Understanding Due Process in Non-Criminal Matters: How to Harmonize Procedural Guarantees with the Right to Access to Justice

Foreword
Preface
Acknowledgments
Contents
Chapter 1: Introduction
	References
Part I: An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process
	Chapter 2: Due Process as a Subject of Special Jurisprudence. The Checklist and Flexible Models of Procedural Due Process
		2.1 The Checklist Model
		2.2 The Flexible Model
		References
Part II: Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and Its Requirements Over Civil Pro...
	Chapter 3: The Crisis of Civil Justice. Criticism from the Access to Justice Movement and the Reform Movement in Latin America
		3.1 The Crisis of Civil Justice, Access to Justice and Unmet Legal Needs. Comparative Perspectives
		3.2 The Right of Access to Justice and the Functions of Civil Justice for the Rule of Law
		3.3 The Civil Procedure as a Barrier of Access to Justice in Latin America. The Reform Movement
			3.3.1 The Civil Procedure of the Ius Commune
			3.3.2 The Iberian American Model Code of Civil Procedure
		References
	Chapter 4: Preliminary Exercise of a Comparative Perspective. Different Approaches on How the Right to a Fair Trial Has Been A...
		4.1 The Path of Justice Tradition, the Concept of Unmet Legal Needs and a Hypothetical Case for the Comparative Exercise
			4.1.1 The Butchers
		4.2 Comparing California and Chile
			4.2.1 Applicable Substantive Law
			4.2.2 Due Process/Fair Trial Applicable Provisions
			4.2.3 The Applicable Legal Procedure in California. Empirical Data on the Small Claims Court of Los Angeles, California
			4.2.4 The Applicable Legal Procedure in Chile. Empirical Data on the Civil Courts of Santiago
		References
Part III: The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers f...
	Chapter 5: A Methodology to Study Two Regional Human Rights Protection Systems
		5.1 An Operational Definition of Civil Justice
		5.2 Variables to Apply to Databases of Each Court
		References
	Chapter 6: The Inter-American Court of Human Rights Case Law on Due Process Over Civil Matters
		6.1 The Role of the Inter-American Commission on Human Rights and Its Thematic Reports
		6.2 The Case Law of the Inter-American Court of Human Rights
		6.3 Requirements Over Civil Matters in the Inter-American Court of Human Rights. The Expansive Approach
		References
	Chapter 7: The European Court of Human Rights Case Law on Due Process Over Civil Matters
		7.1 The Right to a Fair Civil Trial. Scope of Application and General Description of Its Case Law
		7.2 The Right to a Court in the ECHR Case Law
		7.3 The ECHR Concrete Analysis of Effectiveness
			7.3.1 The Flexible Model Approach Under the Civil Limb of Article 6.1
			7.3.2 The Checklist Model Approach in the Article 6.1. Civil Limb
		References
	Chapter 8: A Brief Comparison Between Both Regional Systems
		8.1 Identifying Some Commonalities and Differences Between Both Regional Systems
		8.2 Possible Explanations and Future Research Questions
		References
Part IV: Procedural Due Process in the American Legal System
	Chapter 9: Origins of the Due Process Clause. The Magna Carta Until Its Incorporation in the American Bill of Rights
		9.1 Origins of the Due Process Clause and the Link with the Legal Procedure. From the Thirteenth to the Sixteenth Centuries
		9.2 The Petition of Rights of 1628. The Work of Sir Edward Coke and the Rise of the Modern Conception of Due Process
		9.3 The Migration of the Due Process Clause to America
		References
	Chapter 10: The Path of Procedural Due Process into the American Constitution. Scope of Application
		10.1 The Fifth Amendment Clause and the Incorporation Clause in the Fourteenth Amendment
		10.2 Fair Trial Conceptions in the Seventh Amendment Right to Jury Trial in Civil Cases
		10.3 From the Early Case Law on Procedural Due Process Until the Due Process Revolution
		References
	Chapter 11: Modern Conceptions of Procedural Due Process and the Right to a Fair Trial in Civil Matters
		11.1 The Due Process Revolution in Non-criminal Matters. The Mathews v. Eldridge Test
		11.2 Some Modern Debates on Procedural Due Process in Non-criminal Matters
		11.3 The Right of Access to the Courts and the Due Process Clause. A Brief Look at States´ Legal Systems
		11.4 Two Possible Explanations and Lines for Future Research
			11.4.1 Historical Developments Leading to the Modern Understanding of Due Process
			11.4.2 The State Action Doctrine and a Brief Critique of Its Application to Civil Matters
		References
Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands
	Chapter 12: Why Civil and Criminal Procedures Require Different Theories on Procedural Due Process
		12.1 From the State v. Individual to the Individual v. Individual Paradigm
			12.1.1 The Paradigm of the State v. Individual
			12.1.2 The Paradigm of Individual v. Individual
		12.2 Different Configurations Between Purpose and Party Disposition
		References
	Chapter 13: The Right to Access to Justice as a Key to Understand the Right to a Fair Trial in Civil Matters
		13.1 The Right to Access to Justice as a Requirement Under Process-based and Outcome-based Theories of Procedural Fairness
		13.2 How This Theory Fits Practice
		13.3 The Role of the Flexible and Checklist Models in a Balance Based on Effectiveness
			13.3.1 The Balance on Effectiveness Under the Flexible Approach
				13.3.1.1 Particular Circumstances Are Analyzed to Ensure Effectiveness
				13.3.1.2 The Nature of the Legal Procedure to Decide What Serves Better Its Purpose
				13.3.1.3 Procedural Guarantees May Be Limited Under a Criterion of Proportionality
				13.3.1.4 More Latitude in Civil Matters and Deference to the Decision-Maker
			13.3.2 The Floor Provided by the Checklist Approach
				13.3.2.1 Checklist Approach to Enhance Protection in Vulnerable Conditions
				13.3.2.2 Final Judicial Decision and Its Enforcement as Strictly Required
				13.3.2.3 Right to an Impartial and Independent Tribunal
				13.3.2.4 Prior Notice and Hearing as a Minimum Requirement
				13.3.2.5 Some Issues Are Best Left to Legislation
		13.4 Final Remarks and Future Lines of Research
		References