The Challenge of Universal Norms: Securing Effective Defence Rights Across Different Jurisdictions and Legal Cultures
46(S1) Journal of Law and Society (2019) 95-114
19 Pages Posted: 28 May 2020
Date Written: September 29, 2019
This article considers the contribution of comparative empirical research in shaping best practice norms for custodial legal advice, and helping to address challenges in their implementation. It traces the role of ECtHR decisions and EU Directives in developing transnational norms to strengthen suspects’ right to legal assistance. Recognizing how these norms are translated into the national context, it considers the value of comparative empirical and socio‐legal research in helping to develop legislative and training measures; how roles and responsibilities are shared out in different legal systems and traditions; and practical arrangements that facilitate or inhibit the effectiveness of custodial legal advice in practice. There is a tension between framing transnational norms that are sufficiently universal to attract support, without being so broad as to lack any transformational force, and sufficiently detailed to ensure respect for core protections without imposing legal requirements too rigid and difficult to be absorbed into diverse processes of criminal justice.
Keywords: European defence, suspects' rights, comparative, reform, EU, ECHR
JEL Classification: K14
Suggested Citation: Suggested Citation