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1
Bell, John. "Judicial Cultures and Judicial Independence". Cambridge Yearbook of European Legal Studies 4 (2001): 47–60. http://dx.doi.org/10.5235/152888712802761798.
Testo completoAbstract (sommario):
In this article, I argue that apparently common values, such as ‘judicial independence’ have significantly different meanings in different judicial cultures. As an illustration, I take Sweden and Spain, countries with very different histories and institutional arrangements. It is my contention that basic values are understood and implemented in the light of historical and institutional settings. These have given rise to issues which a nation’s judiciary feel it has to address and set the context in which the contemporary judiciary has to operate. The purpose is to examine how far national histories and traditions colour the understanding of common values, such as judicial independence and democracy in the judicial process.
2
Bell, John. "Judicial Cultures and Judicial Independence". Cambridge Yearbook of European Legal Studies 4 (2001): 47–60. http://dx.doi.org/10.1017/s1528887000004018.
Testo completoAbstract (sommario):
In this article, I argue that apparently common values, such as ‘judicial independence’ have significantly different meanings in different judicial cultures. As an illustration, I take Sweden and Spain, countries with very different histories and institutional arrangements. It is my contention that basic values are understood and implemented in the light of historical and institutional settings. These have given rise to issues which a nation’s judiciary feel it has to address and set the context in which the contemporary judiciary has to operate. The purpose is to examine how far national histories and traditions colour the understanding of common values, such as judicial independence and democracy in the judicial process.
3
Anikeev, I., e P. Shumov. "Efficiency of Judicial Process". Bulletin of Science and Practice 5, n. 6 (15 giugno 2019): 425–31. http://dx.doi.org/10.33619/2414-2948/43/57.
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4
Katzmann, Robert A. "The Judicial Confirmation Process". Brookings Review 10, n. 1 (1992): 5. http://dx.doi.org/10.2307/20080264.
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5
Al Din Al Hajjaji, Shams. "The Reform of Judicial Appointment Process in the Ordinary Judiciary in Egypt". Middle East Law and Governance 10, n. 1 (28 marzo 2018): 1–24. http://dx.doi.org/10.1163/18763375-01001002.
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This article argues for the necessity of the reform of the judicial appointment qualification, and the judicial appointment powers in Egypt. The article presents judicial appointment process and requirement as the main case study. It illustrates the difference between de facto and de jure in the judicial appointment system in Egypt. These differences pave the road to a deeper understanding of legal and political aspects of discrimination against the poor, woman and political opposition within the appointment process. The article discusses the contemporary challenges in judicial appointment. The challenges can be summarized into: gender inequality, elimination of political minorities, and under-privileged citizens. Finally, the article proposes a solution for the problems identified in this article. These solutions are based on reforming the both the judicial appointment qualification, and the judicial appointment powers in Egypt.
6
Laidler, Paweł. "Judicial activism and the American election process". Politologia 2 (27 novembre 2020): 5–36. http://dx.doi.org/10.21697/p.7281.
Testo completoAbstract (sommario):
This article analyses the phenomenon of judicial activism in the American electoral process. It tries to estimate whether the political system of the United States of America has become hostage to the law-making role of the judiciary, which actively controls the compliance of election laws with the Constitution, thus drawing courts into purely political processes, or whether the nature of the disputes settled by judges rather makes it impossible for them to avoid being influenced by and influencing issues of a political nature. The article analyses various legal acts and court decisions, mostly concerning the current status of federal campaign finance in the United States, and demonstrates that more spheres traditionally reserved for other branches of government are being appropriated by the judicial branch.
7
IRIARTE IRURETA, MIREN IZASKUN. "BULEGO JUDIZIAL BERRIA EUSKADIN". RVAP 91, n. 91 (1 dicembre 2011): 259–81. http://dx.doi.org/10.47623/ivap-rvap.91.2011.06.
Testo completoAbstract (sommario):
En estos momentos está en marcha el proceso implantación de la
Oficina Judicial en los partidos judiciales de Euskadi. Dado que lo que se conoce
como «Nueva Oficina Judicial» supone una profunda reforma en la Administración
de Justicia, esta reestructuración, en Euskadi, se llevará a cabo de forma gradual.
Este texto pretende presentar el alcance de la Nueva Oficina Judicial y en
qué consiste, cómo se ha organizado y se está llevando a cabo la implantación de
la Nueva Oficina Judicial en Euskadi en el marco del plan que aprobó el Gobierno
Vasco con ese fin, el sistema de calidad que se ha previsto, las conclusiones extraídas
de las primeras Oficinas Judiciales implantadas y los retos del conjunto
del proceso. Gaur egun Bulego Judizial Berriaren (BJB) ezarpenaren prozesua
abian da Euskal Autonomia Erkidegoko barruti judizialetan. «Bulego Judizial
Berria»-tzat ezagutzen den Justizia Administrazioaren eraldaketa sakona dakarrenez,
berrantolaketa hau gradualki egingo da Euskadin. Testu honen helburua da
aurkeztea Bulego Judizial Berria zer den eta zer suposatzen duen, nola antolatu
eta gauzatu den Euskadin Bulego Judizial Berriaren ezarpena horretarako propio
Eusko Jaurlaritzak onartu zuen planaren eremuan, aurreikusita duen kalitate-sistema,
lehen Bulegoen ezarpenaren ondorioak zeintzuk izan diren eta prozesu osoaren
erronkak. Nowadays the implementation process of the Judicial Office in the
Judicial Districts of the Basque Country is taking place. This new «Judicial Office»
brings about a deep and thorough reform in the Administration of Justice and its
functioning. Therefore this reorganisation process will be implemented gradually.
