Understanding Due Process in Non-Criminal Matters

Introduction.- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process.-  Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process.?- Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters.- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America.- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs.- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems.- A methodology to study two regional human rights protection systems.- The Inter-American Court of Human Rights case law on due process over civil matters.-  The European Court of Human Rights case law on due process over civil or non-criminal matters.- A brief comparison between both regional systems.- Part IV. Procedural Due Process in the American Legal System.- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights.- The path of procedural due process into the American Constitution. Scope of application.- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands.- Why civil and criminal procedures require different theories on procedural due process.- .The right to a court as a key to understanding the right to a fair trial in civil matters.- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile.- Conclusions.
Language: English