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1
Amarini, Indriati. "IMPLEMENTATION OF JUDICIAL ACTIVISM IN JUDGE’S DECISION". Jurnal Hukum dan Peradilan 8, n. 1 (30 marzo 2019): 21. http://dx.doi.org/10.25216/jhp.8.1.2019.21-38.
Testo completoAbstract (sommario):
The task of the judge in realizing justice is inseparable from the decisions that are made. A qualified judge's decision is obtained through the judge's thought process through a choice of judges that reflects judicial activism. The problem in this research is how judicial activism is used by judges in issuing decisions and how the implementation of judicial activism in decision making. Judicial Activism is the choice of decision making by judges in order to realize justice. Judicial activism in the Indonesian judicial system is regulated in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. The law requires judges to explore the law and sense of justice that lives in society. The implementation of judicial activism is carried out by judges through means of legal discovery. Through means of legal discovery, judges play an active role in realizing justice as a law that lives in a dynamically developing society.
2
Engel, Kirsten, e Jonathan Overpeck. "Adaptation and the Courtroom: Judging Climate Science". Michigan Journal of Gender & Law, n. 3.1 (2013): 1. http://dx.doi.org/10.36641/mjeal.3.1.adaptation.
Testo completoAbstract (sommario):
Climate science is increasingly showing up in courtroom disputes over the duty to adapt to climate change. While judges play a critical role in evaluating scientific evidence, they are not apt to be familiar with the basic methods of climate science nor with the role played by peer review, publication, and training of climate scientists. This Article is an attempt to educate the bench and the bar on the basics of the discipline of climate science, which we contend is a distinct scientific discipline. We propose a series of principles to guide a judge’s evaluation of the reliability and weight to be accorded a given climate scientists’ claim or opinion. The principles are designed to aid a judge in evaluating whether the expert’s testimony complies with the Daubert test for the admissibility of scientific evidence but are broadly applicable to a judge’s evaluation of agency science-based decisions.
3
Gomes, Adalmir Oliveira, Tomas Aquino Guimaraes e Luiz Akutsu. "Court Caseload Management: The Role of Judges and Administrative Assistants". Revista de Administração Contemporânea 21, n. 5 (ottobre 2017): 648–65. http://dx.doi.org/10.1590/1982-7849rac2017160179.
Testo completoAbstract (sommario):
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.
4
Saiban, Kasuwi, Titi Rusydiyati Al Kaswy e Fadil SJ. "Granting a compulsory will to grandfather and grandmother based on Aristotle's distributive theory". Jurnal Cakrawala Hukum 13, n. 3 (28 dicembre 2022): 272–80. http://dx.doi.org/10.26905/idjch.v13i3.8855.
Testo completoAbstract (sommario):
There is no legal basis for giving testament wajibah to a grandparent in Indonesia. However, the Religious Courts of Tarakan, in decision number: 610/Pdt.G/2014/PA.Trk. the judges gave testament wajibah portion of the inheritance to the grandparent because the heir’s mother blocked their position and the parenting role carried out by the grandparent since the mother left the heir, and her existence was unknown. The judge’s decision must consider the principles of legal certainty, benefits, and a sense of justice for the parties. Therefore, this research focuses on the judge’s legal reasoning in decision number: 610/Pdt.G/2014/PA.Trk. and how the judge’s decision is seen from the perspective of Aristotle’s distributive justice theory. This research is juridical-normative with cases and conceptual approaches. The results showed that the judge’s legal reasoning through the process of de heuristic and de legitimate, legal basis that judges used are the holy Qur’an, hadith, KHI, and Islamic law. The judges consider the role of grandparents during the heir to life. And giving testament wajibah to grandparents is considered fair based on Aristotle’s distributive justice theory because they have fulfilled the proportional principle requirements.How to cite item: Saiban, K., Al Kaswy, TR., SJ, F., (2022). The granting of compulsory wills to grandparents in judgment number: 610/Rev.G/2014/PA.trk is based on Aristotle's distributive theory. Jurnal Cakrawala Hukum, 13(3)272-280. doi:10.26905/idjch.v13i3.8855.
5
McConnell, Edward B. "Court Management: The Judge’s Role and Responsibility". Justice System Journal 15, n. 2 (dicembre 1991): 710–21. http://dx.doi.org/10.1080/23277556.1993.10871154.
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Korsakova, Lyubov E. "The Moral Imperative of a Judge: Towards the Problem of Dominant Ethical Definitions in the Process of Judicial Training". Теория и практика общественного развития, n. 9 (27 settembre 2023): 129–34. http://dx.doi.org/10.24158/tipor.2023.9.17.
Testo completoAbstract (sommario):
The article addresses the importance of understanding and observing moral principles for the judge’s effective work. The author investigates the place, role, and significance of such concepts as honesty, impartiality, justice, duty, and conscience in shaping the moral imperative of a judge’s professional personality. In addition, the arti-cle points out the ambiguity of interpretations and the lack of a common understanding of these categories both in society and among the professional community of judges and scholars, which can lead to different interpre-tations and problems in the application of moral principles in practice. The author ascertain the necessity of taking into account ethical categories in the professional training of judges, as well as clarification of terminolo-gy and development of metrics to control and supervise the observance of moral principles. The article is in-tended to raise the problem, defining the field for theoretical and practical research, recommendations in the field of professional ethics and training of judges in the Russian Federation.
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Plug, H. José. "Challenging judicial impartiality". Journal of Argumentation in Context 8, n. 2 (25 settembre 2019): 245–61. http://dx.doi.org/10.1075/jaic.17026.plu.
Testo completoAbstract (sommario):
Abstract Impartiality is one of the core values underlying the administration of justice. A complaint about a judge’s supposed lack of impartiality may be filed on the grounds of the judge’s verbal behavior. In this article I will analyze complaints that concern the judge’s use of rhetorical questions during court hearings. I will explore what role these complaints may play in the strategic maneuvering of a party who seeks the judge’s disqualification.
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Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights". Pravosudie / Justice 2, n. 3 (22 settembre 2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.
Testo completoAbstract (sommario):
Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.
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Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights". Pravosudie / Justice 2, n. 3 (22 settembre 2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.
Testo completoAbstract (sommario):
Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.
10
Youping, Xu. "Mission impossible? Judges’ playing of dual roles as adjudicator and mediator in Chinese court conciliation". Semiotica 2017, n. 216 (24 maggio 2017): 399–421. http://dx.doi.org/10.1515/sem-2015-0074.
Testo completoAbstract (sommario):
AbstractDeeply rooted in the Confucian philosophy of harmony, court conciliation conducted by judges in Chinese courtroom has played an important role in resolving civil disputes in China. However, severe criticisms against court conciliation have never been ceased. Critics generally attribute problems to the integration of mediation into adjudication and judges’ playing of dual roles as adjudicator and mediator. Sadly, little has been done to explore how judges’ dual roles in court conciliation are performed and changed, and how the performance and change of judges’ dual roles may affect justice and fairness in dispute resolution. This paper compares the similarities and differences of a judge’s role as an adjudicator and the role of a mediator, analyzes how judges’ dual roles are performed and changed through different patterns of information flow and information sharing, and discusses the impacts of judges’ role change and ways to resolve role conflicts. It is found that similarities between the two roles make it possible for judges in CC to play dual roles, but different role expectations give rise to role conflicts which may, to some extent, be dissolved through effective ways of information exchange.
