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Open Justice

Open justice reforms can create a transparent, publicly accountable justice system to ensure people receive equal protections, benefits, and rights under the law. Opening up justice is not just about reforming courts. Many actors play a part in making the justice system fairer and more impartial, including police, prosecutors, legal aid providers, and corrections services. Open government approaches offer solutions to improve how these actors contribute to such a system.

Open Gov Challenge: Justice

With OGP’s 2023-2028 Strategy, OGP members are set to work toward a number of aspirational thematic reforms through the Open Gov Challenge. This section of the Open Gov Guide addresses Justice.

Challenge prompt: Advance people-centered justice reforms.

Actions may include:

  • Ensuring that everyone has access to legal services.
  • Ensuring that justice institutions across the public sector are independent, transparent, responsive to the public, and inclusive.
  • Ensuring that there is accountability for policy-making through appropriate redress mechanisms that involve the public.

Key Terms

Definitions for key terms such as justice system and open justice.

  • Justice system: The justice system is a network of actors and institutions tasked with ensuring that justice is upheld. At a minimum, the justice system includes courts, judicial officials, prosecutors, public defenders, and police. However, in most countries, the justice system also includes administrative tribunals and organizations around them—whether dealing with tax, immigration, or other issues. In some places, traditional or religious leaders can be part of the justice system, as well as informal or alternative models to deliver justice.
  • Open justice: This concept seeks to make judicial institutions more transparent, participatory, accountable, and inclusive, all of which are open government values. These principles are not only important for courts, but also for the many other actors that play a role in the delivery of people-centered justice services.

The Evidence

Applying open government approaches to the justice system can ensure that the rule of law is upheld, particularly by increasing the public’s access to information. Opening information related to the justice system can improve outcomes in several areas.

  • Open justice supports equitable growth and development by helping curb corruption, limiting abuses of power, and guaranteeing access to key public services.
  • The use of more peaceful and reliable justice mechanisms can resolve conflict, which also helps increase the perceived legitimacy of the justice system.
  • Channels of public accountability and oversight in the justice system uphold the rule of law.
  • Increasing access to justice and justice for accountability protects human rights, which allows the public to request the enforcement of rights or a remedy for damages, especially for marginalized groups.

Reform Guidance

The recommendations below represent reforms that national and local governments, representatives of civil society organizations, and others can consider for their action plans and the Open Gov Challenge. The reforms are categorized according to OGP’s principal values: transparency, civic participation, and public accountability. Reforms should be adapted to fit the domestic context, and involve and coordinate with other levels and branches of government.

Reforms across policy areas are also tagged by the estimated degree of difficulty in implementation. Though progress is often not linear, the recommendations have been categorized using these labels to give the reader a sense of how different reforms can work together to raise the ambition of open government approaches.

In addition, in the case of justice actors (especially judicial officials), increased accountability must be carefully balanced with considerations of impartiality and independence.

Recommended Reforms Key

  • Transparency: Transparency empowers citizens to exercise their rights, hold the government accountable, and participate in decision-making processes. Examples of relevant activities include the proactive or reactive publication of government-held information, legal or institutional frameworks to strengthen the right to access information, and disclosing information using open data standards.

  • Civic Participation: When people are engaged, governments and public institutions are more responsive, innovative, and effective. Examples of relevant initiatives include new or improved processes and mechanisms for the public to contribute to decisions, participatory mechanisms to involve underrepresented groups in policy making, and a legal environment that guarantees civil and political rights.

  • Public Accountability: Public accountability occurs when public institutions must justify their actions, act upon requirements and criticisms, and take responsibility for failure to perform according to laws or commitments. Importantly, public accountability means that members of the public can also access and trigger accountability mechanisms. Examples of relevant activities include citizen audits of performance, new or improved mechanisms or institutions that respond to citizen-initiated appeals processes, and improved access to justice.

  • Inclusion: Inclusion is fundamental to achieving more equitable, representative, and accountable policies that truly serve all people. This includes increasing the voice, agency, and influence of historically discriminated or underrepresented groups. Depending on the context, traditionally underrepresented groups may experience discrimination based on gender, sexual identity, race, ethnicity, age, geography, differing ability, legal, or socioeconomic status.

  • Foundational: This tag is used for reforms that are the essential building blocks of a policy area. “Foundational” does not mean low ambition or low impact. These recommendations often establish basic legal frameworks and institutional structures.

  • Intermediate: This tag is used for reforms that are complex and often involve coordination and outreach between branches, institutions, and levels of government, with the public or between countries.

