Artykuły w czasopismach na temat „Judicial Division”
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Pechegina, Polina D., i Maria O. Diakonova. "Specialization of Judicial Activity in Foreign Legal Orders2". Russian Journal of Legal Studies (Moscow) 10, nr 2 (18.07.2023): 62–73. http://dx.doi.org/10.17816/rjls346670.
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The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.
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Chen, Lingling. "Judicial Differences and Countermeasures on Division of Unregistered Houses with Joint Investment by Spouse in Divorce Proceedings". Frontiers in Humanities and Social Sciences 3, nr 7 (22.07.2023): 61–72. http://dx.doi.org/10.54691/fhss.v3i7.5301.
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The difficulty of judicial trial is how to divide the unregistered property jointly invested by the couple when they divorce. Analysis of 383 cases of division of unregistered houses jointly funded by spouses in divorce reveals that regarding the request for the division of a house jointly invested by the couple but not registered, the court has ruled not to divide, but also has ruled division of management and use rights or division of ownership. The decision is not divided and cannot achieve the effect of judicial division and dispute resolution, and its application should be strictly restricted; The ruling on the division of rights and interests under unregistered housing related contracts lacks legal reference, and judicial interpretations should be supplemented as a formal basis; There is a reasonable application space for division of management and use rights or division of ownership, and the specific application situations should be summarized based on judicial practice to coordinate the conflict of application between the two.
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Basysta, Iryna. "Classifying Actions in Sentencing Based on the Classifying Criterion “Repeated”: Correlation between Criminal Procedural and Criminal Law Aspects". NaUKMA Research Papers. Law 6 (15.02.2021): 3–11. http://dx.doi.org/10.18523/2617-2607.2020.6.3-11.
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Presently, different judicial divisions of the Criminal Cassation Court of the Supreme Court offer varying legal conclusions concerning the possibility to classify the actions of a person when sentencing based on the criterion of classification “repeated” varies. This conclusion follows from the analysis of the judicial Decree as of December 11, 2019 (Proceeding No. 51-4204 км 19, Сase No. 274/2956/17) of the Third judicial division of the Criminal Cassation Court, the Decree of the First judicial division of the Cassation Criminal Court as of July 10, 2018 (Proceeding No. 51-2475 км 18, Case No. 545/3663/16-к), and of the Decree as of February 27, 2019 (Proceeding No. 51-5205 км 18, Case No. 695/136/17) of the Second judicial division of the Criminal Cassation Court.Due to such a state of affairs, the already amalgamated division of the Criminal Cassation Court of the Supreme Court was making its own decision in Case No. 591/4366/18 (Proceeding No. 51-1122 кмо 20) on September 14, 2020. Yet, my opinion is that not all arguments and statements of facts provided in this decree can be agreed on without questions.In the process of the research, it was proved that the situation of the judge’s practicing their discretion powers concerning merging criminal proceedings into one proceeding (according to the requirements of Article 334 of the Criminal Procedural Code of Ukraine) is the only exceptional situation that provides for, in absence of the court’s guilty verdict in “the first criminal proceeding,” which for the legal classification of the repeated offence must take a legal effect, using the criterion of classifying the actions of the accused as “repeated” in the “next criminal proceeding.” Otherwise, we should be discussing violation of the constitutional foundation of presumption of innocence in the criminal proceeding and a securing proof of guilt.
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Ablyatipova, N., i I. Yashina. "Section of Common Debt of Spouses: Selected Problems of Theory and Law Enforcement Practice". Bulletin of Science and Practice 10, nr 3 (15.03.2024): 493–98. http://dx.doi.org/10.33619/2414-2948/100/64.
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The article is devoted to the study of theoretical and practical issues of dividing the common debts of spouses. During the study, the authors examined approaches to defining the concept of “common debts of spouses” and analyzed legal norms on the division of common debts of spouses. Judicial practice (of courts of general jurisdiction and arbitration courts) has been studied to identify problems that arise in judicial practice when considering cases of division of property. Based on the results of the work, the authors proposed solutions to problems arising in judicial practice when considering disputes about the division of property, which consist in the need to make changes to family and civil legislation.
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Sobandi, Sobandi. "THE JUDICIAL POWER LIMITATION OF COMMERCIAL COURTS COMPETENCY IN COMMERCIAL DISPUTES". International Journal of Law Reconstruction 5, nr 2 (10.10.2021): 292. http://dx.doi.org/10.26532/ijlr.v5i2.17706.
