Confronting Confrontation

31 Pages Posted: 14 Jun 2010 Last revised: 23 Jun 2010

See all articles by Mike Redmayne

Mike Redmayne

London School of Economics - Law School

Date Written: May 26, 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.

Suggested Citation

Redmayne, Mike, Confronting Confrontation (May 26, 2010). LSE Legal Studies Working Paper No. 10/2010, Available at SSRN: or

Mike Redmayne (Contact Author)

London School of Economics - Law School ( email )

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