Academic literature on the topic 'Justice, Administration of Political aspects Rwanda'
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Journal articles on the topic "Justice, Administration of Political aspects Rwanda"
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SADAT, LEILA. "Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity." Leiden Journal of International Law 22, no. 3 (September 2009): 543–62. http://dx.doi.org/10.1017/s0922156509990082.
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AbstractThe Rwandan genocide remains one of the most horrific atrocities of the twentieth century, resulting in the death of an estimated 500–800,000 human beings, massacred over a 100-day period. In the fourteen years since the genocide, attempts at justice and reconciliation in Rwanda have involved a delicate interplay between national legal systems and the international legal order. This article examines three fora in which Rwandans have been tried for involvement in the genocide: the International Criminal Tribunal for Rwanda, Rwandan courts including Gacaca tribunals, and French attempts to exercise universal jurisdiction. Using Rwanda as a case study, the article illustrates the issues, concerns, and difficulties that arise when multiple jurisdictions assert a right to exercise criminal jurisdiction over the perpetrators of serious atrocity crimes. Beginning with a discussion of the political context, this article considers what the competing narratives and litigation in various fora have meant for the project of international and transnational criminal justice. Cases involving the commission of atrocities pose unique challenges for the international legal order. As the normative structure of international criminal law has arguably been strengthened, political constraints increasingly come to the fore. As illustrated by Rwanda, universal jurisdiction or other bases of jurisdiction may remain necessary vehicles for justice and reconciliation, or, at the very least, they may serve as a catalyst for change in Rwanda itself.
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Rodríguez Ramos, Luis. "¿Progresión o regresión constitucional de la justicia penal española? Irrupción del populismo judicial y del derecho penal de autor." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 193. http://dx.doi.org/10.5944/trc.43.2019.24404.
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Este artículo analiza, en primer lugar, los aspectos de la legislación y de la praxis de la organización y funcionamiento de la Administración de Justicia en general y, de modo especial, en lo atinente al orden jurisdiccional penal, derivados de la configuración dada por la Constitución de 1978; y, a continuación, destaca las realidades sobrevenidas con posterioridad a dicha fecha, igualmente contrarias a los principios o preceptos constitucionales. Desde lo anterior, el autor propone en ambos ámbitos (general y penal) soluciones “de lege data et ferenda” de avance hacia la “Segunda revolución de la Justicia española”, tan pendiente como urgente, pues al haber acaecido la primera por obra y gracia de la Revolución “Gloriosa” de 1868, la España actual, muy distinta de la de hace más de siglo y medio, precisa de una Administración de Justicia acorde con los tiempos.The article analyzes the configuration given by the Spanish Constitution (1978) to the justice administration and the specialties of the criminal jurisdiction, pointing the unsatisfactory aspects of the constitutional model. Following, the author highlights the real evolution of both the general and the criminal justice administration activity since the Constitution was enacted, reality which has become unrespectful with the Constitution´s principles and regulations. Finally, the document propose for both general and criminal justice administration “de lege data et ferenda” solutions to drive the Spanish judicial administration to an adaptation to current time needs, evolving from the results of the first revolution of justice administration (Gloriosa in 1868) to a second and highly needed revolution.
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Shikhovtsova, Albina Olegovna. "Some aspects of the evolution of legal regulation of citizens’ right to participate in the administration of justice in the Russian Federation." Юридические исследования, no. 3 (March 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.3.35064.
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This article examines the evolutionary transformation of the consolidation of citizens’ right to participate in the administration of justice. The author carries out a detailed analysis of the origins of the citizens’ right to participate in the administration of justice, and formulates the main outcome of the development of legislative consolidation of this right through reference to the analysis of legal acts of various historical stages and a comparative legal research of the experience in regulation of this question. Emphasis is placed on evolution of the forms of citizens' participation in the administration of justice, concept of the citizen's eligibility in this sphere, correlation with other political rights and freedoms of the citizens. The conclusion is drawn that legislative consolidation of this right indicates direct interrelation with the social standards of a certain historical stage. The key aspects of the historical-legal evolution of the institution of citizens’ participation in operation of the courts include: - Recognition of the fact of public participation in the implementation of justice; - Recognition of the institution of citizens’ participation in operation of the courts as a component of the society; - Arrangement of the institution of citizens’ participation in operation of the courts from the institution of society to the full-scale component as part of public authority; - Complication of configuration of the circle of subjects of legal proceedings from involvement of individuals as jury to establishment of the right of these subjects to direct participation in the administration of justice. The author presents an original approach towards determination of the forms of evolution of legal regulation of citizens’ to participate in the judicial system.
