Does the case of Leader v. Facebook prove that Professor Niall Ferguson of Harvard University, and a fellow of Jesus College, Oxford, is right when he says, "the problem in the United States is such that one can say they no longer have the rule of law there." Indeed, the Executive Opinion Survey, which assesses the rule of law using 15 measures - ranging from the protection of private property rig...
According to Adam Smith in his Lectures on Jurisprudence, the factor that “greatly retarded commerce was the imperfection of the law and the uncertainty in its application”. Entren...
In a number of jurisdictions, the courts have held that the public access principle is engaged by aspects of the court process beyond mere access to the court to hear oral evidence...
Legal systems will mete out justice, if they come under sufficient public scrutiny.
Most do not!
A legal system should embody and give expression to its society's highest values.
A society without a properly functioning legal system is like a body without a good immune system.
The result is poor societal health: abuse, conflicts of interest, corruption, cronyism, rights violations, torture - as well as social, political and economic retardation, in both the developed and the developing worlds.
Modern technology offers a cure for ailing systems.
Just as social networking has added a whole new dimension to communication, so Lexposé™ adds a whole new dimension to legal systems.
It's an innovative adjunct, that also uses social networking. It improves transparency and is a tool for bringing legal systems to account so that they properly serve society.
It profiles police, judges and prosecutors, as well as their institutions.
Wealth audits, salaries, political links, conflicts of interest, training, career paths and much more, can be accessed online.
Public reviews of police, judge and prosecutor conduct will also be accessed online.
By keeping legal system players under open, public scrutiny, it encourages integrity, independence, diligence, equality and impartiality – qualities essential for justice.
Its mandate is to gather and moderate information sensitively and to the highest standards.
Its application is worldwide.
Lexposé™ will be an invaluable tool for victims of injustice and their friends and families, lawyers, justice/human rights NGOs, consulates, religious and humanitarian groups, academics and students, amongst many others.
If you too want to see justice sectors exhibit integrity, independence, diligence, equality and impartiality, as they should, then why not get in touch? Email us at: info[at]opentrial.org . We are keen to hear from you.
"While judicial systems are visibly present in most countries, those that work reasonably well are found in relatively few."- Robert Sherwood, University of California in Berkeley.
Too often, aided by opacity, the arm of the law is crooked and needs correcting.
In building the rule of law in a nation, the law's interface with society is vital, and one ignores it, not only at the peril of the rule-of-law programme in question; but, more importantly, at the peril of the nation's citizens too. There is, therefore, a moral imperative, if no...
Eight hundred years after Magna Carta was sealed to rein in the power of the king, it is modern-day barons in banking, commerce, public office and the media who appear to be above the law and, in the process, are undermining democracy and threatening to rend Britain asunder. ...
Updated: 16th Jan. 2015 - Is it possible to put a price on a human life? In Indonesia it is. There, the price of a life is negotiated in the same way that one might haggle over a piece of meat in a market. The reason? Indonesia does not have a properly functioning system to deal...
UPDATED: MARCH, 2014. In the case of Lindsay Sandiford and others like it, it needs to be borne in mind that the death penalty does not, of course, deter drug-trafficking criminals. Furthermore because convictions in Indonesian courts tend to be so unsafe due to, not only incompe...
This abridged version of Osita Ninamani Ogbu’s paper explains how vital it is that civil society is engaged in the fight against corruption in Nigeria, and looks at the challenges of bringing this about. ...
January, 2014: abuse continues with a crackdown on the media. Rihana al Mousawi was working peacefully with the Salvation Army ambulance, helping the injured during the demonstrations in Bahrain, until she was arrested and then beaten, tortured and humiliated.in custody. From 20...
The rule-of-law industry appears not to know how to get to where it might want to go, nor where it is going, and so cannot tell whether it has arrived.
“Despite massive ongoing investment in both judicial reform and evaluative endeavours, we remain unable to demonstrate success.”
"Deep down we do not know what we are doing," admits a practitioner. Livingston Armytage proposes a paradigm shift.
In the developing world, which crimes do you think are feared the most: those committed by ordinary citizens or those committed by law enforcement agencies?
Contact us now to nominate a judge, police chief or prosecutor who has shown outstanding courage in applying integrity, diligence and impartiality in his/her work.
Judge Albertina Ho of Indonesia, is nominated for having the courage and integrity to, amongst other things, convict former, mid-level tax official Gayus Tambunan of corruption and for presiding over the case of disgraced prosecutor, Cirus Sinaga, who attempted to help Gayus escape justice by leaking sensitive documents. Her courage now appears to be feared by the corrupt and religious-intolerant.
What if we, in this acquisitive and ignoble age, were to revive the ethic of Aristides "The Just" (530 - 468 B.C.)? A quiet, steady man who loved justice and truth, he was not interested in increasing his own wealth or prestige and despised mercenary motives in public men.
Despite all the trophies he won, he was most proud of the fact that he did not make any profit out of public service. Compare that with the feathering of nests, revolving doors, etc. of today. Read more: Oath for Justice