§ 3 Access to justice and Article 6 ECHR – substantive scope (1): general considerations
(6) Now so far there is little to disagree about. But there are two twists which…
(7) So far we spoke of disputes in quite generic terms, not distinguishing between…
Should we allow courts to review the work of the legislator? If courts may decide on the validity of laws, this may be taken to imply that the judiciary is placed above the legislator. Doesn’t this lead to a gouvernement des juges, which…
(8) In daily life the relationship between the courts and the executive, the…
Here the law has shown a remarkable development. Traditionally, in many societies…
Article 6 — Right to a fair trial…
1. In the determination of his civil rights and obligations or of any criminal charge…
For quite a while the European Court of Human Rights derived from this text, a contrario, that…
But the situation has changed to a very large extent. Acknowledging that the omnipresent…
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