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Bufacchi, Vittorio, and Shari Garmise. "Social Justice in Europe: An Evaluation of European Regional Policy." Government and Opposition 30, no. 2 (April 1, 1995): 179–97. http://dx.doi.org/10.1111/j.1477-7053.1995.tb00122.x.
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WHEN RAWLS FORMULATED HIS VIEWS ON SOCIAL JUSTICE IN the 1950s and 1960s, leading to the publication of A Theory of Justice in 1971, he based his theory on a simple but unconditional assumption, namely, that justice is the first virtue of social institutions. This assumption Rawls considers to be beyond doubt, so much so that in the very first page of his treatise he claims that ‘laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust’.Largely as a result of Rawls's A Theory of Justice, over the last 25 years questions of social justice have dominated most debates on political theory. And while vast quantities of ink were expended over philosophical discussions on significant but detailed aspects of Rawls's theory, principally on the plausibility of his meta h sical assumptions on individuals and human psychology, it is unfortunate that not enough attention has been paid to Rawls's initial recommendation of adopting normative criteria as a tool for evaluating political institutions.
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Paarlberg, Laurie E., Marlene Walk, and Cullen C. Merritt. "Six Blind Men and One Elephant: Proposing an Integrative Framework to Advance Research and Practice in Justice Philanthropy." Journal of Public and Nonprofit Affairs 8, no. 3 (November 10, 2022): 349–74. http://dx.doi.org/10.20899/jpna.8.3.349-374.
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There are growing calls that philanthropic foundations across the globe can and should advance diversity, equity, inclusion, and justice. Initial evidence indicates that foundations have indeed responded as evidenced by pledges to change practice, increased funding for racial justice, and the emergence of new networks to support equity and justice. However, there is also great skepticism about whether the field of foundations are, in fact, able to make lasting changes given numerous critiques of philanthropy and its structural limitations. In this article, we summarize these critiques that suggest factors that make institutional philanthropy resistant to calls for equity and justice. We posit that a core obstacle is a lack of conceptual coherence within and across academic and practitioner literature about the meanings of terms and their implications for practice. Therefore, we propose a transdisciplinary conceptual framework of justice philanthropy that integrates the fragmented literature on justice-related aspects of philanthropy emerging from different disciplinary traditions such as ethics, political theory and political science, social movement theory, geography, public administration, and community development.
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Тимчук, А. Л., and Н. В. Полторацька. "Theoretical aspects of the civil society phenomenon." Public administration aspects 7, no. 12 (January 20, 2020): 104–12. http://dx.doi.org/10.15421/151970.
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The article analyzes idealistic views on the phenomenon of "civil society". The authors emphasize that civil society is a society of justice and civil consensus, where each citizen is guaranteed civil, political and socio-economic rights and explores the basic features (features) of civil society. First, it is a society of justice. The next major feature is civic consent, that is, the establishment of a new social order through dialogue and spiritual and political consensus.According to the authors, human rights are guaranteed in every democratically organized society, and the state claiming to be legal has no right, but is obliged in its legislation to foresee and actually guarantee by legal and other means those rights which are due to the state recognitions acquire the character of subjective legal rights. As a result of the adoption of international standards by states, the very concept of a person and in domestic law becomes legal and designates citizens of that state, as well as foreigners and stateless persons who reside in its territory. And human rights are those rights that belong to every person regardless of their nationality.The authors conclude that no sharp and insurmountable boundary can be drawn between human rights and citizens' rights. Human rights are a social category. They are formed objectively as a result of the development and improvement of social production and the system of public administration of society in the form of social opportunities to enjoy various economic, political and spiritual benefits, and exist before their state recognition. And citizens' rights are those human rights that are under the protection and protection of the state.
