Understanding Due Process in Non-Criminal Matters

Introduction.- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process.-  Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process. - Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters.- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America.- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs.- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems.- A methodology to study two regional human rights protection systems.- The Inter-American Court of Human Rights case law on due process over civil matters.-  TheEuropean Court of Human Rights case law on due process over civil or non-criminal matters.- A brief comparison between both regional systems.- Part IV. Procedural Due Process in the American Legal System.- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights.- The path of procedural due process into the American Constitution. Scope of application.- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands.- Why civil and criminal procedures require different theories on procedural due process.- .The right to a court as a key to understanding the right to a fair trial in civil matters.- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile.- Conclusions.

Ricardo Lillo Lobos is a Chilean lawyer who obtained his LL.B. from Universidad Diego Portales (Chile), and his LL.M. in Public Interest Law and Policy and S.J.D from UCLA, where he also served as a Hoffenberg Research Fellow and as a fellow at UCLA's Transnational Program on Criminal Justice. Lillo is currently a faculty member at Universidad Adolfo Ibañez School of Law, where he teaches procedural law and is a member of the Law and Society Research Centre. He has served as a specialist consultant for international organizations such as the Justice Studies Center of the Americas (JSCA) or the United Nations Office on Drugs and Crime (UNODC). He has published academic work in subjects related to empirical legal studies, judicial reform, procedural due process, fair trial standards, access to justice, and the use of Information and Communications Technology (ICTs) in judicial systems.