by Matthew Bransgrove | Jul 26, 2015 | Judicial safeguards
All trials should be public so that public opinion, which is the best, or perhaps only cement of society, may curb the authority of the powerful, and the passions of the judge, and that the people may say, ‘We are protected by the laws; we are not slaves’; a sentiment...
by Matthew Bransgrove | Jul 26, 2015 | Judicial safeguards
The Romans introduced set forms of action, following the example of the Greeks, and established a rule that each cause should be conducted by its proper action. This was necessary in their manner of judging; it was necessary to fix the state of the question so that...
by Matthew Bransgrove | Jul 26, 2015 | Judicial safeguards
A vital tool in bringing facts to light is the ability to obtain evidence held by strangers to the proceedings. Those laws which make government departments immune from subpoena strike at the root of the ability of the court to get to the truth. Concerns that if the...
by Matthew Bransgrove | Jul 26, 2015 | Judicial safeguards
Attorney-client privilege allows a litigant to safely prepare his case. Without this rule, he would be unable to file an affidavit for fear an earlier draft would be entered into evidence. He would also be unable to communicate freely with his lawyer for fear his...
by Matthew Bransgrove | Jul 26, 2015 | Judicial safeguards
The myriad legal protections that have evolved over the centuries to prevent the innocent from being convicted and the wrongdoer prevailing in civil disputes are weakened if a person is not legally represented. Without representation the judge is forced to intervene...
by Matthew Bransgrove | Jul 26, 2015 | Judicial safeguards
Parties to civil proceedings and defendants in criminal cases should be allowed to make submissions on the law and address the court (including the jury where applicable) on the evidence. The right to be heard is a component of the right to make your...