  • Advanced: This tag is used for reforms that close important loopholes to make existing work more effective and impactful. Specifically, “Advanced” reforms are particularly ambitious, innovative or close important loopholes to make existing work more effective, impactful or sustainable. They are often applied in mature environments where they seek to institutionalize a good practice that has already shown results.

  • Executive: The executive branch of government is responsible for designing, implementing, and enforcing laws, policies, and initiatives. It is typically led by the head of state or government, such as a president or prime minister, along with their appointed cabinet members. The executive branch’s functions also include overseeing the day-to-day operations of the government, managing foreign affairs, and directing the country’s armed forces. In democratic systems, the executive branch is accountable to the legislature and the electorate, with its powers and limitations outlined in the constitution or legal framework of the respective country.

  • Legislative: The legislative branch of government is responsible for making laws and regulations and overseeing the functioning of the government. It typically consists of a body of elected representatives, such as a parliament, congress, or assembly, which is tasked with proposing, debating, amending, and ultimately passing legislation. The legislative branch plays a crucial role in representing the interests of the people, as its members are elected to office by the public. In addition to law-making, this branch often holds the power to levy taxes, allocate funds, and conduct certain investigations into matters of public concern. The structure and powers of the legislative branch are usually outlined in a country’s constitution or legal framework, and it serves as a check on the executive and judicial branches to ensure a system of checks and balances within a state.

Examples of Reforms from OGP and Beyond

The following examples are commitments previously made within or beyond OGP that demonstrate elements of the recommendations made above. On average, justice commitments are equally well-designed and implemented as other OGP commitments, with roughly two-thirds being completed and about a quarter showing early results.

OGP Reforms
  • BUENOS AIRES, ARGENTINA Criminal Courts Publish Decisions: Piloted the publication of all decisions in an anonymized, open data repository written in plain language. Opens hearings to the public and publishes a schedule of hearings in advance.
  • COLOMBIA Improved Court Transparency: Began publishing court data on decisions, officials, agendas, and procedure manuals to increase transparency and public awareness of court processes.
  • COSTA RICA Online Platform to Monitor Judicial System: Developed an online judicial oversight system, which enables citizens to monitor how long open cases take until they are concluded.
  • SLOVAK REPUBLIC Transparency and Accountability of Prosecutors: Began publishing a regularly updated list of prosecutors in 2016 and analyzed their selection and disciplinary procedures in 2017.
  • UKRAINE Training for Law Enforcement Officers: Trained law enforcement officers in community policing practices, created online resources for police-community coordination, and implemented a “schools and police” project.
  • UNITED STATES Centralized Database for Police Data: Published 295 police datasets (representing 135 jurisdictions) by the end of 2017 in a centralized database under the Police Data Initiative.
  • Uruguay Increased Access to Public Hearings and Data: Began publishing statistical information from the judicial branch and video recordings of all public hearings over two action plans.
Beyond OGP Action Plans
  • MEXICO Assessment Tool for Open Justice: Launched the first edition of a tool to assess the openness of the justice system in over 200 federal and state justice authorities, such as courts, human rights centers, prosecutors, and prisons.
  • PHILADELPHIA, UNITED STATES Public Dashboard for Justice Data: Launched a new public dashboard for criminal justice data created through multi-stakeholder consultation, which is updated daily and presents data on key outcomes in the criminal justice system.
  • UNITED KINGDOM Call for Feedback on Open Justice: Opened a Call for Evidence for a diverse set of actors (such as judicial officers, lawyers, journalists, and court users) to provide feedback on how the government can strengthen and uphold open justice.

The Role of Local Governments

Most basic legal processes are carried out first (and often exclusively) at the local level. Below are examples of the many roles local governments play in determining the openness of the justice system.

  • Provinces and municipalities establish laws, run courts, and run correctional facilities.
  • In most OGP countries, law enforcement is also devolved to the local level.
  • Public defenders and prosecutors (usually elected or appointed at the municipal or provincial level) are key actors in determining how well a justice system serves its people, such as by determining what goes to court, what the public sees, and just how fair trials may be.
  • Local governments fund alternative justice providers—alternative justice models are often led through community-based centers or initiatives.

Who is working on this topic?

