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Problems Of Perception In The European Court Of Human Rights: A Matter Of Evidence?, Anne Richardson Oakes
Problems Of Perception In The European Court Of Human Rights: A Matter Of Evidence?, Anne Richardson Oakes
Anne Richardson Oakes
The “doctrine of appearances” is now an important element of the jurisprudence of Article 6 of the European Convention on Human Rights and Fundamental Freedoms. The court derives support for its interpretations from the traditional precept of the common law that “justice must be seen to be done.” However, the formulations of the European Court are idiosyncratic and apparently driven by an asserted perception of an increased public sensitivity in this area. This paper examines these formulations and considers the extent to which judicial principles of procedural fairness require an empirical connection.
Process, Outcomes And The Invention Of Tradition: The Growing Importance Of The Appearance Of Judicial Neutrality., Anne Richardson Oakes
Process, Outcomes And The Invention Of Tradition: The Growing Importance Of The Appearance Of Judicial Neutrality., Anne Richardson Oakes
Anne Richardson Oakes
When the U.S. Supreme Court in Caperton v. Massey ruled that judicial recusal under the Due Process clause did not depend upon proof of actual bias but required reference to an objective standard, it asserted the importance of appearance as an aspect of judicial legitimacy and brought this aspect of its jurisprudence into line with that of the European Court of Human Rights. The formulations of both jurisdictions reference the same common law tradition of procedural fairness but now draw divergent conclusions concerning the implications for judges who use technical advisors. This paper explores the tension between process and outcomes …