Procedural Justice in Administrative Proceedings and Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms

Extract

The applicability to administrative decision-making of Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms (which requires that the determination of a person's “civil rights” should be by an “independent and impartial tribunal”) is somewhat vexed. First, it is often uncertain when an administrative decision determines “civil rights”. And, secondly, since non-compliance at first instance may be cured where the person aggrieved has access to a court of “full jurisdiction”, it is important but often uncertain to know what “full jurisdiction” is in the circumstances. The full tale is told in (2001) 60 C.L.J. 449 (Forsyth) and in Wade and Forsyth, Administrative Law, 8th edn. (2000) at pp. 441-444. Those unfamiliar with these technical issues should read a standard account before turning to Runa Begum v. Tower Hamlets London Borough Council (First Secretary of State Intervening) [2003] UKHL 5, [2003] 2 W.L.R. 388 (H.L.).