Developments and Practice Notes

Publicity and the Judicial Power

Author
  • Daniel N. Hoffman

Abstract

The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.

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Published on
31 Mar 2001