Publication details
Do We Really Need Transparent Decisions?
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| Year of publication | 2015 |
| Citation | |
| Description | Transparency becomes more and more important characteristic of any legal act. Transparent should be court decisions as well as act of legislation. One of the most undesirable characteristics of any decision is to be opaque or non-transparent. Without any doubt the transparency requirement is legitimate. On the other side to overemphasize transparency can produce another situation. The transparency becomes a fetish: Fetish that loses its importance and turns transparency into empty formula covering nothing more than a disagreement with decisions. The transparency can follow the popular version of the word “justice”. The transparency can be nothing more than a slogan. In this situation the transparency will be magical sentence capable of condemning anyone to the bonfire. In this paper I want to show that it is very difficult to produce transparent decisions. Many processes behind the decisions are unconscious and to reconstruct them is more than difficult. Even to use an “exact” legal methodology can serve as an escape from the requirement of transparency. Through words of the decision can then talk dominant ideology – if there will be enough ideological cliché the decision will be considered as transparent. The presented paper is not concentrated on arguments against transparency. Rather it endeavors to highlight that the borderline between transparent and non-transparent decision can be obscure and rather than emphasize transparency we should emphasize the possibilities to criticize any decision. |
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