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A Virtue Less Cloistered: Courts, Speech and Constitutions

Autor Ian Cram
en Limba Engleză Hardback – 4 oct 2002
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.
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Specificații

ISBN-13: 9781841130385
ISBN-10: 1841130389
Pagini: 224
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.55 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

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.

Notă biografică

Ian Cram is a Lecturer in Law at the University of Leeds.

Cuprins

Chapter 1. IntroductionChapter 2. The Landscape of Justiciable ProblemsChapter 3. Strategies for Resolving Justiciable ProblemsChapter 4. The Response to Problems of Different TypesChapter 5. OutcomesChapter 6. Fulfilling Objectives?Chapter 7. Experiences and Perceptions of the Legal SystemChapter 8. Paths to Justice: Which Way Now?

Recenzii

Added to the breadth and depth of the coverage is a clear, terse style which makes a sophisticated book surprisingly readable. Each chapter provides deft and succinct introductions, contextualization and summaries.
...detailed analysis of Article 10 of the European convention on Human Rights and Fundamental Freedom which embodies the guarantee of free speech.
The book offers valuable comparative insights into English, American, Australian, Canadian and Spanish approaches, and examines relevant European jurisprudence on the subject.
Cram has written a well-crafted work on a very important set of issues. It is a throroughly researched and particularly well argued book. He does not merely advance propositions, but he also presents their counter-arguments and attempts to evaluate the strengths of the contending perspectives. This is one of the persistent strengths of the book. It is a book that can be used almost in its entirety in courses dealing with the significance of free speech for social institutions, or selectively for special topics or seminars on issues relating to free trial rights. The troves of information to be found in both the text and footnotes are well worth the price.

Descriere

This book draws on the constitutionalization of expression interests across the common law world to re-assess the permissible restraints on speech.