Law
📈 Global Citations (Crossref): 0
📊 Article Statistics:
👁️ Views: 30
📥 Downloads: 6
Authors
Name: Ghada Fouad Haddad |
Country: Lebanese Republic
Department / Fine Specialization: Law / Private Law
Institution / University: Islamic University Of Lebanon
🎓 Scientific Supervisor
Name: Prof. Dr. / Ghaleb Khalil Farhat |
Country: Lebanese Republic
Abstract
Digital litigation has emerged as a central component of contemporary judicial systems, promising efficiency and broader access to justice. However, its implementation often confronts legislative gaps, as many regulations rely on adaptations of traditional procedural codes designed for physical court settings, which may not adequately address the unique challenges posed by digital environments. This raises critical questions regarding the preservation of fair trial guarantees, including the right of defense, adversarial proceedings, and judicial impartiality. Additionally, this study adopts a critical approach to examine the adequacy of current legal frameworks in safeguarding these guarantees while addressing the challenges posed by digital procedures. It further proposes reform-oriented solutions to bridge legislative gaps and ensure that digital litigation develops within a coherent, balanced, and fair procedural framework.
Keywords: Digital Adjudication, Fair Trial Guarantees, Judicial Digitalization, Legislative Reform, Access to Justice
Research Language:
Arabic
How to cite:
ElQarar Journal for Peer-Reviewed Scientific Research, Vol. 9, Issue 27, Year (3), pp. 399-424.
ElQarar Journal for Peer-Reviewed Scientific Research, Vol. 9, Issue 27, Year (3), pp. 399-424.
Download Citation:
Endnote/Zotero/Mendeley (RIS)
BibTeX
⚖️ Conflict of Interest:
The author/authors declare no conflict of interest regarding the publication of this research.
💰 Funding:
This study did not receive any financial support or grant from any public, private, or non-profit entity.
References
- Richard Susskind Online Courts and the Future of Justice, Oxford University Press, 2019, pp. 30-78.
- Richard Susskind Tomorrow’s Lawyers: An Introduction to Your Future, Oxford University Press ,2017, pp. 40-82.
- Daniel J. Solove Understanding Privacy, Harvard University Press, 2008, pp. 80-120
- Ethan Katsh & Orna Rabinovich-Einy, Digital Justice: Technology and the Internet of Disputes, Oxford University Press, 2017, pp. 50-120.
- Eoghan Casey, Digital Evidence and Computer Crime: Forensic Science, Computers, and the Internet, 3rd ed., Academic Press, 2011. https://openlibrary.org/books/OL25543563M/Digital_evidence_and_computer_crime
- Peter W. Singer And Allan Friedman, Cybersecurity and Cyberwar: What Everyone Needs to Know, Oxford University Press, 2014, pp. 1-85. https://global.oup.com/academic/product/cybersecurity-and-cyberwar-9780199918096
- Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information, Harvard University Press, 2015, pp. 33-76 https://www.hup.harvard.edu/catalog.php?isbn=9780674970847
- Helen Xanthaki, Drafting Legislation, A Modern Approach, Routledge, 2014, pp. 55-89.
- Paul Craig & Grainne de Burca, EU Law Text, Cases and Materials, Oxford University Press, 2015, pp. 120-164. https://www.lgdj.fr/eu-law-9780198714927.html
- Michel Rosenfeld & András Sajó (eds.),The Oxford Handbook of Comparative Constitutional Law, Oxford University Press, 2012, pp. 17-62
This work is licensed under a Creative Commons Attribution 4.0 International License. Permitting copying, distribution, and reproduction of the work in any medium or format for any purpose, even commercially, provided the original work is properly attributed.