Legal Challenges In The Digital Transformation Of Courts
- IJLLR Journal
- 23 hours ago
- 1 min read
Phool Jahan, Amity Law School Patna
ABSTRACT
Digitalization of court proceedings around the world has resulted in the emergence of several legal questions which existing laws have been unable to deal with successfully. In this research paper, attention will be paid to the following legal problems related to the digitalization of court systems: admissibility of electronic evidence; effects of using algorithms in decision- making processes on fairness of procedure; reduction of constitutional right of confrontation in online court procedures; risk of confidentiality of lawyer- client communication being threatened by the process of digitalization; and transnational jurisdictional disputes resulting from transnational data flows. Based on an analysis of constitutional rules, comparative law, and judicial decisions, the paper will prove that while the introduction of new technologies into court practice helps to advance access to justice, at the same time, such technologies put the procedural safeguards which have always protected citizens' interests in jeopardy. Thus, it is necessary to develop appropriate regulations to address this problem promptly.
Keywords: Digital Courts, Electronic Evidence, Algorithmic Bias, Confrontation Clause, Data Privacy
