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Academic literature on the topic 'Judicial committee'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 August 2024

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Journal articles on the topic "Judicial committee"

1

Suparto, Suparto. "Kontroversi Putusan Mahkamah Konstitusi Membatalkan Kewenangan Komisi Yudisial Melakukan Rekrutmen Terhadap Hakim." SASI 26, no. 2 (June 4, 2020): 266. http://dx.doi.org/10.47268/sasi.v26i2.252.

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The Supreme Court conducted a selection of judges without the involvement of the Judiciary Committee. The Judiciary Committee deemed the recruitment was violating the law since it was not involving them in the process. While the Supreme Court viewed that the implementation guidelines for the mutual regulation of the Judiciary Committee and Supreme Court was yet to be existed, while the need for fresh judges was deemed as urgent at that time. Based on that premise, the Supreme Court conducted the recruitment and appointment of judges, several supreme court judges and registrars were conducting a judicial review on the Law No. 49 of 2009, Law No. 50 of 2009, and Law No. 51 of 2009.The Constitutional Court granted their plea with Stipulation No. 43/PUU-XIII/2015.One of the points of considerations of the constitutional judges was the involvement of Judiciary Committee on the recruitment of judges was deemed to disrupt the independency of the Supreme Court. Actually, the involvement of the Judiciary Committee in the selection of judges will not intrude the independency of the judicial power or the judge itself. The independency of judges will be disrupted if the Judiciary Committee is intervening with the technical aspect of judicial power which includescross-examination, trial, and the verdict on a case.

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Nadler, Daniel. "An Opportune Moment: The Judicial Appointment Reforms and the Judicial Credentials Demanded by the Charter." Constitutional Forum / Forum constitutionnel 15, no. 1, 2 & 3 (July 24, 2011): 2006. http://dx.doi.org/10.21991/c98675.

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In 2005, Minister of Justice Irwin Cotler proposed and tabled in Parliament a number of reforms to the federal judicial appointment process. These reforms were designed to increase the transparency and enhance the accountability of the procedures by which judges are appointed to federally operated Canadian courts, including the Supreme Court of Canada. Included in the reform package was a Code of Ethics for members of the judicial appointment committees, as well as a directive to publish on an annual basis the identity of the members of the judicial appointment committees, the number of total applications for judicial office, and the number of that total that have been recommended or highly recommended by the committee. Crucially, a set of guidelines for the operation of the judicial appointment committees was provided, which outlined the overriding principles that committee members were to consider during the appointment advisory process.

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Lurie, Guy. "Appointing Arab Judges to the Courts in Israel, 1948–1969." Israel Studies Review 34, no. 1 (March 1, 2019): 47–66. http://dx.doi.org/10.3167/isr.2019.340104.

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This article unveils a virtually unknown chapter in the history of judicial diversity in Israel. During its first 20 years of existence, between 1948 and 1968, only three Arab judges were appointed. Then, within two years, between 1968 and 1969, Israel appointed three additional Arab judges. Two interconnected changes account for this small increase in judicial diversity. First, in the 1960s, the Arab legal elite began to exert pressure on Israeli officials to appoint Arab judges. Second, perhaps partly due to this pressure, the Judicial Selection Committee made having a diverse judiciary a top priority. This historical example teaches us that without outside pressure, the Judicial Selection Committee does not look on diversity as an important consideration, using the merit system of appointment as an excuse for its failure. Indeed, up to the present day, the Israeli judiciary has relatively few Arab judges.

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Miller, Mark C. "The Senate Judiciary Committee's Relationship with the Federal Courts." British Journal of American Legal Studies 10, no. 3 (December 1, 2021): 409–32. http://dx.doi.org/10.2478/bjals-2021-0012.

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Abstract This Article examines the general relationship between the Senate Judiciary Committee and the federal courts using a historical institutionalist analysis. The Senate Judiciary Committee, often known as the “Committee of Lawyers”, has adopted a very lawyer-like decision making process and style. This Article considers whether the large number of lawyers who sit on it serves to protect the federal courts from institutional attacks; it explores how the Committee can influence the number of judges sitting on any given federal court and help determine the boundaries of the U.S. Circuit Courts of Appeals. The Article explores why the Senate Judiciary Committee often serves as a graveyard for court-curbing proposals approved by the House Judiciary Committee or even the full House. The main focus of the Article is on how the Committee chair has considerable influence on the court-Congress relationship, although the chair must function within the overall decision-making culture of the Senate as a whole. It notes various chairs have approached the Blue Slip process for judicial nominees very differently, depending in part on whether the White House and the Senate are controlled by the same political party. Finally, the Article discusses how the Committee attracts ideologically extreme members of both parties and how this ideological polarization affects the Committee's interactions with the federal judiciary. The Article also provides some comparisons with the House Judiciary Committee on these issues.