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One of the important instruments in a state of law is the existence of an independent judiciary, whether it is based on the doctrine of separation of powers, the notion of a state based on law or democracy. An independent judicial power is not absolute in the sense that it is free to lead to arbitrariness so that there must be restrictions on that power and freedom. The approach method is used a normative juridical approach. The results of the study found that the limitations of judicial power were based on the constitutional basis, namely Article 1 paragraph 3 of the 1945 Constitution, Article 24 of the 1945 Constitution and Article 24 A of the 1945 Constitution. From the concept of separation or division of powers, compose an independent judicial power which is exercised by a Supreme Court and judicial bodies under it and a Constitutional Court. The commercial court as a sub-system within the judicial power is a special court under the general judiciary that has different competencies from other general courts. The implementation of the limitation of judicial power in the competence of the commercial court to realize an independent judicial power is normatively spread out in various laws.
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Kononova, А. V. "Judicial Management in Civil Proceedings: Formal and Material Components". Rossijskoe pravosudie 4 (24.03.2020): 59–71. http://dx.doi.org/10.37399/issn2072-909x.2020.4.59-71.
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The article examines the traditional division of law into public and private, and the impact of this division on the principles and institutions of civil procedural law, as well as on the nature of judicial leadership in civil proceedings. As the methods of research historic, dogmatic, analysis and synthesis were chosen. According to the results of the study, it was found that the division of law has a significant impact on the civil process, determining its division into material and formal components. The author concludes that within each of the components of the process, the judicial management has significant features that lead to the allocation of two types of such management: material and formal.
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Ramos Alves, Luís Henrique, i Shirley Oliveira Lima Nomura. "ATIVISMO JUDICIAL E A SEPARAÇÃO DOS PODERES NO SÉCULO XXI: EXORBITAÇÃO DA FUNÇÃO ATÍPICA DO PODER JUDICIÁRIO". Colloquium Socialis 2, Especial 2 (1.12.2018): 175–80. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0274.
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The separation of powers is a general principle of Brazilian Constitutional law prescribed in article 2 of the Federal Constitution following the model idealized by Montesquieu, Executive, Legislative and Judiciary, each of the powers has its respective characteristics and also has its typical and atypical functions. In the system of separation of powers there is a theory called System of Brakes and Counterweights, where it controls the division of powers and ensures that each one acts within its respective sphere of competence. With the passage of time within the Brazilian scenario has been emerging the so-called Judicial Activism, a phenomenon that arises when the judiciary proceeds to intervene proactively in the sphere of competence of other powers. With this, the present article seeks to show judicial activism, focusing on the exorbitance of the atypical function of the judiciary and how this judicial activism is triggered within the system of separation of powers.
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Simeneh Kiros Assefa. "Binding Interpretation of Law in Ethiopia: Observations in Federal Supreme Court Cassation Decisions". Mizan Law Review 18, nr 1 (30.03.2024): 1–40. http://dx.doi.org/10.4314/mlr.v18i1.1.
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The Federal Supreme Court Cassation Division reviews cases based on cassation petition against final court decisions when they contain a fundamental error of law. Such decisions of the Cassation Division rendered by five judges are binding on lower courts. This article reviews cassation decisions for content and form under six categories. It also reviews how the Cassation Court sees its role to better contextualise the effectiveness of those decisions. It finds that the Cassation Division sees itself as part of a court, not an independent judiciary based on separation of powers, and its decisions show significant deference to administrative decisions, and heavy-handed interpretation and application of the rules of criminal and administrative laws. In civil cases, it shows strict interpretation of statutes; it does not resort to principle-based interpretation of rules; it rather interprets statutes as any other ordinary court does. Even if continental legal systems do not envisage case laws through their judicial decisions, courts are not expected to merely rely on the literal readings of the law where such readings are silent, absurd, unreasonable, inconsistent, and contrary to legislative intent. With regard to the form the judgments are written, there are decisions that are not befitting a Cassation Division, the highest judicial organ in Ethiopia.
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Sirait, Aladin. "INDONESIAN JUSTICE LEGAL POLITICS POST AMENDMENT OF 1945 CONSTITUTION". Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 12, nr 1 (30.06.2020): 37–56. http://dx.doi.org/10.20414/alihkam.v12i1.2304.
