australian

Australian Legal System

Common law

The HRA and article 6 of the European Convention on Human Rights (ECHR) provide express protection for the best to a fair hearing by an impartial and neutral tribunal, but only in the willpower of civil rights and obligations. It is outside the scope of this short piece to consider the breadth of safety offered for justice rights by each the common law and the HRA (whether in article 6 or within the procedural ensures supplied by different components of the ECHR). However, a short reflection on common law and HRA protections for access to justice illustrate the strengths and the limits of each. The idea of common law has a long history; for hundreds of years the English legal system (which is the foundation for the American authorized system) has recognized that the reasoning behind a legal choice ought to be utilized in subsequent cases that pose an identical …