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...
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| Format: | Electronic eBook |
| Language: | English |
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Oxford ; Portland, Or. :
Hart Pub.,
2002.
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| Online Access: |
Full text (Emmanuel users only) |
Table of Contents:
- Half Title Page; Title Page; Half Title Page; Acknowledgements; Contents; Table of Cases; Table of Legislation; Table of Conventions and Treaties; Introduction; 1. Free Speech Rationales and Constitutional Landscapes; I INTRODUCTION; II RATIONALES FOR SPEECH AND THEIR RELATION TO COURT REPORTING/COMMENT; III CONCLUSION: AN ARGUMENT FROM GOVERNMENT INCOMPETENCE; IV CONSTITUTIONAL LANDSCAPES; VI JUDICIAL REVIEW AND CONSTITUTIONAL FREEDOMS: SOME CONCLUDING THOUGHTS; 2. More or Less Different? The First Amendment and Article 10; I INTRODUCTION; II SOME STRUCTURAL DIFFERENCES.
- III FREE SPEECH JURISPRUDENCE COMPARED-RATIONALES AND KEY FEATURES OF FIRST AMENDMENT AND ARTICLE 10 THINKINGIV US REGULATION OF SPEECH IMPACTING UPON JUDICIAL PROCEEDINGS-AN OVERVIEW; V THE REGULATION OF COURT-RELATED SPEECH UNDER ARTICLES 6 AND 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS-AN OVERVIEW; VI A MORAL READING OF ARTICLE 10; VII CONCLUSION; 3. Speech and Criminal Jury Trials; I INTRODUCTION-TWO MODELS OF COURT-RELATED SPEECH REGULATION; II THE JURY IN ANGLO-AMERICAN LEGAL SYSTEMS; III SCOTS AND ENGLISH APPROACHES TO PREJUDICIAL MEDIA COMMENT: FROM DIVERGENCE TO RAPPROCHEMENT?
- IV FREE PRESS AND FAIR TRIAL IN THE UNITED STATESV CANADA-RECONCILING FREE SPEECH AND FAIR TRIAL CONCERNS UNDER THE CHARTER; VI AUSTRALIA; VII TAKING SPEECH TOO SERIOUSLY?; VIII THE EMPIRICAL EVIDENCE CONSIDERED; IX CONCLUSION: RETURN TO ERA OF JURY AS PERSONS WITH KNOWLEDGE OF MATTERS AT ISSUE IN THE TRIAL; 4. For the Sake of the Children? Young Persons, Reporting Restrictions and Open Justice; I INTRODUCTION; II DOMESTIC PROVISIONS GOVERNING ACCESS TO AND REPORTING OF CRIMINAL PROCEEDINGS INVOLVING YOUNG PERSONS IN ENGLAND AND WALES.
- III PRIOR RESTRAINTS-A FREEZE ON SPEECH? BICKEL AND HIS CRITICSIV YOUNG PERSONS' PRIVACY INTERESTS-ARGUMENTS AND COUNTERARGUMENTS; V THE ADVANCEMENT OF CHILDREN AND YOUNG PERSONS' PRIVACY INTERESTS IN INTERNATIONAL LAW; VI NATIONAL LEGAL SYSTEMS' TREATMENT OF PRIVACY CLAIMS; VII LESSONS FROM EUROPE-(I) ACCESS TO CROWN COURT PROCEEDINGS POST T v UNITED KINGDOM; V v UNITED KINGDOM AND (II) THE (IN)COMPATABILITY OF REPORTING RESTRICTIONS UNDER THE YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT WITH ARTICLE 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; VIII CONCLUSION.
- 5. The English Foolishness
- Scandalising the Courts and the Limits of Constitutionally Protected ExpressionI INTRODUCTION; II THE OFFENCE OUTLINED; III THE ENGLISH FOOLISHNESS ABROAD-THE CONSTITUTIONALITY OF SCANDALISING IN THE UNITED STATES, AUSTRALIA, CANADA AND UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS; IV CONCLUSION; 6. A Civil Law Comparison: Freedom of Expression and the Administration of Justice in Spain; 1 INTRODUCTION; II BURGOS 1970 AND AFTER; III THE 1978 CONSTITUTION-HUMAN RIGHTS IN A MODERN SOCIAL DEMOCRACY.