Written reasons

A judge must decide cases according to the law. A written judgment allows the parties to scrutinize the reasoning and form an opinion as to whether or not the law was properly applied. If the judge has made a mistake, it can be appealed. Without reasons, a judge is a...

Perjury

Legal adjudications, which govern and affect every right and interest on this side of the grave, of necessity proceed and depend upon oaths. Perjury, therefore, in its general consequence, strikes at the security of reputation, property, and even life itself. A lie...

Adversarial process

The adversarial process is an extension of the right to be heard. Each side in any legal proceedings is entitled to lead the evidence and make the submissions it chooses. Just as the market efficiency relies on the self-interest of every trader, so the adversarial...

Impartiality of the judge and jury

It is not merely of importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done … Nothing is to be done which creates even a suspicion that there has been an improper interference with the...

Open registry

Public access to court documents is just as important as access to the courtroom. All pleadings and affidavits, motions and other documents filed with the court, together with timetables and notes generated by the court, should be available for download from the court...

Transcripts

Transcripts put witnesses, parties, counsel and judges on tenterhooks, forcing everyone to weigh and balance every word they utter. All must proceed honestly and in conformity with the rules and safeguards of the Common Law and statute. Poorly-judged cases can be...