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

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: September 29, 2019

Abstract

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

Hodgson, Jacqueline S., The Challenge of Universal Norms: Securing Effective Defence Rights Across Different Jurisdictions and Legal Cultures (September 29, 2019). 46(S1) Journal of Law and Society (2019) 95-114, Available at SSRN: https://ssrn.com/abstract=3588779

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
17
Abstract Views
138
PlumX Metrics