Journal articles on the topic 'Role of the Court'
To see the other types of publications on this topic, follow the link: Role of the Court.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Role of the Court.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Crouch, Melissa. "The Challenges for Court Reform after Authoritarian Rule: The Role of Specialized Courts in Indonesia." Constitutional Review 7, no. 1 (May 31, 2021): 1. http://dx.doi.org/10.31078/consrev711.
Abstract:
Political transitions from authoritarian rule may lead to a process of court reform. Indeed, court reform has been a central pillar of the law and development movement since the 1960s. What challenges do court reform efforts face after authoritarian rule in Indonesia and to what extent can specialized courts address these challenges? In this article, I examine court reform and the establishment of specialized courts in Indonesia post-1998. I argue that we need to pay attention to the politics of court reform after authoritarian rule. Specialized courts as a type of institutional reform need to be considered together with judicial culture in order to address fundamental challenges in the courts.
2
Chamberlain, R. T. "Role of the clinical toxicologist in court." Clinical Chemistry 42, no. 8 (August 1, 1996): 1337–41. http://dx.doi.org/10.1093/clinchem/42.8.1337.
Abstract:
Abstract The clinical toxicologist may play a role in court when issues arise concerning therapeutic drug monitoring, drug abuse, environmental chemicals, or toxic torts, where the traditional forensic toxicologist may not have expertise. Beyond being credible in court, the toxicologist's testimony must be based on good scientific evidence. The ruler for measuring good scientific evidence had previously been the Frye Test, or the general acceptance test. In 1993, however, the US Supreme Court established four balancing tests that should be used for the admissibility of scientific evidence. Although the ruling is binding only in federal courts, state courts are expected to follow. When testifying, the clinical toxicologist should be aware of other court rules and expectations. As with all testimony, objections from opposing counsel can be raised to disallow the presentation of evidence by a toxicologist. The toxicologist is usually used to establish causation of injury, whether from negligence, prenatal injury, or environmental chemicals. Several examples are presented.
3
Schuman, Jacob. "The Judicial Role in Supervision and Reentry." Federal Sentencing Reporter 34, no. 5 (June 1, 2022): 318–21. http://dx.doi.org/10.1525/fsr.2022.34.5.318.
Abstract:
Judges and courts play a key role in federal community supervision. To understand the part of the judiciary in community supervision and reentry, I interviewed two federal judges about their work. First, Judge L. Felipe Restrepo of the U.S. Court of Appeals for the Third Circuit told me about his experience managing the “Supervision to Aid Reentry” (STAR) program in Philadelphia. Second, Judge Richard Berman of the U.S. Court for the Southern District of New York described his approach of “court-involved supervision.” Both judges believe that the federal courts can provide support, encouragement, resources, and community that will aid in prisoners’ return to their communities. They encourage an active role in helping defendants under supervision obtain housing, employment, and treatment. They also suggest offering early termination of supervision as a way to encourage rehabilitation.
4
Adler, Stephen. "The Role of Judges in the Implementation of Social Policies." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 4 (December 1, 2002): 341–76. http://dx.doi.org/10.54648/5113458.
Abstract:
This article, based upon the author's general report to the 9th Meeting of European Labour Court Judges (ILO, Geneva, December 2001), discusses the role of Labour Court judges and Labour Courts in the implementation and development of social policy. After surveying the legal sources of social policy and a number of Labour Court ‘models’, comparative experience in various national systems is described and commented upon. The author contends that judges play an important role in the development of social policy, and suggests that, when dealing with issues in this field, Labour Court judges adhere to an agenda which differs from that of judges in the general courts. It is argued that the personal values, beliefs and experiences of judges influence their decisions regarding social policy issues, so that it is important for judges to recognize and articulate the factors influencing their decisions on such matters. To assist with this, the influence of the judge on social policy should be considered when individuals are appointed and trained to exercise their judicial role. The author further argues that Labour Courts can only make a significant contribution to the development of social policy if there is reasonable access to those courts, and that among the factors capable of furthering such access are the efficiency of, and the attitudes displayed by, Labour Court judges themselves. Finally, it is observed that, in an era of decreasing union density, Labour Courts increasingly provide the principal route for workers to enforce their rights, thereby underlining the key role of Labour Court judges in developing social law and furthering access to industrial justice as an important means for the protection of rights at work.
5
Shriparkash. "Role of Judiciary to Sustain Constitutionalism." Integrated Journal for Research in Arts and Humanities 3, no. 1 (January 8, 2023): 18–22. http://dx.doi.org/10.55544/ijrah.3.1.4.
Abstract:
All nations in the modern era embraced democratic political systems and welfare state ideologies, giving administrative agencies broad latitude to act as they see fit. In the lack of clear rules, etc., using those powers frequently becomes subjective. In order to guarantee that "the rule of law" is present in all governmental operations, it is, therefore, imperative to restrict discretionary powers. The Indian judiciary has been correctly cited as an illustration of this worldwide trend as courts have gained authority in recent years. The Indian Court has, in many respects, evolved into a model for good governance that judges the rest of the Indian government.
“On October 16, 2015, the Supreme Court of India (Supreme Court) issued a landmark judgment in NJLC. The judgment held unconstitutional the Ninety-ninth Amendment to the Indian Constitution, which established National Judicial Appointments Commission.
This Article argues that the Court has expanded its mandate as a result of the shortcomings of India’s representative institutions. The Indian Supreme Court’s institutional structure has also aided its rise and helps explain why the Court has gained more influence than most other judiciaries. This Article examines the development of India’s fundamental structure doctrine and the Court’s broad right-to-life jurisprudence to explore how the Court has enlarged its role.
6
Gavison, Ruth. "The Role of Courts in Rifted Democracies." Israel Law Review 33, no. 2 (1999): 216–58. http://dx.doi.org/10.1017/s0021223700015983.
Abstract:
A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.
7
Susanto, Susanto, Muhamad Iqbal, and Wawan Supriyatna. "MENCIPTAKAN SISTEM PERADILAN EFISIEN DENGAN SISTEM E-COURT PADA PENGADILAN NEGERI DAN PENGADILAN AGAMA SE-TANGERANG RAYA." JCH (Jurnal Cendekia Hukum) 6, no. 1 (September 30, 2020): 104. http://dx.doi.org/10.33760/jch.v6i1.287.
