9781509908295_Positive Free Speech, 09.pdf (790.92 kB)
Positive free speech and public access to courts
Even the most casual observer of courts in the UK, whether through crime dramas or news reports, will likely have some awareness of the guiding principle that for justice to be done, it must be seen to be done. But if one digs beneath that popular and well - cemented phrase, understood as critical to the rule of law, it becomes clear that open justice takes many different forms and is in practice a complex principle to administer and enforce. Clearly, the UK courts have a positive obligation in law to provide information about their activities, but to what extent? Just how much, and by what method and why, are questions that are contested and open for interpretation. This chapter uses the positive free speech framework and normative arguments forwarded in this collection to address these questions and to suggest how the judiciary and courts service should be publicly communicating what happens in court. Accepting the premise that there are positive duties on the state that ‘insist[s] that everyone be able to exercise their rights’ in order to ‘support diverse speech environments’, and that positive free speech is a ‘central element existing alongside concerns about legal limitations on speech’, it proposes a way forward for further enhancing positive free speech in a court setting.
History
Publication status
- Published
File Version
- Published version
Publisher
Hart PublishingPages
216.0Book title
Positive free speech: rationales, methods and implicationsPlace of publication
UKISBN
9781509908295Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
Full text available
- Yes
Peer reviewed?
- No
Editors
Andrew T Kenyon, Andrew ScottLegacy Posted Date
2018-04-11First Open Access (FOA) Date
2020-06-10First Compliant Deposit (FCD) Date
2018-04-10Usage metrics
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