From the rule of law to the rule of technology: institutional implications of the digital transformation of courts

Francesco Contini

Chapter 3 in Research Handbook on Judging and the Judiciary, 2025, pp 35-53 from Edward Elgar Publishing

Abstract: This chapter delves into the implications of digital transformation of courts and judicial administration and investigates how the adoption of e-justice platforms and digital working environments affects the judicial role, the systems’ governance, and, ultimately, the fair trial. As judges, lawyers, and clerks engage in proceedings via these digital platforms, the built-in workflows may somewhat restrict judicial discretion. Moreover, the functioning of these platforms involves multiple external entities, which necessitates a growing dependence on non-judicial actors. The complexity and opacity of e-justice platforms challenge the existing mechanisms of transparency and accountability in executing judicial procedures. These platforms collect vast amounts of data, influence judicial governance, and potentially increase judicial accountability. Simultaneously, increased data granularity opens up possibilities for external influences on judicial behaviour and decisions. E-justice platforms have embedded features that drive institutional transformation. They may ease access, equality of treatment, efficiency, and effectiveness. Conversely, they can diminish judicial autonomy and generate new control mechanisms that challenge the balance between judicial independence and accountability. Addressing these challenges and ensuring judicial control over the new digital legal systems is of paramount importance for protecting the core values of fair trials.

Keywords: Judicial procedure; Judicial governance; Judges; Fair trial; E-justice; Cyber court (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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