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A Virtue Less Cloistered

Courts, Speech and Constitutions

By: Ian Cram
Media of A Virtue Less Cloistered
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Published: 05-10-2002
Format: Hardback
Edition: 1st
Extent: 224
ISBN: 9781841130385
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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About A Virtue Less Cloistered

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 US, judges and legislators have long subordinated media freedom to report and comment upon matters relating to the administration of justice in order to safeguard the fairness of individual proceedings, public confidence in the administration of justice more generally or even individual privacy concerns. The subject matter of this book is a comparative treatment of constitutional protection for open justice. Focusing on developments in the legal systems of the United Kingdom, the United States, Canada and Australia, the monograph draws upon the constitutionalization of expression interests across the common law world to engage in a much needed re-assessment of the basis and extent of permissible restraints on speech.

Table Of Contents

Chapter 1. Introduction
Chapter 2. The Landscape of Justiciable Problems
Chapter 3. Strategies for Resolving Justiciable Problems
Chapter 4. The Response to Problems of Different Types
Chapter 5. Outcomes
Chapter 6. Fulfilling Objectives?
Chapter 7. Experiences and Perceptions of the Legal System
Chapter 8. Paths to Justice: Which Way Now?


“Added to the breadth and depth of the coverage is a clear, terse style which makes a sophisticated book surprisingly readable. Each chapter provides deft and succinct introductions, contextualization and summaries.” –  Rosalind McInnes, Soliticer, BBC Scotland, Edinburgh Law Review

“...detailed analysis of Article 10 of the European convention on Human Rights and Fundamental Freedom which embodies the guarantee of free speech.” –  A. G. Noorani, Economic and Political Weekly

“The book offers valuable comparative insights into English, American, Australian, Canadian and Spanish approaches, and examines relevant European jurisprudence on the subject.” –  The Review Editor, The Commonwealth Lawyer

“Cram has written a well-crafted work on a very important set of issues. It is a throroughly researched and particularly well argued book. He does not merely advance propositions, but he also presents their counter-arguments and attempts to evaluate the strengths of the contending perspectives. This is one of the persistent strengths of the book. It is a book that can be used almost in its entirety in courses dealing with the significance of free speech for social institutions, or selectively for special topics or seminars on issues relating to free trial rights. The troves of information to be found in both the text and footnotes are well worth the price.” –  Maxwell Chibundu, University of Maryland, The Law and Politics Book Review

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