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Confronting Confrontation

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

Mike Redmayne

London School of Economics - Law Department

Date Written: May 26, 2010

Abstract

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: https://ssrn.com/abstract=1616200 or http://dx.doi.org/10.2139/ssrn.1616200

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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