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This article considers the movement away from traditional adversarial processes in common law jurisdictions by considering the influence of civil European law and procedure on the development of adversarial justice. It does this by first considering aspects of adversarial procedure that preclude alternative approaches to justice against the Framework Directives of the Council of Europe, the jurisprudence of the European Court of Justice and the European Court of Human Rights, and the practice and procedure of the International Criminal Court. Collectively, these European approaches demonstrate how mixed and hybrid adversarial-inquisitorial systems address the needs of trial participants in a participatory model of justice. The second part of this article considers the growth in interventionist problem-solving and community-based justice across four common law jurisdictions that traditionally identify as adversarial, namely the United States, Canada, England and Wales, and Australia. The rise of interventionist community courts in adversarial jurisdictions demonstrate that movement toward mixed and hybrid processes akin to the civil European experience is neither radical nor alternative, but rather supported by a line of domestic authority that for some time has recognised the benefits of alternative, inquisitorial and court supervised systems of justice. KEYWORDS: Adversarial Justice. Adversarial Procedure. European Law. Common Law.

revista da faculdade de direito da universidade federal de minas gerais

MIXED AND HYBRID SYSTEMS OF JUSTICE AND THE DEVELOPMENT OF THE ADVERSARIAL PARADIGM: EUROPEAN LAW, INQUISITORIAL PROCESSES AND THE DEVELOPMENT OF COMMUNITY JUSTICE IN THE COMMON LAW STATES