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Wahyudi, Muhamad Isna. "JUDGE’S DISCRETION IN ISLAMIC FAMILY LAW: INDONESIAN RELIGIOUS COURTS EXPERIENCE". Jurnal Hukum dan Peradilan 3, n. 3 (28 novembre 2014): 203. http://dx.doi.org/10.25216/jhp.3.3.2014.203-212.
Testo completoAbstract (sommario):
Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.
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Kondratova, І. D. "VIOLATION OF NORMS OF JUDICIAL ETHICS AS A BASIS FOR DISCIPLINARY RESPONSIBILITY OF A JUDGE". Herald of criminal justice, n. 1-2 (2022): 253–63. http://dx.doi.org/10.17721/2413-5372.2022.1-2/253-263.
Testo completoAbstract (sommario):
Judicial ethics, which permeates the professional status of a judge, is reflected in absolutely all its elements and interacts with them. The institution of disciplinary responsibility of a judge, which plays an extremely important role for judicial ethics, is no exception. The purpose of the article is to research the norms of judicial ethics in their interrelationship with the disciplinary responsibility of the judge that occurs in case of their violation. Based on the analysis of the norms of the current legislation, decisions of the European Court of Human Rights and disciplinary practice of the High Council of Justice, a number of conclusions were drawn that determine the specifics of bringing a judge to justice for violating ethical norms. Among them are the following: 1) the objectively determined general nature of the norms and wording, the lack of clarity in the description of the judge’s behavior, which can become the basis for initiating disciplinary proceedings, which requires further assessment by law enforcement authorities; 2) a large degree of subjectivism on the part of disciplinary authorities in assessing the circumstances of the case (actions and consequences) in the context of interpreting the provisions of the legislation; 3) the objective side of disciplinary misconduct, which consists in the judge’s admission of behavior that does not correspond to or violates the norms of judicial ethics, as a result of which the authority of justice and the reputation of the high rank of a judge are harmed. By themselves, violations of ethical norms cannot be considered as a basis for the judge’s responsibility. At the same time, the unethical behavior of a judge, which caused reputational losses to the status of a judge and the judiciary, can be qualified as a significant disciplinary offense, gross neglect of duties, which is incompatible with the status of a judge; 4) the special and decisive importance of law enforcement practice, which must «establish a consistent and restrictive interpretation» of all evaluative concepts and categories used in the general formulations of the grounds for a judge’s responsibility; 5) a limited scale of disciplinary sanctions that can be applied to a judge for committing unethical behavior, and the justified application of the most severe form of punishment – dismissal of a judge from office; 6)»accompanying» nature of responsibility for violation of ethical norms, if this occurred during the administration of justice, since in this case it is usually combined with responsibility for violation of procedural legislation. But its character is «independent» if the judge’s unethical behavior was not committed in connection with his authority to administer justice.
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Fauzi, Achmad. "THE JUDGE’S ROLE IN ISLAMIC FAMILY LAW REFORM IN INDONESIA". Al-Mawarid 15, n. 2 (14 novembre 2015): 161–76. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art8.
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Sahlan, Ilham Nurman e Abdul Karim Uddin. "The Role of Jurisprudence in the Development of Civil and Criminal Law". European Journal of Law and Political Science 2, n. 2 (14 aprile 2023): 53–57. http://dx.doi.org/10.24018/ejpolitics.2023.2.2.82.
Testo completoAbstract (sommario):
Judgments of cassation-level courts that are already inkracht or jurisprudence as a source of law are still debatable in legal studies, notably the use of jurisprudence in judges’ legal considerations. Even though jurisprudence is quite constructive in providing reinforcement of the judge’s considerations in their decisions, jurisprudence can also be used as a legitimate legal statement, which can complement the legal void. The research aims to examine the position of jurisprudence in the national legal system and its role in the development of civil and criminal law. The method used in this research is normative legal research combined with the statutory and conceptual approaches. The outcomes of this research show that although jurisprudence is recognized as a source of law, it is not included in the hierarchy of laws and regulations. The application of jurisprudence is in fact in line with the mandate of Article 5 of Law Number 48 of 2009 concerning Judicial Power which states that judges and constitutional judges are compulsory to explore, follow, and comprehend legal values and a sense of justice that lives within the society. Therefore, it becomes important to consider the legal standing of jurisprudence in reinforcing and developing national law (civil and criminal).
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Ondrášková, Veronika. "Legal Aspects of the Role of the Corrector of the Clergyin the Early Fifteenth-Century Diocese of Prague". Vesnik pravne istorije 2, n. 1 (18 dicembre 2021): 121–40. http://dx.doi.org/10.51204/hlh_21106a.
Testo completoAbstract (sommario):
The paper focuses on the institution of the Corrector of the Clergy within the Diocese of Prague. This ecclesial administrative representative was a criminal judge who also oversaw the moral conduct of the clergy. The paper compares legal rules set by the Church for the clergy through synodical statutes and an actual enforcement of these duties by the Corrector. The paper analyses the judicial book covering the period from 1407 to 1410, examining the judge’s approach to moral delicts (breach of celibate, etc.), which constituted the majority of the cases. Emphasis is given on the prescribed punishments.
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Putrijanti, Aju. "Judicial Activism in Judge’s Verdict to Law Enforcement of Environment". E3S Web of Conferences 202 (2020): 03018. http://dx.doi.org/10.1051/e3sconf/202020203018.
Testo completoAbstract (sommario):
Law enforcement to protect the environment as lay in Act Number 32 Year 2009 of Protection and Management of Environment, can be make from administrative, penal and private law. Government that includes legislative, executive and judicative has role and responsibility to perform welfare for citizen. The administrative lawsuit goes to Administrative Court, follows the Act Number 5 Year 1986 of Administrative Court for procedural process. This research based on normative legal research, which is descriptive analysis. Also using conceptual and statute approach, and research data used are literature and secondary data. The good understanding of principle of good environment, become important for judge and government to do their duties to protect the environment. Judge has an important role in law enforcement due to protection of environment, by using judicial activism. Through judge’s verdict, judge has to conceive wisely the importance of environment and the principle of good environment governance. Government should be based on environment ethic as a guidance to make, prepare the regulations, permissions due to protection of environment. Antroposentris and biosentris approach might be used to prepare the green regulations and green permissions.
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Mustafa, Cecep. "THE PERCEPTIONS OF INDONESIAN JUDGES IN SENTENCING MINOR DRUG OFFENDERS: CHALLENGES AND OPPORTUNITIES". Jurnal Hukum dan Peradilan 9, n. 1 (3 aprile 2020): 1. http://dx.doi.org/10.25216/jhp.9.1.2020.1-26.
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This paper presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack of understanding of the harm caused by taking drugs and living under drug prohibition were considered as contributing factors to people involved in minor drug offences. Thus, minor drug offenders are considered by judges as victims of their circumstances. Within structural inequality, the imposition of harsh sentencing to minor drug offenders who suffer from socio-economic problems raises issues surrounding justice. Within the current legal structure of Indonesian courts, which are primarily retributive and have drug prohibitionist policies, the majority of participating judges consider drug sentencing as reflecting those prohibitionist policies. However, a substantial minority of participating judges interpreted the form of the sentence within available limits. These findings will contribute to the sociological understanding of the context in which judicial culture shaped the formation of the judiciary as a group and the impact of Islamic culture on the participating judge’s positive preference for rehabilitative problem-solving in the Indonesian context.
