The idea behind open justice a principle widely recognised as a constituent of the rule of law
and vital for the functioning of democratic societies seems simple and universally accepted: a
legal rule that requires courts to conduct their proceedings in public. However it is less
clear how we are to understand and implement this notion today. In the age of information
technology digital media and the transformation of the public sphere this question merits
careful consideration. In the face of the fast-changing landscape of dispute resolution and
populist movements threatening to undermine judicial independence what role should courts play
in ensuring the degree of openness necessary to support the rule of law? Against this backdrop
this book seeks new approaches to the requirement for open justice in times of change and
revisits the place and role of courts in ensuring open justice in democratic societies. It
offers a unique comparative insight thanks to a variety of approaches adopted by authors from
diverse professional and academic backgrounds. Prof. Dr. Dres. h.c. Burkhard Hess is Director
of the Max Planck Institute Luxembourg for International European and Regulatory Procedural
Law and a professor at both the Université du Luxembourg and the University of Heidelberg. Ana
Koprivica Harvey LL.M. is a research fellow at the Max Planck Institute Luxembourg for
International European and Regulatory Procedural Law.
