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Absurd Asymmetry – a Comment on R v Cottrell and Fletcher 1 and BM, KK and DP (Petitioners) v Scottish Criminal Cases Review Commission 2
Author(s) -
Nobles Richard,
Schiff David
Publication year - 2008
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2008.00701.x
Subject(s) - petitioner , law , economic justice , order (exchange) , sociology , political science , economics , supreme court , finance
This note examines two cases in which English and Scottish courts have insisted that the English and Scottish Criminal Cases Review Commissions adopt the same definition and approach as them to alleged ‘miscarriages of justice’ in order to reduce the number of potential referrals and increase finality, and to reduce the challenge posed by these Commissions to the courts' authority in the legal sphere. The authors consider whether the courts' approach is either necessary or appropriate.