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DC Field | Value | Language |
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dc.date.accessioned | 2020-10-22T12:44:50Z | - |
dc.date.available | 2020-10-22T12:44:50Z | - |
dc.date.issued | 1975 | - |
dc.identifier.citation | Mallia, M. (1975). The right to a fair trial (Master’s dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/62452 | - |
dc.description | LL.D. | en_GB |
dc.description.abstract | "If ......If ...... We didn't have freedom enough. And even more - we had no awareness of the real situation. We spent ourselves in one unrestrained outburst in 1917, and then we hurried to submit. We submitted with pleasure; we purely and simply deserved everything that happened afterward". These poignent words written by Alexander Solzhenitsyn in "The Gulag Archipelago" to explain why his people had to suffer so much under Stalin would seem to be a fit opening to a thesis on an aspect of human rights - the right to a fair trial which is the rock on which freedom from oppression and tyranny have been established in democratic countries and the best guarantee against the inequities and the travesties of justice so very rampant in dictatorial regimes. It has been suggested by some that the right to a fair hearing constitutes the fifth freedom, supplementing freedom of speech and religion, freedom from want and fear. Justice Robert Jackson reminded us that "Procedural fairness and regularity are of the indispensable essence of liberty". His colleague Justice Frankfurter opined: "The history of liberty has largely been the history of procedural safeguards". Professor A. L. Goodhart commented: "In three words 'the fair trial' we can sum up the outstanding contribution that the common law has made to civilization''· Fair hearings by no means guarantee that other rights are respected. Without fair hearings, however, other rights at best are in peril. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Due process of law -- Malta | en_GB |
dc.subject | Justice, Administration of -- Malta | en_GB |
dc.subject | Jury -- Malta | en_GB |
dc.subject | Fair trial -- Malta | en_GB |
dc.title | The right to a fair trial | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Mallia, Michael | - |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
Files in This Item:
File | Description | Size | Format | |
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Mallia_Michael_THE RIGHT TO A FAIR TRIAL.pdf Restricted Access | 4.41 MB | Adobe PDF | View/Open Request a copy |
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