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The essence of change in the field of justice after the amendment is a change in the system of judicial power at the constitutional and statutory levels. The creation of new supreme judicial institutions namely the Constitutional Court, in addition to the Supreme Court as the bearer and executor of the highest judicial powers in the presence of an independent Judicial Commission and cannot be separated from the powers of the judiciary. Legal politics that gave birth to the Constitutional Court Institution in its scope of duties and authority has played a large and important role in the goal of realizing justice. The Judicial Commission in its duties and authorities can substantially improve law enforcement in the environment and justice within the Supreme Court by proposing the appointment of a Chief Justice to the House of Representatives (DPR). The Supreme Court made progress with the issuance of Guidelines for the Implementation of Oversight within the Judiciary and the Joint Decree of the Chair of the Supreme Court and the Chair of the Judicial Commission on the Code of Ethics and the Code of Conduct for Judges. The Constitutional Court and Judicial Commission in its position as a high state institution with a strict division of tasks and authority has played a role in the creation of checks and balances mechanisms.
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Padfield, Nicola. "THE LEGALITY OF THE MANDATORY LIFE SENTENCE". Cambridge Law Journal 61, nr 1 (7.03.2002): 1–52. http://dx.doi.org/10.1017/s0008197302221509.
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CHALLENGES to the mandatory life sentence by way of judicial review continue to hit the courts. Among the most dramatic are R. v. Lichniak and R. v. Pyrah [2001] EWHC Admin 294, [2001] 3 W.L.R. 933, where it was argued that the mandatory sentence violated Article 3 of the European Convention on Human Rights (prohibition of torture or degrading treatment or punishment) because it was disproportionate, and that it violated Article 5 of the Convention (right to liberty and security) because it was arbitrary. When Scott Baker J. granted leave to apply for judicial review he ordered that the court should sit both as a Divisional Court and as the Court of Appeal (Criminal Division). Kennedy L.J., giving the judgment of the Court of Appeal, held that “the most attractive route” was for the Court to sit as a division of the Court of Appeal.
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Wicaksono, Dian Agung, i Faiz Rahman. "Influencing or Intervention? Impact of Constitutional Court Decisions on the Supreme Court in Indonesia". Constitutional Review 8, nr 2 (30.12.2022): 260. http://dx.doi.org/10.31078/consrev823.
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The third amendment of Indonesia’s 1945 Constitution, conducted in 2001, had significant implications for the nation’s judiciary. It transformed the judiciary from a single to a dual structure. Consequently, there are two apexes of the judiciary: the Supreme Court and the Constitutional Court. Furthermore, the establishment of the Constitutional Court divided judicial review authority between the two apex courts. The Constitutional Court can review laws against the Constitution, while the Supreme Court has the power to review whether regulations, made under laws, contradict such laws. Although the Indonesian Constitution provides explicit delineations over the absolute competence of judicial review, the division of judicial review has often triggered tension between the two courts. The Constitution allows the Supreme Court to have additional authorities granted by laws. On the other hand, the Constitutional Court has the power to review any law against the Constitution, including laws related to the Supreme Court. This article seeks to answer the important question of whether the Constitutional Court could influence or intervene in the Supreme Court through judicial review. The authors argue that the duality of judicial review authority unintentionally causes an imbalance in the functional relationship between the two apexes of the judiciary. The main reason is that the Constitutional Court can influence or intervene in the Supreme Court through constitutional review authority. The authors examine two essential aspects of this: (1) the functional implications of duality of judicial review authority; and (2) the implementation of the Constitutional Court’s authority in reviewing laws, especially those closely related to the Supreme Court’s authorities. Various cases are examined to illustrate how the Constitutional Court could directly or indirectly influence the Supreme Courts’ authorities. The Constitutional Court, however, often seems to ‘play safe’ to maintain the judiciary’s imbalanced relationship caused by the dualism of judicial review authority.
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De Brasi, Leandro. "Judicial decisions, intellectual virtues and the division of labour". International Journal of Evidence & Proof 24, nr 2 (19.12.2019): 142–61. http://dx.doi.org/10.1177/1365712719894007.