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Vázquez, Carlos Manuel. "Breard and the Federal Power to Require Compliance With ICJ Orders of Provisional Measures." American Journal of International Law 92, no. 4 (October 1998): 683–91. http://dx.doi.org/10.2307/2998131.
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Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme Court:
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Caianiello, Michele. "Disclosure before the ICC: The Emergence of a New Form of Policies Implementation System in International Criminal Justice?" International Criminal Law Review 10, no. 1 (2010): 23–42. http://dx.doi.org/10.1163/157181209x12584562670776.
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AbstractThe use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to criticism. For this purpose, in his analysis the Author employs the widely known Damaška partition between coordinate vs. hierarchical officialdom, in the administration of the process. The conclusion reached in this work is that some amendments to the sources of the ICC concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author proposes the adoption of an official Prosecutor's file in the pre-trial phase.
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Farrelly, Colin. "How should we theorize about justice in the genomic era?" Politics and the Life Sciences 40, no. 1 (2021): 106–25. http://dx.doi.org/10.1017/pls.2021.3.
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AbstractThe sequencing of the human genome and advances in gene therapy and genomic editing, coupled with embryo selection techniques and a potential gerontological intervention, are some examples of the rapid technological advances of the “genetic revolution.” This article addresses the methodological issue of how we should theorize about justice in the genomic era. Invoking the methodology of non-ideal theory, I argue that theorizing about justice in the genomic era entails theorizing about (1) the new inequalities that the genetic revolution could exacerbate (e.g., genetic discrimination, disability-related injustices, and gender inequality), and (2) those inequalities that the genetic revolution could help us mitigate (e.g., the risks of disease in early and late life). By doing so, normative theorists can ensure that we develop an account of justice that takes seriously not only individual rights, equality of opportunity, the cultural and sociopolitical aspects of disability, and equality between the sexes, but also the potential health benefits (to both individuals and populations) of attending to the evolutionary causes of morbidity and disability.
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Abreu Colombri, José Antonio. "La figura de Robert F. Kennedy en el marco sociopolítico estadounidense. Bobby Kennedy for President." Latente Revista de Historia y Estética audiovisual 20 (2022): 103–11. http://dx.doi.org/10.25145/j.latente.2022.20.04.
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By the end of the 1950s, the Kennedys were one of the most influential families on the American political scene. The Democratic Party, in an expansive electoral phase in the 1960s, became a promoter of legislative reform in favor of minorities, which would broaden its electoral base. At the same time, said reform caused a major split between the Democrat factions more conservative. The programmatic rearrangement of the Democrats occurred in parallel to the personal evolution of Robert F. Kennedy. The joyful and gesticulating character of the chief justice of the Supreme Court, during the Kennedy-Johnson administration (1961-1965), gave way to a sad and reflective senator from the state of New York, during the first three years of the Johnson administration (1965-1968). Dawn Porter’s documentary (2018) is a magnificent example of quality historical divulgation, in a commemorative time frame, in which certain aspects of the American political landscape are rigorously exposed.
Dissertations / Theses on the topic "Justice, Administration of Political aspects Rwanda"
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Nina, Daniel. "Popular justice in a "new South Africa": from people's courts to community courts in Alexandra." Centre for Applied Legal Studies, University of the Witwatersrand, 1992. http://hdl.handle.net/10962/72807.