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Giménez Gluck, David. "El gobierno del poder judicial y la separación de poderes en la nueva constitución británica = Government of the judiciary and separation of powers in the new U.K. Constitution." Teoría y Realidad Constitucional, no. 34 (July 1, 2014): 447. http://dx.doi.org/10.5944/trc.34.2014.14071.

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Este artículo analiza la reforma constitucional promovida en Gran Bretaña en 2005, que cambia la relación del Poder Judicial con el resto de los poderes, a través de la actualización de instituciones históricas como el Lord Chancellor y la Comisión de Apelación de la Cámara de los Lores, que pasa a ser el Tribunal Supremo de Gran Bretaña, y la sustracción al Poder Ejecutivo de algunas funciones de gobierno del Poder Judicial, como los nombramientos judiciales o el régimen disciplinario, que pasa a compartir con agencias independientes.This article analyses the constitutional reform passed in Britain in 2005, which changes the relations between the judiciary and the other powers of the State, updating historic institutions as Lord Chancellor or the Appellate Committee of The House of Lords -that became the U.K. Supreme Court-, and passing functions, as judicial appointments or judicial discipline, from the Executive Power to independent Agencies.

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Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 53, no. 4 (November 1989): 466–72. http://dx.doi.org/10.1177/002201838905300405.

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Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 57, no. 1 (February 1993): 79–83. http://dx.doi.org/10.1177/002201839305700105.

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Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 57, no. 2 (May 1993): 178–80. http://dx.doi.org/10.1177/002201839305700207.

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9

Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 57, no. 3 (August 1993): 279–82. http://dx.doi.org/10.1177/002201839305700305.

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Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 57, no. 4 (November 1993): 376–79. http://dx.doi.org/10.1177/002201839305700406.

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Dissertations / Theses on the topic "Judicial committee"

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Stoute, Graham. "Sanitizing the administration of the dealth penalty in the Commonwealth Caribbean : a critical appraisal of Pratt and Morgan v Attorney General of Jamaica and its progeny." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270573.

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Li, Li, and 李利. "Judicial discretion within adjudicative committee proceedings inChina: a bounded rationality analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B46967412.

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Novak, Talavera Fabián. "«Guide of Principles on Corporative Social Responsibility» made by the Inter-American Judicial Committee (IAJC) of the OAS (Organization of American States)." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116568.

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This paper presents the grounds that supported the Inter-AmericanJudicial Committee of the OAS to make and pass the “Guide of Principles on Corporative Social Responsibility in the Human Rights and Environmentareas in America» in 2013.
El presente artículo expone los fundamentos que sirvieron de sustento al Comité Jurídico Interamericano de la Organización de los Estados Americanos (OEA) para elaborar y aprobar, durante el año 2013, la «Guía de Principios sobre Responsabilidad Social de las Empresas en el Campo de los Derechos Humanos y el Medio Ambiente en las Américas».

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Craig, McKinzie. "Rubber Stamps and Litmus Tests: The President, the Senate, and Judicial Voting Behavior in Abortion Cases in the U.S. Federal District Courts." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc3985/.

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This thesis focuses on how well indicators of judicial ideology and institutional constraints predict whether a judge will vote to increase abortion access. I develop a model that evaluates a judge's decision in an abortion case in light of ideological factors measured at the time of a judge's nomination to the bench and legal and institutional constraints at the time a judge decides a case. I analyze abortion cases from all of the U.S. Federal District Courts from 1973-2004. Unlike previous studies, which demonstrate that the president and the home state senators are the best predictors of judicial ideology, I find that the Senate Judiciary Committee at the time of the judge's nomination is the only statistically significant ideological indicator. Also, contrary to conventional wisdom, Supreme Court precedent (a legal constraint) is also a significant predictor of judicial voting behavior in abortion cases.

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Van, Hülsen Johann-Dietrich. "The liability in delict of judges for wrongs committed in the course of judicial proceedings : an historical analysis of the relative immunity of the South African judiciary." Master's thesis, University of Cape Town, 1998. http://hdl.handle.net/11427/17507.

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Bibliography: p. xix-lvii.
The focus of this thesis is on an aspect of judicial accountability that has not hitherto attracted much attention in South African law: the civil liability of the judiciary for wrongs committed in the course of judicial proceedings. More particularly, the thesis examines to what extent a South African judicial officer may be held liable in delict for infringing the proprietary or personality rights of another - almost invariably a litigant appearing before the judicial officer. The wrongful conduct in question is usually the giving of a judgement without a proper legal foundation (wrong judgement), but it may take a variety of other forms, for example defamation, insult or, less commonly, physical assault. Since judicial liability is not an invention of the modem constitutional state, but has deep and ancient roots, the investigation is inevitably and essentially an historical one. The thesis traces the development of such liability in Roman law, in early medieval law, in the ius commune (i.e., the Italian school of the Glossators and the Commentators), in Roman-Dutch law, in English law, and finally, in the South African usus hodiernus. The assessment of the modem South African law is a critical one. The question is asked whether the narrow scope of judicial liability that is presently recognised is an adequate safeguard against abuse of the judicial office, and whether it is compatible with the new constitutional order in South Africa. The topicality and controversial nature of the subject is evident from the submissions made by the judiciary to the Truth and Reconciliation Commission in October 1997. It is apparent that the judges are suspicious of attempts to make them more accountable for their actions, regarding these as encroachments on their traditional independence. Significantly, it also appears that the threat of civil liability is not one that is taken seriously. The approach adopted in this thesis is that a proper balance needs to be struck between judicial independence and judicial accountability; and that, as history teaches us, civil liability is an essential component of such accountability.