Abstract:
Based on the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: 305/SEK/SK/VII/2018, the Supreme Court has chosen 17 District Courts, 6 State Administrative Courts and 9 Religious Courts as the Pilot Project Court for the e-court Application. On this basis, the sample of the court taken by the author is the District Court and Religious Court which is located in Tangerang Raya. The author will focus on the effectiveness and efficiency with regard to the role of the e-court system in the administrative system of the district and religious courts in Tangerang Raya. The large amount of time and files involved are considered far from the principles of fast, simple and low cost trial. It is hoped that time and cost efficiency problems can be resolved with E-court. To prove the test of the effective role of e-court in realizing fast, simple and low cost judiciary from the segmentation of district and religious courts in Tangerang Raya, the E-court system in state and religious courts in the Greater Tangerang area in segmentation creates efficiency in the case administration service process.
8
Kondrat, David C., W. Patrick Sullivan, Kelli E. Canada, and Jeremiah W. Jaggers. "Role of Social Support and Ego Network Characteristics on Quality of Life." Advances in Social Work 20, no. 3 (January 29, 2021): 637–54. http://dx.doi.org/10.18060/23817.
Abstract:
Mental health courts offer alternatives to incarceration for persons with severe mental illness who are involved in the criminal justice system. These courts have the dual function of ensuring treatment for persons involved in the court as well as ensuring the safety of the public. Persons with severe mental illness who are involved in mental health courts rely on others for support, such as family members. Others may buttress the participant from engaging in criminal activities and provide for needs of the participant. The supportiveness as well as the composition of one’s network members may play a role in the success of mental health court participants, such as successfully completing the mental health court program and avoiding incarceration. Little research has explored how social support impacts mental health court participants. We explored how the composition and sense of support of network members were associated with mental health court participants’ quality of life. We regressed quality of life on social support and network characteristics of 80 participants in two mental health courts. Findings suggest that perceived support is positively associated with quality of life, and the proportion of family in one’s network was negatively related to quality of life. Findings suggest that persons involved in mental health courts need supportive others in their social networks in addition to family. More research is needed to explore the reasons having a higher proportion of family members in one’s network is associated with lower quality of life. Practitioners need to pay attention to and leverage mental health court participants’ social networks to help improve their quality of life.
9
Reshetnikova, Irina. "The Role of Courts in Adversarial Litigation in Russia." Review of Central and East European Law 34, no. 1 (2009): 1–13. http://dx.doi.org/10.1163/157303509x406205.
Abstract:
AbstractModern Russian arbitrazh court and civil court procedure (since 2002) has many adversarial characteristics, which are similar to those of British and American courts but which have their roots the Imperial Russian legal reform of 1864. This article offers the reader an analysis of the main features of Russian procedural legislation.
10
Prakash, Judith. "‘The Critical Role of the Courts In Arbitral Disputes: Conceptualizing the Relationship Between the Courts and Arbitration’." Asian International Arbitration Journal 19, Issue 2 (November 1, 2023): 103–14. http://dx.doi.org/10.54648/aiaj2023003.
Abstract:
The role of the courts in arbitral disputes may be underappreciated by some in the arbitration community. It is axiomatic that when parties choose arbitration, they opt out of the default method by which they would have otherwise resolved their disputes, that is, through the national court system. This opting out is not, however, for all seasons and for all time. On the contrary, the court plays a critical and integral role in the arbitration process. Through the decisions of the court, the basic features of arbitration are reinforced, and it is the court that ensures that arbitration functions as an effective mode of dispute resolution. This article starts with a brief overview of the relationship between the courts and arbitration. Three topics are thereafter examined. The first is the role of the court in setting the boundaries of arbitration. The second concerns how the court supports arbitration through interim orders. The final topic concerns the court’s role in the setting aside and enforcement of arbitral awards.
11
Cruz, Julio Baquero. "The Changing Constitutional Role of the European Court of Justice." International Journal of Legal Information 34, no. 2 (2006): 223–45. http://dx.doi.org/10.1017/s0731126500001463.
Abstract:
The process through which the founding Treaties of the European Communities came to function and be regarded as a constitution and the role of the Court of Justice in that process are well known. According to a widespread view, the Court would have been the main or even the only actor in the constitutionalization of the Treaties, transforming them into constitutional entities by virtue of some judgments of the 60s and 70s. For many, in those judgments the Court would have been excessively prointegrationist, too audacious, almost “running wild”. At some point, a number of constitutional courts, in particular the German Constitutional Court with its Maastricht decision of 1993, would have voiced their concerns, tracing potential limits to judicially driven integration. As a result, the Court of the 90s would have become wiser, more self-restrained, at times even minimalistic – more like a court and less like an omnipotent legislator or “pouvoir constituent.” With the calling of the European Convention and the drafting of the Treaty establishing a Constitution for Europe, the Court would have been more than ever on a second plane, as if constitutional matters had finally returned to the political actors to which they belong.
12
Gomes, Adalmir Oliveira, Tomas Aquino Guimaraes, and Luiz Akutsu. "Court Caseload Management: The Role of Judges and Administrative Assistants." Revista de Administração Contemporânea 21, no. 5 (October 2017): 648–65. http://dx.doi.org/10.1590/1982-7849rac2017160179.
Abstract:
Abstract Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Paulo, Brazil. The results indicate a direct and positive relationship between court caseload and judge production, but the strength of this relationship depends on court specialty. The findings also indicate that the number of administrative assistants, judge experience and the number of places a judge works all moderate the caseload-production relationship. The results contribute to the development of strategies to address the delays and congestion of courts, two of the main Brazilian Judiciary problems.
13
Bakayanova, Nana, and Oleg Tsiselskyi. "THE ROLE OF ECONOMIC COURTS IN THE ECONOMIC DEVELOPMENT OF UKRAINE." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 14–19. http://dx.doi.org/10.30525/2256-0742/2022-8-3-14-19.