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Bululukov, O. Yu. "TRANSFORMATION OF INVESTIGATION ERRORS IN CRIMINAL LEGAL PRОCEEDINGS". Theory and Practice of Forensic Science and Criminalistics 15 (30 novembre 2016): 54–62. http://dx.doi.org/10.32353/khrife.2015.06.
Testo completoAbstract (sommario):
The article deals with the notion of a judicial error which is referred to as an inconsistency between the verdict and the situation of the committed offense, the person of the offender and the eventual consequences. It also enumerates factors that may result in judicial errors and they include the following: peculiarities of the judge’s psychological traits; the judge’s perception of the public danger that the committed crime may have; obstructions from potential stakeholders’; the investigator S tactical errors that were made at the pre-trial investigation stage. The article suggests two classifications of judicial errors. It also describes the notion of the judge’s «inner conviction» and determines its role in the emergence of the transformation of errors. The article specifies that the formation of inner convictions is influenced by subjective and objective factors. Subjective factors include: the subject’s mental state; character and temperament; aptitude of solving intellectual tasks; life and professional experience; conformity level; emotional state. Objective factors include: the influence of the environment; the severity and danger of the committed crime; the criminal’s identity. The article is the first to describe the notion of the judge’s «gender» and its influence on making court decisions.
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Odeh, Huda Adnan Mohammad, e Ismael Mohammad Hasan Al Barrishi. "The Discretionary Power of the Court and its Impact on the Lawsuits in Jordan Legal Courts: A Foundational Applied Study". Dirasat: Shari'a and Law Sciences 50, n. 1 (1 marzo 2023): 19–37. http://dx.doi.org/10.35516/law.v50i1.4053.
Testo completoAbstract (sommario):
Objectives: The study aims to demonstrate the Sharia judge’s judicial discretion and this power’s impact on Jordanian Sharia courts’ lawsuits. This study is carried out to display this power, and to emphasize that the adjudications’ impact is the goal of suing procedures, as the verdicts’ effects havea major role in people’s feeling of confidence and reassurance, security from fear, and reliance on justice. Therefore, the study cites multiple and varied applications to provide a genuine example of the adjudications’ effects on filed lawsuits. Methods: The study follows the inductive approach - collecting scientific material from jurisprudence (Fiqh) books and old and modern Sharia trial principles books -, and the analytical approach - analyzing the scientific material and benefiting from it in the study topics -. Results: The study concludes that the implementation of the judicial discretion of the Sharia judge scope is fixed by the Jordanian Sharia Procedure Code text in many positions, which were referred to explicitly and implicitly. The most important outcome of that is the necessity of adhering to the judge’s verdict, which must be executed immediately at the time of its issuance if it is in accordance with the Islamic legislation texts and if it acquires the peremptory degree. Conclusions: Sharia judge’s judicial discretion should be given more attention in studies conducted by laws’ regulators so that this authority becomes clear and defined by rectified texts that should not be overlooked in legal actions and procedures.
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Ranran, Zhang. "From speech role to social role: Judge’s negotiating and controlling in criminal trials in China". Linguistics and the Human Sciences 12, n. 2-3 (26 luglio 2018): 141–65. http://dx.doi.org/10.1558/lhs.36989.
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Materniak-Pawłowska, Małgorzata. "Instytucja sędziego śledczego w II Rzeczypospolitej". Czasopismo Prawno-Historyczne 65, n. 1 (2 novembre 2018): 271–94. http://dx.doi.org/10.14746/cph.2013.65.1.11.
Testo completoAbstract (sommario):
The institution of an investigating judge emerged in all three parts of then partitioned Poland at almost the same time, i.e. in the 70s of the 19th century, as the Austrians introduced it in 1873, the Russians in 1876, and the Germans in 1877. The very idea of an investigating judge and its model, however, derives from the legal system of Napoleonic France. During the period between two World Wars, the institution of an investigating judge functioned fi rst, as part of the legislation inherited from the occupant’s legal system, and then as part of the Polish legal system resulting, mainly, from the implementation of the ordinance on the regime of common courts of law of 1928 and the code of criminal procedure of the same year. The function of an investing judge was for and foremost connected with the preliminary stage of criminal proceedings, and the investigation process in particular. However, the main overall task of that stage was protection of an individual’s rights in a criminal proceeding. In the twenty years’ history of the interwar Poland, the role of an investigating judge in a criminal proceeding had been gradually limited, while the prosecutor’s role had increasingly strengthened. Although the prosecutor’s supervision sensu stricto was formally non-existent, a prosecutor could, inmany cases, restrict a judge’s independence by issuing binding conclusions. Such practice was further facilitated by the fact that the Ministry of Justice’s policy was to recruit for the position of an investigating judge from among the least experienced, usually junior judges. Thus the institution of an investigating judge was subsequently subjected to strong criticism by many lawyers, both theorists as well as practitioners of a criminal trial. Its supporters criticised the infl uence that procurators could exercise on the judges and demanded their independence of the former, whereas its critics questioned the very sense or idea of an investigating judge, emphasising that it only constituted an interim form between a prosecuting organ and an independent court and, as such, performed neither of those two had functions suffi ciently satisfactory.
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Mangione, Gabriella. "Some Brief Remarks on the Controversial Relationship Between the Judiciary and Politics in Italy". Comparative Law Review 27 (22 dicembre 2021): 79–104. http://dx.doi.org/10.12775/clr.2021.003.
Testo completoAbstract (sommario):
The relationship between the judiciary and the political sphere and the dilemma over whether the judiciary has been a victim of politics, or whether politics has been a victim of the judiciary, have been hot topics for some time in Italy. Since a major scandal engulfed the High Council of the Judiciary, the courts have become the principal focus of the reform efforts of the Draghi Government, which took office in February 2021. The contribution briefly illustrates the figure of the Judicial Power within the Division of Powers and the evolution of the judge’s role within this system. Following a brief premise on the evolution of the role of judges during the last two centuries, the principle of the independence of the judiciary in the Italian Constitution will be outlined before final comments on the controversial relationship between the judiciary and politics.
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Canivet, Guy. "The Responsibility of Judges in France". Cambridge Yearbook of European Legal Studies 5 (2003): 15–33. http://dx.doi.org/10.5235/152888712802784298.
Testo completoAbstract (sommario):
In the mountains of Kashmir lived a Sultan, the Sultan of Salamandragore, so concerned that the laws he had prescribed were strictly observed that he found good reasons for his judges to condemn all his subjects to death, and to have them dispatched by his executioner. Deprived of sleep by remorse and haunted by his victims, he blamed his judges, and had them decapitated in their turn.Thus begins a cruel Oriental tale, freely adapted in a poem by Jacques Prévert, which is, it seems to me, quite a good illustration of the paradox of the judge’s responsibility comparing the extraordinary nature of their power to their relationship to politics. Nevertheless, from this point of view, there is indeed in France a question, that is to say a democratic debate, a conflict of opinion generally perceived to be the result of the growing role of law in the regulation of social relationships and the increasing power of judges in the private domain as well as in the public, economic and social spheres.
