A Virtue Less Cloistered: Courts, Speech and Constitutions
Whilst 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 re-assessment of the basis and extent of permissible restraints on speech.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Free Speech Rationales and Constitutional Landscapes
More or Less Different? The First Amendment and Article 10
Speech and Criminal Jury Trials
11 other sections not shown
Other editions - View all
19 EHRR accused administration of justice alleged Amendment application argued Article Australia Austria Bar of Nevada Basque breach broadcast Canada Canadian chapter Children and Young claims closure common law communication considered constitutional Contempt of Court Convention on Human conviction court proceedings court-related speech criminal proceedings criticism Crown Court defendant DLR 4th European Convention European Court evidence free speech freedom of expression freedom of speech further Herri Batasuna High Court Ibid impact implied freedom individual Internet issue journalists judges judicial review judiciary jurisdictions jurisprudence jurors Law Review legislative Lord matters media freedom media reporting national authorities Newspapers Ltd NSWLR offence opinion Oxford political speech pre-trial prejudice prior restraints prosecution protection public interest published recognised regulation reporting restrictions respect scandalising Scots law scrutiny strict liability sub judice rule Supreme Court tion Tribunal Constitucional United Kingdom voir dire whilst Youth Court