Adquisitorial: the mixing of two legal systems

Quadri, Kafayat Motilewa and Kadouf, Hunud Abia and Eishan Jan, Mohammad Naqib and Abdul Wahab, Mohd Iqbal and Ahamat, Haniff (2015) Adquisitorial: the mixing of two legal systems. International Journal of Humanities and Management Sciences, 3 (1). pp. 31-36. ISSN 2320-4044

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Abstract

Adquisitorial is a concept that embodies the actuality of a fusion of two legal systems in order to achieve sustainable justice through the merging of best practices from the adversarial and inquisitorial methods of criminal procedure. There are some national courts and even international bodies such as the ICC that have started operating the adquisitorial method. Ample examples can be found in the South African Laws and in the Rome Statute of the International Criminal Court. It had been noted that the procedure used by ICC shows the characteristics of the Common Law System or Adversarial System and the Civil Law System or Inquisitorial System in a mixed mode. This paper will look into the play out of criminal trials using the adversarial method on one hand and the inquisitorial method on the other hand; and then finally look into systems that are practicing the mixed system of adquisitorial. .

Item Type:	Article (Journal)
Additional Information:	1534/46208
Uncontrolled Keywords:	adversarial method, adquisitorial, inquisitorial method, international criminal court, sustainable justice
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr. H. A. Kadouf
Date Deposited:	21 Dec 2015 10:19
Last Modified:	19 Apr 2023 15:32
URI:	http://irep.iium.edu.my/id/eprint/46208

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