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Khenissi, Mohamed. "Rémunération des dirigeants et gouvernance des entreprises." Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22007/document.

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L’objectif de ce travail a été de cerner les différents acteurs et mécanismes qui pourraient avoir la capacité de fixer la rémunération des dirigeants ainsi que la logique avec laquelle les décisions sont prises. Pour répondre à cette problématique, nous avons retenu une démarche en trois articles dans lesquels nous définissons une question de recherche pour chacun. Tout d’abord, nous nous intéressons au lien entre rémunération et performance dans le contexte français. Ensuite, nous mettons l’accent sur le rôle des mécanismes de gouvernance dans la détermination de la rémunération des dirigeants français. Enfin nous étudions les différents acteurs et mécanismes qui interviennent dans la fixation de la politique de rémunération des dirigeants. Pour chaque article, nous développons un cadre conceptuel sur la base de deux perspectives théoriques complémentaires. Les deux premiers articles se positionnent dans la perspective disciplinaire actionnariale, alors que le troisième article se place dans une perspective élargie de la gouvernance. Les cadres théoriques présentés ont été confrontés à l’épreuve de la réalité. Cette mise à l’épreuve a été réalisée par l’intermédiaire de méthodes quantitatives pour les articles 1 et 2 (méthodes statistiques de régression linéaire), et qualitatives pour l’article 3 (étude du cas Vinci). Nos résultats montrent tout d’abord, que la rémunération des dirigeants des sociétés cotées françaises est positivement liée à la richesse des actionnaires. En outre, et contrairement à l’hypothèse politique de Roe (2001), la rémunération globale des dirigeants français a un effet incitatif plus important que dans les entreprises américaines. Ensuite, aucun des mécanismes étudiés (conseil d’administration, comité des rémunérations et structure de propriété) n’a un impact significatif sur la sensibilité de la rémunération à la performance. Enfin, le processus décisionnel concernant la rémunération du dirigeant peut être fortement influencée par le dirigeant lui-même (en raison des réseaux relationnels ou bien des biais comportementaux) ainsi que d’autres mécanismes de gouvernance partenariale (médias et recours judiciaire)
The objective of this research was to identify the different processes and key actors involved in defining executive's income but also the logic with which decisions are made. To address this issue, a three-step approach was used in which a research question was raised in each one. First of all, the link between performance and income in the French context will be assessed. Then, the role of governance mechanisms on executives ‘salary will be established. Finally, the different actors and mechanisms in determining salary’s policy will be analyzed. For each article, a conceptual framework was developed based on two complementary theoretical perspectives. The first two items are positioned in the disciplinary perspective shareholder, while the third item is placed in wider governance. Theoretical frameworks presented were faced with the test of reality. This Analysis was conducted through quantitative method for items 1 and 2 (linear regression) and qualitative method in the third article (Vinci case study). The first results show that CEO’s incomes from listed French companies are positively related to shareholder wealth. In addition, and contrary to Roe’s hypothesis (2001), the total compensation of French leaders have an incentive base greater than in U.S. companies. Secondly, none of the mechanisms studied (board of directors, compensation committee and ownership structure) has a significant impact on the sensitivity of Salary - performance. Finally, the decision-making process concerning executive’s compensation may be strongly influenced by the leader himself (due to relational networks or behavioral biases) and other stakeholder governance mechanisms (media and judicial remedy)

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Soares, José de Ribamar Barreiros. "Ativismo judicial no Brasil : o Supremo Tribunal Federal como arena de deliberação politica." Universidade do Estado do Rio de Janeiro, 2010. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=4701.

