strengthen the guarantee of an impartial judge.” 36 It is our understanding that, in order to rectify this structural problem, it would have been better and clearer to declare the violation of this guarantee directly. 31. As Lord Hewart said, “justice should not only be done, but should manifestly and undoubtedly be seen to be done.” 37 Thus, the form is important. The participation of a judge in the conditions described above may detract from the perception that not only the defendant, but also society as a whole, should have concerning the impartiality of a court. Eduardo Ferrer Mac-Gregor Poisot Judge Patricia Pérez Goldberg Judge Pablo Saavedra Alessandri Registrar 36 Paragraph 125. 37 Rex v. Sussex Justices, [1924] 1 KB 259. 7