Abstract:
The subject of the study is the role of economic courts in the economic development of Ukraine. The purpose of the article is determined by the current economic processes taking place in the country in connection with the full-scale aggression of the Russian Federation and the introduction of martial law in the territory of the state by the Decree of the President of Ukraine of February 24, 2022. According to preliminary forecasts, by the end of 2022 inflation in the country will increase to over 30%, and by the end of 2023 and 2024 it is expected to reach 20.7% and 9.4% respectively. Therefore, the purpose of the article is to provide a theoretical and practical substantiation of the impact of economic courts on the support and development of the State's economy in modern conditions. The methodological basis of the work is a set of general philosophical, general scientific and logical methods, the combination of which allowed to achieve a certain level of objectivity, comprehensiveness, as well as the validity of the study and the reliability of the conclusions. The leading role in the work is played by the statistical method, which made it possible to outline the trends in the number of considered economic cases, the amount of property claims of plaintiffs and the amount of funds allocated for recovery (indicators for 2021, 2020, 2019, 2018, etc. were considered). The results of the study make it possible to conclude that the influence of economic courts is both direct and indirect. Direct influence is manifested in the results of administration of justice, resolution of commercial disputes and satisfaction of interests of business entities. The indirect impact is related to the replenishment of the special fund of the State Budget of Ukraine by economic courts through the receipt of court fees. In addition, the difficulties faced by judges of economic courts in the context of the full-scale aggression of the Russian Federation against Ukraine are highlighted: 1) the danger to the life and health of judges, court staff and visitors to the court in general (for example, in Odesa from February 24, 2022 to September 8, 2022, air alert was announced fifty-one times, its total duration was thirty-nine hours); 2) destruction or damage to the material and technical base of economic courts (for example, in the Economic Court of Donetsk region and the Economic Court of Luhansk region, located in the same building, the plaster on the facade of the building was damaged, the building of the Economic Court of Mykolaiv region was damaged); 3) lack of judges (this is due to the suspension of the work of the High Qualification Commission of Judges of Ukraine, on the one hand, and the fact that some judges left the country with the beginning of hostilities); 4) insufficient level of funding (in 2020, the Supreme Court received six appeals from economic courts regarding insufficient funding, and in 2021, special attention was paid to the problem of underfunding of the Economic Court of Kyiv region, which led to a shortage of funds in the wage fund of the court staff). Practical implications. It is determined that any further actions of the state should be aimed at raising the qualification level of judges of economic courts and public confidence in them, popularization of the procedure for applying to economic courts and legal proceedings. Value/originality. The study confirms the effectiveness of economic courts and allows to analyze it from a new perspective, since, as most scientific studies show, the effectiveness of economic courts is mainly associated with: the speed of consideration of cases; a small number of decisions appealed to a higher instance (compared to the indicators of general and administrative courts); the percentage of cases considered.
14
Sanborn, Joseph B. "A Parens Patriae Figure or Impartial Fact Finder: Policy Questions and Conflicts for the Juvenile Court Judge." Criminal Justice Policy Review 12, no. 4 (December 2001): 311–32. http://dx.doi.org/10.1177/0887403401012004004.
Abstract:
For several decades, juvenile courts functioned like clinics. Judges assigned there were instructed to assume a variety of roles: jurist, psychologist, counselor, sociologist, and parent. The In re Gault decision in 1967 granted juvenile defendants several constitutional rights that transformed juvenile courts into criminal court-like operations. Juvenile court judges have not been told whether they should continue to be paternal or emulate their counterparts in adult court; research has not addressed this subject. In this study, 100 juvenile court workers (judges, prosecutors, defense attorneys, probation officers) from three juvenile courts (urban, suburban, rural) were interviewed to ascertain how judges operate in juvenile court and what these workers perceive to be the proper role for the judge. The data show that most workers believe that the role of the juvenile court judge is and should be unique.
15
Hinarejos, Alicia. "Social Legitimacy and the Court of Justice of the EU: Some Reflections on the Role of the Advocate General." Cambridge Yearbook of European Legal Studies 14 (2012): 615–33. http://dx.doi.org/10.5235/152888712805580525.
Abstract:
AbstractThe Court of Justice of the European Union (CJEU, Court of Justice or Court, for short) operates in circumstances that are similar to those of a national constitutional court; at the same time, some significant features set it apart and make it more difficult for the Court of Justice to command the institutional loyalty or public support that national constitutional courts seem to enjoy in Europe. This chapter will, first, offer a brief overview of how and why the Court acquired a markedly political, and problematic, role within the judicial and legal system of the Union (Section II). Section III will then examine the different concepts of legitimacy that may be applied to courts and their decisions, focusing more specifically on the social dimension of legitimacy. This chapter will argue that the fact that the Court of Justice has to operate in a transnational context leads to a shortfall in its social legitimacy, at least when compared to national constitutional courts in Europe. Finally, Section IV will focus on the figure of the Advocate General as a mechanism that may lend some extra social legitimacy to the Court and its decisions—obviously without solving the problem completely—and that, more generally, may foster dialogue, debate and deliberative democracy in the Union.
16
Tikhonov, A. K. "Educational Role of the Court." Vestnik Povolzhskogo instituta upravleniya 18, no. 2 (2018): 65–70. http://dx.doi.org/10.22394/1682-2358-2018-2-65-70.
17
Yuniar, Vania Shafira, Jihan Syahida Sulistyanti, and Dian Latifiani. "The Court Role in Providing E-court System Education to Community: Post-Enactment of Supreme Court Regulation Number 1 of 2019." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 1 (June 29, 2021): 34–42. http://dx.doi.org/10.25134/unifikasi.v8i1.3697.
Abstract:
The judicial system in Indonesia has now begun to adapt to the developments in information and technology to improve court case administration services which are realized through the digitization of court cases or known as the electronic justice system (e-court). E-court is a case processing service. It involves registration, payment of fees, and court summons via electronic media and online. The implementation of e-court in Indonesia is based on supreme court regulation No.1 of 2019 on Electronic case and trial administration in courts. This e-court system is designed to create an effective, efficient, and cost-effective Indonesian justice system for justice seekers. However, the lack of public understanding of the e-court system becomes an obstacle to implementing an e-court system in Indonesia. This research aims to analyze how the role of the court in socializing the e-court system to the public as an effort to improve case administration services in court. The research employed normative legal research and a literature study approach with the secondary assessment of legal materials and juridical data analysis. The findings revealed that the current courts are still working to improve technology-based court administration services (e-court) to the public by providing explanations and education through the official website of state court accounts spread throughout Indonesia. In addition, the court has also massively socialized the implementation of the e-court system to the public, advocates/lawyers, and court officials via online and offline. Unfortunately, for people who wish to litigate electronically at this time, it can only be done by cooperating with advocates/lawyers who have e-court access.
18
Barry, Matthew. "The Role of the Seat in International Arbitration: Theory, Practice, and Implications for Australian Courts." Journal of International Arbitration 32, Issue 3 (May 1, 2015): 289–323. http://dx.doi.org/10.54648/joia2015012.
