Restorative Justice & the Principles of the Rule of Law

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Citation & Author details

Portales, M., and Perussich, S. (2014). “Restorative Justice & the Principles of the Rule of Law”, Internet Journal of Restorative Justice, ISSN (online): 2056-2985.

Corresponding Authors: 

Maximiliano Portales,

LL.M in Criminal Law and Criminal Justice, The University of Edinburgh

Restorative Justice Intern at Independent Academic Research Studies

Samantha Perussich,

Lawyer, Australian Legal Practitioner

Research associate, School of Economics, The University of Edinburgh

Description

Abstract

This article explores the principles of restorative justice within the traditional criminal justice system. It focuses on the rule of law as the foundation of a constitutional democratic state and how restorative justice as a means of collaborative conflict resolution finds its legitimacy within that system. The research centres on uncovering the traditional approach to criminal procedures and how the system as formulated, deprives the victim and the offender of a communicative process towards conflict resolution. The article uses descriptive methodology, which includes analytical and deductive techniques applied to a bibliographical analysis. The research is also grounded in the study of dogmatic, jurisprudential and normative considerations. These techniques are used to uncover the interactions between restorative justice and two of the most fundamental principles of the rule of law; the principle of legality and the right to a fair trial.

Key words

Portales, Perussich, rj, restorative justice, law, principles, criminal justice, system, victims, proportionality, legality, legal, fair trial, publicity, trial, court, impartiality.

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