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Questão de grande relevância, nos dias atuais, no âmbito da Ciência Política, diz respeito às decisões políticas tomadas pelo Supremo Tribunal Federal, o que se denomina ativismo judicial. O termo ativismo judicial indica que a Corte está deixando de se restringir à atividade interpretativa, para estabelecer novas condutas, criando direito novo. A tendência tem sido a de levar as questões políticas para serem debatidas no âmbito judicial, de forma que assuntos políticos passam a ser exteriorizados como jurídicos. Em todos esses temas, devemos ter em conta que o balizamento tanto da atividade política como da atuação jurídica é a Constituição. Todavia, o que se tem observado é que Supremo passou a adotar uma nova postura interpretativa, de modo a permitir que, por via hermenêutica, torne-se possível corrigir a lei, modificá-la ou mesmo criar direito novo onde a lei nada especifica, além de permitir a criação de normas de caráter constitucional por decisão judicial. Três casos importantes ilustram bem esse cenário: a verticalização das coligações, a instalação obrigatória de comissões parlamentares de inquérito e a perda de mandato decorrente da troca de partido. Por serem temas de cunho eminentemente político, as decisões judiciais proferidas nessas matérias enquadram-se bem no campo do ativismo judicial, daí por que foram escolhidos como estudos de caso. O objetivo desta tese é identificar as causas dessa nova postura do Supremo Tribunal Federal, tendo em vista que ela rompe com o entendimento adotado na jurisprudência anterior, em que essas mesmas matérias eram consideradas estritamente políticas e, portanto, fora da competência decisória da Corte
A question of great importance nowadays, in the domain of Political Science, is the fact that the Supreme Court is deciding political subjects, what is called judicial activism. This expression means that the Court is not only interpretating but also creating new rules. The tendency has been taking political questions to the Court, which causes political issues to be presented as judicial too. In all these subjects, we must remember that the the direction both for political and judicial activities is Constitution. However, the Supreme Court has adopted a new concept of interpretation, in order to allow the correction and modification of laws, the creation of new rules, including constitutional ones, all these by interpretation processes. Three important questions demonstrate clearly this tendency, which are: verticalisation of political colligations, compulsory installation of inquiry commitees and party loyalty. These questions are strictly political, so that the judicial decisions about them can be included in the domain of judicial activism. In fact, we can observe, in Brazil, an expansion of the Supreme Court in the analysis and deliberation of political questions, activities refused by its members in ancient decisions. Our goal is to identify the causes of this new behavior of the Supreme Court, which modifies the ancient patern concerning the imposibility to judge strictly political questions

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Martinho, Daniel Möller. "Análise econômica da recuperação judicial: um estudo sobre a eficiência do processo de recuperação." Universidade do Vale do Rio dos Sinos, 2018. http://www.repositorio.jesuita.org.br/handle/UNISINOS/7495.

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Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2019-01-22T14:26:14Z No. of bitstreams: 1 Daniel Möller Martinho_.pdf: 1521488 bytes, checksum: a62473e05e6f31666a01c09b11195287 (MD5)
Made available in DSpace on 2019-01-22T14:26:14Z (GMT). No. of bitstreams: 1 Daniel Möller Martinho_.pdf: 1521488 bytes, checksum: a62473e05e6f31666a01c09b11195287 (MD5) Previous issue date: 2018-10-08
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O presente trabalho tem como objeto a análise do processo de recuperação judicial de empresas e avaliação da sua eficiência enquanto instrumento de superação da crise econômico financeira. Para tanto, o estudo, que se utiliza do ferramental da Análise Econômica do Direito, se fundamenta na análise qualitativa e quantitativa de 181 processos de recuperação judicial ajuizados entre 01/09/2013 e 30/06/2016 na 1ª e 2ª Vara de Falências e Recuperação Judicial do Foro Central Cível da Comarca de São Paulo. Ademais, como base empírica, busca-se identificar todos os aspectos mensuráveis dos processos estudados e analisá-los à luz das teorias econômicas aplicáveis à AED, buscando assim medir a eficiência do Processo de recuperação judicial no Brasil e os fatores que contribuem para a sua maior ou menor eficiência. Os resultados apurados indicaram que a assimetria informacional é o fator de maior impacto na eficiência do processo de recuperação judicial.
The present work aims to analyze the process of judicial reorganization of companies and evaluation of its efficiency as an instrument to overcome the economic and financial crisis. To this end, the study, which uses the method of Law and Economics, is based on the qualitative and quantitative analysis of 181 judicial reorgatization proceedings filed between 09/01/2013 and 06/30/2016 in the 1st and 2nd Bankruptcy Court of the Central Civil Forum of the Region of São Paulo. In addition, as an empirical basis, it seeks to identify all the measurable aspects of the processes studied and to analyze them in the light of the economic theories applicable to Law and Economics, in order to measure the efficiency of the judicial reorganization process in Brazil and the factors that contribute to its higher or lower efficiency. The results suggest that informational asymmetry is the factor that has the greatest impact on the efficiency of the process of judicial reorganization.

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Gannon, Katherine M. "The template-driven construal model: an application to decision making of the senate judiciary committee in supreme court justice nomination hearings /." The Ohio State University, 1995. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487867541731252.

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Vilares, Fernanda Regina. "A reserva de jurisdição no processo penal: dos reflexos no inquérito parlamentar." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-23112010-082016/.