A
Albania Albania
Argentina Argentina
Armenia Armenia
Austin, United States
B
Brazil Brazil
Buenos Aires, Argentina
Burkina Faso Burkina Faso
C
Cabo Verde
Canada Canada
Chile Chile
Colombia Colombia
Costa Rica Costa Rica
Czech Republic Czech Republic
D
Denmark Denmark
E
Ecuador Ecuador
F
France France
G
Georgia Georgia
Greece Greece
H
Honduras Honduras
I
Indonesia Indonesia
Israel Israel
J
Jalisco, Mexico
Jordan Jordan
K
Kenya Kenya
Kyrgyz Republic Kyrgyz Republic
L
Latvia Latvia
Liberia Liberia
M
Mexico Mexico
Mongolia Mongolia
Montenegro
Morocco Morocco
N
Netherlands Netherlands
North Macedonia
Norway
P
Panama Panama
Paraguay Paraguay
Peru Peru
Philippines Philippines
R
Republic of Moldova Republic Of Moldova
Romania Romania
S
Sierra Leone Sierra Leone
Slovak Republic Slovak Republic
Spain Spain
U
Ukraine Ukraine
United Kingdom United Kingdom
United States United States
Uruguay Uruguay

This list reflects members with commitments in the “Open Justice” policy area of the Data Dashboard.


Active OGP Partners

The following organizations have recently worked on this issue in the context of OGP at the national or international level. They may have additional insights on the topic. Please note that this list is not exhaustive. If you are interested in national-level initiatives, please contact research@opengovpartnership.org.


Benchmarking Data

The OGP 2023-2028 Strategy sets out the Open Gov Challenge and aims to provide clear benchmarks for performance through reliable data.

While benchmarks for individual countries and Open Gov Guide recommendations are not yet integrated, for this chapter, interested individuals may rely on the following data sets:

  • The World Justice Project’s Rule of Law Index analyzes different dimensions of governance in 140 countries and jurisdictions, including indicators around the absence of corruption in the judiciary and other justice institutions.
  • OGP commitments on this topic can be found on the Data Dashboard.

Guidance & Standards

While the list below is not exhaustive, it aims to provide a range of recommendations, standards, and analysis to guide reform in this policy area.

  • The OGP Support Unit provides a comprehensive review of recommendations, case studies, and standards in its publication Justice Policy Series, Part II: Open Justice, part of the Justice Policy Series.
  • The principles of open justice are woven throughout international law and standards. For example, the right to due process is enshrined in Article 14 of the International Covenant on Civil and Political Rights and Articles 9–11 of the Universal Declaration of Human Rights.
  • ThePathfinders for Peaceful, Just and Inclusive Societies launched the Task Force on Justice in 2018. The Task Force brings together UN member states, international organizations, civil society, and the private sector to build people-centered justice institutions and accelerate delivery of the SDG targets for peace, justice, and inclusion.
  • The UN Office on Drugs and Crime (UNODC) sets international standards on the justice system, including policing, judicial independence and conduct, legal aid providers, and prison conditions, especially for women and children. Through its Global Judicial Integrity Network, UNODC also provides guidance on how judiciaries can improve and strengthen their systems for the management of courts and cases, maintenance of records, and transparency in the judicial system. Examples of guidance include an implementation and evaluation guide for the UN Convention against Corruption, a resource guide on judicial integrity and capacity, and guidelines on judges’ use of social media.
  • The UN Development Programme created a guide on using digital tools to close the justice gap, which provides recommendations based on an analysis of the opportunities and risks of using technology to modernize justice systems.
  • The European Commission for the Efficiency of Justice (Council of Europe) created a charter for the ethical use of artificial intelligence (AI) in judicial systems. The principles in the charter explore how AI can be used to improve the efficiency in courts and other areas while also protecting human rights.
  • In 2018, two US civil society organizations—the National Center for State Courts and Measures for Justice—partnered to create the National Open Courts Data Standard, or NODS. The project seeks to provide standardized, case-level court data publicly available to improve court system transparency and improve public policy. NODS includes case-level reporting in areas such as case status and details, litigant and lawyer information, pleadings, motions, filings, orders, charges, judgments, and sanctions.
  • RIJA and Hivos just published a joint report on open data standards for judicial institutions. RIJA also maintains a map of open data portals related to justice in Latin America, created through its multi-stakeholder open data working group.
  • The World Justice Project’s Rule of Law Index evaluates countries on a variety of indicators, including on police and criminal and civil justice institutions. Additional special reports use survey data to analyze perceptions of criminal justice institutions, such as in Afghanistan.
  • Namati and its partners in the Grassroots Justice Network work to advance access to information about law and justice processes through grassroots legal empowerment. Namati has published relevant guides, such as a guide on how to provide legal services remotely and a participatory toolkit on providing legal aid to address gender-based violence.
Open Government Partnership