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The challenge of universal norms : securing effective defence rights across different jurisdictions and legal cultures
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Hodgson, Jacqueline (2019) The challenge of universal norms : securing effective defence rights across different jurisdictions and legal cultures. Journal of Law and Society, 46 (S1). S95-S114. doi:10.1111/jols.12185
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Official URL: https://doi.org/10.1111/jols.12185
Abstract
This article considers the contribution of comparative empirical research in shaping best practice norms for custodial legal advice, and helping to address challenges in their implementation. It traces the role of ECtHR decisions and EU Directives in developing transnational norms to strengthen suspects’ right to legal assistance. Recognizing how these norms are translated into the national context, it considers the value of comparative empirical and socio‐legal research in helping to develop legislative and training measures; how roles and responsibilities are shared out in different legal systems and traditions; and practical arrangements that facilitate or inhibit the effectiveness of custodial legal advice in practice. There is a tension between framing transnational norms that are sufficiently universal to attract support, without being so broad as to lack any transformational force, and sufficiently detailed to ensure respect for core protections without imposing legal requirements too rigid and difficult to be absorbed into diverse processes of criminal justice.
| Item Type: | Journal Article | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KC International Law K Law [Moys] > KM Common Law, Public Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Right to counsel, Criminal justice, Administration of , Judicial assistance | ||||||||
| Journal or Publication Title: | Journal of Law and Society | ||||||||
| Publisher: | Wiley-Blackwell Publishing Ltd. | ||||||||
| ISSN: | 0263-323X | ||||||||
| Official Date: | October 2019 | ||||||||
| Dates: |
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| Volume: | 46 | ||||||||
| Number: | S1 | ||||||||
| Page Range: | S95-S114 | ||||||||
| DOI: | 10.1111/jols.12185 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Publisher Statement: | This is the peer reviewed version of the following article: Hodgson, J. (2019), The Challenge of Universal Norms: Securing Effective Defence Rights Across Different Jurisdictions and Legal Cultures. Journal of Law and Society, 46: S95-S114. doi:10.1111/jols.12185, which has been published in final form at https://doi.org/10.1111/jols.12185. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Copyright Holders: | © 2019 The Author. Journal of Law and Society © 2019 Cardiff University Law School | ||||||||
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