Relevant bibliographies by topics / Judicial balance

Academic literature on the topic 'Judicial balance'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Judicial balance"

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Klatt, Matthias. "Judicial review and institutional balance." Revus, no. 38 (December 28, 2019): 21–38. http://dx.doi.org/10.4000/revus.5180.

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Enonchong, Laura-Stella Eposi. "Judicial Independence and Accountability in Cameroon: Balancing a Tenuous Relationship." African Journal of Legal Studies 5, no. 3 (2012): 313–37. http://dx.doi.org/10.1163/17087384-12342013.

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Abstract This article examines Cameroon’s approach to judicial accountability focusing on its political accountability to the executive. The article contends that the judiciary in Cameroon is excessively accountable to the executive, a position which has resulted to the absence of judicial independence. It also contends that a constitutional reform is necessary to restructure the relationship between the executive and the judiciary and to reform the institutions of judicial insulation in order to provide adequate balance between independence and accountability.
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Benvenuti, Simone. "The Politics of Judicial Accountability in Italy: Shifting the Balance." European Constitutional Law Review 14, no. 2 (June 2018): 369–93. http://dx.doi.org/10.1017/s1574019618000214.

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Oliinyk, V. S. "JUDICIAL REFORM IN UKRAINE: PROBLEMS AND PROSPECTS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 112–19. http://dx.doi.org/10.32755/sjcriminal.2022.01.112.

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The article considers the following areas of reforming the judicial system of Ukraine: strengthening the independence of the judiciary from other branches of government and officials; establishing a reliable mechanism for bringing judges to justice for unjust decisions; establishing a balanced relationship between the judiciary and law enforcement; as well as improving the system of execution of court decisions with the formation of proposals for improving the judicial system of Ukraine. The current law “On the Judiciary and the Status of Judges” contains provisions on the possibility of prosecuting judges for corruption offenses and for violations of procedural law. The following conclusions and suggestions were made: The President of Ukraine and other branches of government must be completely removed from the formation of the judiciary. Judges should be responsible not only for crimes, but also for disciplinary action for unjust decisions, including those ones that do not comply with or contradict substantive law. For the Prosecutor’s Office to be impartial, it must be independent from the President and other authorities and formed on a competitive basis. The Attorney General in our legal system should be appointed by the parliamentary opposition, which will create a balance of interests in this area. The system of execution of court decisions in Ukraine is characterized by its inaction and insolvency. Creating an effective executive service is an important task of the state. Stimulation of efficiency of activity of state executors can be carried out by material stimulation, granting of certain essential bonuses depending on coefficient of efficiency of the executed court decisions. Key words. judicial system of Ukraine, judicial branch of government, judicial reform, courts, judges, court decisions
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Dharsana, I. Made Pria. "Strengthening the Role of the Judicial Commission Through Innovative Strategies to Balance Independence and Impartiality with Judge Accountability." International Journal of Multicultural and Multireligious Understanding 8, no. 10 (October 18, 2021): 328. http://dx.doi.org/10.18415/ijmmu.v8i10.2997.

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The role of the Judicial Commission is very important in the power of the judiciary because one of the forms of state administration in Indonesia is helping to implement an integrity system in the exercise of judicial authority. Besides that, it is also stated in Article 24B paragraph (1) of the Constitution that the Judicial Commission is independent in nature which has the authority to propose the appointment of Supreme Court justices and has other powers in the context of maintaining and upholding the honor, dignity, and behavior of judges. The enactment of Law Number 8 of 2011 is one form of strategy in strengthening checks and balances in judicial power. as for the research method used in this study is a normative legal research method. Furthermore, it is unfortunate that the external authority granted by Law Number 22 of 2004 and has been amended by Law Number 18 of 2011 concerning the Judicial Commission, is very limited, and the limited powers were later amputated by the decision of the Constitutional Court. This limited authority belongs to the enforcement of the Code of Ethics for the Code of Conduct for Judges (KEPPH). This authority is clearly not optimal and then becomes an obstacle for the Judicial Commission in designing innovative strategies in balancing judicial power through Independence, Impartiality and Accountability in the implementation of Judges containing fair decisions.
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Klatt, Matthias. "Positive rights: Who decides? Judicial review in balance." International Journal of Constitutional Law 13, no. 2 (April 2015): 354–82. http://dx.doi.org/10.1093/icon/mov019.

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Králová, Alžbeta. "Legal remedies in asylum and immigration law: the balance between effectiveness and procedural autonomy?" Central European Public Administration Review 16, no. 1 (June 1, 2018): 67–79. http://dx.doi.org/10.17573/cepar.v16i1.358.