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Imagine a "new South Africa" in which, to borrow an idea from a former bureaucrat of the US State Department, history has come to an end.3 A new society in which class, race and gender are no longer necessary categories to define the social phenomenon. South Africa will be, then, the "terrestrial paradise". However, I am afraid to remind the reader that in this particular African country, history has not come to an end. This country experiences the most open and rude expression of struggle (class, race and gender), and it is difficult to foresee that in this period of transition, history or the struggle, will come to an end. Popular justice vis ei vis state justice is, perhaps, one of the best examples in which the struggle between the oppressed and the oppressors is manifested. But the popular justice that I am thinking of, is that particular experience of "people’s legality" that has emerged in South Africa since the popular revolts of the mid-1980s. It could have its origins in African (customary) traditions (Bapela, 1987), but the cultural experience that emerged during the last decade went beyond its traditionalist roots (Suttner, 1986). Thus, the distinctive element of popular justice is that it has been ingrained in a democratic movement for empowering the people. What people?4 Whose justice? In the specific context of South Africa, by people I understand the working class and working classes, unemployed and marginal sectors, and different social sectors that are struggling for equality (ie the youth, women, gays and lesbians, and others). By justice, I mean the development of a new legality that will take into consideration the many gains that have been achieved within the Western legal system of "rights and obligations" (Pashukanis, 1978:100), and that goes beyond that model in the construction of a democratic society with wider social participation. So far, it has been in South Africa’s black townships that an incipient expression of popular justice has emerged.6 The 1980s people’s courts represented a synthesis of a popular project defining its own structures of legality. State repression over these popular structures did not represent the end of the project. In contrast to other points of view that have viewed this experience as a prefigurative enterprise that did not accomplish its aims (see in general Allison, 1990), I argue that the experience of popular justice of the 1980s laid the foundation for a (long term) project leading towards a radical conception of democracy (Laclau, 1990:chapter 6).Occasional papers (University of the Witwatersrand. Centre for Applied Legal Studies) ; v. 15
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Halstead, John. "Government for the people : the primacy of substance in the justification of democracy." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:32341b15-3985-421e-9365-f90143466cce.
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Many political philosophers believe that sometimes we ought to tolerate substantive injustice for the sake of the intrinsic importance of democracy. In this thesis, I argue that they are mistaken. The substantive justice of outcomes has primacy over the putative intrinsic procedural justice of democracy. This is a very strong form of instrumentalism: if we face a choice between a minor substantive injustice and massive political inequality, then we ought to accept the political inequality. The thesis is divided into three parts. In the first part, I lay out the conceptual landscape for the discussion. I argue that assertions about justice are reducible to assertions about rights and that assertions about rights can be appropriately dealt with by the Hohfeldian analytic framework. Instrumentalists would gain from using this framework. The Primacy of Substance (POS) is true if people lack non-derivative individual or group democratic claim rights to do injustice. I defend my thesis by appealing to intuitions about injustices committed by gangs. I argue that gangs do not have rights to do injustice and this does not change merely because they choose to do the injustice democratically. Many philosophers accept this for severe injustices, but deny it for mild injustices. I argue that those positions are in error. People do not have democratic rights to do even mild substantive injustice. In the second part, I argue that popular intrinsic proceduralist arguments from equal respect and autonomy pose no threat to the POS. An appeal to equal respect in political philosophy, on one sense of respect, is equivalent to an appeal to the requirements of political morality. Interpreted in this way, in the absence of further argument, the appeal to equal respect begs the question against the POS. The POS is a theory about the requirements of political morality and so about the requirements of equal respect. Other arguments from equal respect rely on the appeal to contingent social beliefs which may be associated with political power. If this argument were sound, then there could be rights to do severe injustices such as rape and murder. Since people cannot have rights to do these things, contingent social beliefs cannot ground rights in the way suggested and so cannot ground democratic rights. Arguments from autonomy also do not threaten the POS. People's rights to act autonomously stop at the rights of others. This is true from the point of view of a variety of different theories of autonomy. Finally, one cannot, contra prominent arguments defend intrinsic proceduralism on the basis of what I call Truth Restricting Intrinsic Proceduralism (TRIP), which holds that people have democratic rights to decide on reasonably contentious matters of substantive justice. When we are responding to the fact that someone reasonably believes that a law ought to be enacted, we ought to pay attention to the content of that belief. Intrinsic proceduralism asks us to pay attention to the fact that they reasonably believe it. This is a mistake. Even if we accept that people have a right to impose their reasonable view, many voters in the real world are not reasonable, many people reasonably deny the reasonableness of others, and many people reasonably deny the proposition that people have a right to impose their reasonable view. Thus, even if we accept the premise, it does not imply that we ought to use democracy in the real world or in a large number of close possible worlds. Moreover, all of the most prominent arguments for TRIP have failed. Finally, proponents of TRIP have failed to recognise that it entails the democratic right to do severe substantive injustice. Since we ought to reject all theories which have this implication, we ought to reject TRIP. There is no remaining way to refute the POS.