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Canivet, Guy. "The Responsibility of Judges in France". Cambridge Yearbook of European Legal Studies 5 (2003): 15–33. http://dx.doi.org/10.1017/s1528887000004249.
Testo completoAbstract (sommario):
In the mountains of Kashmir lived a Sultan, the Sultan of Salamandragore, so concerned that the laws he had prescribed were strictly observed that he found good reasons for his judges to condemn all his subjects to death, and to have them dispatched by his executioner. Deprived of sleep by remorse and haunted by his victims, he blamed his judges, and had them decapitated in their turn. Thus begins a cruel Oriental tale, freely adapted in a poem by Jacques Prévert, which is, it seems to me, quite a good illustration of the paradox of the judge’s responsibility comparing the extraordinary nature of their power to their relationship to politics. Nevertheless, from this point of view, there is indeed in France a question, that is to say a democratic debate, a conflict of opinion generally perceived to be the result of the growing role of law in the regulation of social relationships and the increasing power of judges in the private domain as well as in the public, economic and social spheres.
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Provine, Doris Marie. "Justice as Told by Judges: The Case of Litigation over Local Anti-Immigrant Legislation". Studies in Social Justice 3, n. 2 (19 ottobre 2009): 231–45. http://dx.doi.org/10.26522/ssj.v3i2.1017.
Testo completoAbstract (sommario):
In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both as pragmatic decision-makers and as spokespersons for justice. The tensions this dual role entails are explored here in the context of a single, controversial case. Close-up analysis of the judge’s narrative strategy reveals a range of specific techniques to create moral distance from a decision, combined, ironically, with the enlistment of moral themes to justify the ruling. The inter-twining of rule-of-law and justice rhetoric mirrors and also shapes a broader politics of justice in the United States.
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Putrijanti, Aju, Lapon T. Leonard e Kartika Widya Utama. "Peran PTUN dan AUPB Menuju Tata Kelola Pemerintahan yang Baik (Good Governance)". Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 30, n. 2 (7 agosto 2018): 277. http://dx.doi.org/10.22146/jmh.33056.
Testo completoAbstract (sommario):
Abstract The Administrative Court has an important role to supervise the government’s duty, based on principle of good governance and regulations. Principles of good governance have been developed for some reasons. The aim of this research are to know the role of judge’s verdict and the development of principle of good governance. This research is use normative juridis method. The novelty is to strengthened the role of the judge’s verdict to build a good governance and to improve the knowledge of the importance of principles of good governance to build good governance.Intisari Pengadilan Tata Usaha Negara memiliki peran penting dalam melakukan pengawasan terhadap penyelenggaraan pemerintahan yang didasarkan pada pengujian terhadap Asas-asas Umum Pemerintahan yang Baik dan perundang-undangan. Asas-asas Umum Pemerintahan yang Baik telah mengalami perkembangan yang penting. Tujuan yang akan dicapai adalah untuk mengetahui peran putusan Hakim dan perkembangan Asas-asas Umum Pemerintahan yang Baik.Penelitian menggunakan metode yuridis normatif. Keterbaruan yaitu meningkatkan peran Pengadilan Tata Usaha Negara dan kemampuan untuk lebih memahami arti penting Asas-asas Umum Pemerintahan yang Baik menuju tata kelola yang lebih baik.
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Ainun, Aulia Nur, e Arsyad Aldyan. "KEDUDUKAN VISUM ET REPERTUM DALAM PERTIMBANGAN HUKUM HAKIM TERHADAP PERKARA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN". Verstek 11, n. 2 (14 luglio 2023): 241. http://dx.doi.org/10.20961/jv.v11i2.71509.
Testo completoAbstract (sommario):
<div class="page" title="Page 1"><div class="section"><div class="layoutArea"><div class="column"><em>The purpose of this legal research is to determine the position of visum et repertum in the judge's legal considerations of persecution that caused death with the case study of Decision number 410/Pid.B/2020/PN.CKR. This legal research is included in the type of normative legal research which is prescriptive with a case approach and statutory approach. The data collection technique used by the authors in this legal research is a library research. The results of the reseacrh showed that the letter evidence is in the form of visum et repertum in the case with decision Nnmber 410/Pid.B/2020/PN CKR has an important role in assisting the Panel of Judges in their considerations for imposing a sentence on the crime ofpersecution that causing someone’s death which based on Article 183 of the Criminal Procedure Code, visum et repertum is required in strengthening other evidences that have existed. The position of the visum et repertum in the perspective of evidentiary law as a judge's legal considerations, it is an authentic deed that becomes valid evidence in accordance with the provisions of evidence set forth in Article 187 jo. Article 184 paragraph (1) letter c which plays a role in creating a material truth.</em><p><em><strong>Keywords:</strong> <a href="/verstek/article/view/71509">Visum et Repertum; Judge’s Legal Consideration; Persecution that Caused Death</a></em></p></div></div></div></div>
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Wasielewicz, Aleksandra. "Odpowiedzialność dyscyplinarna sędziów w II Rzeczypospolitej na przykładzie wybranych sądów byłego zaboru pruskiego – zagadnienia materialnoprawne". Krakowskie Studia z Historii Państwa i Prawa 14, n. 4 (31 dicembre 2021): 521–37. http://dx.doi.org/10.4467/20844131ks.21.045.14471.
Testo completoAbstract (sommario):
Disciplinary Responsibility over Judges in the Second Republic of Poland. Substantive Law Issues in Light of Judges’ Personal and Disciplinary Files from the Former Prussian Territories The issue of disciplinary responsibility over judges is one of the key aspects of the functioning of the judiciary. This mechanism must remain a compromise between respecting a special status for judges based on their independence and their key role in the functioning of the state, versus the need to eliminate negative behaviors on their part. Such oversight in turn should lead to the building up of societal trust in the judiciary. The article is an attempt to present the issue of disciplinary proceedings against judges in the Second Polish Republic in the areas of the former Prussian territories. By presenting this issue from the perspective of substantive law, this article complements research already carried out in this area, the issue of the course of procedure in disciplinary proceedings having already been presented in a separate text. In this article, the author focuses on the issues regarding judge’s disciplinary misconduct and actual disciplinary punishments. The legal provisions were compared with the practice of their application, reconstructed on the basis of preserved archival files of judges, both personal and disciplinary.
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Weaver, Russell L., e Linda D. Jellum. "NEITHER FISH NOR FOWL: ADMINISTRATIVE JUDGES IN THE MODERN ADMINISTRATIVE STATE". Windsor Yearbook of Access to Justice 28, n. 2 (1 ottobre 2010): 243. http://dx.doi.org/10.22329/wyaj.v28i2.4498.