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The paper tackles a widely discussed but still rather under-researched area of asylum and immigration law, more precisely its procedural aspects and its interactions within the public administration and administrative judiciary. It contributes to the debate about the Europeanization of public administration within the specific context of asylum and immigration law.The purpose of the paper is to examine the influence of European Union law on the legal regulation of administrative and judicial review of decisions rendered in asylum and immigration procedures.The research is based on an in-depth analysis of the dynamics of amendments and the motivation of national legislation while adopting new procedural rules in the above-mentioned areas on the case of the Czech Republic (based on the description and analysis of the legal regulation, explanatory memoranda and the case law, supplemented with certain comparative aspects). The procedural autonomy principle gets increasingly limited by other principles, namely the effectiveness principle and the principle of effective judicial protection. The paper therefore focuses on the margin of appreciation left to the national legislator: it determines whether the principle of procedural autonomy keeps the real relevancy while harmonising the asylum and immigration law and what is the influence of tensions between the aforementioned principles.The research shows that the legislator still maintains quite a wide degree of margin of appreciation in the administrative and judicial review of asylum and immigration decisions (apart from the visa procedures). However, a broadening of the interpretation of the effective judicial protection principle as provided by Article 47 of the Charter of Fundamental Rights of the EU decreases the scope of procedural autonomy and has the potential to influence not only individual legal remedy, but also the system of administrative or judicial remedies as such. Besides the overall findings related to the influence of European Union law on the review in asylum and immigration procedures, the article tackles numerous practical implications of amendments based in European Union law and practical challenges for the administrative and judicial review in concerned area of law.The paper provides a reaction to tensions coming from the need to find the balance between the obligation to provide an effective remedy and between the autonomy of Member States and their attempts to preserve national procedural traditions and specificities within the system of administrative and judicial review. It is original by its overall view on the problematic of remedies in asylum and immigration law and by a new perspective of interactions between national legislation and European Union law. Although the research is limited to the case study of the Czech Republic, certain aspects apply to other Member States with similarities within their system of administrative and judicial review.
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Igor’ Yu., Voronov. "The Individual Judicial Regulation in Balancing the Rights and Legal Interests of the Employee and the Employer." Rossijskoe pravosudie, no. 4 (March 25, 2022): 41–52. http://dx.doi.org/10.37399/issn2072-909x.2022.4.41-52.

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The article analyzes the issues of individual judicial regulation aimed at maintaining the balance of rights and legal interests of the employee and the employer. The analysis of judicial acts, which use the concept of “balance of interests”, “balance of constitutional rights and legitimate interests” and criticize the scientific approaches based on legal positivism, as well as on the scientifically debatable concept of integrative legal understanding. From the position of scientifically grounded concept of integrative legal understanding the author’s conclusions and proposals are formulated. Including the conclusion that “the balance of rights and legal interests of the employee and the employer” is achieved by means of legal and individual (including individual judicial) regulation of labor legal relations through the application of various forms of national and international labor law.
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Eltis, Karen. "The Judicial System in the Digital Age: Revisiting the Relationship between Privacy and Accessibility in the Cyber Context." McGill Law Journal 56, no. 2 (April 28, 2011): 289–316. http://dx.doi.org/10.7202/1002368ar.

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Despite technology’s reach into all parts of social life, its effects on the judiciary have been under-theorized. The “Digital Age”, and unfettered usage and access to digital information, will have untold effects on core values of judicial independence, impartiality and the delicate balance between privacy and the “open court” principle. Technology—as well as the dramatically increased availability of information of all kinds and quality—is distorting the judicial process and its outcomes. It is of primary importance, therefore, to identify the broad issues that emerge from the growing use of technology, and to provide a theoretical basis for adjudicating the ongoing tension between privacy and transparency in the judicial setting. Too often the judiciary pits privacy against the “open court” principle and accepts a culturally narrow view of what constitutes privacy and how it affects the judicial process. In particular, this article investigates the effects of online court documents to establish why, despite the current preference for openness and transparency, a contextualized understanding of privacy is desirable. Indeed, if we rethink privacy within the cyber context, it can be considered an ally of openness in the court system.
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BOBROVA, Yu Iu. "GENDER BALANCE OPPORTUNITIES IN THE JUDICIAL SYSTEM OF UKRAINE." Scientific Journal of Public and Private Law 1, no. 1 (2019): 3–8. http://dx.doi.org/10.32844/2618-1258.2019.1-1.1.

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Dissertations / Theses on the topic "Judicial balance"

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Cilliers, Yolandi. "Finding a balance between judicial activism and judicial deference." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46117.

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Gil-Porquet, Fernando. "Striking the balance of powers: the Spanish Constitutional Court and the battle for public support." Doctoral thesis, Universitat Pompeu Fabra, 2019. http://hdl.handle.net/10803/666805.