Abstract:
A complex question in international commercial arbitration is the extent to which an enforcement court should defer to the decisions of courts at the seat of arbitration. In the recent case of Gujarat, the Federal Court of Australia held that it would generally be inappropriate for an Australian court, called upon to enforce an arbitral award under the International Arbitration Act 1974 (Cth) (IAA), to reach a different conclusion on the same question as that reached by the court at the seat of arbitration. This article critically examines Gujarat in light of the broader debate about the role of the seat in international arbitration jurisprudence. The article contends that the role of the seat is far from settled. In the first place, there are competing theories of international arbitration, each according to a different degree of importance to the seat of arbitration. Second, enforcement courts applying the provisions of the New York Convention have taken very different approaches to the decisions of courts at the seat of arbitration. US courts, for example, generally defer to the decisions of courts at the seat; French courts, on the other hand, tend to disregard the decisions of courts at the seat. Nevertheless, this article contends that the deferential approach taken by the Federal Court in Gujarat and the US courts is the correct one. Australian courts should, for strong policy reasons, defer to the decisions of courts at the seat of arbitration, save in exceptional cases where such decisions are shown on the basis of cogent evidence to be partial and dependent or in violation of basic principles of justice. This approach promotes finality and efficiency in international arbitration whilst upholding the international rule of law.
19
Lenk, Hannes. "Investment Arbitration under EU Investment Agreements: Is There a Role for an Autonomous EU Legal Order?" European Business Law Review 28, Issue 2 (April 1, 2017): 135–62. http://dx.doi.org/10.54648/eulr2017011.
Abstract:
The present paper argues, that the investment court fails to guarantee overall compatibility with the Treaty. In particular, the principle of autonomy, which the Court of Justice has over the years developed into an effective tool protecting its own jurisdictional prerogatives, is likely to have an impact on the establishment of the investment court. Accordingly, as the investment court will ultimately engage in the interpretation of EU law and it assessment against broadly defined international standards it fulfills a judicial function that is reserved to the Court of Justice. In the absence of the prior involvement of the Court, and considering the exclusion of domestic courts from the process of dispute resolution, the present paper concludes that the currently envisaged investment court system is incompatible with the Treaty.
20
Shelton, Dinah. "The Participation of Nongovernmental Organizations in International Judicial Proceedings." American Journal of International Law 88, no. 4 (October 1994): 611–42. http://dx.doi.org/10.2307/2204133.
Abstract:
Nongovernmental organizations are playing an increasingly important role in international litigation. This study will analyze the participation of nongovernmental organizations, primarily as amici curiae, in the proceedings of four permanent international courts: the International Court of Justice, the European Court of Justice, the European Court of Human Rights and the Inter-American Court of Human Rights. After discussing the impact of amici in national and regional courts, it recommends that the International Court of Justice expand its acceptance of submissions from nongovernmental organizations in appropriate cases. The Court has a jurisdictional basis to do so and amici have usefully contributed to cases before other courts.
21
Syafaq, Hammis, Nur Lailatul Musyafaah, and Sri Warjiyati. "Judicial Commission Role to Handle Contempt of Court in Indonesia from the Perspective of Islamic Legal Thought." European Journal of Law and Political Science 2, no. 3 (May 24, 2023): 7–13. http://dx.doi.org/10.24018/ejpolitics.2023.2.3.90.
Abstract:
Contempt of Court still occurs in many courts in Indonesia. Therefore, the government established the Judicial Commission of the Republic of Indonesia to maintain the dignity and dignity of the courts in Indonesia. This study discusses how the Judicial Commission of the Republic of Indonesia plays a role in handling the Contempt of Court in Indonesia from the perspective of Islamic Legal Thought. This research is literature with a qualitative approach. Data was collected through literature studies in the form of laws, books, and journals. The collected data is analyzed descriptively with a deductive model. This research shows that the Judicial Commission has been essential in preventing the Contempt of Court in Indonesia. The Judicial Commission of the Republic of Indonesia carries preventive and repressive actions. Preventive actions are carried out to avoid the Contempt of Court, while repressive actions are carried out to deal with the Contempt of Court in Indonesia. In Islamic legal thought, the role of the Judicial Commission is according to the role of Diwan al-Hisbah and the rule of Islamic Law "dar' al-mafasid muqaddam ala jalb al-mashalih" (rejecting harm is prioritized over bringing benefit) and "al-dharar yuzal" (damage must be eliminated). The role of the Judicial Commission in resolving Contempt of Court cases can make courts a safe place to enforce the law in Indonesia.
22
Davies, Gareth. "How the Court’s path dependence affects its role as a relational actor." European Law Open 2, no. 2 (June 2023): 271–83. http://dx.doi.org/10.1017/elo.2023.24.
Abstract:
AbstractThis Article draws on research into precedent and the European Court of Justice to argue that it is distinctive in almost never retreating from a standpoint it has taken, or overturning an earlier judgement, by contrast with other Supreme Courts where this is a more common occurrence. The Article then considers the implications of this finding for research into the relationship between the Court and other actors, such as Member States, litigants and institutions. It suggests that in considering how the Court may be influenced and constrained this research takes insufficient account of its apparently limited capacity to change doctrinal direction. Evidence of doctrinal path dependence needs to be a more central part of discussions of the Court as a relational actor.
23
BARBU, S.-G., and C. M. FLORESCU. "THE APPEAL IN THE PROCEDURE OF NOTIFYING THE CONSTITUTIONAL COURT." Bulletin of the Transilvania University of Braşov Series VII Social Sciences • Law 14(63), no. 2 (January 20, 2021): 399–404. http://dx.doi.org/10.31926/but.ssl.2021.14.63.2.23.
Abstract:
The Constitutional Court may be notified by the judiciary courts for the settlement of exceptions of unconstitutionality of a law or ordinance or of a provision of a law or ordinance in force, which is related to the settlement of the case. The courts have a filtering role regarding the admissibility of the referral to the Constitutional Court. If the court decides that the referral to the Constitutional Court is inadmissible, the act is subject to a specific appeal, with its own configuration, drawn up in the jurisprudence of the Constitutional Court and of the judiciary courts.
24
Vaitsekhovska, O., and O. Chepel. "The role of international courts’ decisions in the system of sources of international financial law." Problems of Legality, no. 155 (December 20, 2021): 254–72. http://dx.doi.org/10.21564/2414-990x.155.238447.
Abstract:
The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).
25
WATSON, CHRIS. "‘To Beare the Towne Harmles’: Manorial Regulation of Mobility and Settlement in Early Modern Lancashire." Rural History 28, no. 2 (October 2017): 119–35. http://dx.doi.org/10.1017/s0956793317000061.