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In this paper I argue that, given that one epistemic goal of judicial decision-making is to reach reasonably plausible decisions, the divisions of epistemic and cognitive labour help processes of judicial decision-making to better promote that goal under certain conditions. Those conditions concern the possession of a certain intellectual character (in particular, a humble and autonomous character) by the subjects exploiting those divisions of labour and the existence of a certain diversity among those subjects. So, in order to better promote reasonably plausible decisions, we should take measures that make it likely that those divisions of labour are exploited under those conditions. Given this, some prescriptive recommendations are made.
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Borodina, Elena Vasil'evna. "Yekaterinburg division of judicial and country affairs during the 1735–1740: structure of presence of the institution". Genesis: исторические исследования, nr 11 (listopad 2021): 16–29. http://dx.doi.org/10.25136/2409-868x.2021.11.36796.
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The subject of this research is the Yekaterinburg division of judicial and county during the 1735–1740. Despite the fact that any institution of the XVIII consisted of chancellery and presence, attention is focused on the analysis of the composition of “judges” – presence of the division throughout six years of its existence. The goal of the article is to determine the dynamics of changes in the composition of judges of the institution, which revealed the peculiarities of human resource policy in the Ural local administration in the mid XVIII century. The research relies on the documentary sources stored in the State Archive of Sverdlovsk Region, primarily minutes record books of minutes of the division of judicial and country affairs for the indicated period that contain information on the composition of officials in panel sessions of the institution. In this regard, the methods of research have become the methods of source research. The novelty of the study lies in the fact that reconstruction of the composition of presence of the regional administrations of the XVIII century are virtually absent. For the most part, they pertain to the time of major judicial and administrative transformations of the first and last quarters of the XVIII century. The institutions vested with judicial powers that existed in the second and third quarters of the XVIII century usually are do not receive due attention. In the course of analysis of the documentary materials, the conclusion is made on instability in the composition of the division of judicial and county affairs. The members of the presence rarely met in full, and the seat of the “chief magistrate” often lied vacant. All members were military servants with regular assignments, which was unrelated to their work in the department. The clerks remained the main driving force in the judicial process.
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Movsesian, Mark L. "Law, Religion, and the COVID-19 Crisis". Journal of Law and Religion 37, nr 1 (styczeń 2022): 9–24. http://dx.doi.org/10.1017/jlr.2021.82.
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AbstractThis essay explores judicial responses to legal restrictions on worship during the COVID-19 pandemic and draws two lessons, one comparative and one relating specifically to U.S. law. As a comparative matter, courts across the globe have approached the problem in essentially the same way, through intuition and balancing. This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. Smith test inside the United States, which rejects judicial line-drawing and balancing in favor of predictable results. Judges have reached different conclusions about the legality of restrictions, of course, but doctrinal nuances have made little apparent difference. With respect to the United States specifically, the pandemic has revealed deep divisions about religion and religious freedom, among other things—divisions that have inevitably influenced judicial attitudes toward restrictions on worship. The COVID-19 crisis has revealed a cultural and political rift that makes consensual resolution of conflicts over religious freedom problematic, and perhaps impossible, even during a once-in-a-century pandemic.
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Mejía Turizo, Jorge, i Roberto Pérez Caballero. "Judicial activism and its effects on the division and balance of powers". Justicia 3, nr 27 (1.01.2015): 30–41. http://dx.doi.org/10.17081/just.3.27.319.
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De, Rohit. "“A Peripatetic World Court” Cosmopolitan Courts, Nationalist Judges and the Indian Appeal to the Privy Council". Law and History Review 32, nr 4 (14.10.2014): 821–51. http://dx.doi.org/10.1017/s0738248014000455.
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In early 1943, Lord Wilfred Green, the Master of Rolls and the head of the Chancery Division of the British judiciary, authored a secret memorandum proposing that the Judicial Committee of the Privy Council become a “peripatetic court” that would travel throughout the British Empire. This article explores the origins and politics of this proposal to provide a critical re-description of the role of the Privy Council and the circulation of law within the British Empire.
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Haysom, Nicholas, i Clive Plasket. "The War Against Law: Judicial Activism and the Appellate Division". South African Journal on Human Rights 4, nr 3 (styczeń 1988): 303–33. http://dx.doi.org/10.1080/02587203.1988.11827750.
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Russell, Peter H. "Comment on “Critics of the Judicial Committee: The New Orthodoxy and an Alternative Explanation”". Canadian Journal of Political Science 19, nr 3 (wrzesień 1986): 531–36. http://dx.doi.org/10.1017/s000842390005455x.
