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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Right to a Fair Trial in Civil Law Cases

Ana Koprivica

Subject(s):
Citizens' rights — Administrative law — Due process — Administrative procedures — Fair hearing and fair trial — Freedom from arbitrary detention
1. A ‘fair’ trial at the national level is generally defined as a trial by an impartial and disinterested tribunal in accordance with regular procedures (Black’s Law Dictionary 717). It is also frequently referred to as due process (eg Constitution of the United States of America: 17 September 1787 (as Amended to 7 May 1992) Fifth Amendment and Fourteenth Amendment Section 1 (US); the Constitution of the Federative Republic of Brazil: 5 October 1988 (as Amended to 15 September 2015) Title II, Chapter 1, Art. 5 LIV (Braz); Constitution of the Italian Republic: 22...
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