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Communicating judicial decisions : stepping out of the black box

100%
Askari D., Blažková K., Chmel J., Rademacherová K.
The Lawyer Quarterly
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2018
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vol. 8
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issue 2
142-164
EN
The article deals with the principle of openness in the judiciary, specifically communicating judicial decisions to the public. Firstly, it discusses the relation between publicity and transparency of courts on the one hand and their legitimacy on the other. While the authors believe that the judiciary should be increasingly open to the public and point out benefits of that approach, they also recognize the risks thereof. Based on a comparative analysis of courts in a number of European states as well as the CJEU and ECHR the article analyses typical approaches to communication of judicial decisions. The final chapter contains normative conclusions which can serve as general guidelines applicable within the European judiciary.
2
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The role of parliamentary autonomy in constitutional review

100%
Wintr J., Chmel J., Askari D.
The Lawyer Quarterly
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2021
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vol. 11
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issue 1
83-103
EN
The article deals with the principle of parliamentary autonomy and the role it plays in decisions of courts carrying out constitutional review. The principles and interests competing with parliamentary autonomy are categorized and analysed against the backdrop of relevant case-law, offering a wide scale of approaches used by courts around the world. Three groups of competing interests are analysed separately: (i) public control of parliaments, (ii) the principle of representation and (iii) the rights of parliamentary opposition and individual members of parliament. Within the analysis, examples of good practice as well as those of unpersuasive approaches are offered. Subsequently, the article offers general doctrinal principles, the observance of which would help ensure that courts do not overreach in regulating parliamentary internal affairs, thus triggering unwanted consequences.
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