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I appreciate the opportunity Professor Vaughan's article provides to clarify some of my thoughts on the Judicial Committee and constitutional interpretation.Vaughan and I are in agreement on two broad points. First, the Judicial Committee of the Privy Council read a theory of classical federalism into the BNA Act. This theory of divided sovereignty was expressed most clearly by Lord Watson in the Maritime Bank case. Secondly, the BNA Act's treatment of federalism is highly centralist, both in the division of powers and in the federal government's imperial powers over provincial governments. Both these points are contained in the following passage from my introduction: “In their anxiety to preserve a division of powers appropriate for “classical federalism” and thereby resist the strongly centralizing tendencies of the constitutional text, the Judicial Committee developed an acute sensitivity to the competing claims of the provinces and the federal government.” I think Professor Vaughan would agree with that statement.
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'Nyane, Hoolo. "The interface between the right to life and the right to health in Lesotho: Can the right to health be enforced through the right to life?" African Human Rights Law Journal 22, nr 1 (11.08.2022): 1–23. http://dx.doi.org/10.17159/1996-2096/2022/v22n1a11.
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As a liberal constitution, the Constitution of Lesotho maintains a bifurcated human rights framework. Human rights are embodied in two distinct chapters - chapter II and chapter III - with different legal implications. Chapter II contains civil and political rights styled 'fundamental human rights and freedoms' while chapter III embodies socio-economic rights styled 'principles of state policy'. The right to life falls under chapter II, while the right to health is under chapter III. The juridical effect of this division is that socio-economic rights are not judicially enforceable. The courts have been tenacious in maintaining this division. The High Court's recent decision in Lesotho Medical Association v Minister of Health has challenged this prevailing judicial policy. In this case the Court adopted a liberal approach to the right to life in enforcing the right to health. The Court held that the failure by the Ministry of Health to provide personal protective clothing to health workers was a violation of the right to life. The main question for human rights scholarship is whether this decision could signal a change of approach by the judiciary in Lesotho in favour of the liberal approach to the right to life. This article sets out to investigate this question.
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Liubimova, E. V. "JUDICIAL JURISDICTION OF CORPORATE DISPUTES ARISING IN NON-PROFIT ORGANIZATIONS". Ex jure, nr 2 (2022): 115–23. http://dx.doi.org/10.17072/2619-0648-2022-2-115-123.
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Abstract: the article discusses the distribution of corporate disputes between courts of general jurisdiction and commercial courts. At the moment, the legislator is guided by the division of legal entities into commercial and nonprofit organizations. The article notes that commercial activity is not included in the subject of proof in corporate disputes, therefore it is a random criterion of judicial jurisdiction. Analyzing the rights and obligations of participants of different companies, the author comes to the conclusion that the division of legal entities into corporate and unitary is important when considering corporate disputes. According to the author, if we recognize the need for a different procedure for the consideration of corporate disputes, it seems more appropriate to allow the separation of cases related to the creation, management and liquidation of unitary legal entities.
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Singh, Tanushree, i Akash Singh Thakur. "Administration of Justice: Judicial Delays in India". Indian Journal of Public Administration 65, nr 4 (18.11.2019): 885–96. http://dx.doi.org/10.1177/0019556119873451.
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In unique as well as comparative terms, the Indian judiciary—an integrated federal hierarchy with federal, state and district courts set up under the Constitution—fares better than the legislative and executive branches of the governments in India as well as those in other countries, especially in the Global South, in terms of impartiality, efficiency and independence. This article seeks to take a closer analytical look at an aspect of judicial administration, which is often glossed over in the existing literature in highlighting the issues of autonomy and constitutional adjudication and constitutional law on fundamental rights of citizens, federal division of powers, separation of powers, judicial review and the like. In this article we focus on the perennial and notorious judicial delays, their causes and remedial reforms. Delays in speedy disposal of cases occur mainly due to a large number of vacancies that remain unfilled partly due to fiscal reasons, administrative inaction and tension between the executive and the superior courts, lack of adequate operational budgetary allocations and physical infrastructure and frequent postponement of hearings until next dates set for reasons not always genuine. We have suggested reforms in the administration of the courts as well as alternate forums like Lok Adalats, e-judicial governance, ethical discourse in the Bar and the Bench as well as the civil society.
