ABSTRACT
From the perspective of the UK, we are perhaps dealing with one of the particular legacies of the failure to create an adequate notion of due process that was one of the consequences of the politics of the judiciary in the 1940s and 1950s. It is interesting that a great deal of Article 6 litigation against the UK concerns the way in which the courts should regulate the operation of bodies making administrative decisions that impact so heavily on people’s lives. However, we should not fall into the error of characterising European human rights jurisprudence as always somehow ahead of the common law in its understanding of due process. Indeed, there are critical voices within European human rights jurisprudence that suggest that it often falls short of articulating the standards that it should.
