Special Advocates in the Adversarial System

Author:   John Jackson
Publisher:   Taylor & Francis Ltd
ISBN:  

9780367726850


Pages:   292
Publication Date:   31 March 2021
Format:   Paperback
Availability:   In Print   Availability explained
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Special Advocates in the Adversarial System


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Overview

The last twenty years have seen an unprecedented rise in the use of secret courts or 'closed material proceedings' largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of 'special advocates' who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.

Full Product Details

Author:   John Jackson
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.576kg
ISBN:  

9780367726850


ISBN 10:   0367726858
Pages:   292
Publication Date:   31 March 2021
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

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John Jackson is Professor of Comparative Criminal Law and Procedure at the School of Law, University of Nottingham, UK and is a qualified barrister.

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