Publication details for Professor Roger MastermanMasterman, R. (2005). Determinative in the Abstract? Article 6(1) and the Separation of Powers. European Human Rights Law Review (6): 628-648.
- Publication type: Journal papers: academic
- ISSN/ISBN: 1361-1526
- Keywords: European Court of Human Rights; Impartiality; Judicial decision making; Right to fair trial; Separation of powers
- View online: Online version
- Durham research online: DRO record
Author(s) from Durham
Reviews the impact which the Human Rights Act 1998 and case law involving the European Convention on Human Rights 1950 Art.6(1) have had on the UK's constitutional approach to separation of powers and judicial independence. Explains the UK's traditional stance and details the strict and circumstantial approaches adopted by the European Court of Human Rights when assessing whether the dual exercise of legislative and judicial power infringed the right to a fair trial. Comments on the domestic responses, including the influence of EC jurisprudence in the House of Lords decisions in Davidson v Scottish Ministers (No.2) and R. (on the application of Carroll) v Secretary of State for the Home Department.