The presentation attempts to reconstruct, from the point of view of general theory and comparative law, the potential existence and extent of the right to appeal. Although concluding that this right tends not to be recognized (unlike the right to access to court), the author nevertheless argues that the provision of at least one level of appeal is in the state's own interest, and that any limits to this right can be set, but must pass a rationality test.
The an and the quomodo of appeal: a theoretical framework / Capasso, Valentina. - (2025). ( INTERNATIONAL CONGRESS REVISITING THE FUNDAMENTAL GUARANTEES OF CIVIL LITIGATION Plenary Hall of the Court of Justice of the State of Espírito Santo (TJES 1) - Vitória (Brazil) 2-4 aprile 2025).
The an and the quomodo of appeal: a theoretical framework
Valentina Capasso
2025
Abstract
The presentation attempts to reconstruct, from the point of view of general theory and comparative law, the potential existence and extent of the right to appeal. Although concluding that this right tends not to be recognized (unlike the right to access to court), the author nevertheless argues that the provision of at least one level of appeal is in the state's own interest, and that any limits to this right can be set, but must pass a rationality test.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