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Chen, Mingfei, Ying He i Jie Gao. "A Quantitative Model of the Multisubject Quality Responsibility of Construction Projects Based on an IPSO". Mathematical Problems in Engineering 2023 (30.01.2023): 1–14. http://dx.doi.org/10.1155/2023/3852588.
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In order to solve the problem of the quantitative division of multisubject quality responsibility in construction project quality disputes, this article proposes a quantitative model of multisubject quality responsibility division in construction projects based on an improved particle swarm optimization (IPSO). First, this article proposes a set of classification guidelines for quality risk behaviors based on the theory of organizational behavior. Through these, the interconnections between different types of risk behaviors and quality defects were explored. Following this, this article explored potential laws among 84 practical judicial cases from China using the IPSO. The category coefficients of the three types of quality risk behaviors, namely, technical defects, management violations, and irregularities, were obtained in this analysis. This article also deduced the mathematical expression of the division of engineering quality responsibility using fuzzy mathematical theory and established a multisubject quality responsibility quantitative model. It was then simulated and applied in four practical judicial cases. The simulation results revealed that the multisubject quality responsibility quantitative model based on quality risk behavior has good applicability.
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Mangione, Gabriella. "Some Brief Remarks on the Controversial Relationship Between the Judiciary and Politics in Italy". Comparative Law Review 27 (22.12.2021): 79–104. http://dx.doi.org/10.12775/clr.2021.003.
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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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Т. В. Хутько. "Mohammedan spiritual court in the Taurida Governorate (the end of the XVIII – the first half of the XIX century)". Problems of legality, nr 124 (2.03.2013): 187–95. http://dx.doi.org/10.21564/2414-990x.124.52508.
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The judicial activities of the Taurida Mohammedan spiritual government is studied in the article on the basis of analysis of the legislation of the Russian Empire with the involvement of archival materials. The author identifying the major powers in the exercise of judicial functions by government as consideration of marriage and family cases, wills and disputes over the division inheritance. It is found that cases were heard on the basis of Muslim law and based on the rights granted by the Russian authorities.
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Treskov, Aleksej P., Ella Z. Jamil, Alevtina E. Novikova, Valery N. Samsonov i Sergey S. Zakharov. "Judicial Power Principles in the Constitutions of African States". Cuestiones Políticas 37, nr 65 (6.08.2020): 209–16. http://dx.doi.org/10.46398/cuestpol.3865.16.
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The objective of the research was to study the principles of the judiciary in the constitutions of some African states. The modern constitutional development of African states is mediated by the complex history of the continent, as well as by ongoing political processes. The emergence of basic laws in these states has become the basis not only for the establishment of constitutionalism, but also for the establishment and functioning of key public authorities. According to the functional division of state power, the organization and activities of the judicial authorities are inalienable. The source of such institutionalization and organization, of course, is its constitutions. In this sense, in the framework of this work, attention is paid to research to the analysis of the principles of the judiciary in the constitutions of African states. Formal-legal, linguistic-legal and comparative-legal methodology were used, which were used together to identify the principles of the judiciary. It is concluded that the analysis carried out showed that most of the constitutional principles sought are formalized in the special structural parts of the constitutions dedicated to the court of various instances.
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Zhou, Baozhou. "Research on Lis Pendens in Private International Law". Journal of Innovation and Social Science Research 8, nr 8 (30.08.2021): 61–64. http://dx.doi.org/10.53469/jissr.2021.08(08).14.
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Litigation concurrence, or parallel proceedings, is an essential issue in the international civil procedure law and judicial practice. It is a direct result of the division of national jurisdiction legislation at the international level. In order to avoid wasting judicial resources, the development of private international law has led to a move towards refinement and harmonisation of the provisions on parallel proceedings in national and international treaties. Lis pendens is a settlement of parallel proceedings and plays an important role in private international law.
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Frankiewicz-Bodynek, Anna. "W sprawie zgodności z Konstytucją RP powoływania sędziów – członków Krajowej Rady Sądownictwa przez Sejm". Przegląd Prawa Konstytucyjnego 70, nr 6 (2022): 141–53. http://dx.doi.org/10.15804/ppk.2022.06.10.
