Share and Export
Share and Export
Ring, Sinéad (2014) Analysing 'Fairness in Context' in Historic Child Sexual Abuse Prohibition Applications. Irish Criminal Law Journal, 23 (4). pp. 132-141. ISSN 0791-539X
Preview
Analysing_Fairness_in_Context_in_Histori.pdf
Download (130kB) | Preview
Abstract
Prohibition applications relating to historic child abuse charges are a litmus test of the courts' commitment to upholding fairness to the accused. This article argues that the prohibition case law reveals two trends: one in which fairness is being marginalised; and another in which it is given a contextualised meaning. The article argues that the latter approach represents an attempt to re-imagine fairness to the accused in prohibition applications. Analysing fairness in context is shown to be a continuation of a tradition in Irish constitutional jurisprudence of understanding fairness to the accused as both fundamental and evolving. Published in (2013) Irish Criminal Law Journal 132-140.
| Item Type: | Article |
|---|---|
| Keywords: | fair trial; due process; criminal process; |
| Academic Unit: | Faculty of Social Sciences > Law |
| Item ID: | 15307 |
| Depositing User: | Sinead Ring |
| Date Deposited: | 25 Jan 2022 10:36 |
| Journal or Publication Title: | Irish Criminal Law Journal |
| Publisher: | Thomson Round Hall |
| Refereed: | Yes |
| URI: | https://mural.maynoothuniversity.ie/id/eprint/15307 |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
Repository Staff Only (login required)
- Item control page
Downloads
Downloads per month over past year
