1966. However, the marked difference in approaches to the performance of their treaty obligations has made a considerable difference to the way in which the influence of the Convention has been felt in the two states. In the Netherlands the Convention is enforceable in the courts, whereas successive British governments have rejected proposals to make Convention rights domestically justiciable. Furthermore, the difference between the criminal justice systems in both countries has meant that challenges to national law and practice have been directed at different aspects of each system.

Differences between the two legal systems raise interesting questions of comparative law. First, what difference does it really make to the effective implementation of a human rights convention whether or not national courts of a Contracting Party are empowered to apply the convention directly? Secondly, can it be said that the Convention exerts a harmonizing influence on the criminal justice systems concerned? More specifically, the most tantalizing question here is whether the Convention contributes to a convergence between legal systems that belong to the common law tradition, like the UK, and those belonging to the civil law tradition, like the Netherlands. To these complex questions we shall try to provide elements of possible answers.

-57-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Criminal Justice in Europe: A Comparative Study
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 406

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.