1. History of Irish and French Terrorism
... ...no person shall be tried on any criminal charge without a jury." Article 38 nevertheless specifies three derogations to this fundamental principle: offenses carried out by minors (minor offenses Art. 38.2); military offenses (Art.38.3-4); when a special court has been established to try certain criminal offenses. Article 38.3-4 ... the legitimacy of this court. Although the Supreme Court accepted the its constitutionality, the decision is better known for the dissenting opinion expressed by Judge Kennedy C. who underlined the fact that natural law prohibited any sovereign parliament f...
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- Grade Level: Graduate