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By examining the framing that political actors made of the upcoming landmark LOAPA, Rumasa and abortion decisions issued by the Spanish Constitutional Court between 1980 and 1983, its influence on public debate and the final rulings, this thesis analyses the impact of external pressure on a new constitutional court using a process-tracing methodology. The research question addressed is whether strategic considerations, and more specifically, the preservation and enhancement of the Court's legitimacy had a significant influence on the three decisions. It is hypothesised that politicians successfully constrained the Court's choices by threatening its capital of public support. The thesis argues that both the risk of having its legitimacy eroded and the wider political consequences of the rulings had a decisive influence on the decisions taken by the Court. The results support theories positing that when adjudicating in salient cases, strategic concerns have a significant influence in constitutional courts decisions. It further sheds light on the challenges new constitutional courts face when in the process of building their legitimacy and trying to establish themselves as respected arbiters.
Mitjançant una metodologia de rastreig de processos (process-tracing) aquesta tesi analitza "impacte de la pressió externa exercida sobre un nou tribunal constitucional examinant l'enfocament (framing) que van portar a terme els actors polítics sobre les històriques sentències de la LOAPA, Rumasa i de l'avortament adoptades pel Tribunal Constitucional Espanyol entre els anys 1980 i 1983, la influència d'aquest enfocament sobre el debat públic i les pròpies sentències. La pregunta de recerca plantejada és si consideracions de tipus estratègic, i més concretament, la preservació i increment de la legitimitat del Tribunal varen tenir una influència significativa sobre les decisions finalment adoptades. Es formula la hipòtesi que els polítics varen ser capaços de restringir les possibilitats d'acció dels jutges posant en risc el capital de suport popular del Tribunal. La tesi argüeix que tant el risc de veure la seva legitimitat disminuïda com les conseqüències polítiques generals de les sentències varen tenir una influència decisiva sobre les decisions preses pel Tribunal. Els resultats donen suport a les teories que postulen que, quan decideixen en casos de gran importància, les consideracions de caràcter estratègic tenen una influència significativa sobre les decisions dels tribunals constitucionals. A més, contribueix a aclarir els reptes als quals s'enfronten els nous tribunals constitucionals quan es troben en el procés de construir la seva legitimitat i intenten establir-se com àrbitres respectats.
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Bolaños, Fernando. "Acceso a justicia laboral en Centroamérica." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/116664.

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Access to labor justice in Central AmericaThis paper presents a reflection of general character on the most important values and principles that underlie a system of access to the democratic, efficient and fair labor justice. The paper also tries to establish a systematic connection between the concepts of institutionality and access to justice, referring to the interrelationship between both notions and values that feed one another. For work purposes are mentioned and then analyzed four great subthemes: transparency, balance of parties in the labor process, the issue of speedy justice and the principle of effective judicial guardianship. All the above with references to Central America and Dominican Republic legislation and the jurisprudence of the Inter-American Court of Human Rights.
Esta ponencia nos presenta una reflexión de carácter general sobre los valores y principios más importantes que subyacen a un sistema de acceso a la justicia laboral democrático, eficiente y justo. El trabajo pretende además establecer una vinculación sistemática entre los conceptos de institucionalidady de acceso a la justicia, refiriéndose a la interrelación entre ambas nociones y entre los valores que alimentan el uno y el otro. A los propósitos del trabajo se mencionan y analizan entonces cuatro grandes subtemas: la transparencia, el equilibrio de las partes en el proceso laboral, el problema de la justicia pronta, y el principio de tutela judicial efectiva. Todo lo anterior con referencias a la legislación centroamericana y de República Dominicana y la jurisprudencia de la Corte Interamericana de Derechos Humanos.
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Ng, Gar Yein. "Quality of judicial organisation and checks and balances." Antwerpen [u.a] Intersentia, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/53502892X.pdf.

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Basinger, Scott J. "Checks and balances : partisan politics and judicial power /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 2001. http://wwwlib.umi.com/cr/ucsd/fullcit?p3000407.

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Silva, Helen Neves da. "Marcos jurídicos da gestão integrada das bacias hidrográficas e da zona costeira a partir da Constituição Federal de 1988." reponame:Repositório Institucional da FURG, 2012. http://repositorio.furg.br/handle/1/4033.