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Este estudo tem por escopo explorar o instituto da reserva de jurisdição, analisando suas origens, motivações e conseqüências. Outrossim, visa estabelecer os critérios para se eleger as situações que devem ser submetidas a ela quando não houver previsão expressa no ordenamento jurídico, além de aplicá-lo ao âmbito do Processo Penal, avaliando a necessidade de sua aplicação nos meios de prova e nos meios de obtenção de prova. A reserva de jurisdição consiste no impedimento de outros órgãos exercerem atividades pertencentes ao núcleo essencial da função jurisdicional, sendo corolário do princípio da separação dos poderes, um dos pilares do Estado Democrático de Direito. Embora se admita uma interpenetração entre as funções estatais, existe uma parcela de cada uma delas que só permite a intervenção do órgão mais adequado e aparelhado para desenvolvê-la. No caso da função jurisdicional, isso ocorre quando o conflito de interesses a ser resolvido de forma definitiva envolve um bem constitucionalmente protegido ou um direito fundamental e só pode ser solucionado pelo Poder Judiciário. Não obstante, pretende-se aplicar as conclusões extraídas acerca da reserva de jurisdição a uma situação prática que se costuma se apresentar problemática, a investigação perpetrada por meio das Comissões Parlamentares de Inquérito. O objetivo é dar ao §3º do artigo 58 da Constituição Federal, que confere aos membros das CPIs poderes investigatórios próprios de autoridades judiciais, interpretação mais consoante com a tese desenvolvida, ou seja, defender que apenas os magistrados podem autorizar a efetivação de medidas restritivas de direitos fundamentais necessárias no bojo de um inquérito parlamentar, ainda que não haja expressa previsão no ordenamento jurídico.
This work aims to explore the scope of the institute Judicial Reserve, analyzing its origins, motivations and consequences. It also seeks to establish the criteria to choose the situations that should be subjected to it when there is no express provision in the legal system, and apply it to the scope of Criminal Proceeding, evaluating the need of its implementation in the evidence and in the means of obtaining evidence. Judicial Reserve is the prevention of other agencies carry out activities belonging to the core of the judicial function, which is a corollary of the principle of separation of powers, one of the pillars of the Democratic State. Although it is accepted interpenetration between the state functions, there is a portion of each that only allows the intervention by the most suitable and equipped agency to develop it. In case of the judicial function, this occurs when the conflict of interests to be resolved definitively involves a constitutionally protected good or a fundamental right, and can only be resolved by the Judiciary. Nevertheless, we intend to apply the conclusions drawn about the Judicial Reserve to a practical situation that used to present problems, the investigation conducted by the Parliamentary Committees of Inquiry. The goal is to give the § 3 of article 58 of the Constitution, which gives members of CPI investigative powers similar to the judicial powers, interpretation more consonant with the thesis developed, ie, defending that only judges can authorize the execution of measures restricting fundamental rights on an parliamentary inquiry, although there is no express provision in the law.

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Books on the topic "Judicial committee"

1

New Jersey. Judicial Unification Transition Committee. Judicial Unification Transition Committee: [report]. [New Jersey]: The Committee, 1996.

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Ontario. Judicial Appointments Advisory Committee. Interim report - Judicial Appointments Advisory Committee. Toronto: The Committee, 1990.

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Australian Judicial System Advisory Committee. Australian Judicial System Advisory Committee: Report. [Canberra: Constitutional Commission], 1987.

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South Carolina. General Assembly. Judicial Screening Committee. Judicial Screening Committee: Policies and procedures. Columbia, S.C: The Committee, 1990.

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Li, Li. Judicial Discretion within Adjudicative Committee Proceedings in China. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7.

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Manitoba. Judicial Compensation Committee. Report and recommendations of the Judicial Compensation Committee. [Winnipeg]: Judicial Compensation Committee, 2003.

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Massachusetts. Supreme Judicial Court. Committee on Pro Bono Legal Services. Supreme Judicial Court Committee on Pro Bono Legal Services report to the Supreme Judicial Court. Boston, Mass: Hill & Barlow, 1998.

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Hunter, Elmo B. The Judicial Conference and its Committee on Court Administration. Washington, D.C: Federal Judicial Center, 1986.

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Center, Federal Judicial, ed. The Judicial Conference and its Committee on Court Administration. Washington, D.C: Federal Judicial Center, 1986.

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Rhode Island. General Assembly. House of Representatives. Special Legislative Committee on Judicial Nominations. Report of the Special Legislative Committee on Judicial Nominations. [Providence, R.I: s.n., 1993.

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Book chapters on the topic "Judicial committee"

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Li, Li. "Committee Goal." In Judicial Discretion within Adjudicative Committee Proceedings in China, 47–63. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7_3.

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Li, Li. "Committee Composition." In Judicial Discretion within Adjudicative Committee Proceedings in China, 91–113. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-54041-7_5.