Testo completoAbstract (sommario):
This article examines the role of administrative adjudication in the United States constitutional system. It begins by noting that such adjudication fits uncomfortably within a system of divided powers. Administrative judges, including administrative law judges [ALJs] (who have the highest level of protection and status), are considerably more circumscribed than ordinary Article III judges. Indeed, administrative judges are usually housed in the agencies for which they decide cases, rather than in independent adjudicative bodies, and they do not always have the final say regarding the cases they decide. In many instances, the agency can appeal an adverse administrative judge’s decision directly to the head of the agency, and the agency head retains broad power to overrule the administrative judge’s determinations. In other words, the agency can substitute its judgment for that of the administrative judge regarding factual determinations, legal determinations, and policy choices. As a result, many administrative adjudicative structures involve difficult tradeoffs between independence, political control, and accountability. This article examines issues related to the status and power of administrative judges, as well as the constraints that have been imposed on administrative adjudicative authority, and explores whether those constraints continue to serve the purposes for which they were originally imposed.Cet article examine le rôle du règlement de différends dans le domaine administratif dans le cadre du système constitutionnel des États-Unis. Il note d’abord qu’une telle façon de régler les différends cadre difficilement avec un système où les pouvoirs sont divisés. Les juges administratifs, y inclus les juges de droit administratif (qui jouissent du niveau le plus élevé de protection et de statut), sont considérablement plus restreints que les juges ordinaires sous l’Article III. En effet, les juges administratifs sont d’habitude logés dans les agences pour lesquelles ils décident les cas, plutôt qu’au sein d’organismes indépendants de règlement de différends, et ils n’ont pas toujours le dernier mot dans les cas qu’ils jugent. Dans bien des cas, l’agence peut porter en appel directement au chef de l’agence une décision défavorable d’un juge administratif, et le chef de l’agence possède de vastes pouvoirs pour annuler la décision du juge administratif. En d’autres mots, l’agence peut substituer son jugement à celui du juge administratif quant aux décisions de fait, aux décisions de droit et aux choix de politiques. Par conséquent, plusieurs structures de règlement de différends dans le domaine administratif comportent des compromis difficiles entre l’indépendance, le contrôle politique et l’obligation de rendre compte. Cet article examine des questions se rapportant au statut et au pouvoir de juges administratifs, ainsi qu’aux contraintes qui ont été imposées sur l’autorité de régler des différends dans le domaine administratif, et explore la question à savoir si ces contraintes continuent à servir les buts pour lesquels elles ont été imposées originellement.
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Davydova, Irina A. "Judicial Remedies for Prisoners in France". Ugolovnaya yustitsiya, n. 17 (2021): 115–19. http://dx.doi.org/10.17223/23088451/17/23.
Testo completoAbstract (sommario):
The article analyses the judicial protection of the rights of prisoners in France. The role and directions of judges’ activities on the execution of sentences in penitentiary facilities and in the application of public sanctions have been determined. The scope and degree of the administrative judge’s control over the legality of decisions made by the prison administration with respect to prisoners have been established. Attention is drawn to the activities of the Council of State, which is the supreme judicial body of the French administrative courts. Examples of new fields of administrative courts’ activities are given. The Council of State, under the influence of decisions of the European Court of Human Rights, recognizes these fields as subject to appeal in the penitentiary sphere. The problems associated with the real effectiveness of judicial remedies in France are identified.
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Barsuk, M. "Concept of Social Protection for Judges in Ukraine". Uzhhorod National University Herald. Series: Law 2, n. 78 (31 agosto 2023): 310–14. http://dx.doi.org/10.24144/2307-3322.2023.78.2.49.
Testo completoAbstract (sommario):
The article aims to clarify the definition of the concept of “social protection of judges in Ukraine.” It identifies the main approaches to interpreting the concept of “social protection,” including the economic approach and the socio-legal (complex) approach. The article establishes that social protection for judges in Ukraine serves as a special guarantee of their independence. This is manifested through comprehensive activities undertaken by entities mandated by law to ensure judges’ social security and their families’ social security. These activities are aimed at creating and maintaining dignified and socially safe conditions that guarantee judges’ existence, including retired judges. It is crucial that such socially safe conditions enable judges to exercise their rights and legitimate interests. They also meet their material and moral needs and mitigate the negative impact of social and other risks associated with their judicial role. The article further outlines the main features of social protection, which encompass the special labor law status of judges and the indirect inclusion of the judge’s family, a specific legal basis, a complex of additional social guarantees compensating for the restrictions and risks inherent in the work of judges, and the existence of normative, factual, and procedural grounds. The extraordinary socio-legal significance of social protection for individuals, society, and the state is underscored, highlighting the obligation of the state to fulfill its social function through the actions of relevant power entities. Moreover, the article emphasizes the importance of implementing a modern legal mechanism for judges’ social protection. The article summarizes the research findings, highlighting the role of social protection in ensuring the independence and autonomy of the court and judges and emphasizing its significance as a distinct socio-legal phenomenon.
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Leckey, Robert. "Complexifying Roncarelli’s Rule of Law". McGill Law Journal 55, n. 3 (10 febbraio 2011): 721–41. http://dx.doi.org/10.7202/1000630ar.
Testo completoAbstract (sommario):
The accepted reading of Roncarelli v. Duplessis requires revision. Accounts by which Justice Rand defended the rule of law while the dissenters were indifferent to it mischaracterize the judgment. Justice Rand’s judgment is bolder and less explicit than is typically supposed: his treatment of the notice requirement constitutes part of his defence of the rule of law. For its part, Justice Fauteux’s dissent enacts a plausible understanding of the judge’s role within the rule of law. Disagreement on the overlooked procedural issue is best viewed as fully internal to the rule of law. The judgment’s relevance for rule of law scholars is its exemplification of the possibility for rule of law impulses to conflict, making it a much richer and more interesting text. Scholars’ dismissiveness toward the procedural issue reveals an unsatisfactory view on the part of legal scholars, one by which judges simply apply the rule of law, rather than being also themselves constrained by it.
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Chaudhary, G. "Explainable Artificial Intelligence (xAI): Reflections on Judicial System". Kutafin Law Review 10, n. 4 (13 gennaio 2024): 872–89. http://dx.doi.org/10.17803/2713-0533.2023.4.26.872-889.
Testo completoAbstract (sommario):
Machine learning algorithms are increasingly being utilized in scenarios, such, as criminal, administrative and civil proceedings. However, there is growing concern regarding the lack of transparency and accountability due to the “black box” nature of these algorithms. This makes it challenging for judges’ to comprehend how decisions or predictions are reached. This paper aims to explore the significance of Explainable AI (xAI) in enhancing transparency and accountability within contexts. Additionally, it examines the role that the judicial system can play in developing xAI. The methodology involves a review of existing xAI research and a discussion on how feedback from the system can improve its effectiveness in legal settings. The argument presented is that xAI is crucial in contexts as it empowers judges to make informed decisions based on algorithmic outcomes. However, the lack of transparency, in decision-making processes can impede judge’s ability to do effectively. Therefore, implementing xAI can contribute to increasing transparency and accountability within this decision-making process. The judicial system has an opportunity to aid in the development of xAI by emulating reasoning customizing approaches according to specific jurisdictions and audiences and providing valuable feedback for improving this technology’s efficacy.Hence the primary objective is to emphasize the significance of xAI in enhancing transparency and accountability, within settings well as the potential contribution of the judicial system, towards its advancement. Judges could consider asking about the rationale, behind outcomes. It is advisable for xAI systems to provide a clear account of the steps taken by algorithms to reach their conclusions or predictions. Additionally, it is proposed that public stakeholders have a role, in shaping xAI to guarantee ethical and socially responsible technology.