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Dissertação(mestrado) - Universidade Federal do Rio Grande, Programa de Pós-Graduação em Gerenciamento Costeiro, Instituto de Oceanografia, 2012.
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O equilíbrio ecológico é reconhecido pela Constituição Federal como elemento indispensável para a manutenção das características dos ecossistemas, para a qualidade de vida e para o desenvolvimento sustentável. Logo, a defesa do meio ambiente exige estratégias multitemáticas, que considerem e incorporem a unicidade do meio ambiente. Neste contexto, está inserida a gestão integrada da zona costeira e das bacias hidrográficas, que leva em consideração, além das interações ecológicas, as interações sociais e econômicas de ambos os ecossistemas. No entanto, a gestão de bacias hidrográficas que contém trechos de zona costeira está focada apenas na conservação dos recursos hídricos, operando de modo dissociado da gestão costeira, que visa o gerenciamento de múltiplos recursos por meio do planejamento e ordenamento do uso do solo e das águas dentro da costa. A concentração demográfica na região costeira do Brasil e as atividades nela desenvolvidas causam intensa pressão antrópica sobre as bacias hidrográficas, assim como as atividades realizadas no âmbito das bacias impactam direta ou indiretamente a zona costeira, devido à relação ecossistêmica entre o continente e o oceano, por meio do ciclo hidrológico. Esses impactos podem acarretar o agravamento da crise hídrica já instalada no Brasil. Por essa razão, se faz necessária a gestão integrada entre esses setores, uma vez que as estratégias de gerenciamento sobre um ecossistema terá, necessariamente, reflexos econômicos, sociais e ecológicos no outro. Em face dessa problemática, o presente estudo delineou os marcos normativos que permitem a integração da gestão de bacias hidrográficas com a gestão da zona costeira, a partir do novo tratamento dado ao meio ambiente pela Constituição Federal de 1988, verificando que a concretização da gestão integrada é uma obrigação tanto para o Estado quanto para a coletividade e que é possível realiza-la por meio da harmonização e inter-relação dos instrumentos do gerenciamento costeiro com os Planos de Bacias, da participação popular e da descentralização do poder de gestão dos recursos hídricos.
The ecological balance is recognized by the Federal Constitution as a needful feature to the maintenance of the ecosystem characteristics, the life quality and sustainable development. Therefore, the environment defense requires an multi-subject strategy, that consider and incorporate the environment unity. In this context, it is inserted the integrated management of the watersheds and the coast zones, which considers, besides the ecological interaction, the social and economic interaction oh both ecosystems. Nevertheless, the watersheds management which contains parts of the coast zone is focused only in the conservation of the water resources, operating separated from the coast zone management, which aims the management oh multiply resources by means of the usage planning of the soil and water inside the coast. The demographic concentration on Brazil coast zone and the activities developed cause intense anthropic pressure on the watersheds, as well as the activities developed in the watersheds impacts direct or indirectly the coast zone, due to the ecosystem relation between the continent and the ocean by the hydrological cycle. These impacts can result on the aggravation of the water crisis already installed in Brazil. Therefore it is necessary the integrated management among theses systems, once the management strategies on an ecosystem will necessarily have social, economic and ecological reflexes on one another. Due to these problems the present study outlined legal milestones that allows the integration of the watershed and the zone coast managements from the new environment treatment of the Federal Constitution of 1988, verifying that implementation of the integrated management is an obligation to the State and the collectivity and that it is possible to implement it by means of the harmonization and the interrelationship of the coast management tools with the watershed plans, the popular participation and the decentralization of the water resources management power.
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Gicherman, Jessica. "The judicial system in Venezuela & the lack of checks and balances." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/559.

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Although the wave of democratization already took place in Latin America, Venezuela has experienced a reversal in the past decade. In earlier years, the higher courts (although independent) had no impact on society; the justice members only assumed a symbolic role with no real importance, but with time, this characteristic started to interchange and the Judicial branch began to get involved in issues regarding its civil society. Consequently, the elected President Hugo Chavez decided to neutralize the power of all branches of government, including the judiciary, by enacting a set of rules not commonly seen in a democratic country, which concentrated the majority of power in his hand, eliminating the concept of Checks and Balances. This imbalance of power between the Executive and all other branches of government, has led to the deterioration, and almost elimination, of the independence within the judiciary. Therefore, the more the executive controls the judiciary, the less autonomy and less self-sufficiency it will have, thus eliminating the checks and balances in the Venezuelan government. In this negative relationship, the excessiveness of power exerted by the Executive branch is the main variable that controls the judicial branch. I will present valuable background information to this topic, and I will then suggest a concise solution to the problem of government imbalance between the branches in the Venezuelan government.
B.A.
Bachelors
Sciences
Political Science
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Lopez, Victor S. "Electing State Court Judges| Harmonizing Democracy with Judicial Review in Pursuing Balanced State Government and Legitimacy." Thesis, University of Nevada, Reno, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10809285.

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Traditional democratic political theorists promote the idea that Supreme Court exercises of judicial review create a counter-majoritarian difficulty , theoretically threatening the foundation of American democracy. Nevertheless, Alexander M. Bickel and other writers, while accepting this premise, seek to reconcile the judicial review power with democratic principles. This thesis rejects the existence of a difficulty. It proposes a historically-based approach for studying democratic theory which considers the elective reality among state judiciaries, and then including these judges’ decision making in theoretical discussions. The fact that state court judges are subject to popular vote earns them a substantial degree of democratic legitimacy because they are closer to people than appointed federal counterparts. They more frequently adjudicate common issues affecting peoples’ everyday lives, and they far outnumber U.S. Supreme Court Justices. These predominantly elected judges also interact with the public when they periodically step into the political arena to engage in campaign activities (i.e., election, re-election, or retention).

The pervasive nature of the state judicial role and judge elections acquaint the populace with who these judges are and what they do in ways that are unimaginable for the few and remote Supreme Court appointees. As a result, the thesis questions theorists’ proclivity to analyze the counter-majoritarian issue by considering only the Supreme Court’s potential impact on the public sentiment. The Supreme Court lens, it will be argued, is too narrow and unrepresentative of the many and complex state court decisions that result in social control and regularly impact the public mind. This thesis remedies the omission of state court decisions from the analysis.