Abstract:
AbstractThis article examines the role of manorial courts in early modern Lancashire in the regulation of mobility through order making in relation to inmates. The period under consideration is c. 1550–c. 1660. Four aspects of their operation are considered: the volume of court business dealing with issues of mobility, the quality of court orders regulating it, the place of the manor court in the topography of local governance and aspects of continuity and change in the courts’ functioning in the period. Manorial courts are shown to be active and innovative constituents of the local administrative landscape, exercising a role wider than merely the imposition of seigneurial interest and control.
26
Woolaver, Hannah, and Sarah Williams. "The Role of the Amicus curiae before International Criminal Tribunals." International Criminal Law Review 6, no. 2 (2006): 151–89. http://dx.doi.org/10.1163/157181206778050697.
Abstract:
AbstractThe amicus curiae brief has increasingly been used before international criminal tribunals. The practice of accepting or inviting amicus curiae briefs or submissions has been included in the rules of procedure and evidence of the ICTY, the ICTR, the Special Court for Sierra Leone and the International Criminal Court. This article examines the role of amicus curiae before international criminal courts, including: how and when amicus are granted permission to appear; how amicus curiae are used by these international courts; the influence, if any, of amicus briefs on decisions and judgments; and whether the role of amicus curiae in international criminal courts has diverged from the traditional concept of an amicus curiae. Also considered are the arguments in support of the continued role of amicus curiae before international criminal tribunals.
27
Ragauskienė, Raimonda. "The Noblewoman’s Court in the Sixteenth-Century Grand Duchy of Lithuania." Lithuanian Historical Studies 8, no. 1 (November 30, 2003): 27–60. http://dx.doi.org/10.30965/25386565-00801002.
Abstract:
Drawing on an extant list of courtiers (1552) of the wife of the starosta of Žemaitija, references in correspondence, posthumous property inventories and individual pieces of legislation, the present article aims to illustrate the generalized composition of sixteenth-century noblewomen’s court in the GDL, and the functions of those attached to such courts. At the same time an attempt is made to determine the role of noblewomen in appointing officials and co-opting court members and, in general, establishing the limits of their rights and patronage. The size of the court depended on the social position of the lady as its head – on the office held by her husband and on the role of the noblewoman herself in her family as well as on her personality. Minors were attended merely by a few servants, while the courts of married women and in particular those of widows comprised between 50 and 60 courtiers. As a rule, noblewomen’s courts consisted of several parts that functioned as a single unit: court officials, the male quarters (male courtiers and messengers), court specialists (medical practitioners, clergymen and musicians), the female quarters (ladies, young ladies and lady’s maids) and court staff (servants, craftsmen and coachmen). The role of the husband was crucial in the formation of noblewomen’s court. Noblewomen themselves could transform their court after the death of their husbands. The maintenance of a large number of court members required massive investment on the part of noblewomen. Nevertheless, such investment, albeit without any obvious dividends, paid off ultimately. The court was a matter of their prestige; it was important in raising noblewomen’s status in society. A court enabled them to develop their clientele and to participate actively in public life and create their own home clientele. Through their mediation their clients could become clients of their husbands or of their friends of the same high social status.
28
VAN ALEBEEK, ROSANNE. "Domestic Courts as Agents of Development of International Immunity Rules." Leiden Journal of International Law 26, no. 3 (July 31, 2013): 559–78. http://dx.doi.org/10.1017/s0922156513000241.
Abstract:
AbstractThis paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to international-court decisions) in that process results in a different role, and concomitant different rules, in the process of interpretation of rules of international law. The paper argues that while domestic courts are as a matter of international law bound by the same rules of interpretation as international courts, they are particularly well placed to address access to court concerns raised by immunity rules and may play a prominent role in the development of international law in this field in the years to come.
29
Edwards, Leonard P. "The Juvenile Court and the Role of the Juvenile Court Judge." Juvenile and Family Court Journal 43, no. 2 (May 1992): 1–2. http://dx.doi.org/10.1111/j.1755-6988.1992.tb00721.x.
30
Steytler, N. C. "Implementing Language Rights in Court: The Role of the Court Interpreter." South African Journal on Human Rights 9, no. 2 (January 1993): 205–22. http://dx.doi.org/10.1080/02587203.1993.11827905.
31
Dunstan, Vivienne. "A Court in Decline? Examining the Regality Court Records of Melrose, Roxburghshire, 1657–84." Journal of Scottish Historical Studies 40, no. 1 (May 2020): 1–16. http://dx.doi.org/10.3366/jshs.2020.0284.
Abstract:
McIntyre, in his seminal work on Scottish franchise courts, argues that these courts were in decline in this period, and of little relevance to their local population. 1 But was that really the case? This paper explores that question, using a particularly rich set of local court records. By analysing the functions and significance of one particular court it assesses the role of this one court within its local area, and considers whether it really was in decline at this time, or if it continued to perform a vital role in its local community. The period studied is the mid to late seventeenth century, a period of considerable upheaval in Scottish life, that has attracted considerable attention from scholars, though often less on the experiences of local communities and people.
32
Purkon, Arip, Ahmad Hidayat Buang, and Mohd. Hafiz Jamaludin. "The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 9, no. 2 (September 29, 2022): 362–76. http://dx.doi.org/10.32505/qadha.v9i2.4111.
Abstract:
The development of Islamic family law is carried out in all countries where the majority of the population is Muslim. New ideas in the field of Islamic family law are generally stated in the form of legislation. In Indonesia, the final court decision in the field of Islamic family law decided with the judges of Indonesian Supreme Court. The decision of Supreme Court judge will be jurisprudence. This study aims to examine the role of Supreme Court's jurisprudence in development of Islamic family law. The research conducted was library research. This study concluded: First, Judges of the Supreme Court in the Islamic civil field have a very important role in the development of Islamic family law in Indonesia. Judges can make breakthroughs or reform the thoughts of Islamic family law as outlined in the decisions they issued. Second, decisions of Supreme Court judges that have permanent legal, fixed and final will be used as jurisprudence or references by judges in the Religious Courts.
33
Febri Jaya, Winda Fitri, and Leny Pelita Besouw. "CERTAINTY REGARDING LEGAL CHOICES BETWEEN RELIGIOUS COURTS AND DISTRICT COURTS REGARDING APPLICATIONS FOR DETERMINING HEIRS." Bengkoelen Justice : Jurnal Ilmu Hukum 13, no. 2 (December 9, 2023): 182–93. http://dx.doi.org/10.33369/jbengkoelenjust.v13i2.31298.
