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Edited Legal Collections Data |
Book Title: Courts, Privacy and Data Protection in the Digital Environment
Editor(s): Brkan, Maja; Psychogiopoulou, Evangelia
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781784718701
Section Title: Foreword
Number of pages: 2
Extract:
Foreword
Courts are sometimes portrayed as an (un)necessary evil. However, in
several situations we can see that their contributions increase the respect
for certain human values. By their very nature, courts have to decide and
decide with finality including in extremely important and sensitive
matters. That being said, courts are not abstract and inhuman. They are
composed of human beings who, in spite of the fact that these beings
(judges) possess (or at least should possess) special skills and personal
qualities, remain mortal subjects. And errare humanum est.
With this knowledge, modern society has established a complicated
system of jurisdiction in which it entrusts the judiciary to have the final
word. This is the way to avoid alternative ways of resolving conflicts in a
less appropriate, and possibly less violent, manner. From the perspective
of those who criticize judgments (and there are always such persons), the
rule of law guarantees, if not always justice, a peaceful means of settling
disagreements which, unfortunately, appear (too) often. The courts, being
aware of the reality that not everybody will benefit from a judicial
decision, must in any case try to apply and interpret legal rules to the best
of their knowledge and ability. This, in principle, is no easy task.
Therefore, any suggestions which help to improve the quality of
judicial activity should not only be allowed, but welcomed. As a
long-serving Judge of the Court of Justice of the European Union, I find
all the comments and suggestions concerning the ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2017/668.html