As a part of this investigation, the thesis reviews the nineteenth century transformation of the state judicial office from a legislatively-appointed position to one that became subject to popular vote. During the post-Jacksonian era of democratization, state constitution makers committed to remake state governments by rescuing their political institutions from the claws of the ill-fated experiment of legislatively dominant state governments. Recurrent economic depression, poverty, and instances of government corruption early in the century, led voters to demand fundamental reform. Leading into the 1850s, reformers accepted the important truth that the dominant-legislative model lacked needed checks and balances against public abuse. They slowly recognized that a balanced tripartite system was essential for effective governance.

Judiciaries needed to be strengthened if judges were going to assist in securing roughly balanced state government. Abandoning appointments and embracing judicial review and elections led to needed separation and independence of judiciaries from adjoining branches. These reforms also empowered judges to oversee and maintain adjoining branches within newly defined constitutional spending and lawmaking limits. This also bolstered the ability of judges to protect individual rights against government intrusion. Newly empowered judiciaries thus promoted governmental equilibrium against legislatures and executives whose powers were also more clearly defined. Understanding these reforms holds a key to recognizing the taming of formerly dominant legislatures. Considering this combination of changes also reveals how apparently divergent elements (i.e., elections and review power) may be reasonably credited with saving state governments from ruinous corruption and promoting democratic legitimacy. The proposed state-centric analytic model requires theorists to reconsider prior approaches to democratic political theory, including the federal Supreme Court view. The refocus on state court decision making and elections permits more precise consideration of crucial questions. For example, it is important to see, and document, the extent to which American courts exercise consequential judicial review, and to appreciate whether the public actually sees such exercises as problematic, as the Supreme Court view asserts. This approach also helps to illuminate how judges’ participation in campaigns affects public views of legitimacy. The proposed approach offers a richer evidence-base (i.e., state court exercises of the power) on which to base assertions about whether judicial review (and elections)—rather than being a deviant force—actually harmonizes democracy with the American system for the fair administration of justice.

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Diogo, Neto Jos? Andr? "A efic?cia na execu??o do planejamento estrat?gico no poder judici?rio do Rio Grande do Norte." Universidade Federal do Rio Grande do Norte, 2013. http://repositorio.ufrn.br:8080/jspui/handle/123456789/15039.

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This paper presents an analysis of the current strategic plan of the Judiciary of Rio Grande do Norte emphasizing the evaluation of strategic indicators verifying the effectiveness in implementation, since the implementation of the Balanced Scorecard as a tool for performance evaluation of strategic management. The research presents the strategy map and the evaluation indices of strategic performance reporting on the effectiveness. After literature review and documentary, is making the measurement of indicators that are treated from the standpoint of an exploratory and descriptive in strategic planning used by the judiciary Potiguar. The problem was evaluated qualitatively and quantitatively using statistical techniques for data analysis comparing them between Judiciaries of Brazilian States. With respect to data collection was used performance indicators extracted from the data of Justice in Numbers provided by CNJ the period from 2004 to 2011, and the information sought in the Sector Strategic Planning TJ / RN. The main results of this study are as follows: Acquisition of insight into what level is the strategic planning of the judiciary of Rio Grande do Norte and the evolution of its performance indicators comparing them with the states of RS, CE, SE and the National Judiciary
Esta disserta??o traz uma an?lise do atual planejamento estrat?gico do Poder Judici?rio do Rio Grande do Norte dando ?nfase ? avalia??o dos indicadores estrat?gicos verificando a efic?cia na execu??o, a partir da implanta??o do Balance Scorecard como ferramenta de avalia??o de desempenho da gest?o estrat?gica. A pesquisa apresenta o mapa estrat?gico e os ?ndices de avalia??o de desempenho estrat?gico verificando a efic?cia. Ap?s an?lise bibliogr?fica e documental, ? tomada a mensura??o dos indicadores que s?o tratados do ponto de vista de uma pesquisa explorat?ria e descritiva no planejamento estrat?gico utilizado pelo Poder Judici?rio Potiguar. Os dados foram analisados quantitativamente e qualitativamente utilizando-se de t?cnicas da estat?stica descritiva para avalia??o dos dados comparando-os entre os Poderes Judici?rios dos Estados Brasileiros. Com rela??o ? coleta de dados utilizaram-se os indicadores de desempenho extra?dos dos dados da Justi?a em N?meros fornecido pelo CNJ no per?odo 2004 a 2011, e as informa??es pesquisadas no Setor de Planejamento Estrat?gico do TJ/RN. Os principais resultados deste estudo s?o os seguintes: Aquisi??o da vis?o sobre em que n?vel se encontra o planejamento estrat?gico do Poder Judici?rio do Rio Grande do Norte e a evolu??o dos seus indicadores desempenho comparando-os com os Estados do RS, CE, SE e com o Poder Judici?rio Nacional
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Prado, Izabel Cristina Navarro. "A accountability como mecanismo de controle social da atividade judicial." Universidade Presbiteriana Mackenzie, 2018. http://tede.mackenzie.br/jspui/handle/tede/3459.