This article aims to discuss the meaning and the implications of the New Judicial
Office, to describe how the implementation of the New Judicial Office in the
Basque Country has been organized and applied within the framework of the
Implementation Plan adopted by the Basque Government, including the qualitysystem
for the Judicial Office, and finally to draw the lessons learned from the
process of implementation as it has been taking place within the first Judicial
Offices. The challenges of the whole process are thus brought to the fore.
8
Lonskaya, Svetlana. "Development of Professional Judicial Corporation in Russia in XVIII–XXI centuries". Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, n. 2 (16 maggio 2024): 195–204. http://dx.doi.org/10.21603/2542-1840-2024-8-2-195-204.
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The article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.
9
Knežević-Bojović, Ana, e Vesna Ćorić. "Educational dimension of judicial self-governance in the exercise of the judicial independence principle: The case of Serbia in the European integration process". Socioloski pregled 58, n. 1 (2024): 179–205. http://dx.doi.org/10.5937/socpreg58-47647.
Testo completoAbstract (sommario):
The rule of law is the cornerstone of democracy and the European Union accession process. Independent judiciary is an important facet of the rule of law, while judicial competence and judicial self-governance are among its elements. One of the dimensions of judicial self-governance is its educational function. By using dogmatic, exegetic and empirical legal methods, the paper examines the extent to which the demands formulated in interim benchmarks for Chapter 23 are aligned with the well-balanced approach to the principle of judicial self-governance and, further, the manner in which such self-governance is implemented in practice within the framework of the process for the adoption of the multiannual work program of the Serbian Judicial Academy. The authors conclude that the plan preparation process represents an adequate platform for duly observing the said concept, while the program itself can contribute to improving the competence of judges and, consequently, strengthening their independence.
10
Omodele, Adeyemi Oyedele, e A. Olugasa Olubukola. "The Pros and Cons of Technology in the Judicial Process in Lagos State, Nigeria". African Journal of Humanities and Contemporary Education Research 13, n. 1 (31 gennaio 2024): 329–40. http://dx.doi.org/10.62154/f6zr1292.
Testo completoAbstract (sommario):
The application of scientific knowledge to the practical aims of humans to the change and manipulation of the human environment is called technology. Its application to the judicial process in Lagos State Judiciary has made it easier to access information, file court processes, enable swift, and accurate research, and improve the delivery of justice thereby curbing the delay in the dispensation of justice though this is with some qualifications. The study juxtaposed and analysed the advancement of technology in the judicial process in Lagos State, Nigeria. Historical and case study designs were adopted. Doctrinal method was used in data collection. The primary sources of data were the Constitution of Federal Republic of Nigeria 1999 (as amended), Lagos State High Court (Civil Procedure) Rules 2019; Magistrates’ Court (Civil Procedure) Rules 2009; Lagos State Chief Judge Practice Direction dated April 27, 2020; sources of secondary data were published textbooks, law reports, scholarly peer-reviewed journals, and articles. Data were content-analysed and presented thematically. Findings revealed that technology is needed for the advancement, development, and growth of the judicial process in Lagos State. Many a lawyer and litigants have not utilised the technology in the state’s judiciary. There is no clear legislation in the state protecting or guiding the utilisation of technology in the judiciary save the practice direction issued by the state’s chief judge in 2020. The study concluded that technology is necessary in advancing the judicial process in Lagos State. The study recommended that lawyers and litigants are to be properly educated vide seminars on how to ustilised technology in advancing the judicial process. The Lagos State House of Assembly should initiate a bill for the utilisation and applicability of the technology in the state’s judiciary.
11
Fifiana, Eveline. "EKSISTENSI KEKUASAAN KEHAKIMAN ( JUDICATIVE POWER) DALAM MEWUJUDKAN INDEPEDENSI PERADILAN DAN PERADILAN YANG BERSIH". Solusi 16, n. 3 (1 settembre 2018): 266–73. http://dx.doi.org/10.36546/solusi.v16i3.128.
Testo completoAbstract (sommario):
Every Indonesian citizen has the obligation to uphold the applicable law. Every implemented law has a demand for justice. Judicial power must exist in every democratic State of Law, tasked with upholding and overseeing the enactment of the applicable law and regulations (ius constitutum) in order to realize justice. Law without justice will be in vain, as a result, law will become invaluable before community. To answer the problems in this study, the researcher used a normative juridical approach, descriptive qualitative in nature. In this research, law enforcers, especially judges, must uphold the authority of the law and uphold the value of trust in society. The important prerequisites in upholding law and justice in the wolrd of justice is noble, clean, honest, professional, high integrity, high moral, and dignified judge. Supreme Court and Constitutional Court as judicial power holders, along with Judicial Commision in the scope of judiciary powers, not only have the authority to guide the judges but also have the authority to maintain the independency of judiciary powers from the influence of government and outside government parties by minimizing the subjectivity in recruitment process of prospective judges and supreme judges. The independency of judicial power is not enough, because law enforcers, especially “bad” judges can take refugee under the independency of judicial power. To build an “ideal” Judge or Supreme Judge who will fulfill the people needs of justice, the Judge or Supreme Judge recruitment process conducted by Judical Commission need to be strict while increasing the control over the implementation of power to minimize the arbitrary acts and abusive judge’s power. High commitment, consistency, adhering to the principles and code of ethics in carrying out their duties will lead to a clean, authoritative judiciary in the eyes of the society so that the hope of upholding independent judicial power will be realized while at the same time bring improvements to the Indonesian justice situation.
12
Flood, John, Judith N. Levi e Anne Graffam Walker. "Language in the Judicial Process." Contemporary Sociology 20, n. 6 (novembre 1991): 926. http://dx.doi.org/10.2307/2076204.
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13
Parker, Paul. "Judicial Process Texts and Readers". Journal of Political Science Education 2, n. 2 (agosto 2006): 229–33. http://dx.doi.org/10.1080/15512160600669254.
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K. Koradhanyamath, Vijayalakshmi, e Sandeep C. Desai. "JUDICIAL ACTIVISM AND OVERREACH IN INDIA". International Journal of Advanced Research 11, n. 07 (31 luglio 2023): 1070–78. http://dx.doi.org/10.21474/ijar01/17318.
Testo completoAbstract (sommario):
The researcher has worked on the Judicial Activism & overreach in India,This new epitope is exploring Indian Judiciary,Judicial Review,Art.32 and 226 of constitution,PIL,Substantive due process and Art.21 of the Indian constitution,Legislationby the Judicial Activism to overreach.
15
Lehka, I. V. "Peculiarities of normative formation of the idea of the publicity of the judicial process in the territory of Ukraine as a constitutional principle". Analytical and Comparative Jurisprudence, n. 5 (30 dicembre 2022): 76–81. http://dx.doi.org/10.24144/2788-6018.2022.05.14.
Testo completoAbstract (sommario):
In the article, the author examines the peculiarities of the normative consolidation of the principle of glasnost in the legal monuments of various historical stages of the formation of the Ukrainian state, attention is drawn to the approaches to society's perception of norms regarding certain elements of glasnost judicial proceedings in different periods in the history of the development of Ukrainian law. It was established that the reflection of the idea of the publicity as a value and need of society dates back to ancient times and through certain aspects can be traced in legal sources from Kyivan Rus. Attention is drawn to the fact that the legal sources that extended their influence to Ukrainian lands established the requirements of "publicity", "publicness", "openness", orality of judicial proceedings, the implementation of which influenced the formation and further development of society's ideas about the court and the judiciary, contributed to the strengthening of the request society for a fair trial, and therefore the development of the idea of transparency of the judicial process.
At the level of constitutional and legal regulation, the publicity of the judicial process for a long time did not find its full and comprehensive recognition, legal consolidation precisely as one of the main principles of the judiciary, because the principle of "openness" of the consideration of cases was consistently proclaimed in the studied constitutional acts, which cannot be considered a complete reflection of all aspects of the principle of judicial transparency. Instead, the category of "glasnost" of the judicial process is studied at the level of legal doctrine, mostly actively researched in scientific works devoted to issues of procedural law, the judicial system and the judiciary. Although the constitutional norms did not contain a reference to the concept of "openness", in many scientific works, researchers defined the openness of judicial proceedings as a fundamental constitutional principle, relying on the constitutional norms on the openness of court hearings.
With the adoption of the Constitution of Independent Ukraine, the publicity of the judicial process as a broader constitutional and legal requirement for the administration of justice was enshrined in the system of the basic principles of the judiciary.
16
MOVCHAN, V. V. "THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS". Herald of Civil Procedure 11, n. 2 (30 giugno 2021): 205–25. http://dx.doi.org/10.24031/2226-0781-2021-11-2-205-225.
Testo completoAbstract (sommario):
The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.
17
Mesa Göbel, José Manuel. "Aspectos protocolarios y de ceremonial en la Ley Provisional sobre organización del Poder Judicial de 1870 | Protocol and ceremonial aspects in the Transitional Act on the Judicial System (1870)." REVISTA ESTUDIOS INSTITUCIONALES 7, n. 12 (20 luglio 2020): 131. http://dx.doi.org/10.5944/eeii.vol.7.n.12.2020.26930.
Testo completoAbstract (sommario):
La instauración de un Gobierno Provisional tras la Revolución de 1868 traerá de forma inmediata un proceso regulador en materia judicial que desembocará en la Ley Orgánica Provisional del Poder Judicial, la cual en su articulado regulará aspectos protocolares y de ceremonial, entre otros aspectos relacionados._________________________________________The establishment of the Provisional Government following the 1868 Revolution will immediately bring about a regulatory process of the judiciary, leading to the Transitional Organic Act on the Judicial System, which will include regulations concerning protocol and ceremonials, among other related aspects.
18
Navot, Suzie. "Judicial Review of the Legislative Process". Israel Law Review 39, n. 2 (2006): 182–247. http://dx.doi.org/10.1017/s0021223700013066.
Testo completoAbstract (sommario):
Should the process by which laws are enacted affect their legislative validity? This Article attempts to provide a justification for judicial review of the legislative process and suggests that the court should encourage legislative due process. Lawmaking means responsible lawmaking, and the court should thus be able to ensure a minimal due process of lawmaking by reviewing the legislative process. To date the Israeli Supreme Court has refrained from judicial review of Knesset legislation by virtue of flaws in the legislative process. Recently however, Supreme Court judgments seem to have endorsed a form of judicial review of the legislative process, at least de jure. This Article presents the theoretical and comparative frameworks for judicial review of the legislative process and scrutinizes the law in those countries that conduct judicial review of procedurally defective laws together with an examination of the particular features of the rules governing such review. In comparative law, the characteristics of judicial review of the legislative procedures are similar to those manifested in the question of judicial review of legislation, and based on the same premises. In Israel as well, judicial review of legislation is based on the existence of a supreme constitutional norm, of basic rights and fundamental principles. The Article concludes by proposing that the main characteristics of judicial review: constitutionality, proportionality, and restraint should dictate the relationship between the Supreme Court and the Parliament in all aspects of judicial review.
19
Гук, Павел, e Pavel Guk. "Judicial Interpretation of the Law". Journal of Russian Law 4, n. 8 (8 agosto 2016): 0. http://dx.doi.org/10.12737/20905.
Testo completoAbstract (sommario):
The article deals with the interpretation of the law by the judiciary. Normative legal acts in the process of their application can not always regulate social relations, resulting in the uncertainty of their application. Judicial interpretation of the law by the highest judicial authorities provides necessary assistance to the law enforcement authority having, which gives certainty and unity of their application to specific legal disputes. Judicial interpretation in the enforcement process remains valid at the present time that requires the theoretical and practical research. Theory of judicial interpretation of the law will tend to develop skills to understand the specifics of formation and application of acts of judicial interpretation.
20
Chávez, Rebecca Bill. "The Appointment and Removal Process for Judges in Argentina: The Role of Judicial Councils and Impeachment Juries in Promoting Judicial Independence". Latin American Politics and Society 49, n. 2 (2007): 33–58. http://dx.doi.org/10.1111/j.1548-2456.2007.tb00406.x.
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AbstractThis article explores the conditions that allow judicial councils and impeachment juries to promote judicial autonomy. In theory, these bodies intervene in the appointment and removal of judges in order to reduce executive control over court composition, thereby promoting judicial independence. Using the case of Argentina at the federal and the subnational levels, this study demonstrates that competitive politics enhances the capacity of judicial councils and impeachment juries to bolster judicial autonomy. Interparty competition provides incentives for the executive to develop a meaningful system of checks and balances, which includes an independent judiciary that can check executive power. In contrast, monolithic party control—defined as a prolonged period of unified government under a highly disciplined party—permits the executive to maintain a monopoly on power and thereby control judicial appointments and removals.
21
Abdrasulov, E. B., G. S. Ryszhanova e A. B. Saktaganova. "Judicial practice and its role in the development of the national legislation of the Republic of Kazakhstan". BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 144, n. 3 (2023): 51–62. http://dx.doi.org/10.32523/2616-6844-2023-144-3-51-62.
Testo completoAbstract (sommario):
Theoretical and practical significance of the topic of judicial practice is predetermined by the increasing influence of its role in the development and improvement of national legislation. In the system of separation of powers, the judiciary traditionally refrains from creating new legal regulations, ensuring only the application of legal norms in the process of justice. At the same time, the system of separation of powers assumes not only mechanisms of checks and balances, but also methods of interaction of various branches of government. In the process of such work, it is possible and necessary for the judicial system to participate in the development and improvement of legislation. Specification and detailing of the norms of laws is carried out today in the process of adopting regulatory decisions of the Supreme Court of the Republic of Kazakhstan, established in the Constitution of the Republic of Kazakhstan as a valid law. However, not only in the process of direct law-making it is possible for the judiciary to develop a system of norms of national law. Judicial practice as a plurality of judicial acts formed in the course of the activities of judicial bodies, their generalization by judicial collegiums of the Supreme Court of the Republic of Kazakhstan act as an auxiliary source of law, filling in gaps in the current legislation, offering recommendations for improving the mechanism of legal regulation and thereby ensuring its development and improvement. In this aspect, an important direction in the study of judicial practice today is the scientific understanding of the question of how far the limits of judicial law-making extend, what is its relationship with the interpretation of law, the judicial consciousness of the judge, the application of law and the law by analogy, what are the legal principles of judicial practice. The article examines these issues with the analysis of court decisions and their generalizations.
22
Allen, Angela. "The Judicial Election Gag Is Removed-Now Texas Should Remove Its Gag and Respond". Texas Wesleyan Law Review 10, n. 1 (ottobre 2003): 201–27. http://dx.doi.org/10.37419/twlr.v10.i1.10.
Testo completoAbstract (sommario):
This Note begins by examining the facts of Republican Party of Minnesota v. White.Il Second, it examines the history of the judicial election system in Texas. Third, it examines the development of the Texas Code of Judicial Conduct and compares the American Bar Association's (ABA) past and current judicial codes with the Texas counterparts. Fourth, the Note analyzes the Supreme Court's decision and discusses the ramifications the White ruling will likely have on the judicial election process in Texas. Finally, this Note discusses possible alternatives to the electoral process in an effort to respond to the likely ramifications of White as well as improve the judiciary in Texas.
23
Tilley, Alison, e Zikhona Ndlebe. "Judical Appointments in South Africa". British Journal of American Legal Studies 10, n. 3 (1 dicembre 2021): 457–78. http://dx.doi.org/10.2478/bjals-2021-0013.
Testo completoAbstract (sommario):
Abstract South Africa is widely regarded as a model of a constitutional democracy on the African continent. This is partly because of the progressive Constitution adopted in 1996 and the fact that the country has consistently managed to conduct democratic, free and fair elections since the end of apartheid in the early 1990s. The sustainability of South Africa's constitutional democracy rests on the ability of the judiciary to ensure compliance with the constitution. The competence and credibility of the judiciary hinge on the appointment of judges who are able to reflect the diversity of the country, act without fear or favor, and develop a jurisprudence which creates and deepens constitutionalism. Judicial independence is a key component of the credibility of the judiciary. The inconsistent application of norms and standards when selecting and appointing judges tends to undermine the credibility of the appointments process. The process of judicial selection and appointment in South Africa begins with the Judicial Service Commission (JSC) advertising the existing judicial vacancies. After that, the JSC shortlists candidates who are then interviewed. Following these interviews, the JSC shortlists candidates for possible appointment by the President. A review of the transcripts of interviews conducted by the JSC from April 2014 to October 2019 shows patterns of discrepancies in the types of questions which candidates vying for the same judicial position are required to answer. This Article explains the process followed by the JSC, and then identifies and analyzes the discrepancies in the process employed by the JSC. The Article then demonstrates the negative impact which the discrepancies have had on both the quality of the judicial selection process and the quality of candidates shortlisted for appointment. Furthermore, this Article makes recommendations on how South Africa can draw from international norms and standards as well as good practices from comparative jurisdictions, to enhance consistency and fairness in its judicial selection and appointments processes.
24
Rumadan, Ismail. "PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)". Jurnal Hukum dan Peradilan 3, n. 3 (28 novembre 2014): 243. http://dx.doi.org/10.25216/jhp.3.3.2014.243-252.
Testo completoAbstract (sommario):
Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement
25
Jiménez Ramírez, Milton César. "Weak Procedural Constitutionalism. The Judicial Process as Legitimacy of Judicial Review". ICL Journal 18, n. 1 (1 marzo 2024): 59–76. http://dx.doi.org/10.1515/icl-2023-0032.
Testo completoAbstract (sommario):
Abstract This paper proposes a synthesis that renders democratic principles compatible with the preservation of judicial control of constitutionality. This has been mediated by what I have called ‘weak procedural constitutionalism’, a methodology through which constitutional conflicts are debated in the legislature and among the citizenry as the real holders of the final say in society, with judicial activity focused on an intermediate say and the promotion of subsequent social deliberation. The judicial process thus becomes a public dialogical procedure susceptible to intervention by citizens and capable of generating public information processes facilitating accountability. The constant quest for instrumentalities that increase the democratic legitimacy of constitutional courts is an existential necessity. Only through real opportunities for dialogue and citizen participation in the decision-making process can judicial review be made democratically palatable. This requires that both judges and legislators play an intermediate rather than primary role, one in which democratically elected legislatures enjoy a high degree of legitimacy in adopting decisions, in juxtaposition with the derivative legitimacy appurtenant to constitutional courts. The premise for the exercise of what I denominate as weak constitutionality control, or the hypothesis for a weak procedural constitutionalism, is a possible synthesis of the tension between constitutionalism and democracy, with emphasis on the Colombian case.
26
Sudirman L, Wirani Aisiyah Anwar, Sunuwati Sunuwati e A. Rio Makkulau Wahyu. "Judicial Institution and Judicial Power: How Judicial Authority Existence in Administering Judicial Power in the Islamic View". DIKTUM: Jurnal Syariah dan Hukum 20, n. 2 (28 dicembre 2022): 169–83. http://dx.doi.org/10.35905/diktum.v20i2.3544.
Testo completoAbstract (sommario):
The judiciary is very important thing to be paid attention, due to its effects on the integrity of the nation as well as state, even in the pre-Islam era up to current days. This study aims to expose the existence of the judicial institution`s authority in administering a judicial power. This research applied library method. The data collected form literature, and the analysis technique used the descriptive analysis based on the evidence of judicial institutions. The court is authority institutions which conduct a justice, trough examining and deciding cases of legal disputes or violations of laws. Wilayatul Hisbah whose main authority is to settle minor criminal acts which are do not require a judicial process in their settlement. In supporting this authority, there is such fatwa council, tahkim or arbitration institution that was held as an institution for implementing judicial power in Islam
27
Achode, Lydia. "Judicial Ethics: A Key Tenet to Legal Ethics". Strathmore Law Journal 6, n. 1 (17 novembre 2022): 257–67. http://dx.doi.org/10.52907/slj.v6i1.183.
Testo completoAbstract (sommario):
Judicial ethics are arguably one of the most important aspects of legal ethics Values of legal ethics such as decorum, dignity, courtesy, and rationality that were emphasized by the late but still foremost scholar of professional legal ethics, Deborah Rhode, readily apply to the judicial context.. Related to these values, judicial ethics ensures that three important attributes or three ‘Is’ characterise the judicial process and the conduct of judicial officers: independence, impartiality and integrity. Adherence to these three principles of judicial ethics is key in securing the administration of justice, professional discipline in the judiciary, and public confidence. This article therefore takes the view that the competence of judges not only includes their academic qualifications but their possession of qualities necessary to fulfil the three Is and other standards of ethical judicial conduct. Moving from this understanding, the article analyses how judicial ethics, as a derivation of legal ethics, shapes the role of judges and, further, how Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations integrates established principles of judicial ethics. From this analysis, the author argues that judicial ethics are inseparable from judicial competence and that Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations effectively reflect the necessary principles of judicial ethics. Thus, continued enforcement of the judicial Code of Conduct and Ethics is essential to safeguarding judicial ethics in the Kenyan judiciary.
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Zaritskyi, M. D., e N. O. Galushka. "Judicial expenses in the economic process". Herald of Lviv University of Trade and Economics. Law sciences, n. 8 (2019): 52–61. http://dx.doi.org/10.36477/2616-7611-2019-08-06.
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Covelli, Nick M., e Rajeev Sharma. "Process, Judicial Economy and Procedural Rights". Journal of World Intellectual Property 5, n. 4 (1 novembre 2005): 591–611. http://dx.doi.org/10.1111/j.1747-1796.2002.tb00174.x.
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Dorin, Dennis D. "Law, Courts, and the Judicial Process". Perspectives on Political Science 21, n. 3 (giugno 1992): 132–33. http://dx.doi.org/10.1080/10457097.1992.9941843.
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Park, W. W. "Judicial Controls in the Arbitral Process". Arbitration International 5, n. 3 (1 settembre 1989): 230–79. http://dx.doi.org/10.1093/arbitration/5.3.230.
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Warbrick, Colin. "Judicial Jurisdiction and Abuse of Process". International and Comparative Law Quarterly 49, n. 2 (aprile 2000): 489–96. http://dx.doi.org/10.1017/s0020589300064265.
Testo completoAbstract (sommario):
British cases used to be widely relied upon to show that courts were entitled to hear criminal proceedings against defendants brought before them without having to enquire into the process by which custody over them had been obtained: and specifically, that there was no bar to proceeding where the allegation was made that custody had been obtained in breach of international law.1 The consistency of the doctrine was breached by Mackeson2 when the English court refused to hear the case against a defendant who, it accepted, had been brought to England by a collusive process between the English and Zimbabwean authorities, which arguably breached both national laws, even if it did not involve a breach of international law. While the previous orthodoxy soon reasserted itself in Driver,3 the edifice of authority was substantially undermined in Bennett4 when the House of Lords acceded to the claim of the applicant that proceedings against him would be an abuse of process, given the circumstances in which his presence in the United Kingdom had been achieved. Outside the United Kingdom, the practice in other States continued in different directions, sometimes confirming the old position of male captus, bene detentus,5 sometimes the reverse.6
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Willett, Robert E. "Judicial process hurts the new competitor". Natural Gas 6, n. 12 (20 agosto 2008): 15–16. http://dx.doi.org/10.1002/gas.3410061206.
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Shveda, B. V. "Judicial discretion in the administrative process". Analytical and Comparative Jurisprudence, n. 6 (27 dicembre 2023): 528–32. http://dx.doi.org/10.24144/2788-6018.2023.06.92.
Testo completoAbstract (sommario):
In the article, based on a systematic analysis of the current national legislation and the provisions of the European Court of Human Rights, judicial discretion in the administrative process is considered. The topicality of the topic is determined by the fact that the study of the nature of law enforcement will allow us to determine the role of discretion in legal activity, mark its place in the arsenal of legal regulation tools, and create conditions for increasing the social significance of law. The methodological basis is a collection of general scientific research methods, such as analysis and synthesis of the obtained results. Special and private scientific methods were also used: logical, systematic, comparative legal, functional, sociological, axiological. The subject is theoretical conceptual developments regarding judicial discretion and its limits. Judicial discretion in the Romano-Germanic legal family under the rule of the doctrine of legal positivism, which is complemented by the natural-law direction, in the operational aspect represents a choice made within the limits of the legal norm. It is noted that lawenforcement discretion is an activity of authorized legal subjects carried out taking into account and within the limits of the law, which provides for the possibility of choosing the optimal decision in a legal case. Limits of discretion are legal frameworks established by legal means that limit the scope of application of law. Based on the legal nature of lawenforcement relations, which have a dual structure, which includes the material-legal content and the procedural-procedural form of the exercise of the judicial discretion when considering a specific case, they are determined by material-legal means, which consist of: orders of the material norm of the law; circumstances of the case; provisions of court practice; principles of law. As for the procedural aspect, the limits of judicial discretion are defined by means of the powers of the court; the content of the demands; procedural terms; subject boundaries. Further research involves determining the impact of information technology on judicial discretion.
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Buzescu, Gheorghe. "Expertise in the criminal judicial process". Technium Social Sciences Journal 54 (9 febbraio 2024): 216–33. http://dx.doi.org/10.47577/tssj.v54i1.10618.
Testo completoAbstract (sommario):
Only on the basis of the exact establishment of the factual circumstances of the case, the judicial team can resolve the respective case, applying the provisions contained in the law on liability for such a situation. The judicial team will pronounce, thus, a sound and legal decision, a convincing decision both for the parties in the process and for those outside, this is necessary to ensure the preservation of legality and by law.
The experts, as means of proof are used by the judicial bodies in those cases in the salt, to foresee some facts, to establish the southern connection between them, are necessary special knowledge in the field first, techniques or arts. It is not possible for the judicial team to be a specialised in all matters, and even a more complete general training could not (at this stage of development of science and technology) equally cover the the field, in all its aspects. To this it is necessary to add that in some situations a special effort is required, as a rule, it cannot be done outside the court or only with the help of some technical means. The necessity of using experts is so obvious, but it cannot be denied. More than that, it was argued that even in the case where the court would have a specialist, such a situation cannot eliminate the need to call in experts, even though the judge and the expert have the functions of the process other differences. On the other hand, the utility of using this means of evidence in the activity of the judicial team is reflected in laws and other such regulations, the legislator itself providing for the obligation to resort to expertise in certain situations. At the same time, the establishment of some state institutions intended for this purpose, the election of experts from among the specialists and the higher salification, clearly demonstrates the importance of the institution.
The emphasis made in the preceding lines regarding the importance of these means of evidence and scientific evidence, should be understood in the sense that the expert's opinion does not have absolute probative force, being subject to freedom of expression of the judicial body in the light of his legal conscience and according to his conviction. Although the expertise is not decisive in resolving a dispute, it does not oblige the judicial body to give a certain solution, and only gives it the possibility to form its own opinion. It is obvious, however, that given the basis of the scientific argument of the opinion expressed by the expert, the rejection of the expert's conclusions on the grounds that they would not be convincing or the maintenance of these conclusions, although to remove one or all parts of the process, it will have to be motivated and special care.
36
Andrews, Penelope E. "The South African Judicial Appointments Process". Osgoode Hall Law Journal 44, n. 3 (1 luglio 2006): 565–72. http://dx.doi.org/10.60082/2817-5069.1288.
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Rachman, Irfan Nur. "Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice". Hasanuddin Law Review 5, n. 1 (4 maggio 2019): 86. http://dx.doi.org/10.20956/halrev.v5i1.1471.
Testo completoAbstract (sommario):
Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of recruitment of constitutional justices, and producing decisions containing new legal breakthroughs, so that will be realized a qualified judicial institution.
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Karim, Muhammad Firman, Yulia Budiwati, Seno Wibowo Gumbira, Megafury Apriandhini e Tri Sumardjoko. "The Relationship between Political Configuration and the Characteristics of Judicial Power and the Implications for the Judicial Process in Indonesia to Realize Social Justice in Society". http://journal.hmjournals.com/index.php/JLS/issue/view/356, n. 36 (9 novembre 2023): 18–27. http://dx.doi.org/10.55529/jls.36.18.27.
Testo completoAbstract (sommario):
This article discusses the relationship between political configuration and the characteristics of judicial power exercised by the Supreme Court and Constitutional Court in Indonesia. In writing this article, a normative approach is used in the form of legal history and comparative law. There is a very close relationship between political configuration and the characteristics of judicial power in Indonesia so that it can influence judicial power in Indonesia. The form of political configuration intervention in judicial power is not implementing the decisions of the judiciary and replacing judges in the Supreme Court and Constitutional Court in Indonesia. This causes the level of public (society) trust in judicial power and law in Indonesia to decline drastically and of course, cannot realize social justice in Indonesia.
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Mwaikusa, J. T. "The Limits of Judicial Enterprise: Judicial Powers in the Process of Political Change in Tanzania". Journal of African Law 40, n. 2 (1996): 243–55. http://dx.doi.org/10.1017/s0021855300007804.
Testo completoAbstract (sommario):
In the past few years the High Court of Tanzania has produced some bold decisions demonstrating an impressively firm stand by the judiciary in its role of dispensing justice without fear of executive threat or intimidation. Most of these decisions came after the Bill of Rights, enacted into the Constitution in 1984, became justiciable in 1989 and widened the scope of judicial control of executive powers.
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Dr. G A Solanki, Dr G. A. Solanki. "New Jurisprudence and Judicial Process- Blending of New Constitutional Values". Indian Journal of Applied Research 2, n. 1 (1 ottobre 2011): 103–4. http://dx.doi.org/10.15373/2249555x/oct2012/35.
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Begum Talukdar, Nikita. "Judicial Process: The Supreme Court's Perspective on Its Own Jurisdiction". International Journal of Science and Research (IJSR) 12, n. 12 (5 dicembre 2023): 1615–19. http://dx.doi.org/10.21275/sr231221103732.
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Kashindi, George, e Hannah Wamuyu. "Civil court staff in Kenya: working conditions and legal training for an effective procedure". KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, n. 1 (2019): 30–42. http://dx.doi.org/10.5771/2363-6262-2019-1-30.
Testo completoAbstract (sommario):
Courts are very important because their pronouncements become part of the law in light of the provisions of section 3 of the Judicature Act, 1967. Therefore, the process of making judicial determinations on issues before courts must be treated with the necessary efficiency. Delivery of justice involves both judicial and administrative work. That is to say, for expediency in the administration of justice to be met, there is a need for other administrative functions which cannot be done by the judges. Therefore, the role of judicial staff in case management is critical in the functioning of the judiciary. Though the Judiciary has come up with different initiatives to build capacity for judicial staff, the initiatives including the approval of the Judiciary Human Resources Policies and Procedure Manual 2014, continue to exist amidst serious training and human practice challenges on motivation, security, and adequacy of facilities. This paper discusses the initiatives that the Judiciary has put in place to attract and maintain the best human resource capital. It proposes that strategic investment in information and communication technology will help overcome the challenges as the Judiciary moves towards its identified strategic direction of quality judicial service.
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Stakhov, A. I. "The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process". Siberian Law Review 18, n. 3 (21 ottobre 2021): 313–27. http://dx.doi.org/10.19073/2658-7602-2021-18-3-313-327.
Testo completoAbstract (sommario):
The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process.
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Evloev, I. M. "The Legal Nature of the Judicial Compliance Assessment". Siberian Law Herald 1 (2021): 8–13. http://dx.doi.org/10.26516/2071-8136.2021.1.8.
Testo completoAbstract (sommario):
The article examines the legal nature of the judicial compliance assessment, its correlation with the concepts of «judiciary»,«justice», «compliance assessment», «judicial control», «legal proceedings». In the legal literature the essence of this category is defined differently: it is considered as a function, objective, means, activities, process. Describing the concept of “function” as the main direction of the activity of different authorities, judicial compliance assessment is considered to be one of the functions (essential manifestations) of the judiciary. The leading role in the implementation of separation of powers and effective participation of courts in the system of checks and balances allows us to consider this institution as a function fulfilling the purpose of the judicial power. The judicial compliance assessment is a part of justice, which is the main function of the judiciary, and it’s implemented through constitutional, civil, arbitration, administrative and criminal proceedings. Thus, the legal proceedings are a form of realization of the compliance assessment functions of the judiciary. At the same time, the judicial compliance assessment is a kind of compliance assessment in general as the activity of the entire system of the competent authorities to assess regulations. Based on the results of the analysis of various positions of lawyers regarding the legal nature and content of judicial compliance assessment author offers his vision of the place of this institution in the system of functions of the judiciary and its main characteristics.
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Samofalov, L. P., e О. L. Samofalov. "Сoncepts and elements of judicial enforcement". ScientifiScientific Herald of Sivershchyna. Series: Law 2021, n. 2 (5 ottobre 2021): 33–45. http://dx.doi.org/10.32755/sjlaw.2021.02.033.
Testo completoAbstract (sommario):
The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.
46
Kmezic, Marko. "The Judicial Academy as conditio sine qua non for the Effectiveness and Efficiency of the Serbian Judiciary". European Public Law 21, Issue 3 (1 agosto 2015): 509–25. http://dx.doi.org/10.54648/euro2015028.
