Constitutional and
Administrative Law
Lecture 23: Article 6 ECHR -
Right to a Fair Trial
1
, Reminder of one of the
requirements of the rule of
law
• Dicey – no man is punishable ... except for a distinct
breach of law established in the ordinary legal manner
before the ordinary courts of the land
• Bingham –
• Rule 1: Questions of legal right and liability should
ordinarily be resolved by application of the law and not the
exercise of discretion
• Rule 6: The adjudicative procedures provided by the state
should be fair
2
, Historically
Procedural
20th Century
shift to
‘rights’
based
approach to
fair trial 3
Administrative Law
Lecture 23: Article 6 ECHR -
Right to a Fair Trial
1
, Reminder of one of the
requirements of the rule of
law
• Dicey – no man is punishable ... except for a distinct
breach of law established in the ordinary legal manner
before the ordinary courts of the land
• Bingham –
• Rule 1: Questions of legal right and liability should
ordinarily be resolved by application of the law and not the
exercise of discretion
• Rule 6: The adjudicative procedures provided by the state
should be fair
2
, Historically
Procedural
20th Century
shift to
‘rights’
based
approach to
fair trial 3