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Accountability is a means of controlling of acts of the Public Power that presents two main modalities: vertical accountability and horizontal accountability. The vertical accountability refers to the control carried out through the elections, where the voters express their judgment regarding the performance of the politician during the electoral mandate. The horizontal accountability deals with the relationship of reciprocal control between state agencies or powers or checks and balances. The application of accountability to the Judiciary is necessary not only due to the great independence of this Power, but also because, unlike the other powers, this power is not affected by vertical controls, since it is not an elected power. Before the creation of the CNJ, the Judiciary did not have an effective control over its performance. The CNJ is an administrative and disciplinary control body of the Judiciary. It is discussed in the research if the CNJ exercises a horizontal accountability role and if with its creation the Judiciary reached an adequate degree of accountability.
A accountability constitui um mecanismo de controle dos atos do Poder Público que apresenta duas modalidades principais: accountability vertical e accountability horizontal. A accountability vertical refere-se ao controle realizado através das eleições, onde os eleitores manifestam seu julgamento em relação à atuação do político durante o mandato eleitoral. A accountability horizontal trata da relação de controle recíproco entre os poderes ou agências estatais. A aplicação da accountability ao Poder Judiciário torna-se necessária não apenas pela grande independência desse Poder, como também pelo fato de que, ao contrário dos outros poderes, não sofre a incidência dos controles verticais, por não ser um poder eleito. Antes da criação do CNJ o Poder Judiciário não dispunha de um efetivo controle sobre sua atuação. O CNJ é um órgão de controle administrativo e disciplinar do Poder Judiciário. Discute-se na pesquisa se o CNJ exerce um papel de accountability horizontal do Poder Judiciário e se com sua criação este Poder alcançou um grau adequado de accountability.
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Books on the topic "Judicial balance"

1

Les juges dans la balance. Paris: Ramsay, 1987.

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Lopez, Ann Lourdes C. On balance: Judicial reforms in the Philippines. San Juan]: Asian Institute of Journalism and Communication, 2005.

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John Paul Stevens and the Constitution: The search for balance. University Park: Pennsylvania State University Press, 1988.

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Jeffries, John Calvin. Justice Lewis F. Powell, Jr. and the era of judicial balance. New York: C. Scribner's Sons, 1994.

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Guerrero, Luis Alberto Huerta. La jurisdicción constitucional en el Perú en el 2003: Un balance sobre su desarrollo en la legislación y la jurisprudencia. Lima, Perú: Comisión Andina de Juristas, 2004.

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Jimena, Salazar Montoya, and Zavala Respaldiza Zarela, eds. Acceso a la justicia y seguridad ciudadana: Un balance de los juzgados de paz letrados en comisarías. Lima: Justicia Viva, 2008.

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La reforma del sistema de justicia: ¿en el camino correcto? : breve balance de su situación actual y de los retos pendientes. Lima, [Perú]: Instituto Peruano de Economía Social de Mercado, 2006.

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Office, General Accounting. Federal judiciary: Assessing and formally documenting financial disclosure procedures could help ensure balance between judges' safety and timely public access. Washington, D.C: United States General Accounting Office, 2004.

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Quan li zhi heng yu quan li bao zhang: Zhen cha cheng xu zhong de si fa shen cha ji zhi yan jiu = Power balance vs rights protection : a study on the mechanism of judicial review in the investigation procedure. Beijing Shi: Guang ming ri bao chu ban she, 2013.

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Johannesburg, South Africa) A. Delicate Balance: the Place of the Judiciary in a. Constitutional Democracy (2005. A Delicate Balance: The Place of the Judiciary in a Constitutional Democracy : proceedings of a symposium to mark the retirement of Arthur Chaskalson, former Chief Justice of the Republic of South Africa. Cape Town: SiberInk in association with the School of Law, University of the Witwatersrand, 2006.

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Book chapters on the topic "Judicial balance"

1

Klatt, Matthias. "Positive Rights: Who Decides? Judicial Review in Balance." In Proportionality, Balancing, and Rights, 163–95. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77321-2_7.

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Eliantonio, Mariolina, and Dacian Dragos. "The indirect review of administrative action in search of a fair balance between legality and legal certainty." In Indirect Judicial Review in Administrative Law, 1–12. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003164302-1.

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Ivanov, Viacheslav V., Daria M. Matsepuro, and Tatiana V. Trubnikova. "National Judicial Bodies in Search of a Balance of Public and Private Interests." In Technology, Innovation and Creativity in Digital Society, 148–67. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-89708-6_14.

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Tănase, Alexandru. "Role of the Constitutional Justice in Controlling the Balance Between State Powers in the Republic of Moldova." In Rule of Law, Human Rights and Judicial Control of Power, 177–88. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55186-9_9.

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Nergelius, Joakim. "The Constitution of Sweden and European Influences: The Changing Balance Between Democratic and Judicial Power." In National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law, 315–58. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-273-6_8.

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Frąckowiak-Adamska, Agnieszka. "Drawing Red Lines with No (Significant) Bites: Why an Individual Test Is Not Appropriate in the LM Case." In Defending Checks and Balances in EU Member States, 443–54. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_18.

