The reasoning of judicial decisions is considered one of the guarantees of the Right to Fair Process contemplated in art. 6, § 1, of the European Convention for the Protection of Human Rights and Fundamental Freedoms, fully developed by the jurisprudential activity of the European Court of Human Rights (ECHR). This article seeks to reconstruct and critically analyze the affirmation of the right to reasoning in judicial decisions and its contours by ECHR case law, respecting, at the same time, national specificities related to the discipline and the style of judicial decisions. In terms of purpose, fundamental research methodology was applied, descriptive concerning objectives, qualitative in terms of approach, deductive and dialectical in terms of method, and bibliographical and jurisprudential in terms of procedure.
Reasoning of judicial decisions and Due Process according to the European Court of Human Rights case law / N. Posenato. - In: REVISTA JURIDICA DA PRESIDENCIA. - ISSN 2236-3645. - 24:(2022 Dec 30), pp. 134.606-134.627. [10.20499/2236-3645.RJP2022v24e134-2925]
Reasoning of judicial decisions and Due Process according to the European Court of Human Rights case law
N. Posenato
2022
Abstract
The reasoning of judicial decisions is considered one of the guarantees of the Right to Fair Process contemplated in art. 6, § 1, of the European Convention for the Protection of Human Rights and Fundamental Freedoms, fully developed by the jurisprudential activity of the European Court of Human Rights (ECHR). This article seeks to reconstruct and critically analyze the affirmation of the right to reasoning in judicial decisions and its contours by ECHR case law, respecting, at the same time, national specificities related to the discipline and the style of judicial decisions. In terms of purpose, fundamental research methodology was applied, descriptive concerning objectives, qualitative in terms of approach, deductive and dialectical in terms of method, and bibliographical and jurisprudential in terms of procedure.File | Dimensione | Formato | |
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