Transparency and Openness of Courts in the 21st Century. An Issue Worth Researching on

Abstract

At first sight, the transparency and openness of the judicial system does not seem to be a particularly current topic. The most important international human rights documents such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights guarantee due process (right to a fair trial), including the element of the right to a public trial. In addition, trials have been public throughout previous centuries. As a consequence, the question may be raised whether it is really necessary to deal with the transparency and openness of courts in scientific research. In my paper, I attempt to justify this statement. First, I present the new levels and new elements of the transparency and openness of courts opposite the publicness of the trial. Next, I collect the new arguments for and against the transparency and openness of courts, which arose in the 20th and 21st century. Finally, I enlist some examples where transparency and openness mean a challenge for the courts, legislature, media or general public.