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Li, Li. "Committee Procedure." In Judicial Discretion within Adjudicative Committee Proceedings in China, 115–44. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7_6.

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Li, Li. "Discretion, Judicial Independence, and Accountability." In Judicial Discretion within Adjudicative Committee Proceedings in China, 145–64. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7_7.

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Barrett, Maxwell. "The Judicial Committee of the Privy Council." In The Law Lords, 158–73. London: Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1057/9780230596993_6.

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Thorson, Carla L. "USSR Constitutional Oversight Committee, 1989–91." In Politics, Judicial Review, and the Russian Constitutional Court, 65–74. London: Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1057/9780230368972_4.

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Zhu, Suli. "The Judicial Committee System in Basic-level Courts." In China Academic Library, 51–96. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-1142-9_3.

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Li, Li. "Introduction." In Judicial Discretion within Adjudicative Committee Proceedings in China, 1–24. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7_1.

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Li, Li. "The Organization of the Court." In Judicial Discretion within Adjudicative Committee Proceedings in China, 25–45. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7_2.

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Li, Li. "Information Processing." In Judicial Discretion within Adjudicative Committee Proceedings in China, 65–89. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-54041-7_4.

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Conference papers on the topic "Judicial committee"

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Karatalov, Omurbek. "Corruption and Shadow Economy in Kyrgyzstan." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00405.

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This paper investigates the theoretical and practical bases of the appearance of corruption and shadow economy in the Kyrgyz Republic in terms of its sovereignty. We have used analytic data of law enforcement bodies, special agencies, the judiciary, the country's Statistics Committee, as well as the mass media information. The study has disclosed the reasons of the formation of corrupt schemes and the shadow economy in the country. Analyzed the major industries of the country where the corruption and the shadow economy have been revealed and the relationship, reasons between corruption and shadow economy have been investigated as well. Indentified that the government bodies related to public, finance, social services, law enforcement, and judicial authorities have worked with criminal structures. In this study the total amount of corruption and shadow economy damage amount for the country has been calculated during the regime of ex-presidents management. Eventually this paper gives practical recommendations in order to eliminate corruption and shadow economy in the country. On the basis of mathematical statistics defined negative effects of corruption and "shadow" economy on the budget of Kyrgyzstan. Finally, practical recommendations aimed at eliminating corruption and shadow economy in the country.

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Slabu, Elisabeta, and Andreea Elena Matic. "CHILD - FRIENDLY JUSTICE - FROM THEORY TO PRACTICE." In 9th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscss.2022/s02.008.

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Minors involved in administrative or judicial proceedings are severely affected by the experience of their going through. This is why it is required a supplementing of the legislation with provisions that can support minors in order to express themselves without coercions and without fear, and their rights to be respected in the interaction with public authorities. This implies the training of all categories of professionals who interact with minors in these legal procedures, in the sense of knowing the basic notions of child psychology, but also notions from the legislation applicable to the field of minor protection. The regulation of these aspects can be achieved by adopting common normative acts at national level, after a detailed analysis of the relevant case law and the rules already applicable in the field of child protection. Law No. 272/2004 on the protection and promotion of the rights of the child details only part of the rights that a minor has in Romania. Its provisions have to be supplemented with those found in domestic and international law and with a series of updated procedures, instructions or methodological norms. At this time, the rights of the child are established in the United Nations Convention on the Rights of the Child, in the Guidelines of the Committee of Ministers of the Council of Europe concerning Justice in the Interest of the Child, in the Charter of Fundamental Rights of the EU, in the EU Strategy on the Rights of the Child, in the Council of Europe Strategy on the Rights of the Child (2016-2021) etc. Notwithstanding, they must be permanently updated and correlated so that at national level the child can plenarily benefit from their existence.

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Navickiene, Zaneta, and Rolandas Kriksciunas. "WITNESS TESTIMONY: GUARANTEE OF A QUALITY JUDICIAL DECISION, ISSUES, AND SOLUTIONS." In 9th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscss.2022/s02.025.

