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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.