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Freitas, Ana Luiza Policani. "BREVE ANÁLISE DA INSTRUÇÃO PROBATÓRIA DO JUIZ CRIMINAL BRASILEIRO SOB A ÉGIDE DO SISTEMA ACUSATÓRIO". Revista da Seção Judiciária do Rio de Janeiro 22, n. 43 (17 dicembre 2018): 145. http://dx.doi.org/10.30749/2177-8337.v22n43p145-175.
Testo completoAbstract (sommario):
This work brings an analysis of the Brazilian Criminal Judge in the course of evidential instruction and it’s instructor action under the accusatory criminal system with constitutional understanding adopted in the country after the promulgation of the civil constitution of 1988. The Accusatory, Inquisitorial and mixed Criminal Systems will be demonstrated as the doctrinal controversies related to their core with basis on evidence management. Following, the subject of evidence in the accusatory system will be addressed, as its conception under the rules in this system, the roles given to the magistrate during the evidence production phase and the problems arisen from allowing the judge to produce them and the principles related to evidence management. It is important to mention that it is the Prosecutor’s Office role to gather evidence and not the magistrate’s, since the defense has no “Equality of arms” when it comes to gathering evidence. However, the Brazilian Magna Carta, which includes such system, must be respected together with the criminal law procedures under the judge’s tutelage due its supremacy in the hierarchy of laws, safekeeping the defendant’s fundamental rights.
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Hao, XIONG. "Two Sides of Court Mediation in Today’s Southwest Grassroots China: an Empirical Study in T Court, Yunnan Province". Asian Journal of Law and Society 1, n. 2 (7 luglio 2014): 367–94. http://dx.doi.org/10.1017/als.2014.10.
Testo completoAbstract (sommario):
AbstractCourt mediation is now playing a crucial role in the Chinese legal system. Based on two case studies in Yunnan Province, this paper examines how court mediation works in Southwest China. It finds that court mediation can expand the capacity of the court concerning case acceptance, and is capable of fixing multicentre disputes and complicated social problems. However, the paper also points out that when encountering some ill-suited cases, justice may be undermined and the judge’s role may be confused. Therefore, it is necessary to pass some law to exclude the ill-suited cases from the mediation track when promoting court mediation in Southwest China.
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Slabunova, Yu V., e N. M. Shcherbak. "LEGAL STATUS OF A JUDGE AS A PUBLIC SERVANT". Legal horizons, n. 19 (2019): 124–30. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p124.
Testo completoAbstract (sommario):
The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.
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Mazhari, Abdul-Qudous. "Jurisprudential and Legal Review of the Validity of the Expert’s Opinion". Journal of Humanities and Social Sciences Studies 6, n. 2 (13 febbraio 2024): 60–72. http://dx.doi.org/10.32996/jhsss.2024.6.2.9.
Testo completoAbstract (sommario):
Experience is one of the methods of judicial proof. It is resorted to, if necessary, revealing or strengthening existing evidence. The increasing role of technical expertise in our modern era comes - due to the accuracy, complexity and often hidden nature of the facts presented to the judiciary - making the judge need help. With experienced and specialized people and benefit from their advice. Undoubtedly, experts are considered among the judicial assistants who cannot be dispensed with in the scientific or technical cases that the judge finds. He cannot consider some cases that require expertise outside his professional speciality. The judge’s goal is to reach the truth to make his ruling. Fair, and this is achieved by seeking the help of experienced people whose opinion is a means of proving the claim. One thing that no two people disagree about is that the judge, no matter how much knowledge and extensive knowledge he has, cannot comprehend all the different sciences and arts, especially the delicate cases, so there is no escape from referring to people of experience, knowledge, and specialization for the judge to issue his ruling based on reassurance and trust and to be closer to achieving the truth and resolving the dispute.
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Putrijanti, Aju. "The Control of Environment Management Through Administrative Court". E3S Web of Conferences 31 (2018): 09024. http://dx.doi.org/10.1051/e3sconf/20183109024.
Testo completoAbstract (sommario):
Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge’s verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.
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Yasin, Fandaria Putri, e Fence M. Wantu. "Criminal Sanctions for Persecution Resulting in Serious Injury". Estudiante Law Journal 4, n. 2 (15 ottobre 2022): 831–42. http://dx.doi.org/10.33756/eslaj.v4i2.18185.
Testo completoAbstract (sommario):
This study aims to find out and analyze how to prove the verdict of a criminal offense that results in serious injury based on the title raised in this authorship. An author is a type of writer an Emperis law or a field writer. With a Case approach. The process of collecting data from regulations and other references related to the problem being studied. The results of this author show that the proof of the Determination of the criminal act of assault resulting in serious injury is said to be incorrect but if we refer to the court decision of the defendant/convicted person is proven to have committed a criminal act of assault resulting in serious injury, but is only sentenced to imprisonment for six (6) months. The judge’s role in determining the criminal act of assault resulting in serious injury is influenced by two counts, namely the judge's estimate that lawfully and convincingly committed the crime of persecution and the legal act used in the indictment article is more than Article 351 Paragraph 2 of the Criminal Code of persecution resulting in serious injury.
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محمد, صلاح علو. "The Judge's authority in the approval of the conventional copier (A Comparative Study)". Al-Kitab Journal for Human Sciences 4, n. 6 (19 luglio 2023): 39–52. http://dx.doi.org/10.32441/kjhs.4.6.3.
Testo completoAbstract (sommario):
Undoubtedly, the parties are entitled to agree that a party may be contracted in the event of the parties contracting with each other. The official website for signing the agreement. The importance of consensual termination is evident as it is more starting in practical life. Judicial termination is characterized by slowness, as it includes procedures and administrative matters that may not be consistent with achievement and have resulted in the loss of rights. Annulment takes place on its own in case of consensual annulment without the need for a court ruling, so the judge has no discretion in this area, as is the case for judicial annulment. It must not be understood from this that the judge has no authority in the event of the agreement’s termination, a dispute may arise between the parties to the contract, which necessitates submitting the dispute to the judiciary, so the judge’s ntervention is necessary to dissolve the contractual bond through the judiciary. The contract, by verifying the existence of this condition, standing at its type, examining its nature, and determining the form in which this condition was found in the contract, and the judge also plays an important role in verifying the non-performance of the obligation, and the implementation of the revocable condition.
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Noviyani, Nia, e Indah Nadya Kalalo. "Casation in Civil Procedure Law is Reviewed from a Legal Logic Perspective". International Journal of Research and Innovation in Social Science VIII, n. IX (2024): 1498–502. http://dx.doi.org/10.47772/ijriss.2024.8090122.
Testo completoAbstract (sommario):
Cassation is the final legal remedy submitted by a party who feels aggrieved by the decision of the court of first instance or appeal to be re-examined by the Supreme Court. This research aims to determine the effectiveness of the application of cassation in correcting legal errors that occur as a result of ignoring legal facts at the appeal level, as well as a comparison between cassation and judicial review in dealing with discrepancies between legal facts and the application of legal rules. This research uses normative juridical methods with a qualitative analysis approach to court decisions, legal literature and applicable laws and regulations. The research results show that cassation has an important role in ensuring the consistency of legal policy, but its effectiveness is greatly influenced by the quality of the cassation petition, the judge’s ability, and the caseload at the Supreme Court. On the other hand, judicial review (PK) offers a wider scope in measuring misjudgments of legal facts by considering new evidence or obvious judge errors.