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The subject of this text is to determine whether Article 9a of the Law on the National Council of the Judiciary is compatible with the Constitution of the Republic of Poland. In order to answer this question, the relationship that should prevail between the various authorities in a system based on the principle of separation of powers was analyzed. Then, doubts were resolved as to whether the NCJ is a body appearing in the division of powers of the judiciary. In the end, it was concluded that in the RP, the Sejm should have no other creative powers over the judiciary than those expressly provided for in the Constitution of the RP. Otherwise, the chamber is placed in a position of unjustified supremacy vis-àvis the judiciary, and the judicial power provides no guarantee that human freedoms and rights will be decided by independent and impartial courts staffed by independent judges.
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Byrkovych, O. "Introduction of Russian state judiciary on the territory of Ukraine (end of XVIII – early XIX century)". National Technical University of Ukraine Journal. Political science. Sociology. Law, nr 1(45) (14.12.2020): 40–44. http://dx.doi.org/10.20535/2308-5053.2020.1(45).226488.
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The article reveals the peculiarities of the implementation of the Russian judicial system in the Hetmanate in the second half of the XVIII - first half of the XIX century. It is pointed out that the incorporation policy of the Russian Empire provided for the full inclusion of Ukrainian lands in the empire, both in administrative and legal aspects. Beginning with the abolition of the institution of the Hetmanate, the regimental-hundred system, the imperial authorities tried to eradicate from life all the legal attributes of the Cossacks, which were traditional for the population and differed from the classical Russian. One of such attributes of statehood was the system of the judiciary and the judiciary. Having determined the specifics and characteristics of the traditional Ukrainian judicial system, which has been implemented in the Hetmanate since the middle of the XVII century, judicial reforms of P. Orlyk, K. Rozumovsky, the peculiarities of the introduction of the Russian class system of justice are established. After the liquidation of the regimental-hundred system and the introduction of division in the provinces, zemstvo (provincial) and county courts began to be established on the territory of Ukraine, which had a wide range of powers and were divided into criminal and civil departments. Zemsky courts were the court of the highest instance and the main appellate body, but decided only cases involving the nobility. The formal election of judges and their subordination to the emperor was a compromise that satisfied both the government and guaranteed the loyalty of the nobility. County courts were under the control of the nobility, which leveled the transparency of decisions. The lowest judiciary was the village courts, which dealt with most economic and administrative issues related to the most vulnerable. The practice of «arbitration» and «conscientious» courts, whose task was to resolve disputes at the pre-trial stage, can be considered a certain positive. They minimized and debureaucratized the judicial system, forming an effective alternative to county courts. Contractual principles in the judiciary, given the existence of about 10 thousand legal acts, some of which were naturally not known to judges, and sometimes contradicted each other, became the key to the stability of the judiciary in the pre-reform period.
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Osmanlić, Iljaz. "Parliamentarism and current systems of division of state government". Univerzitetska misao - casopis za nauku, kulturu i umjetnost, Novi Pazar, nr 21 (2022): 152–63. http://dx.doi.org/10.5937/univmis2221152o.
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Parliamentarism arose as a negation of autocracy and political omnipotence, as a restraint and rejection of the cruelty and greed of charismatic and patrimonial rulers. Monarchist absolutism has long been powerful in suppressing that more complete essential feature of parliamentarism - its emancipatory, humanistic and democratic face. Parliamentary monarchy is, historically, the first state form in which the substance of the power of the traditional state is divided into three divided and redistributed activities in its exercise, three branches of government: legislative, executive and judicial. The principle of separation of powers is still the most important emancipatory principle of the modern state. From the point of view of parliamentary democracy and political pluralism, the principle of unity and the principle of division of state power are two polarities, two completely opposite values. The application of each of these two principles is strictly dependent on certain historical, socioeconomic and political circumstances and conditions in which a particular society finds itself. Even today, many believe that the application of the principle of unity of government achieves a broader and more complete democracy. This supremacy is reflected in the obligation for the executive and judicial bodies to work according to the law, apropos implementing the general decisions of the legislative body. Certainly, one of the most important reasons in the process of developing democracy and parliamentarism is the principle of separation of powers. It is necessary for each of the three branches of government to exercise its power, so that it stops and inhibits the arbitrariness of others. When we talk about a modern state, then we primarily have in mind the application and realization of the principle of separation of powers.
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Ahmadieva, Gyuzel'. "Classification of private definitions in the civilisation process". Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, nr 4 (27.12.2023): 56–62. http://dx.doi.org/10.35750/2071-8284-2023-4-56-62.
