Independent and Impartial Tribunal Free Essay Example, 2250 words

Article of the European Convention on Human Rights states that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. While the precedent and application of this right domestically in criminal law proceedings is well established under Common Law precedent among EU members and other nations that have signed and ratified the ECHR, there exists currently an area of dispute concerning the applicability of this right to immigration and deportation hearings that operate outside of the courts of traditional Common Law institutions. This division is largely jurisdictional, based on the differences between immigration law and criminal law, as well as being technical in founding the division on the notion of the difference between the rights of a citizen and non-citizen. The nature of human rights is for them to apply to all people regardless of race, nationality, sex, or ideology. However, the legal precedent regarding the applicability of human rights to aliens and immigrants in deportation hearings largely excludes Article 6 from applicability based on the rulings that these are administrative hearings and not criminal trials or charges. We will write a custom essay sample on Independent and Impartial Tribunal or any topic specifically for you Only $17.96 $11.86/page