ABSTRACT

We outlined in the Introduction our normative account of the trial. In this chapter we want to elaborate the principle of integrity. The principle of integrity gives the court the moral authority to either punish or determine the civil liability of citizens. Our argument is that the jurisprudence of Article 6 allows us to make a more detailed investigation of these key concerns. We will first examine the central doctrine of Article 6: the independence and impartiality of the court. We will then turn to the related issue of bias. We will consider how the law on judicial bias has developed, before turning our attention to the question of biased juries.