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- Title
Confrontation: the defiance of the English courts.
- Authors
O'Brian, William E.
- Abstract
This article discusses recent decisions that have made explicit a conflict that has long been brewing between the English courts and the European Court of Human Rights regarding Article 6(3)(d) of the European Convention on Human Rights, which protects a defendant's right to examine or have examined the witnesses against him. It argues that the European Court has correctly interpreted the Convention and that the Supreme Court's case-by-case approach to the right of confrontation would give insufficient protection to the defendant.
- Subjects
ACTIONS &; defenses (Law); RIGHT of confrontation; COURTS; HUMAN rights; WITNESSES
- Publication
International Journal of Evidence & Proof, 2011, Vol 15, Issue 2, p93
- ISSN
1365-7127
- Publication type
Article
- DOI
10.1350/ijep.2011.15.2.372