Abstract:
In accordance with the research title listed above, Indonesia has three legal systems that regulate inheritance, namely; Islamic inheritance law which is based on and uses the holy book Al-Quran as its source, western civil inheritance law which originates from Burgerlijk Wetboek (hereinafter referred to as the Civil Code), and finally customary inheritance law based on the customs of the community itself, this cannot be separated from from the role of each court that handles it. Therefore, the author needs to conduct research on the certainty of legal choices between religious courts and district courts regarding applications for determining heirs. The aim of the research is to analyze the role of the district court and religious court in the application for determining heirs, after that this study will also analyze how legal certainty is provided regarding the legal choice between the district court and the religious court. The results obtained from this research are that the implementation of Law no. 50 of 2009 regarding every application for determining Islamic heirs must be handled and under the authority of a religious court, in fact this does not mean that the district court is of the opinion that it no longer has the right and authority to adjudicate applications for inheritance, this is because the authority possessed by the district court still has power. law in an effort to adjudicate applications for determining inheritance for Muslims. However, what needs to be underlined is that the difference between religious courts is that when it comes to resolving inheritance cases, religious courts are guided by the complications of Islamic law, while district courts are based on the Civil Code, namely western law. Keywords:District Court, Religious Court, Inheritance, Petition, Determination
34
Dalimunthe, Fadli Zaini. "THE COMPARISON OF EVIDENCE IN STATE ADMINISTRATIVE COURT BETWEEN INDONESIA AND SOUTH KOREA." Jurnal Hukum dan Peradilan 9, no. 2 (September 17, 2020): 232. http://dx.doi.org/10.25216/jhp.9.2.2020.232-254.
Abstract:
The judiciary under the supreme court consists of general courts, religious courts, military courts, and state administrative courts. In each procedural law court, the provisions concerning evidence are regulated. Evidence is the stage where the parties try to convince the panel of judges about the truth of the arguments put forward in a dispute based on valid evidence. Evidence has an important role because the results of evidence can be the basis for consideration by the panel of judges in making a decision. Evidence in the procedural law of the state administrative court is not only carried out in the Indonesian state administrative court but also in the South Korean Administrative Court. The historical development and organizational structure of the South Korean Administrative Court are the basis for analyzing the Evidence in the South Korean Administrative Court. Lessons from the South Korean Administrative Court can see the similarities and differences in the concept of evidence and type of evidence used in the South Korean Administrative Court with the Indonesian State Administrative Court. The approach used in this study is the statutory approach, comparative approach, and conceptual approach.
35
Korol, D. "THE ROLE OF THE COURT IN CHOOSING THE CIVIL CASE PROCEDURE: PROBLEMATIC ISSUES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 109 (2019): 15–18. http://dx.doi.org/10.17721/1728-2195/2019/1.109-3.
Abstract:
Following the 2017 reform the civil litigation has been significantly changed. The action proceedings, inter alia, have been divided into general and simplified procedures. Therefore, the role of the court in determining the procedure for of the case consideration is decisive, since the law does not impose the obligation to apply to the court in a specific procedure but stipulates respective court power and criteria for its implementation. Thus, the case may be heard in the general proceedings or in a simplified procedure, which provides for the possibility of a court hearing or without such a hearing, in accordance with the grounds and criteria laid down in Article 11, Parts 4 and 6 of the Article 274, Parts 1 and 2 of the Article 277, as well as Part 6 of Article 279 of the Civil Procedural Code of Ukraine, the common only approaches of which have not yet been achieved in practice. Therefore, the object of attention of the author is the problems of differentiation and determination by courts of specific grounds for consideration of civil cases according to the general or simplified procedure of action proceedings, as well as the appointment of a court session, based on the analysis of first instances courts decisions, adopted during 2018-2019 and available for the research on the website of the Unified State Registry of Judgments. As a result, the problematic issues that have arisen in the jurisprudence, in particular, regarding the decisive role of the court in choosing the civil case procedure have been identified and the relevant solutions have been proposed. The role of the court is to determine whether there are grounds for a simplified procedure, whether there are no grounds for a mandatory general procedure for this case consideration, as well as an assessment of the merits and motivation of the plaintiff's and defendant's motions for choosing the procedure for this case consideration, in particular, as it is defined in Article 11 of the Civil Procedural Code of Ukraine. Exercising the abovementioned powers, the court must first of all proceed with the goals of civil justice and its general principles as well as Article 19 of the Civil Procedural Code of Ukraine.
36
SAFTA, Marieta. "THE ROLE OF CONSTITUTIONAL COURTS IN UPHOLDING THE RULE OF LAW IN EMERGENCY SITUATIONS." Annals of the Academy of Romanian Scientists Series on Philosophy, Psychology and Theology 10, no. 1-2 (2022): 67–79. http://dx.doi.org/10.56082/annalsarsciphil.2022.1-2.67.
Abstract:
The way in which the security of the State and its democratic institutions, human rights, and the safety of its officials and population are protected in emergency situations constitutes one of the benchmarks of the rule of law. From this perspective, the role of the constitutional courts is a prominent one since the courts are the guarantor of the Constitution, as a fundamental law enshrining all the values and rules of organizing and functioning of the public authorities. In Romania, both the Constitutional Court and the ordinary tribunals have encountered numerous requests from individuals. The citizens have challenged and questioned the acts of public authorities, raising sensitive issues, balancing competing fundamental rights, and, finally, the rule of law as a general principle enshrined in article 1 of the Constitution. In our study, we will present the case law of the Romanian Constitutional Court which is more relevant for the role of this court and constitutional courts in general in protecting democratic values in the context of emergencies, with special reference to the relationship and powers of the public authorities.
37
James, Annabelle. "Fresh Evidence: Role of Appeal Court." Journal of Criminal Law 72, no. 1 (February 2008): 34–35. http://dx.doi.org/10.1350/jcla.2008.72.1.472.
38
HOPSON, DAN. "The Role of Juvenile Court Judge." Juvenile Court Judges Journal 14, no. 2 (March 18, 2009): 24–26. http://dx.doi.org/10.1111/j.1755-6988.1963.tb00526.x.
39
Syzdykov, Mirzakhmet. "On the Role of Court Interpreter." Cognizance Journal of Multidisciplinary Studies 3, no. 8 (August 30, 2023): 1179–80. http://dx.doi.org/10.47760/cognizance.2023.v03i08.033.
