Jump to ContentJump to Main Navigation
Liberty IntactHuman Rights in English Law$
Users without a subscription are not able to see the full content.

Michael Tugendhat

Print publication date: 2016

Print ISBN-13: 9780198790990

Published to Oxford Scholarship Online: February 2017

DOI: 10.1093/acprof:oso/9780198790990.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 October 2020

Access to Justice

Access to Justice

(p.63) 5 Access to Justice
Liberty Intact

Michael Tugendhat

Oxford University Press

The ECHR Article 6 right to a fair trial does not include all the common law rights recognized for centuries, eg double jeopardy is omitted. The judiciary and Parliament are complementary protectors of these rights. The American and French Declarations of rights also give more limited protection to access to justice. Common law claims gave a remedy against the state, but not an adequate one. The separation of powers includes the right of access to justice before and independent and impartial court. Trial by jury guarantees fair trial rights. The common law rule against ouster of the jurisdiction of the court is the right of access to justice. The presumption of innocence is based partly on the burden and standard of proof, but also on the right to defence counsel. That was first recognized in England in the eighteenth century. Jury trial requires freedom of expression.

Keywords:   Article 6, fair trial, access to justice, Magna Carta, Dr Bonham’s Case, separation of powers, presumption of innocence, defence counsel, ouster of the jurisdiction, Crown Proceedings

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .