The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights
The principle of equality of arms proposes that a fair balance be provided between the parties to a proceeding and that equality must be ensured between the parties regarding their rights and obligations during the course of the proceeding. This balance must be maintained through all stages of the p...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
Istanbul University Press
2021-12-01
|
| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/4A4DF434439046C4B112B65864ED21CB |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850204081409228800 |
|---|---|
| author | Akif Yıldırım Ayhan Kılıç |
| author_facet | Akif Yıldırım Ayhan Kılıç |
| author_sort | Akif Yıldırım |
| collection | DOAJ |
| description | The principle of equality of arms proposes that a fair balance be provided between the parties to a proceeding and that equality must be ensured between the parties regarding their rights and obligations during the course of the proceeding. This balance must be maintained through all stages of the proceeding. In light of the judgments of the European Court of Human Rights and the Constitutional Court, this study examines issues related to the equality of arms, which is a constitutional safeguard within the ambit of the right to a fair trial. Additionally, the study submits solution suggestions regarding these matters. The foundational principle of equality of arms, its conceptual framework, and its elements are explained in achieving the objectives of this study. Further, the different practical versions of the principle, as it relates to the right to a fair trial, will be addressed. |
| format | Article |
| id | doaj-art-9f682c4a5f6d4cbeb11f5dbe5a577949 |
| institution | OA Journals |
| issn | 2602-3911 |
| language | deu |
| publishDate | 2021-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Ceza Hukuku ve Kriminoloji Dergisi |
| spelling | doaj-art-9f682c4a5f6d4cbeb11f5dbe5a5779492025-08-20T02:11:21ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112021-12-019234141110.26650/JPLC2021-1010290123456The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human RightsAkif Yıldırım0https://orcid.org/0000-0002-8426-9829Ayhan Kılıç1https://orcid.org/0000-0001-9162-2806Anayasa Mahkemesi, Ankara, TurkiyeAnayasa Mahkemesi, Ankara, TurkiyeThe principle of equality of arms proposes that a fair balance be provided between the parties to a proceeding and that equality must be ensured between the parties regarding their rights and obligations during the course of the proceeding. This balance must be maintained through all stages of the proceeding. In light of the judgments of the European Court of Human Rights and the Constitutional Court, this study examines issues related to the equality of arms, which is a constitutional safeguard within the ambit of the right to a fair trial. Additionally, the study submits solution suggestions regarding these matters. The foundational principle of equality of arms, its conceptual framework, and its elements are explained in achieving the objectives of this study. Further, the different practical versions of the principle, as it relates to the right to a fair trial, will be addressed.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/4A4DF434439046C4B112B65864ED21CBequality of armsright to a fair trialprocedural resortsfair balanceequality in opportunities |
| spellingShingle | Akif Yıldırım Ayhan Kılıç The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights Ceza Hukuku ve Kriminoloji Dergisi equality of arms right to a fair trial procedural resorts fair balance equality in opportunities |
| title | The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights |
| title_full | The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights |
| title_fullStr | The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights |
| title_full_unstemmed | The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights |
| title_short | The Principle of Equality of Arms in Light of the Decisions of the Constitutional Court and European Court of Human Rights |
| title_sort | principle of equality of arms in light of the decisions of the constitutional court and european court of human rights |
| topic | equality of arms right to a fair trial procedural resorts fair balance equality in opportunities |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/4A4DF434439046C4B112B65864ED21CB |
| work_keys_str_mv | AT akifyıldırım theprincipleofequalityofarmsinlightofthedecisionsoftheconstitutionalcourtandeuropeancourtofhumanrights AT ayhankılıc theprincipleofequalityofarmsinlightofthedecisionsoftheconstitutionalcourtandeuropeancourtofhumanrights AT akifyıldırım principleofequalityofarmsinlightofthedecisionsoftheconstitutionalcourtandeuropeancourtofhumanrights AT ayhankılıc principleofequalityofarmsinlightofthedecisionsoftheconstitutionalcourtandeuropeancourtofhumanrights |