Abstract:
While the past research work was focused on the abstract concepts of the judicial (legal) system and the role of court interpreter in it, in this short article we give the exact answer why the role of court interpreter is important to us with respect to the situation on relativism of social constructionism and the practical meaning of the main question. The definition of the term “financial risks” is also given with respect to the changing role of court interpreter between his main role and role of the lawyer when representing the interests of the participants in the legal system during the time period of approbation of the court law deal.
40
Taylor Poppe, Emily S. "Courts as Data Guardians for the Public Good." University of Toronto Law Journal 73, Supplement 1 (August 1, 2023): 34–58. http://dx.doi.org/10.3138/utlj-2023-0005.
Abstract:
In an increasingly digital world, where data-driven decision making and technology-enhanced workflows are the norm, civil courts lag behind. Despite the rise in electronic filing, many civil court records remain inaccessible and unused by court administrators and other government actors. Meanwhile, for-profit companies increasingly compile court records into massive datasets that facilitate sophisticated legal analytics. This discrepancy between public and private approaches results in unfulfilled potential for court records to inform court operations, procedural rule making, and substantive policy. This article argues for a future in which courts address these failures and take on the role of data guardians for the public good.
41
Nielsen, Ingrid, and Russell Smyth. "What the Australian Public Knows About the High Court." Federal Law Review 47, no. 1 (February 8, 2019): 31–63. http://dx.doi.org/10.1177/0067205x18816238.
Abstract:
Existing studies for the United States examine the extent to which the public is knowledgeable about US courts, arguing that knowledge of the courts is linked to public support for their role. We know little, though, about the Australian public’s awareness of the High Court of Australia. We report the results of a survey of a representative sample of the Australian adult population, administered in November 2017. We find that few Australians know the names of the Justices, the number of Justices on the Court, how the Justices are appointed or for how long they serve. Awareness of recent cases decided by the Court is mixed. We find that age and education are better predictors of awareness levels than is gender. Our findings are important because in the absence of awareness of the High Court, the potential exists for the public to see the Court as having a more overt political role than it has, which may lower esteem for the Court. The potential for this to occur is exacerbated if, and when, politicians attempt to drag the High Court into the political fray, by attributing political motives to it that it does not have.
42
Urbaniak-Mastalerz, Izabela. "THE ROLE OF GUARDIAN FOR AN AGGRIEVED MINOR IN CRIMINAL PROCEEDINGS." Probacja 4 (March 31, 2021): 13–30. http://dx.doi.org/10.5604/01.3001.0014.7901.
Abstract:
The study presents the problem of the role of guardian for an aggrieved minor in criminal proceedings. The legal regulations and court decisions are indicated regarding the role of guardian for a minor. The author attempts to solve the problem of how the role of guardian for minors should be perceived, given the existing jurisprudence of the Supreme Court and common courts. The conclusions from the evaluation of the regulations and judgments, based on the available statistics, form the starting point for the assessment of the guardian’s capacities in legal proceedings.
43
Richardson, James T., and Brian M. Lee. "The Role of the Courts in the Social Construction of Religious Freedom in Central and Eastern Europe." Review of Central and East European Law 39, no. 3-4 (November 18, 2014): 291–313. http://dx.doi.org/10.1163/15730352-00000021.
Abstract:
This article takes a social-constructionist view of the role played by judicial systems in selected Central and East European nations, formerly dominated by the Soviet Union, in defining the meaning of religious freedom. The focus is on the role of national courts, including constitutional courts, and especially the European Court of Human Rights (ECtHR) in this process, with particular attention being paid to the interaction of these separate court systems in defining religious freedom in the various nations. The function of possible ‘pilot judgments’ of the ECtHR in this process is examined. An overall assessment of the role of judicial systems offers a mixed, but somewhat optimistic, view of the role being played by the court systems in the region which seems to support the idea that the ‘judicialization of politics’—addressed by scholars in other branches of law—is also occurring in the area of religious freedom.
44
Morgan, Phillip. "Doublethink and District Judges: High Court precedent in the county court." Legal Studies 32, no. 3 (September 2012): 421–47. http://dx.doi.org/10.1111/j.1748-121x.2012.00228.x.
Abstract:
This paper considers an often ignored topic in the English system of precedent, the role of High Court precedent in the county court. In doing so it reveals the many weaknesses of the existing approach to lower court precedent. It is argued that the High Court, (generally) a first instance tribunal, which does not bind itself and can come to contradictory decisions in different cases, the later not overruling the earlier, should not bind any court below it. A model of how multi-tiered first instance tribunals, such as the High Court and county court, should interact is demonstrated by the approach taken between the Court of Session, Outer House, and inferior courts in Scotland.
45
Akinkugbe, Olabisi D., and Morris K. Odeh. "The Role of the Registry and Legal Division of the African Court of Human and People's Rights in Dispute Settlement." AJIL Unbound 116 (2022): 384–89. http://dx.doi.org/10.1017/aju.2022.69.
Abstract:
This Essay explores whether the African Court of Human and People's Rights’ (African Court) Registry and Legal Division have a similar expansive role in the dispute settlement mechanism as the World Trade Organization's (WTO) Secretariat. The African Court is the African Union's regional body for enforcing human rights. This Essay contributes to the scholarship on African international courts by testing the central arguments in Pauwelyn and Pelc's “Who Guards the ‘Guardians of the System’? The Role of the Secretariat in WTO Dispute Settlement”1 through a comparative analysis of the role of the Secretariat within the African Court.2 Despite the growing jurisprudence and influence of Africa's international courts, they continue to be neglected by mainstream scholarship of international courts and tribunals. This is evident in Pauwelyn and Pelc's article, which does not refer to any of Africa's seven international courts and tribunals. For that matter, the article makes no reference to any international tribunal outside Europe or the United States.3 Our analysis illustrates the fact that the influence of the African Court's Registry and Legal Division (Registry) in the process for dispute settlement is not as significant and concerning as that of the WTO Secretariat. As such, the influence of the Registry on the outcome of a case is significantly limited and does not raise any legitimacy crisis like the WTO. We attribute this disparity to the operational and structural disparities between the African Court and the WTO. In the following paragraphs, we examine each of the factors that Pauwelyn and Pelc raise concerning the influence of the WTO staff in WTO panel and Appellate Body proceedings4 in the context of the functions of the African Court Registry.
46
Krommendijk, Jasper. "Why do lower courts refer in the absence of a legal obligation? Irish eagerness and Dutch disinclination." Maastricht Journal of European and Comparative Law 26, no. 6 (December 2019): 770–91. http://dx.doi.org/10.1177/1023263x19871024.
