ABSTRACT

The principle of open justice is one of the most pervasive axioms of the administration of justice in common law systems. It was from such origins that it became enshrined in the United States Bill of Rights where the Sixth Amendment guarantees a criminal accused the right to a 'speedy and public trial'. Publicity is the authentic hallmark of judicial as distinct from administrative procedure... The court must be open to any who may present themselves for admission. The principle of open justice informs and energises fundamental aspects of common law procedure and is the origin, in whole or in part, of numerous substantive rules. Perhaps the American practice of sequestration of jurors will be reassessed in nations where the practice is no longer common. A limited form of mass production was able to be achieved in large scriptoria contained in monasteries. Printing was a major threat to this business.