Testo completoAbstract (sommario):
The Serbian judiciary is inefficient, politically dependent, expensive, and placed in a perpetual reform cycle. This is why the reform of the Serbian judicial apparatus is set high on the European Accession negotiations agenda. Reasons for the underperformance of the judiciary are manifold, and, for the need of this study, I will try to associate them with two independent variables. The primary source of the crisis of the judiciary is reflected in the deficiencies of general legal education and expert training, as well as the outdated system of evaluation for prudence and skills of the holders of judicial functions. Secondary sources are derived from permanent endeavours of the executive powers, and other, more informal, sources of power that place the judiciary under their patronage. Precisely along these lines, are the European Commission’s demands that Serbia should establish a transparent and open method of entering into the judiciary through the process of selecting successful candidates. With this study, it is my goal to analyse the extent to which the newly established Serbian Judicial Academy is capable of remedying observable problems, and contributing to the establishment of a competent and efficient judicial apparatus. Normative and empirical scrutiny of the Judicial Academy is coupled by a set of practical recommendations aiming to further strengthen the position of this young institution, within the Serbian judicial system.
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Nebratenko, Olga O. "Rule Making in Activities of Authorities of Judicial Communities". Court administrator 2 (18 aprile 2024): 2–6. http://dx.doi.org/10.18572/2072-3636-2024-2-2-6.
Testo completoAbstract (sommario):
The bodies of the judicial community enjoy well-deserved authority in society and the professional environment, whose tasks include not only resolving problems related to the administration of justice, but also improving the entire mechanism of the judiciary. The central bodies in which the accumulated practical experience of judicial work is accumulated are the All-Russian Congress of Judges and the Council of Judges of the Russian Federation. The transformation of the mechanism of judicial power is carried out by the federal bodies of the judiciary through the implementation of rule-making competence, one of the manifestations of which is participation in the legislative process.
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Gailmard, Sean, e John W. Patty. "Participation, process and policy: the informational value of politicised judicial review". Journal of Public Policy 37, n. 3 (29 luglio 2016): 233–60. http://dx.doi.org/10.1017/s0143814x16000106.
Testo completoAbstract (sommario):
AbstractWe develop a model of “notice and comment” rulemaking, focussing on strategic issues facing agencies and interest groups in light of judicial review in this process. Specifically, we analyse the incentives for agencies and groups to produce and reveal information during rulemaking. We show that judicial review can produce informed policymaking, but that participatory rulemaking can bias agency policymaking in favour of groups with access to the rule-making process. In addition, the model allows an analysis of doctrines of judicial review of agency policymaking. The model reveals that “politicised” judicial review can be beneficial because of its effects on agency incentives for information acquisition in policymaking. Accordingly, socially optimal judicial review may be “legally irrational” and, contrary to standard doctrines of judicial review in the United States, judicial deference to rules with thin records can be optimal.
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Busurmanov, Zhumabek, Aiman Kussainova, Lazzat Nazarkulova e Almas Kanatov. "Judicial Education Development Issues and Prospects in the Republic of Kazakhstan in the Light of the OECD Countries’ Experience". Journal of Social Sciences Research, n. 53 (30 marzo 2019): 819–25. http://dx.doi.org/10.32861/jssr.53.819.825.
Testo completoAbstract (sommario):
The relevance of the topic is determined by the needs of modern Kazakhstani society in an independent judiciary and highly professional judges, capable of being a genuine guarantor of human and citizen rights and freedoms. Based on the study of the OECD countries’ experience, it is argued that it is the judicial education that plays a key role in the formation of an independent, highly professional judiciary. The current state of judicial education in the Republic of Kazakhstan and its development issues are considered. Prospective directions of its development are justified based on the OECD countries’ experience. A number of measures for improving judicial education is argued to be undertaken: the need for compulsory special training of candidates for the position of a judge, the development of teaching staff through the involvement of the best sitting judges in the training process, and the need to remove judicial education from the executive authorities. The role of new technologies in the development of judicial education is particularly mentioned.
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Yara, Olena. "Impact of European integration processes on judicial reform in Ukraine". Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav 14, n. 1 (25 gennaio 2024): 31–39. http://dx.doi.org/10.56215/naia-chasopis/1.2024.31.
Testo completoAbstract (sommario):
The research relevance is determined by the European integration and identification of gaps and shortcomings arising in the process of harmonisation of Ukrainian legislation with the legal standards of the European Union, providing improvement areas. The study aims to characterise the reform of Ukraineʼs judicial system in the context of European integration. The following research methods were used in the study: systemic and structural, comparative legal, formal legal, and systematisation methods, as well as methods of synthesis, analysis, and generalisation. The study established that the judicial reform launched in 2016 is linked to Ukraineʼs plans to become a full-fledged member State of the European Union. It is determined that under the legal regime of martial law, some processes of reforming the judicial system to the standards of the European community may be slowed down. It is noted that the Copenhagen criteria, especially chapters 23 and 24, are among the key definitions for the implementation of justice and the judiciary in a country which is a member of the European Union. The analysis added that to accelerate the European integration processes in Ukraine, composition renewal of the Constitutional Court of Ukraine should be undertaken. The need to establish transparent qualification requirements for judges and modernise the selection process for the judiciary was outlined. The study concludes that it is necessary to fully launch the High Qualification Commission of Judges of Ukraine, which is one of the key bodies of judicial self-government. The effective operation of this body is essential for maintaining the judiciary at a high professional level and ensuring compliance with the standards of justice. Furthermore, the study stressed the importance of continuing to effectively combat any manifestations of corruption in the activities of the judiciary and the judicial system as a whole. The study materials can be used to improve the functioning of the judicial system in Ukraine