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Mhlaba, Mabalana Wilson. "Judging and politics." Thesis, University of Limpopo, 2007. http://hdl.handle.net/10386/2052.
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Doyle, Charles James. "The judicial reaction in south-eastern France, 1794-1800." Thesis, University of Oxford, 1987. http://ora.ox.ac.uk/objects/uuid:59cc347e-6a12-4540-8d81-65018e2170da.
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The thesis investigates and analyses the hitherto neglected phenomenon of political reaction within the judiciary of south-eastern France during the period between the Thermidorian Reaction and the advent of the Consulate. The character, objectives and effects of the 'reaction judiciaire1 are studied through a series of different perspectives. The first task is to highlight the discrepancy between the concepts of the social and political effects of a revamped judicial system formulated during the Year III and the corrupt abuse of judicial power by reactionary provincial judges. Indeed, the study constantly seeks to explore the conceptual as well as the practical damage inflicted on the Directorial regime by the supposed trustees of the post-Terrorist republican settlement. Emphasis is placed upon the collaboration between the southern judges and the counter-revolutionary elements within the local community, especially in the discussion of the origins of the judicial reaction. The changes of technique and of objective which the judiciary experienced are explored in full. It is described from its beginnings as a weapon of retribution for the aggrieved local community against the former agents of the Terror to its role in the subversion of regional jacobinism to its support for the period of unchecked counter-revolution during the Year V and finally to its function as a 'rearguard' defender of arrested counter- revolutionaries during the period of the Second Directory. In addition, due consideration is given to the motivation of individual judges who operated the reaction. It is hoped that the thesis has provided a model for the study of the causes, techniques and aims of political reaction from within an independent state power. Furthermore, it is hoped that the work is seminal in its suggestion that judicial reaction and its many ramifications had both a direct and indirect bearing upon the fall of the Directory.
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St, John-Smith Christopher. "The judiciary and the political use and abuse of the law by the Caroline regime, 1625-1640." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cf332e84-3b73-4e0b-86e8-b3ea55e41ced.
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In December 1640 the Long Parliament brought accusations against Lord Keeper Finch and six judges of the three main Westminster courts. These asserted the illegality of decisions and opinions given by these judges. This thesis examines those accusations and argues that the government of Charles I engaged in a defensible process of political management of the law and the judges to legitimate its policies particularly after the suspension of parliament in 1629. This policy emerged as a response to the government's difficulties in enforcing the payment of the Forced Loan caused by its dubious legality. The policy took advantage of important features of the contemporary relationship between the law and the government and it had five features. The most senior and able lawyers were recruited as government law officers and counsel. They amassed and used a substantial and well researched body of legal authority to support royal rights. The chief justices were appointed from amongst the government lawyers and were used as political managers of their courts. New incentives were offered as rewards for the most senior judges. Judicial views on aspects of government policy were sought in advance and the Privy Council was used to by-pass the judges if necessary. These features are examined in relation to government revenue policies including distraint of knighthood fines and the forest laws, and religious policies in relation to the application of the writ of prohibition to the economic condition of the Church and High Commission. The application of this analysis to the Ship Money Case is considered. It is concluded that the judges were manipulated rather than coerced and often successfully avoided the pressure by technical stratagems. Most importantly the government showed that it generally had the law on its side. That had serious political implications but went a long way towards exonerating the judges.
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Nerland, Krista. "Trying the Court : an assessment of the challenges facing the ICC in Uganda and Darfur." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112509.
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The ICC, which came into force in 2002, was held up by human rights activists as a force that would transform a culture of impunity into a culture of accountability. However, after five years of activity, the evidence suggests that the Court's effect has been mixed. Its ability to achieve retributive justice, broader reconciliation and restorative justice, as well as to deter future offences and promote peace has been variable, at best. Despite the Court's claim that politics are not its job, political missteps and support are adversely affecting the work of a judicious Court. Using the cases of Uganda and Darfur, this paper argues that the most significant factors impacting the Court's ability to achieve the four aims outlined are its lack of enforcement capacity, lack of international political will, the result of geo-political interests and concerns over the norm of state sovereignty, and lack of attention to political context by the Court itself.