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Ilmiyah, Nailul. "Relevansi Pemikiran Ibnu Qayyim al-Jauziyah tentang Peranan Keyakinan Hakim dengan Sistem Pembuktian dalam Hukum Acara Pidana di Indonesia". Al-Jinayah Jurnal Hukum Pidana Islam 6, n. 2 (14 dicembre 2020): 420–49. http://dx.doi.org/10.15642/aj.2020.6.2.420-449.
Testo completoAbstract (sommario):
The paper aims to expose the relevance of Ibn Qayyim al Jauziyah's thoughts in the role of judges' conviction with the evidence in the criminal procedural law system in Indonesia. The result shows that the function of the judge's conviction is considered a base or a consideration in deciding cases, in the sense that the belief is the act of the judge accompanying the emergence of evidence presented before the court. Ibn Qayyim al-Jauziyah argues that a judge's conviction is related to the broad knowledge of the law and the skill in reading the signs that arise in the case, it also considered a basic guideline for judges in deciding cases, in addition to legal provisions. The relevance of Ibn Qayyim al-Jauziyah's thoughts in criminal procedural law in Indonesia regarding the role of judges' belief is that both (according to Ibnu Qayyim and criminal procedural law in Indonesia) both emphasize that the conviction of judges has a very critical role in deciding cases.
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Laurinavičius, Alfredas. "TEISĖJO ELGESIO IR SPRENDIMO PROGNOZĖS SĄVEIKA VERTINANT PROCEDŪRINĮ TEISINGU". Psichologija 32 (1 gennaio 2005): 87–101. http://dx.doi.org/10.15388/psichol.2005..4324.
Testo completoAbstract (sommario):
Teisingumo klausimas yra svarbus teisminio ginčo nagrinėjimo dalyviams. Suvoktas sprendimo ir procedūrinis teisingumas turi įtakos sprendimo ir jį priimančio asmens vertinimams. Atliktame faktoriniame 3 × 2 × 2 eksperimente buvo tiriama subjektyvios teisėjo sprendimo palankumo prognozės įtaka teisingumo vertinimams. Esant skirtingai teisėjo sprendimo prognozei, teisėjo elgesio ypatumai turi skirtingą įtaką procedūrinio teisingumo ir pasitikėjimo teismais vertinimams. Atliktas eksperimentas parodė, kad teisėjo elgesio ir procedūrinio teisingumo reikalavimų atitikimas yra ypač svarbus vertinant teisėjo elgesį tais atvejais, kai ginčo dalyvis prognozuoja nepalankų sau sprendimą arba neturi aiškios teisėjo sprendimo prognozės. Esant nepalankiai teisėjo sprendimo prognozei, teisėjo elgesio ir procedūrinio teisingumo reikalavimų atitikimas ypač stipriai veikia asmens pasitikėjimą teismais.Pagrindiniai žodžiai: teisingumo psichologija, procedūrinis teisingumas, ginčo sprendimas.
THE INTERACTION OF JUDGE’S BEHAVIOR AND JUDGE’S DECISION PROGNOSIS IN THE PROCEDURAL JUSTICE JUDGMENTSAlfredas Laurinavičius
SummaryPsychological research shows a big importance of procedural justice in dispute resolution. Perception of procedural justice affects evaluations of the performance of legal institutions and authorities, evaluations of legal decisions and outcomes, satisfaction with encounters with the legal system, support for legal institutions and compliance with law. According to K. van den Bos and E. A. Lind people are more affected by variation in fairness when they feel uncertain. Participants’ expectations about judge’s possible decision can moderate relationship between procedure and subjective evaluation of procedural justice. 3 × 2 × 2 factorial experiment was conducted: 3 (expectation of the possible decision: certainly positive, certainly negative, uncertain)× 2 (decision: positive vs. negative) × 2 (procedure: fair vs. unfair). The experiment was conduced in 2 Vilnius universities, participation was voluntary, participants were not paid. Data of 330 students (men and women) were analyzed. There were between 22 and 36 participants per cell. A scenario method was applied in the experiment. Participants were given a description of legal dispute of non material harm compensation. Participants were asked to imagine themselves as being defendant and evaluated a possibility of positive and negative decision. Participants were shown one of two videotapes with excerpts from litigation session. After watching the excerpt (fair treatment or unfair treatment) they received judge’s final decision (favorable or unfavorab le) and completed the questionnaire. Dependents variables in this experiment were participants’ evaluations of distributive justice, procedural justice, perceived voice, neutrality, trust in benevolence, status recognition and support for courts.A 2 × 2 × 3 ANOVA revealed significant interactions between Expectation and Procedure on perceived voice F (2,318) = 4.513, p < .05, η² = .028, neutrality F (2,318) = 3.413, p < .05, η² = .021 and support for courts F (2,318) = 3.084, p < .05, η² = .019. No interactions were found for distributive justice, procedural justice, trust in benevolence, status recognition. A significant effect of Expectation was found on distributive justice judgments F (2,317) = 5.02, p < .05, η² = .031. Those expected negative decision rated distributive justice more positively.The presented research shows that expectation of judge’s decision can moderate some procedural justice judgments and support for courts judgments. Variation of procedure had biggest effect on evaluation of perceived voice, neutrality and support for courts in condition when participant was expecting negative decision. It seems that expectation of negative decision makes people more sensitive to procedural issues. Being certain about positive decision decreases a role of procedure on those ratings.Keywords: Psychology of Justice, Procedural justice, Dispute resolution.
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Savage, Samantha. "The Reliability of Expert Evidence in Canada". Wrongful Conviction Law Review 3, n. 1 (20 luglio 2022): 82–93. http://dx.doi.org/10.29173/wclawr69.
Testo completoAbstract (sommario):
This paper analyzes Canada’s common law as it currently stands regarding expert evidence and key inquiries and reports on expert evidence and wrongful convictions done in Canada and on forensic science. The analysis will demonstrate how Canada’s laws and practices have not gone far enough to ensure expert evidence is reliable in order to protect innocent citizens from wrongful conviction. I propose that to truly safeguard against the admission of improper expert evidence in trials Canada must (1) heighten the standard expert evidence must meet to be considered reliable and increase a judge’s role as gatekeeper (2) foster a system of peer-reviewed research, training, accreditation, and accountability in forensic science disciplines in Canada, and (3) ensure that all legal actors (i.e., police, lawyers, and judges) receive continued training on best forensic science practices and their limits and have free access to information and education on forensic science disciplines when needed. Systemic changes in forensic science disciplines in Canada, continued education in forensic sciences for legal actors, and changes in the law of reliability of evidence are necessary to prevent improper expert evidence from continuing to contribute to wrongful convictions. This paper concludes by with a case study evaluating how the proposed systemic changes could have made a difference in a real-world case where expert evidence was flawed.
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Roclawska, Monika, e Adam Bulat. "Towards an American Model of Criminal Process: The Reform of the Polish Code of Criminal Procedure". Baltic Journal of Law & Politics 7, n. 1 (1 giugno 2014): 1–11. http://dx.doi.org/10.2478/bjlp-2014-0001.
