Seen to Be Done: The Principle of Open Justice
Australian Law Journal – Part 1, Vol. 74, p. 290, 2000
Australian Law Journal – Part 2, Vol. 74, p. 378, 2000
50 Pages Posted: 5 Apr 2011
Date Written: October 9, 1999
Abstract
The aphorism that "justice should not only be done, but should manifestly and undoubtedly seen to be done" is one of the most fundamental rules of common law legal system. It informs and energises the most fundamental aspects of procedure and is the origin, in whole or in part, of numerous substantive rules. This paper considers the origin and constitutional status of the principle of open justice, as well as the rules that this aphorism informs. It also considers the importance of the principle of open justice to judicial accountability, noting that open justice is fundamental to public confidence in the judiciary and the institutional legitimacy of the administration of justice. The paper warns of the pernicious effects of treating the courts as a publicly funded dispute resolution service, subject to performance indicators. In the legal system, the things that matter are incapable of measurement.
Suggested Citation: Suggested Citation
Do you have negative results from your research you’d like to share?
Recommended Papers
-
Productivity and the Structure of Employment
By Paula Barnes, Rick Johnson, ...
-
Productivity in Australia's Wholesale and Retail Trade
By Alan Johnston, Darrell Porter, ...
-
Information Technology and Australia's Productivity Surge
By Dean Parham, Paul Roberts, ...
-
The Increasing Demand for Skilled Workers in Australia: The Role of Technical Change
By Craig De Laine, Patrick Laplagne, ...
-
Econometric Modelling of R&D and Australia's Productivity
By Sid Shanks and Simon Zheng
-
Skill and Australia's Productivity Surge
By Paula Barnes and Sharon Kennard
-
Australia's Service Sector: A Study in Diversity
By Rosalie Mclachlan, Colin Clark, ...