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Many may have considered the witness�s role in the court�s function of administering justice as delegated by many national constitutions. Why is a witness important to the court and the participants in the proceedings? Must the witness be summoned to appear in court? What rights and obligations does a witness have? The public has these and many other questions when discussing this actor. When a person�s rights or legally protected interests are violated, he or she has the right to seek redress via courts. This is possible only if the legally relevant facts of the case are established correctly. The parties have to substantiate them with evidence, which determine the outcome of the case. Failure to meet the burden of proof, or failure to meet it properly, may lead to adverse consequences for the person providing evidence; the court may declare that the relevant facts to be proved have not been proven. A committed criminal offence leaves certain traces in the physical environment (objects, documents), and those who observed or were otherwise involved in the offence may remember certain details and talk about them. During criminal proceedings, people able to testify about the offence are questioned while material objects are subject to examination. In a criminal case, the court�s decision (judgement) is based on the data obtained during interviews, examinations, and investigations, known as evidence. Evidence allows for a conclusion that a particular offence has been committed by a particular person or persons. This article examines additional criteria for evaluating the reliability of testimonies given by certain groups of witnesses, which are not laid down in the Lithuanian Code of Criminal Procedure but formulated by case law. Case law identifies the following groups of witnesses whose reliability calls for a more careful (rigorous) evaluation: Witnesses whose credibility calls for a more careful (rigorous) evaluation due to their personal characteristics; witnesses whose credibility calls for a more careful (rigorous) evaluation due to their procedural status. The evaluation of testimonies by these witnesses involves additional procedures (e.g., the use of technical means, acoustic and/or visual barriers, etc.), which provide for a more reliable testimony. It is equally important to ensure that the defence is given adequate opportunities to exercise its procedural functions, and to ensure that basing the judgement on the testimonies provided by witnesses subject to a more rigorous evaluation of the reliability is, to a decisive extent, a measure of last resort rather than the rule.

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Bendegúz, Borisz. "Questions of Judicial Interpretation of Certain Felonies in the Trial of the People’s Commissioners of the Soviet Republic of Hungary." In Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-12.

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Following the fall of the Soviet Republic of Hungary, the criminal prosecution of the political leaders of the former Bolshevik state confronted the courts of the country with a number of problematic questions on the interpretation of both constitutional and criminal law. From a constitutional perspective, establishing the applicable law under which the actions of the defendants would be evaluated was not obvious as the validity of both the Soviet Republic and that of the previous so-called People’s Republic of Hungary were dubious. From a criminal perspective – as at the time being criminal codes lacked specific crimes for the prosecution of political leaders of past dictatorships. Therefore, prosecutors and adjudicating courts tried to evaluate political actions committed using state power as if these would have been committed by private individuals which raised a number of interesting legal problems of interpretation.

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Özkan, Gürsel. "Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02371.

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In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.

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Nikoloska, Svetlana, and Marija Gjosheva. "COMPUTER FORENSIC IN FUNCTION OF CRIMINAL INVESTIGATION." In SECURITY HORIZONS. Faculty of Security- Skopje, 2020. http://dx.doi.org/10.20544/icp.11.01.20.p25.

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Computer forensics is increasingly finding its place in the criminal investigation of criminal offenses in order to shed light on and provide the evidence necessary to initiate criminal proceedings against the perpetrators of crimes that have misused computer technology in criminal activities. Criminal investigation is a procedure of using tactics, techniques and methods aimed at detecting, clarifying and providing evidence through legally prescribed operational-tactical measures and actions, investigative actions and special investigative measures. The Macedonian legislator in the criminal procedural legislation envisages measures and actions for providing electronic evidence which is relevant in computer crimes, but also in specific criminal situations electronic evidence has its meaning in the process of clarification of other classic and economic crimes. This paper analyzes the steps and procedures for extracting, processing and presenting electronic evidence that represent data contained in computer devices, data transmitted through computer systems and networks in order to adapt them to a form acceptable to judicial authorities based on the analysis of all evidence bases the verdicts on the perpetrators who are charged with a specific computer or other crime. An analysis of the actions of the competent investigative and judicial bodies in the process from detection to verdict is made by analyzing reported, accused and convicted perpetrators of the most committed computer crimes, but an analysis will be made for the need of electronic evidence in other crimes through analysis of case. Keywords: Computer forensics, Forensic research, Computer devices, Electronic evidence, Perpetrators of crime.

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Ferdiles, Lucky, and Azis Budianto. "A Judicial Review of the Application Restorative Justice Principle in Efforts to Resolve Criminal Acts Who Committed by Childs Law." In Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-10-2021.2315785.

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Sarhan Abud Al-Azawi, Faisal, and Sali Ibrahim Ahmad. "The Contemporary Government Accounting System And Its Role In Achieving The Requirements Of The External Environment Of The Tax System In Iraq, A Study Of Concepts And Application Mechanism." In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/icearnc/26.

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The issue of accountability is one of the most important foundations of a healthy society that seeks to build a generation that is committed to its national and moral responsibilities. And that any defect in the accounting system in a society will negatively affect the credibility of the law and the individual's loyalty to his society because it will properly regulate the relationship between the law and its actual application, Accountability has a role in all areas of life, including tax, where the importance of accounting converges with the importance of taxes since ancient times, because tax is a legitimate right of the state, society and citizen. This importance of accounting lies in the integrity of the procedures followed in collecting funds correctly by the employees working to collect them in accordance with the established tax laws and regulations, and accordingly, cadres must be armed with knowledge and full knowledge of the laws, regulations and accounting methods. Hence the importance of research by providing accounting programs for employees working in this field to help them and raise their efficiency. The first topic of the study showed the concept of government accounting, its most important functions and characteristics, while the second topic included the external tax system environment, which was represented by tax legislation in Iraq, taxpayers, the level of tax awareness, informants, supporting administrations, the tax judiciary, the accounting profession, technological progress, General budget statements, the media, and the constitution. The third topic showed the practical aspect through hypothesis testing. The fourth topic came with the most important conclusions, which is that the taxpayer has the right to choose the appropriate measurement method provided that it is not changed from year to year except with the approval of the tax administration, meaning that the accepted measurement procedures are tax-acceptable unless such a procedure is prohibited or specified a method in its own right. Measurement methods. We also recommend that in order to calculate the tax profit, amendments must be made to its financial legislation and instructions

