Open Justice

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 consideration. 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.

Prof. Dr. Dres. h.c. Burkhard Hess is Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and a professor at both the Université du Luxembourg and the University of Heidelberg.
Ana Koprivica Harvey, LL.M. is a research fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law.