Open Justice or Open Season?: Should the Media Report the Names of Suspects and Defendants?

2010 ◽  
Vol 74 (4) ◽  
pp. 321-338 ◽  
Author(s):  
Michael Bohlander
Keyword(s):  
Supreme Court ◽  
Code Of Conduct ◽  
Media Report ◽  
Daily News ◽  
Private Lives ◽  
German Press ◽  
The Media ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Guardian

The daily news in England and Wales is full of reports about people who have been arrested, arraigned before a court, convicted and sometimes also acquitted, of some heinous crime or other. Most disturbingly, the suspects are named in full with their address and more often than not their photo will also be printed or broadcast. Their private lives and professional reputation are highly likely to be seriously affected the minute the news is made public, regardless of a later acquittal, which may not come until the Supreme Court decides years after the event. This article queries what open justice can be taken to mean in today's media society, whether the media are in it for the sake of enhancing justice or the sake of enhancing sales. The situation in the UK will be set out using the example of the decision of the UK Supreme Court in the Guardian News case and compared with the German press code of conduct.

REFLECTIVE LOSS IN THE UK SUPREME COURT

2020 ◽  
Vol 79 (3) ◽  
pp. 411-414
Author(s):  
Stephen Laing
Keyword(s):  
Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

Micula v Romania between International Investment Law and European Law – The UK Supreme Court Judgement – the Final or the NEXT PIece of the Puzzle?

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Steliyana Zlateva ◽  
◽  
◽  
Keyword(s):  
Supreme Court ◽  
International Investment ◽  
European Law ◽  
Eu Law ◽  
International Investment Law ◽  
Investment Treaty ◽  
Investment Law ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Eu

The Judgement of the United Kingdom’s Supreme Court in the long Micula v. Romania investment treaty dispute confirmed that the arbitral awards of the International Centre for Settlement of Investment Disputes (ICSID), rendered by tribunals established under intra-EU BITs, could be enforced in the UK. The Micula case concerns the interplay between the obligations under the ICSID Convention and EU law. In particular, it addresses the question of whether the award obtained by the Micula brothers against Romania constitutes state aid prohibited by EU law, as well as the enforcement obligations under the ICSID Convention in view of the EU duty of sincere cooperation.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

scholarly journals News framing of the Ukraine crisis in the Russian and British media

2019 ◽  
Vol 12 (1) ◽  
pp. 4-22
Author(s):  
Zixiu Liu
Keyword(s):  
Circulation Rate ◽  
Economic Consequence ◽  
News Framing ◽  
Quantitative Content ◽  
Russian Media ◽  
The Media ◽  
The Difference ◽  
The Uk ◽  
Ukraine Crisis ◽  
The Guardian

This pilot study uses quantitative content analysis following the framework of generic frames, diagnostic and prognostic frames (Godefroidt et al. 2016) to compare the news framing of the Ukraine crisis in Russia and the UK from 30 November 2013 to 26 February 2014. The Moscow Times and The Guardian were chosen as examples of quality print media with online editions that are comparable in terms of quality, circulation rate, political stance, and more importantly – global targeting. The study argues that firstly, the media in both countries were more likely to report through conflict lens, followed by responsibility frame. Secondly, the difference between the Eastern and Western media was tracked. While the Russian media relatively preferred economic consequence frame reflecting the country’s geopolitical interests, the British media tended to use human-interest frame highlighting unfairness and non-proportionality.

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