The more micro comparisons of similar countries

This preview shows page 11 - 13 out of 15 pages.

The more micro comparisons of similar countries should also have a historical dimension as our findings suggest that matters such as the starting points for rights, the timing of rights and the contingency of interests and rights that compete with disclosure rights play an important role. In this sense, comparative constitutional law may follow the path of a history of legal ideas and legal reform (Langer 2007). Another approach would be to focus on events with global repercussions such as the increased emphasis on the prevention of terrorism since 9/11 (Roach 2011). This approach demonstrates, consistent with our findings on the first axis of comparison, both broad convergence in accepting limits on disclosure rights in the name of national security and witness protection, and continued divergence in the precise implementation of these limits on disclosure rights.
Image of page 11

Subscribe to view the full document.

12 Again the glimpse of comparative constitutional law presented in this chapter is one of simultaneous convergence and divergence united by the continued impact of both different legal traditions and global pressures, but also divided by the historical specificity of the law as it is shaped in each country and each era. References Bradley, C ‘Overview’, Criminal Procedure. A Worldwide Study (Bradley C ed Durham, Carolina University Press, 2007) Choudry, S The Migration of Constitutional Ideas (Cambridge: Cambridge University Press, 2006) Corker, D & Parkison, S Disclosure in Criminal Proceedings (Oxford, Oxford University Press, 2009) Damaška, M ‘Evidentiary Barriers to Conviction and Two Models of Criminal Procedure: A Comparative Study’, University of Pennsylvania Law Review 121: 506-89 (1973) Damaška, M The Faces of Justice and State Authority (New Haven and London, Yale University Press, 1986) Damaška, M The Quest for Due Process in the Age of Inquisition (2011) (on file with the authors) Devins, N and Fisher, L The Democratic Constitution (Oxford, Oxford University Press, 2004) Glenn, P Legal Traditions of the World 4 th ed (Oxford, Oxford University Press, 2010) Hodgson, J French Criminal Justice (Portland, Hart Publishing, 2005) Human Rights Watch, Preempting Justice. Counterterrorism Laws and Procedures in France (2008) Jackson, J ‘Transnational Faces of Justice: Two Attempts to Build Common Standards Beyond National Boundaries’, Crime, Procedure and Evidence in a Comparative and International Context (Jackson J, Langer, M & Tillers P (eds), Oxford and Portland, Hart Publishing, 2008) Kagan, R Adversarial Legalism (Cambridge, Harvard University Press, 2001) Kitai-Sangero, R ‘Israel’ in Criminal Procedure: A Worldwide Survey 2d Bradley C. ed (Durham: Carolina Academic Press, 2007)
Image of page 12