Abstract:
The majority of requests for a preliminary ruling from the EU Court of Justice comes from lower national courts. This is surprising because such courts are, contrary to the highest national courts, not obliged to refer on the basis of Article 267 TFEU. This article examines why Dutch and Irish lower courts have decided to refer or not in the absence of such a legal obligation. It does so on the basis of an analysis of court decisions complemented with 45 interviews with judges and legal secretaries. The article shows that there is a wide variety of reasons (not) to refer, including pragmatic and practical considerations. Politico-strategic reasons play a smaller role than one would expect on the basis of the literature to date. The most important factor affecting the courts’ willingness to refer is the way in which lower court judges see their role in relation to the highest court(s). This factor also explains the difference between Ireland and the Netherlands. While most Irish references are made by lower courts, around two thirds of the references in the Netherlands stem from the highest courts. Most Irish judges adopted a ‘better sooner than later’ logic, while the majority of Dutch judges emphasized that the highest courts have more time and expertise.
47
Medvedev, Stanislav V. "Evolution of the Law Making Function of the Court within the Framework of Russian Justice in Economic Disputes." Arbitrazh-civil procedure 12 (November 26, 2020): 47–51. http://dx.doi.org/10.18572/1812-383x-2020-12-47-51.
Abstract:
In the article the problem of law-making by commercial courts in modern Russian court system is considered. The article concerns the issue of evolution of the ways and modes of law-making of court system. Also the author analyses the problem of uniformity of law-enforcing and the role of Supreme court in law-making process. Author focuces on the specialities of judicial precedent in modern Russian court system as well.
48
Lambsdorff, Frederik Graf, and Yaqi Ma. "Irreconcilability and the Role of the CJEU post-Brexit." CUADERNOS DE DERECHO TRANSNACIONAL 16, no. 1 (February 29, 2024): 844–59. http://dx.doi.org/10.20318/cdt.2024.8449.
Abstract:
In the latest court decision in the context of the “Prestige” case, post-Brexit legal complexities came to the forefront. The “London P&I Club” contested a Spanish court’s decision demanding compensation for an oil spill. Invoking arbitration, the Club sought to prevent enforcement of the Spanish judgment in the UK. However, the CJEU ruled the arbitration couldn’t block the Spanish judgment’s recognition. Challenging this, Justice Butcher of the London High Court found the CJEU had overstepped its jurisdiction. He concluded the arbitration proceedings could indeed impede the Spanish judgment’s enforcement, highlighting tensions between UK courts and CJEU post-Brexit, and raising critical questions about arbitration’s role in international disputes and the principles of irreconcilability and public policy.
49
Arzu Jabbarov, Rahman. "THE ROLE OF COURT OF JUSTICE WITHIN THE EU TAXATION LAW." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 341–45. http://dx.doi.org/10.36719/2663-4619/65/341-345.
Abstract:
Key words: EU taxaion, functions Court of justice of EU, role of CJEU in EU taxation, creative jurisprudence Introduction The “European tax law” is a set of regulations issued by the EU institutions and designed to provide the control of tax matters over the tax legislations of the Member States. However, the existence of EU rules aimed to regulate the procedures for taxation in the European Member States is not enough to identify an area of an independent and autonomous law. In fact, if the tendency to profile the EU law is developing in the recent times, in order to valorize the regulatory provisions of specific areas of the legal system (giving a meaning to the definition of “European private law” or “European administrative law” or even “European trial law”), it must be considered that the identification of an autonomous sector of law requires the logic of a “legal system”; it basically implies the existence of principles and juridical values and the dynamic relationships between the norms. Therefore, the existence of a set of general rules by EU institutions cannot be considered sufficient to identify a “European tax law”; if these rules compose a mere aggregate without a functional meaning, the element of the systematic unity would be lacking and there should not be an autonomous order of law. In any case, there are several elements which lead to identify an independent and autonomous sector of law in the set of EU norms regarding the taxation law. On the other hand, it must be noted that the fiscal discipline drawn up by the EU sharply drifts away from the developmental lines of the modern tax law. In fact, the whole of the European fiscal regulations essentially meets the logic of the market integration on the basis of the principles of the trading free competetion regardless of the nationality or the residence. Therefore, the tax system is free of its potential load of “obstruction” regarding the free movement of capitals, people, goods or services (the four freedoms of European tradition), in order to show up as a system of “neutral” rules compared to the market and the economic forces of a “free system”. There is a complete lack of the tradition of the European constitutional values which characterize the basic skills of the taxation phenomenon. Particularly, it can be observed as a lack of the “fiscal interest”, intended as the general interest of the associates to the acquisition of tax resources in order to facilitate the social development, the institutional progress, the growth of the Welfare State and the essential equality of all the members of the civil community. Likewise, there is no trace of a reference to the ability to pay, an inescapable principle of distribution of tax burdens among the associates in order to ensure the concrete pursuit of a logic of the national wealth redistribution, which is at the same time a measure of guarantee and a safeguard of the individual sphere from the public administration excesses operated for the tax burden.
50
Lailam, Tanto, and M. Lutfi Chakim. "A PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 2 (2023): 148–71. http://dx.doi.org/10.22304/pjih.v10n2.a1.
Abstract:
The study aims to propose an adoption to concrete judicial review in Indonesian Constitutional Court based on the experiences of the German Federal Constitutional Court. It was motivated by the weak protection of citizen’s constitutional rights in ordinary court; and the absence of concrete judicial review authority at the Indonesian Constitutional Court. This study used doctrinal legal research method with legal documents or regulations, cases, and comparative analyses. This concrete review confirms the role of judges of ordinary courts in proceeding with the constitutional system, especially in protecting fundamental rights from the legislatures’ law violations based on Articles 93, 94, and 100 of the German Basic Law and the GFCC Act. The Indonesian Constitutional Court needs a concrete review authority in the future and the GFCC is the best judicial reference. There are several constitutional and legal arguments. Constitutional arguments and legal facts explain the necessity of the authority for the Indonesian Constitutional Court. Firstly, there are many cases faced by Indonesian Constitutional Court. Secondly, it can provide solutions for the dualism judicial review problem on conflicted decisions between the Constitutional Court and the Supreme Court. Thirdly, it can strengthen the role of judges in the Supreme Court (general, religious, military, and administrative courts) to generate the obligation to uphold the 1945 Constitution. The proposal through the amendment of the 1945 Constitution is an ideal way to create legal certainty and to strengthen institutions for the protection of fundamental rights in Indonesia.