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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

passing his judgments, to rely neither on his own personal<br />

knowledge nor on assumptions contrary to his personal<br />

knowledge.<br />

In Saudi Arabia, there is no obstacle as to enacting a<br />

law setting conditions for commenting on judicial rulings<br />

in accordance with objective, scientific and legal controls<br />

maintaining standing and independence of the judiciary,<br />

and at the same time respecting freedom of opinion and<br />

expression. This shall not be considered as tantamount to<br />

restricting freedom of opinion and expression if meant to<br />

preserve public interest. Otherwise, the judiciary or public<br />

prosecution shall be given the right to prohibit publication<br />

with respect to certain cases or rulings where public interest<br />

requires that – this is the case in most countries.<br />

In light of the foregoing, it is obvious the weakness of<br />

the legal grounds of absolute prohibition of publication of<br />

commentary on courts’ rulings or on matters pending before<br />

courts, and generally speaking, permission is the norm while<br />

prohibition or incrimination is permitted upon deviation<br />

from exercising the freedom of opinion and expression and<br />

constructive criticism and where commentary comprises<br />

blaspheming, defamation, insult or libel.<br />

Freedom of religion and freedom of opinion: Article (18)<br />

of the Universal Declaration of Human Rights provides that,<br />

“everyone has the right to freedom of thought, conscience<br />

and religion; this right includes freedom to change his<br />

religion or belief, and freedom, either alone or in community<br />

370

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