Representing a profound attitude of fairness between man and man, and more particularly between the individual and government, ‘due process’ is compounded of history, reason, the past course of decisions, and stout confidence in the strength of the democratic faith which we profess. Expressing as it does in its ultimate analysis respect enforced by law for that feeling of just treatment which has been evolved through centuries of Anglo-American constitutional history and civilization, ‘due process’ cannot be imprisoned within the treacherous limits of any formula. ‘due process’, unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances. Justice Frankfurter in his concurring opinion in Joint Anti-Fascist Refugee Committee v. The reason for this is simple: due process is a legal principle and a doctrine with many names that is so ingrained in our culture, system of values and legal system that extracting its original meaning appears impossible.Īttempts to define due process have produced inspiring definitions. One difficulty accompanies this effort: the more one endeavours to understand what due process is, the more this notion remains beyond definition. 1 This book finds that, on contrary, the ECtHR has been exemplarily steady in its forging and use of concepts. Second, the in-depth analysis of the applicability of Article 6(1) echr dispels allegations that the ECtHR is “navigating tides”. By doing so, this book shows that competition law disputes are by no means special as they are under EU law. First of all, it highlights that the ECtHR has applied the approach developed for the applicability of Article 6(1) echr for criminal disputes to economic disputes, including competition law. This painstaking analysis is important for two reasons. Chapter 6 develops the theory that the ECtHR is a self-regulating international tribunal and that the interpretation of the right to a fair trial has greatly contributed to this. Chapter 5 describes the case-law of the ECtHR on the applicability of Article 6(1) echr, with special attention paid to the applicability of the right to a fair trial to economic law disputes and competition law disputes in particular. Chapter 4 fixes the subject within the Strasbourg system of human rights enforcement. Next, Chapters 4, 5 and 6 offer an in-depth analysis of the right to a fair trial enshrined in Article 6(1) echr. More specialized interests, such as due process and competition law, also exist and are currently flourishing. A careful look at the existing literature in Europe indicates a similar fascination for the subject. It starts by describing the numerous attempts to define due process and the on-going debate over the function of this provision in the United States. Part Two of this book endeavours to highlight that due process and fair trial can be a force in the process of addressing corporate bigness, not only by respecting the rights of defence of the defendants, but also by requiring a certain quality of the process of justice delivery.
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