May it please the rule of law? A comparative study into the desirability and scope of independent judicial research in contemporary criminal adjudication
Promovendus: Mw. J. Trifunović
Promotores: H.J. van den Herik, G. Sluiter
Duur: 1/9/2018 - 31/8/2022
Considering the complex factual context of modern-day criminal adjudication and the nearly unfettered access to data within information societies, should independent judicial research be allowed and to what extent? Much like the tipping scales of Lady Justice, the more judges know or can research through easily accessible sources, the less capable the law appears to be in guiding their actions linked to that knowledge or research, and vice versa. Through conducting comparative and empirical legal research, this study aims to mend this discrepancy by compiling a Model Bench Book on Independent Judicial Research, suitable for domestic and international criminal adjudication.