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AbstractThis contribution argues that an obligation for an executing court to conduct an individual assessment in case of systemic deficiencies of the judiciary in other Member States is not an adequate tool for ensuring the respect for the rule of law. Infringements of the independence of the judiciary require other legal mechanisms of protection than fundamental rights. Moreover, individual test is often not feasible in the European judicial area as some other acts providing for recognition of judgments in the EU do not contain the mechanisms of refusal of recognition or execution. A breach of the obligation to ensure independence of the courts should logically result in suspending the participation of a given Member State in the EU policy area at stake.
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Lo, Chang-fa. "A Proper Balance Between WTO’s Members-Driven Nature and the Appellate Body’s Role as an Adjudicator—Careful Exercise of Judicial Activism." In The Appellate Body of the WTO and Its Reform, 125–39. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-15-0255-2_8.

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Biernat, Stanisław, and Paweł Filipek. "The Assessment of Judicial Independence Following the CJEU Ruling in C-216/18 LM." In Defending Checks and Balances in EU Member States, 403–30. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_16.

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AbstractIn the LM ruling, the Court of Justice developed the Aranyosi and Căldăraru test and indicated it as the one to be applied for the assessment of judicial independence and fair trial guarantees in the context of executing European Arrest Warrants. Although serious threats to the rule of law and judicial independence in some EU countries, like Poland, have been documented over recent years, no warrant has so far been definitely rejected as a consequence of the application of the LM test, although there are cases in which the execution of warrants to Poland has been suspended. This naturally raises questions as to whether the mechanism proposed by the Court responds to the need of protecting the right to a fair trial and safeguarding judicial independence. In this contribution we evaluate the mechanism devised by the Court, taking into account the available judicial practice after the LM ruling. We point out that the almost automatic transfer of a mechanism proposed to evaluate the functioning of a prison system to that evaluating a fair trial and judicial independence has not been fully successful. The mechanism proposed by the Court reveals a number of problematic issues and proves to be insufficient and not entirely adequate to assess judicial independence and guarantees of a fair trial.
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Spieker, Luke Dimitrios. "Defending Union Values in Judicial Proceedings. On How to Turn Article 2 TEU into a Judicially Applicable Provision." In Defending Checks and Balances in EU Member States, 237–68. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_10.

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AbstractThis chapter centres on the question of how to address violations of EU values in judicial proceedings before the Court of Justice. Instead of relying on fundamental freedoms, EU secondary legislation or the Charter, this chapter explores a more promising path—engaging with Article 2 TEU itself. Yet this path rests on a crucial premise: the judicial applicability of the values enshrined in Article 2 TEU. Such a judicial applicability is far from self-evident and needs to be carefully construed. Based on recent jurisprudential developments, this chapter will propose ways to operationalise Article 2 TEU without curtailing its unrestricted scope of application. The judgments of Associação Sindical dos Juízes Portugueses, Minister for Justice and Equality (L.M.) and Commission v. Poland will be at the heart of this contribution.
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Dupré, Catherine. "The Rule of Law, Fair Trial and Human Dignity: The Protection of EU Values After LM." In Defending Checks and Balances in EU Member States, 431–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_17.

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AbstractThe 2018 CJEU ruling in LM highlighted the importance of judicial independence for the rule of law and protection of the right to fair trial. In so doing, the judgment raised problematic questions about the relationship between Article 2 values and the EU Charter rights, and their connection with mutual trust. This chapter considers these issues through the lens of human dignity, which is both the first foundational value under Article 2 and the first right in the EU Charter. By discussing how the LM judgment raises the constitutional status of the right to a fair trial, this chapter argues that a focus on human dignity could effectively link Article 2 values with EU Charter rights and facilitate assessment of their respective breach.
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Conference papers on the topic "Judicial balance"

1

Liu, Cheng-Gao, Yun Yuan, and Zhao-Yi Zhang. "Analysis of balance between reform of judicial system and supervision to power in China." In Conference on Data Science and Knowledge Engineering for Sensing Decision Support (FLINS 2018). WORLD SCIENTIFIC, 2018. http://dx.doi.org/10.1142/9789813273238_0154.

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Opykhtina, Elena. "DEVELOPMENT OF JUDICIAL PRACTICE ON ISSUES OF ENSURING THE BALANCE OF THE RIGHTS OF THE CREDITOR AND THE DEBTOR." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.44.

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Kondrakova, Inna, Liudmila Bocharnikova, Viktor Erofeev, Natalia Orlovskaya, and Marina Shepelenko. "On the issue of criminal responsibility for crimes of extremist nature among youth." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.zngh8145.

