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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Due Process

Agustín Ruiz Robledo

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 July 2024

Detention — Due process — Equality — Fair hearing and fair trial — Freedom from arbitrary detention

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The due process is one of the great legal principles, which, under that name or another of similar value, is an essential part of all States of law to prevent arbitrary power. Its function is to ensure that all persons are tried according to a procedure previously established by law, which enables them to receive a fair trial before an impartial judge (right to a fair trial in criminal law cases; right to a fair trial in civil law cases; right to a fair trial in administrative law cases). The due process is projected over the three powers of the state: the...
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