Open AccessConstitutionalisation of the right to a fair criminal trial as a process inspired by constitutional courts
Author(s) -
Marta Kłopocka-Jasińska
Publication year - 2022
Publication title -
revista brasileira de direito processual penal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.186
H-Index - 3
eISSN - 2525-510X
pISSN - 2359-3881
DOI - 10.22197/rbdpp.v8i1.703
Subject(s) - law , constitution , political science , jurisprudence , human rights , fundamental rights , arbitrariness , constitutional review , constitutional right , right to a fair trial , criminal procedure , philosophy , linguistics
The 20th century is sometimes referred to as the century of constitutional courts. Constitutional justice was designed to ensure the protection of the constitution. Supporters of constitutional courts saw in it an opportunity to guarantee the supremacy of the constitution, to protect the individual against arbitrariness and omnipotence of the parliamentary majority. A key moment in this regard was the constitutionalisation of human rights and freedoms. Most of the fundamental rights, including procedural rights relevant to the criminal process, were incorporated into the constitution. This resulted in a rapid development of constitutional jurisprudence, especially in the matter of the right to a fair trial. Regardless of the scope of constitutional regulation, the right to a fair trial has become the most frequently invoked standard of review before the constitutional court. The constitutionalisation of guarantees of a fair criminal trial has become a fact. The article discusses what role constitutional courts play in this process and how they enrich the acquis constitutionnel with standards regarding fairness in criminal proceedings.