Past and looming challenges to open justice / Michal Bobek. Right to a public hearing according to Art 6 ECHR and Art 47 of the Charter of Fundamental Rights of the EU : constitutional perspectives / Maciej Szpunar -- Open justice and the principle of public access to hearing in the age of information technology : theoretical perspectives and comparative law / Cecile Chainais -- New media in the courtroom : benefits and challenges / Robert Magnus -- Public hearings in civil proceedings : from the perspective of a Luxembourgish judge / Jean-Claude Wiwinius -- How to justify the open court principle in criminal proceedings / Katrin Gierhake -- The dilemma of open justice in the present political, social and cultural climate / Ruth Herz -- Securing open justice / Ernest Ryder -- Transparency in the selection of constitutional court judges : contextualised comparison between the USA, Germany and the European courts in Luxembourg and Strasbourg / Thomas Giegerich -- The functions of publicity and privatization in courts and their replacements (from Jeremy Bentham to #MeToo and Google Spain) / Judith Resnik -- Open justice and privatisation of English civil justice / John Sorabji -- German courts open their doors (a little bit) wider to the media / Joachim Jahn -- Epilogue: Past and looming challenges to open justice / Michal Bobek.
Summary:
"The idea behind open justice, a principle widely recognised as a constituent of the rule of law and vital for the functioning of democratic societies, seems simple and universally accepted: a legal rule that requires courts to conduct their proceedings in public. However, it is less clear how we are to understand and implement this notion today. In the age of information technology, digital media and the transformation of the public sphere, this question merits careful con-sideration. In the face of the fast-changing landscape of dispute resolution and populist movements threatening to undermine judicial independence, what role should courts play in ensuring the degree of openness necessary to support the rule of law? Against this backdrop, this book seeks new approaches to the requirement for open justice in times of change, and revisits the place and role of courts in ensuring open justice in democratic societies. It offers a unique comparative insight thanks to a variety of approaches adopted by authors from diverse professional and academic backgrounds."-- Provided by publisher.
Series:
Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ; volume 13
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.