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Sarhan Abud Al-Azawi, Faisal, and Sali Ibrahim Ahmad. "The Contemporary Government Accounting System And Its Role In Achieving The Requirements Of The External Environment Of The Tax System In Iraq, A Study Of Concepts And Application Mechanism." In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/uhdicearnc/26.

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The issue of accountability is one of the most important foundations of a healthy society that seeks to build a generation that is committed to its national and moral responsibilities. And that any defect in the accounting system in a society will negatively affect the credibility of the law and the individual's loyalty to his society because it will properly regulate the relationship between the law and its actual application, Accountability has a role in all areas of life, including tax, where the importance of accounting converges with the importance of taxes since ancient times, because tax is a legitimate right of the state, society and citizen. This importance of accounting lies in the integrity of the procedures followed in collecting funds correctly by the employees working to collect them in accordance with the established tax laws and regulations, and accordingly, cadres must be armed with knowledge and full knowledge of the laws, regulations and accounting methods. Hence the importance of research by providing accounting programs for employees working in this field to help them and raise their efficiency. The first topic of the study showed the concept of government accounting, its most important functions and characteristics, while the second topic included the external tax system environment, which was represented by tax legislation in Iraq, taxpayers, the level of tax awareness, informants, supporting administrations, the tax judiciary, the accounting profession, technological progress, General budget statements, the media, and the constitution. The third topic showed the practical aspect through hypothesis testing. The fourth topic came with the most important conclusions, which is that the taxpayer has the right to choose the appropriate measurement method provided that it is not changed from year to year except with the approval of the tax administration, meaning that the accepted measurement procedures are tax-acceptable unless such a procedure is prohibited or specified a method in its own right. Measurement methods. We also recommend that in order to calculate the tax profit, amendments must be made to its financial legislation and instructions

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Creemers, Joris, Gilles Hermans, Virginie Schrayen, Frederik Van Wonterghem, An Wertelaers, and Manfred Schrauben. "Belgian Regulatory Framework for Decontamination and Decommissioning: Lessons Learned and New Initiatives." In ASME 2013 15th International Conference on Environmental Remediation and Radioactive Waste Management. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icem2013-96305.

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Belgium can rely on significant experience in the field of decontamination and decommissioning of nuclear facilities. Several projects are ongoing and include research reactors (BR3, Thetis), uranium and MOX fuel fabrication plants (FBFC International, Belgonucleaire), fuel reprocessing facilities (Eurochemic) and radwaste processing facilities (Belgoprocess). Additional projects are expected in the coming years with the planned final shutdown of the oldest nuclear power reactor units. Two national authorities are involved in the decontamination and decommissioning process of nuclear facilities. The FANC (together with its subsidiary Bel V) is concerned for all matters related to nuclear safety and radiation protection, while NIRAS/ONDRAF is concerned for all matters related to radioactive waste and fuel management and financial provisions. These attributions ensure that all safety and material concerns are addressed and that both the licensees and the national authorities bear their own responsibilities. They rely on an existing regulatory framework covering both the procedural and the technical aspects of the decontamination and decommissioning activities. However, opportunities for regulatory improvement were raised after some recent events in Belgium, among which the bankruptcy of a nuclear company producing radioisotopes, involving numerous additional interested parties in a complex judiciary context. Amendments in the current regulations are considered to increase the prerogatives of the authorities regarding the management of radioactive waste by a licensee, the transfer of an operating license from an operator to another, and the general decommissioning strategy of a facility. Furthermore, a dedicated “waste and decommissioning” working group within WENRA defined new reference levels applying to the decontamination and decommissioning of nuclear facilities. Belgium committed to include these requirements explicitly in its national legislation, even though most of them were already included in the existing decommissioning authorizations. Amendments will cover the safety provisions inherent to the decontamination and decommissioning phase, such as the decommissioning strategy, the qualification of techniques, the experience feedback valorization, the periodic safety reviews, the radioactive waste management, or the final characterization of the sites. Additionally, requirements regarding the authorization process will be detailed, such as the content of the licensee’s application file or the structure of the safety report covering the decontamination and decommissioning phase. These changes will contribute to a more secure regulatory framework for all interested parties.

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