Article 6 of the European Courts of Human Rights
“The common law always contained due process principles. Article 6 of ECHR merely provides a new way of thinking about them as human rights.” Discuss.. Article 6 of the ECHR builds up a body of principles that relate to fair trial rights in regular courts. Nevertheless, an essential question which applies to both special tribunals and courts still remains whether they operate with sufficient fair trial guarantees. The term ‘due process’ refers to the legal obligation that a state must respect and provide all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects the individuals from it. For example, when a government harms a person without following the exact course of the law, this constitutes a due process violation. The common law is a law developed by judges through decisions of courts and similar tribunals as opposed to statutes adopted through the legislative process issued by the executive bench. It does contain due process principles as well as other basic human rights but it is to a certain degree. The European Court of Human Right which is located in Strasburg was established by the European Conventions on Human rights. It hears complaints that one of the 47 member state has violated the human rights written in the convention and its rules. Complaints can be brought by an individual or other contracting state and the court can also issue advisory opinion. Article 6 of the European Courts of Human Rights focuses basically on the right to a fair trial. Section 1 of the Article states that “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of...
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