May it Please the Rule of The Law[ e-boek]

Featuring signs of polarisation and the erosion of facts, as well as a wealth of easily
accessible information, today's developed democracies seem to have given rise to a
culture where information is sought routinely and on, practically, anything that sparks
one's interest. Modern judges, too, operate in this environment and, presumably, conduct
(
non?) trivial (Internet) research like most of us. This becomes all the more plausible when
judges face unfamiliar, non-routine, scientifically or otherwise factually complex disputes, or
incomplete and/or ambiguous trial evidence. Indeed, these circumstances may nudge them
into gathering information, independently, that is supplementary to the evidence obtained
at trial and aimed at gaining a richer understanding of a dispute's factual background. Doing
so may offer certain benefits in light of trial expediency and court legitimacy. However, it
may just as well elicit concerns with regard to judicial impartiality, (perceived) bias, and
fundamental fair trial guarantees.