Public Procedural, a path to social legitimacy

Abstract

The judicial process as an act of republican government, should be public: that is, open to direct and indirect knowledge of the general public, unless it can be affected safeguarding personal or social goods that have to protect against publicity.

The advent of mass media and technology have changed the meaning of the trial publicity under various criminal procedure codes. The diffusion of a court made by the press contributes to form a social perception, then translated into public opinion on the functioning of Justice.

Now, it seems that in general, the judiciary -unlike other State powers whose representatives are elected through popularly vote- isn't much disturbed about being legitimized. The guiding principle of his actions has been the law: compliance and enforcement. But legitimacy is a transcending purpose. And public confidence in the system is achieved by opening up to society, informing and instructing the citizen, communicating with them, allowing them to appropriate the issues that affect them or may eventually do so.

It is an imperative of our time judiciaries design policies of institutional transparency so legality and legitimacy are able to walk in unison.