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Confronting Confrontation

Mike Redmayne

London School of Economics - Law Department

May 26, 2010

LSE Legal Studies Working Paper No. 10/2010

The right to confront adverse witnesses has brought the English courts into conflict with the European Court of Human Rights. Drawing on confrontation doctrine in Europe and the United States, this paper argues that there is no convincing rationale for the sort of strong confrontation right found under the ECHR and the US constitution. A more pragmatic approach to confrontation, based on the best evidence principle, is advocated.

Number of Pages in PDF File: 31

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Date posted: June 14, 2010 ; Last revised: June 23, 2010

Suggested Citation

Redmayne, Mike, Confronting Confrontation (May 26, 2010). LSE Legal Studies Working Paper No. 10/2010. Available at SSRN: https://ssrn.com/abstract=1616200 or http://dx.doi.org/10.2139/ssrn.1616200

Contact Information

Mike Redmayne (Contact Author)
London School of Economics - Law Department ( email )
Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7955 7245 (Phone)

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