A Virtue Less Cloistered

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While paying lip service to the importance of public access to court proceedings and its corollary of unfettered media reporting, a trawl through common law jurisdictions reveals that judges and legislators have been responsible for substantial inroads into the ideal of open justice. Outside of the US, judges and legislators have long subordinated media freedom to report and comment upon matters relating to the administration of justice in order to safeguard the fairness of individual proceedings, public ...
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More About This Book

Overview

While paying lip service to the importance of public access to court proceedings and its corollary of unfettered media reporting, a trawl through common law jurisdictions reveals that judges and legislators have been responsible for substantial inroads into the ideal of open justice. Outside of the US, judges and legislators have long subordinated media freedom to report and comment upon matters relating to the administration of justice in order to safeguard the fairness of individual proceedings, public confidence in the administration of justice more generally or even individual privacy concerns. The subject matter of this book is a comparative treatment of constitutional protection for open justice. Focusing on developments in the legal systems of the United Kingdom, the United States, Canada and Australia, the monograph draws upon the constitutionalization of expression interests across the common law world to engage in a much needed reassessment of the basis and extent of permissible restraints on speech.
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Product Details

  • ISBN-13: 9781841130385
  • Publisher: Hart Publishing UK
  • Publication date: 2/1/2003
  • Pages: 224
  • Product dimensions: 6.42 (w) x 9.50 (h) x 0.81 (d)

Table of Contents

Table of Cases
Table of Legislation
Table of Conventions and Treaties
Introduction 1
1 Free Speech Rationales and Constitutional Landscapes 5
2 More or Less Different? The First Amendment and Article 10 43
3 Speech and Criminal Jury Trials 77
4 For the Sake of the Children? Young Persons, Reporting Restrictions and Open Justice 123
5 The English Foolishness: Scandalising the Courts and the Limits of Constitutionally Protected Expression 161
6 A Civil Law Comparison: Freedom of Expression and the Administration of Justice in Spain 183
7 Conclusion: Court-Related Speech in the Electronic Age and some Emergent Themes 209
Index 223
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