القاضي و وسائل التواصل الاجتماعي : الموازنة بين حرية القاضي في التعبير عن رأيه و استقلاله و حياده

الملخص EN

The world has witnessed in the last decade the creation and dissemination of social media websites, such as Facebook, twitter, YouTube, LinkedIn, and a myriad of other forums and blogs that have revolutionized ways of communication among individuals on personal and professional level.

given the above, the following paper investigates the extent to which judges could use and interact on social media websites to communicate with the outside world.

the importance of this research seems to rise in light of what has been recently revealed by some American and European statistics that have shown a significant increase in the number of judges using social media.

in answering this inquiry, scholars and courts have been divided into two main groups; the first of which denies judges the right to join or interact on social media websites to preserve judges’ impartiality and independence.

the second group acknowledged judges’ right to use social media, but subjects this right to a number of limitations and conditions imposed by the nature of the judicial function.

based on the above, the roadmap of this paper will be divided into two main sections; the first of which will examine arguments of proponents and opponents of judges’ right to use social media.

the second will be dedicated to address limitations and restrictions on judges’ right to use social media by means of analyzing a number of courts’ decisions in comparative legal systems.