Testo completoAbstract (sommario):
Abstract In September 2013, the Polish Parliament passed an amendment to the Code of Criminal Procedure. The legislators decided to expand a number of adversarial elements present in current Polish criminal proceedings. When these changes come into effect (July 1, 2015), Polish criminal procedure will be similar to American regulations, in which the judge’s role is to be an impartial arbitrator, not an investigator. The authors of the article describe the meaning of the principle of adversarial trial in Poland. They also emphasized relations between this principle and the concept of “material truth”. The changes established by the amendment are shown in perspective of the American definition of adversarial trial. The authors analyze the reform and attempt to predict the problems with new regulations in practice.
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Aunurrofiq, M. "Kekuatan Yuridis Persumpsion Dalam Proses Pembuktian Perkara". Al-Jinayah: Jurnal Hukum Pidana Islam 3, n. 1 (22 marzo 2018): 192–225. http://dx.doi.org/10.15642/aj.2017.3.1.192-225.
Testo completoAbstract (sommario):
Abstract: This article discusses judicial strength of judge’s presumption in the examination process according to Islamic law of criminal procedure and Indonesian code of criminal procedure. Since there are numerous motive of crime nowadays, judges must always follow procedure and have sufficient legal knowledge in the examination process to ensure just verdicts. In the process, judicial presumption play crucial role but it must be based on evidence according to Indonesian code of criminal procedure. Similarly, in Islamic criminal procedure, presumption is important to be basis of verdict as long as supported by other evidence. The difference is that presumption in Indonesian code of criminal procedure can only be considered as indirect evidence, whereas is Islamic criminal procedure, it can perform as direct evidence. Thus, the use of presumption in examination of criminal cases depends on the judges’ wisdom.
Keywords: Presumption, Islamic law of criminal procedure, Indonesian code of criminal procedure.
Abstrak Artikel ini membahas tentang kekuatan yuridis persumpsion hakim dalam proses pembuktian perkara menurut Hukum Acara Pidana Islam dan KUHAP. Kekuatan yuridis persumpsion, menurut KUHAP, baru bisa mempunyai kekuatan hukum untuk menjatuhkan putusan jika dikaitkan dengan alat bukti yang lain. Kekuatan yuridis persumpsion menurut Hukum Acara Pidana Islam, sudah mempunyai kekuatan hukum untuk menjatuhkan putusan meskipun tanpa didukung oleh alat bukti lain. Persumpsion dalam KUHAP dan Hukum Acara Pidana Islam keduanya mempunyai kesamaan, yakni sama-sama dapat digunakan sebagai alat bukti dan mempunyai kekuatan hukum dalam proses pembuktian, sedangkan yang membedakan adalah KUHAP berlaku pada pembuktian tidak langsung sedangkan dalam Hukum Acara Pidana Islam berlaku pada pembuktian langsung. Sedangkan kelebihan serta kekurangannya tergantung kepada hakim, apakah ia mampu menggunakan persumpsion dengan arif dan bijaksana atau tidak dalam menangani, mengadili dan menjatuhkan putusan.
Kata Kunci: Persumpsion, pembuktian perkara, Hukum acara pidana Islam, KUHAP.
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Komalasari, Rita, Nurhayati Nurhayati e Cecep Mustafa. "KEADILAN BAGI PENYALAHGUNA NARKOTIKA DI INDONESIA". Arena Hukum 14, n. 3 (31 dicembre 2021): 479–99. http://dx.doi.org/10.21776/ub.arenahukum.2021.01403.4.
Testo completoAbstract (sommario):
This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tension and contradiction. One of the factors that influence the judge's decision is politics and the legal apparatus. This article contributes to the perception of judges who are influenced by juridical and sociological factors.
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Kho, Younghee. "Teaching Poe’s “The Black Cat” through Mock Trial Debate". Korean Society for Teaching English Literature 28, n. 1 (30 maggio 2024): 27–46. http://dx.doi.org/10.19068/jtel.2024.28.1.02.
Testo completoAbstract (sommario):
This essay explores the effects of teaching Edgar Allan Poe’s “The Black Cat” through mock trial debate. Based on the assumption that the mock trial debate form can complement the shortcomings of general discussion, the project assigns each student a different role - the accused narrator and his lawyer, the policeman as a witness and prosecutor, judge and court clerk. After preparing for 25 minutes, students start the mock trial under the judge’s moderation. The clerk records the process and presents the final verdict to the whole class. Through this approach, students are expected to improve skills not only for close reading, but also for reading with the grain and against the grain altogether; they are also expected to learn how to support their argument with evidence, persuade others, make a balanced decision, and deliver it neutrally. The mock trial debate was carried out in the fall semesters of 2022 and 2023, and was followed by a survey that asked students whether the experienced improvement in five areas: interest, text comprehension, critical thinking ability, communication skills, and other skills. The students answered most of the questions positively, thereby affirming the effectiveness of mock trial debate in the lesson on “The Black Cat.” The experiment exemplifies how we can develop our expertise as researchers and teachers to maximize the effectiveness of discussion.
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Ren, Qing. "Analyzing Appraisal Resources in the Judgment Discourse of Ulysses Copyright Infringement Case". International Business & Economics Studies 6, n. 2 (30 aprile 2024): p284. http://dx.doi.org/10.22158/ibes.v6n2p284.
Testo completoAbstract (sommario):
In this economic society, intellectual property protection play an important role in maintaining the national economic order and promoting social development. The infringement of intellectual property will bring great harm to the public and national interests. This study aims to analyze the appraisal resources in the court judgment of Ulysses copyright infringement case, especially from the perspective of attitude and engagement system. By adopting a descriptive and exploratory approach, the study investigates how attitude and engagement resources serve the declaratory and justificatory functions of court judgments. It is found that appreciation and judgement in attitude system are widely used in this court judgment, while affect is seldom applied for it deals with people’s personal feelings. For engagement, disclaim and entertain resources are applied from time to time in processing the judge’s objective fact analysis. It also shows that the court can effectively arrive at judgments with justice when the court professionals have better knowledge and make proper use of the appraisal resources. It is hoped that this study can arouse the awareness of legal professionals to maintain their law-based role of justice in copyright cases by the proper application of appraisal resources in their distinctive language.
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Izzy Al Kautsar e Danang Wahyu Muhammad. "The Need for Regulation of Product Information Disclosure Outside the Consumer Protection Law". Lambung Mangkurat Law Journal 7, n. 2 (12 settembre 2022): 132–46. http://dx.doi.org/10.32801/abc.v7i2.140.
Testo completoAbstract (sommario):
The purpose of this study is to analyze the relation of information disclosure to the role of law as a tool of social engineering and social control and to examine the reasons for the judge’s legal considerations related to information disclosure in the Constitutional Court Decision Number 65 /PUU-XIII/2015. This research uses a normative method. The results of this study show a relationship between legal norms and economic values, so legal binding is needed to accommodate consumer rights. The Consumer Protection Law was established to manipulate and control the trade cycle to create security, certainty, and safety, especially for consumers, against the behavior of business actors. The Consumer Protection Law Number 8 of 1999 has accommodated the rights of consumers. The capacity of the article in the Constitutional Court Decision Number 65 /PUU-XIII/2015 cannot regulate each type of goods or service in detail because of the broad aspects of the trade. The regulation regarding exact addresses is regulated outside the Consumer Protection Law.