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Changes that took place at the turn of the 20th and 21st centuries made extremism a global problem. The scale and nature of the extremist movements of our time indicate that the problem under consideration has turned from a private human into a general social one, and has reached the world level. At present, the issues of extremism occupy one of the key places. The ideology of extremism has a destructive effect on the future of our country, thereby undermining the territorial unity and political balance of the Russian Federation. As a result, the ideology formed among young people not only distorts the worldview, but also affects the consciousness, turns the young generation into a “time bomb”, the purpose of which is to destroy the established social order. It should be noted that the state policy of the Russian Federation is primarily aimed at identifying cases of extremism, and not at all on preventive measures to combat it, which is a huge disadvantage in working with the younger generation. Despite the difficulties in considering this issue, judicial practice demonstrates a fairly large number of examples of bringing young people to criminal responsibility for crimes of an extremist nature.
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Özkan, Gürsel. "Judicial Review of Cumulative Impact Assessment." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02273.

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In our country, there is not any domestic or international regulation regarding assessment of cumulative impacts of air pollution caused by thermal power stations in the region or environment in where the station is established. According to the Article 56 of the Constitution, everyone has the right to live in a healthy and balanced environment and it is the duty of the State and citizens to protect the environmental rights. These rights include right to live in an environment which is protected and is not damaged or polluted, in addition to social and cultural development, and the efficient use of national resources for in particular the rapid, balanced and harmonious development of industry and agriculture throughout the country, which is stated in the Article 166 of the Constitution. Cumulative impact assessment is evaluation of the effects caused by the combined results of a project or a certain project action and foreseeable past, current and future human actions. Cumulative impact assessment of thermal power stations could be possible with the determination of the combined effects of existing and licensed power stations while licensing process of a new stations. There should be an assessment regarding the place, location and type of other power stations which are already established or are planned to establish in the same city or geographic area. This requirement is crucial in terms of judicial review of licensing of new power stations which are planned to establish upon Environment Impact Assessment is Positive decision.
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Fedorov, Roman, and Dmitry Pixin. "On the question of the independence of the judicial branch in the theory of separation of powers." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/252-258.

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The article is devoted to the principles of independence and independence of the judiciary from the executive and legislative branches of government. The problems of the system of checks and balances in the theory of separation of powers are analyzed. Forecasts are made on the effect of levers of pressure in relation to the courts from other authorities. The article analyzes certain legal acts concerning the interaction of the judiciary with other branches of government.
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Wang, Wan, Yinzhong Yang, Shaoyi Bei, and Jianwen Wang. "Design of Scientific Research Performance Evaluation System in Application-oriented Universities Based on Balanced Scorecard." In 2nd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/jahp-17.2017.109.

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Abdulqadir Mustafa, Sanna. "The Kingdom of Norway's experience in monetary reform and exchange rate change and Iraq's access to it." In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/icearnc/1.

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The Kingdom of Norway is a welfare state based on principles such as equality and security for all and has a responsibility to raise the living, health and economic level of the people regardless of the social status and class affiliation of the people through the existence of economic and financial institutions such as the Central Bank, which monitors the process of monetary reform and exchange rate change in terms of its legality based on the country's constitution, judiciary and finance. Monetary reform is a key pillar of the economic reform program in any country in the world, as well as in international economic bodies, because the exchange rate of a country's currency compared to other international currencies is the best proof of the strength of that country's national economy, which is important in the price system and a lever that affects the general price level and the balance of payments through its impact on exports and imports. It also affects the overall burden of the foreign indebtedness of that country, its general balance, external transfers, the state's ability to attract foreign investment, the degree of confidence in the national currency, savings and investment, and the state of the distribution of national income between different social strata and segments.
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Abdulqadir Mustafa, Sanna. ""The Kingdom of Norway's experience in monetary reform and exchange rate change and Iraq's access to it "." In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/uhdicearnc/1.

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The Kingdom of Norway is a welfare state based on principles such as equality and security for all and has a responsibility to raise the living, health and economic level of the people regardless of the social status and class affiliation of the people through the existence of economic and financial institutions such as the Central Bank, which monitors the process of monetary reform and exchange rate change in terms of its legality based on the country's constitution, judiciary and finance. Monetary reform is a key pillar of the economic reform program in any country in the world, as well as in international economic bodies, because the exchange rate of a country's currency compared to other international currencies is the best proof of the strength of that country's national economy, which is important in the price system and a lever that affects the general price level and the balance of payments through its impact on exports and imports. It also affects the overall burden of the foreign indebtedness of that country, its general balance, external transfers, the state's ability to attract foreign investment, the degree of confidence in the national currency, savings and investment, and the state of the distribution of national income between different social strata and segments.
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Moretti, Iandra, and Mariana Chaguri. "Conflitos socioambientais envolvendo comunidades tradicionais e grandes projetos de desenvolvimento nas regiões do Vale do Paraíba e Litoral Norte do Estado de São Paulo de 2013 a 2018: balanço por meio de fontes judiciais, administrativas e mídia eletrôn." In Congresso de Iniciação Científica UNICAMP. Universidade Estadual de Campinas, 2019. http://dx.doi.org/10.20396/revpibic2720192845.

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Reports on the topic "Judicial balance"

1

LaPorta, Rafael, Florencio Lopez-de-Silane, Cristian Pop-Eleches, and Andrei Shleifer. Judicial Checks and Balances. Cambridge, MA: National Bureau of Economic Research, June 2003. http://dx.doi.org/10.3386/w9775.

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