A virtue less cloistered : courts, speech, and constitutions /: courts, speech, and constitutions. (2002)

• Record Type: Book
• Further Information: Note: Ian Cram.
• Other Names: Cram, Ian
• Contents: Half Title Page; Title Page; Half Title Page; Acknowledgements; Contents; Table of Cases; Table of Legislation; Table of Conventions and Treaties; Introduction; 1. Free Speech Rationales and Constitutional Landscapes; I INTRODUCTION; II RATIONALES FOR SPEECH AND THEIR RELATION TO COURT REPORTING/COMMENT; III CONCLUSION: AN ARGUMENT FROM GOVERNMENT INCOMPETENCE; IV CONSTITUTIONAL LANDSCAPES; VI JUDICIAL REVIEW AND CONSTITUTIONAL FREEDOMS: SOME CONCLUDING THOUGHTS; 2. More or Less Different? The First Amendment and Article 10; I INTRODUCTION; II SOME STRUCTURAL DIFFERENCES. III FREE SPEECH JURISPRUDENCE COMPARED-RATIONALES AND KEY FEATURES OF FIRST AMENDMENT AND ARTICLE 10 THINKINGIV US REGULATION OF SPEECH IMPACTING UPON JUDICIAL PROCEEDINGS-AN OVERVIEW; V THE REGULATION OF COURT-RELATED SPEECH UNDER ARTICLES 6 AND 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS-AN OVERVIEW; VI A MORAL READING OF ARTICLE 10; VII CONCLUSION; 3. Speech and Criminal Jury Trials; I INTRODUCTION-TWO MODELS OF COURT-RELATED SPEECH REGULATION; II THE JURY IN ANGLO-AMERICAN LEGAL SYSTEMS; III SCOTS AND ENGLISH APPROACHES TO PREJUDICIAL MEDIA COMMENT: FROM DIVERGENCE TO RAPPROCHEMENT? IV FREE PRESS AND FAIR TRIAL IN THE UNITED STATESV CANADA-RECONCILING FREE SPEECH AND FAIR TRIAL CONCERNS UNDER THE CHARTER; VI AUSTRALIA; VII TAKING SPEECH TOO SERIOUSLY?; VIII THE EMPIRICAL EVIDENCE CONSIDERED; IX CONCLUSION: RETURN TO ERA OF JURY AS PERSONS WITH KNOWLEDGE OF MATTERS AT ISSUE IN THE TRIAL; 4. For the Sake of the Children? Young Persons, Reporting Restrictions and Open Justice; I INTRODUCTION; II DOMESTIC PROVISIONS GOVERNING ACCESS TO AND REPORTING OF CRIMINAL PROCEEDINGS INVOLVING YOUNG PERSONS IN ENGLAND AND WALES. III PRIOR RESTRAINTS-A FREEZE ON SPEECH? BICKEL AND HIS CRITICSIV YOUNG PERSONS' PRIVACY INTERESTS-ARGUMENTS AND COUNTERARGUMENTS; V THE ADVANCEMENT OF CHILDREN AND YOUNG PERSONS' PRIVACY INTERESTS IN INTERNATIONAL LAW; VI NATIONAL LEGAL SYSTEMS' TREATMENT OF PRIVACY CLAIMS; VII LESSONS FROM EUROPE-(I) ACCESS TO CROWN COURT PROCEEDINGS POST T v UNITED KINGDOM; V v UNITED KINGDOM AND (II) THE (IN)COMPATABILITY OF REPORTING RESTRICTIONS UNDER THE YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT WITH ARTICLE 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; VIII CONCLUSION. 5. The English Foolishness -- Scandalising the Courts and the Limits of Constitutionally Protected ExpressionI INTRODUCTION; II THE OFFENCE OUTLINED; III THE ENGLISH FOOLISHNESS ABROAD-THE CONSTITUTIONALITY OF SCANDALISING IN THE UNITED STATES, AUSTRALIA, CANADA AND UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS; IV CONCLUSION; 6. A Civil Law Comparison: Freedom of Expression and the Administration of Justice in Spain; 1 INTRODUCTION; II BURGOS 1970 AND AFTER; III THE 1978 CONSTITUTION-HUMAN RIGHTS IN A MODERN SOCIAL DEMOCRACY.
• Publisher Details: Oxford Portland, Or : Hart Pub
• Publication Date: 2002
• Extent: 1 online resource (xxxvi, 226 pages)
• Subjects: 342.08/53; Courts; Freedom of speech; Freedom of the press; Free press and fair trial; LAW -- Discrimination; LAW -- Civil Rights; Courts; Free press and fair trial; Freedom of speech; Freedom of the press; Electronic books
• Languages: English
• ISBNs: 9781847311658; 1847311652; 9781280808906
• Related ISBNs: 128080890X; 1841130389; 9781841130385
• Notes: Note: Includes bibliographical references and index.; Note: Print version record.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.