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Tshilumba, Kalombo Muadiamvita Gilbert. "Les idéologies politiques africaines: mythe du pouvoir ou instance du développement ?réflexion épistémologique sur le nationalisme congolais à la lumière de la théorie rawlsienne de la justice." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210475.
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Les idéologies politiques africaines :mythe du pouvoir ou instance du développement ?Réflexion épistémologique sur le nationalisme congolais à la lumière de la théorie rawlsienne de la justice.
Panafricanisme, négritude, consciencisme, socialisme et nationalisme ont eu en gros sur le sol africain, une double mission :-délivrer les pays du joug colonial
sortir ces pays du sous-développement par un travail d’une
-\
Doctorat en Philosophie
info:eu-repo/semantics/nonPublished
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Smith, Thomas. "Hearing with American Law: On Music as Evidence and Offense in the Age of Mass Incarceration." Thesis, 2021. https://doi.org/10.7916/d8-dchp-ee02.
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This dissertation considers how music has been heard with American law during an age of mass incarceration. Drawing upon records in legal archives for thousands of cases from the late 1980s to the present, it describes how legal hearings of music have contributed towards the reproduction of racial injustice. The dissertation takes two distinct modes of hearing as objects for analysis: (1) the hearing of music as evidence; and (2) the hearing of music as an offense. The dissertation describes how, since the late 1980s, the American criminal justice system has routinely and selectively heard rap music as evidence within its investigations and prosecutions. It shows how rap has served variously as a clue or lead during investigations, an aggravator of charges filed and sentences pursued during plea bargaining, a support for arguments against bail, a form of proof for elements of a crime or elements of a sentence enhancement allegation, a support for an affirmative defense, a witness impeacher, a form of proof for an aggravating factor in sentencing, and a support for arguments against parole. The dissertation questions whether quick-fix, colorblind policy proposals are likely to halt this selective hearing of rap, suggesting the need for frank discussions to take place about the political contours of problematization.
The dissertation then describes how, over the same time period, through both the criminal justice system and the procedures of administrative law, music has been heard routinely as a subfelony offense. It shows how offenses have been heard in music to facilitate narcotics investigations, raise revenue for cash-strapped municipalities, patrol the borders of the nation, and drive residents from neighborhoods. It demonstrates how the academic study of music can become attentive to harms and injustices made possible through hearing that are not reducible to the restriction of musical freedom, including but not limited to harassment, profiling, the imposition of crushing debts, vehicle impoundment, eviction, and deportation, by engaging in fine-grained study of the social life of music’s regulative rules.
Books on the topic "Justice, Administration of Political aspects Rwanda"
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Marrus, Michael Robert. Modern political trials. 2nd ed. [Toronto]: Faculty of Law, University of Toronto, 2007.
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Marrus, Michael Robert. Modern political trials. 2nd ed. [Toronto]: Faculty of Law, University of Toronto, 2008.
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Moral aspects of legal theory: Essays on law, justice, and political responsibility. Cambridge: Cambridge University Press, 1993.
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Estoup, Pierre. La justice française: Acteurs, fonctionnement et médias. Paris: Litec, 1989.
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Abas, Mohamed Salleh bin. The role of the independent judiciary. Kuala Lumpur: Promarketing Publications, 1989.
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Möhring-Hesse, Matthias. Streit um die Gerechtigkeit: Themen und Kontroversen im gegenwärtigen Gerechtigkeitsdiskurs. Schwalbach/Ts: Wochenschau, 2005.
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Korotkikh, Mikhail Grigorʹevich. Sudebnai͡a︡ reforma 1864 goda v Rossii: Sushchnostʹ i sot͡s︡ialʹno-pravovoĭ mekhanizm formirovanii͡a︡. Voronezh: Izd-vo Voronezhskogo universiteta, 1994.
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Dujardin, Hubert. Juge rouge, magistrat tout simplement. Nice: France Europe editions livres, 2007.
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Porto, Brian L. May it please the court: Judicial processes and politics in America. 2nd ed. Boca Raton: Taylor & Francis, 2008.
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May it please the court: Judicial processes and politics in America. New York: Longman, 2001.
Find full textBook chapters on the topic "Justice, Administration of Political aspects Rwanda"
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Badó, Attila. "The Constitutional Challenges of the Judiciary in the Post-Socialist Legal Systems of Central and Eastern Europe." In Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 339–59. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_18.
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Despite theoretical experimentation, although one cannot speak of a separate post-socialist legal family,1 it is without a doubt that CEE, post-socialist countries – and more precisely, the countries aspiring for EU membership – have had to cope with similar problems since the 1990s. Among the difficulties concerning the transition from dictatorship to democracy,2 a political – or rather, professional – discourse that mostly occurs in constitutional courts and is aimed at the true nature and the method of ensuring judicial independence has been and is now given more emphasis in Western countries as well. Independence from party politics or governmental authority plays an increasingly important role in CEE countries since the collusion of the single-party state and courts frequently had tragic consequences during the Stalinist period3 (the later and milder phase of the dictatorship in some countries was not always associated with an unfailing prevalence of judicial independence either, although direct political pressure could not be detected in a considerable part of legal disputes.4 ) In light of this saddening historical period, it is understandable that the chances of party political aspects that appear are more resounding than usual in post-socialist societies. Such fears are predominant in a narrow social stratum since the system of CEE political traditions, a weakened democratic legacy and frail or malfunctioning autonomies result in indifference towards institutional changes concerning the judicial independence as well. In this study, the most important constitutional foundations of the judicial systems of post-socialist CEE countries are presented. The judicial system of the assessed legal systems is presented by defining the constitutional bases and the rules laid down in the most important laws through the presentation of the literature on the institution. Having clarified the structural issues and the constitutional status of the courts – the central forms of administration – an assessment is conducted as to how well-known aspects of judicial independence and accountability play a role in the administration of justice of a given legal system. At the heart of the analysis is the much-misunderstood concept of judicial independence. Within this, the organisational independence of the judiciary, which determines the relationship of courts with other branches of power, on the one hand, determines the actual margin of appreciation of judges, and on the other hand, it may shed light on the reforms of CEE judicial systems on their way to democracy following dictatorship and the single-party system. The above may also reveal how these systems tried to meet the requirements of European accession and how they responded to societal needs. Although the system of the organisation of the judiciary in post-socialist countries has also undergone changes, mainly due to constitutional amendments aimed to enforce the principle of access to justice, no analysis of the changes is conducted here due to a lack of space. Although we can talk about a broader and narrower meaning of the concept of justice, in this chapter, the situation of CEE legal systems based on the narrower concept is also presented for reasons of length. Thus, we specifically deal with courts, which are the central actors in the application of the law. We also dispense with the presentation of constitutional courts’ activities, to which this volume devotes a separate chapter. At the beginning of this chapter, we conduct an analysis of how the Court of Justice of the European Union and the Council of Europe, which connects the wider Europe, interpret the concept at its heart: judicial independence. Afterwards, we discuss the constitutional fundations and the central administration of courts. As a conclusion, we outline possible ways of development in post-socialist judicial systems.
2
McMahon, Joseph A. "The Common Agricultural Policy." In Specialized Administrative Law of the European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198787433.003.0019.
Full textAbstract:
‘While the Common Agricultural Policy may be well known for the political and financial problems to which it gives rise, the legal issues underlying it have not been so widely discussed’. Usher went on to note that the Common Agricultural Policy (CAP) lay behind many institutional developments, that agriculture was the first single market, and it was in the context of agricultural disputes that the Court of Justice of the European Union developed many of the general principles of Community (now European Union) law. So, whilst many will be familiar with the broad contribution that the CAP has made over the last sixty years, there are few who are more familiar with the legal intricacies of the policy. Part of the reason for this may be that close engagement with the administration of the CAP is not an easy exercise. Whilst the European institutions are responsible for setting not only the broad framework of the policy but also, in certain cases, the details of various aspects of the policy, implementation has been devolved to the Member States.