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Introduction: the article considers various approaches to the classification of private definitions, analyses the criteria for their division in the course of development of procedural legislation. This issue requires actualisation in procedural science in order to fully understand the essence and purpose of private definitions, as well as to improve their effectiveness. The aim of the article is to propose criteria for the division of private definitions that meet the current legislation and modern judicial practice.
Methods: The author used the methods of comparative analysis, synthesis, generalisation of scientific materials and other general and special methods of scientific cognition.
Results: based on the provisions of article 226 of the Code of Civil Procedure of the RF and article 188.1 of the APC of the RF, judicial practice and the results of scientific research, six criteria of classification of private determinations are proposed: by the subject who decides them; by the subject to whom the private determination is issued; by the plurality of subjects; by the initiating subject; by the grounds for issuing; by the nature of the committed offence. The expediency of expanding the subject composition of the institute of private rulings by including subjects of private law, such as individual entrepreneurs, legal entities and citizens is substantiated, which is conditioned by the development of judicial practice in this direction.
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Ablyatipova, Natalia. "Consistency of Law Enforcement Practice in Matters of Deviation from the Principle of Equality of the Spouses’ Shares in Their Common Property". Legal Concept, nr 3 (październik 2021): 116–24. http://dx.doi.org/10.15688/lc.jvolsu.2021.3.18.
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Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property is interpreted ambiguously in law enforcement, and the incorrect interpretation of the norm is revealed. In this regard, the author sets the goal: to summarize the approaches developed by the judicial practice on this issue, to identify and analyze the grounds for deviation from the principle of equality of shares in the division of property of spouses. Results: the reasons for the increase in the marital share are investigated, the problems of determining the criteria are identified, and the inconsistency of court decisions in similar cases when considering the categories “child’s interest” and “spouse’s interest” is established. Conclusions: based on the analysis of the legislation and materials of judicial practice, the problems of applying the grounds for derogating from the equality of the shares of spouses in the division of jointly acquired property and the ambiguity of the law enforcement are highlighted. Based on the results of the work, the author has developed some practical proposals and recommendations for improving the legislation.
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Ablyatipova, N. A., i E. V. Kunitsa. "SOME ISSUES OF SYSTEMATIC LAW ENFORCEMENT PRACTICE IN RESOLVING DISPUTES ON THE DIVISION OF PROPERTY IN COMMON OWNERSHIP AND ALLOCATION OF SHARES FROM COMMON PROPERTY". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), nr 1 (2021): 261–69. http://dx.doi.org/10.37279/2413-1733-2021-7-1-261-269.
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In this article, based on the analysis of the current civil legislation, judicial practice and scientific literature, some problems of the division of property in common share ownership and the separation of a share from common property are investigated. Individual cases of implementation of Article 252 of the Civil Code of the Russian Federation are analyzed on the example of decisions of the Central District Court of Simferopol, sepa-rate features of the procedure for consideration and conditions for satisfying claims are highlighted. The authors considered the issue of the need to clarify the provisions on the division of property and propose specifying the cases of the need to file a claim for the division of property, delimiting this institution from the allocation of a share.
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Lapkin, Andrii. "Legal Status of the Prosecutor’s Office in Ukraine". Teisė 124 (28.09.2022): 133–43. http://dx.doi.org/10.15388/teise.2022.124.11.
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The scientific article is devoted to the study of the legal status of the Prosecutor’s Office in Ukraine in the context of the development of judicial reform.The historical development of the Prosecutor’s Office during the independence of Ukraine, which was carried out by transforming from the Soviet model of “supervision service” to the model of the “prosecution service” established in Europe, is analyzed.The problems of determining the place of prosecutor’s office in the system of division of state power of Ukraine are investigated. The understanding of the prosecutor’s office as adjacent to the judicial authority of the legal institute is substantiated.The purpose and objectives of the prosecutor’s office, as well as the system of its functions, are described. The problems of functional appointment of the prosecutor’s office, as well as regulation of its functions are revealed.The system of prosecutor’s office is defined and its elements are characterized. The main links of the prosecutor’s office, as well as the division of prosecutors into territorial and specialized ones are investigated.
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Bonelli, Matteo. "Effective Judicial Protection in EU Law: an Evolving Principle of a Constitutional Nature". Review of European Administrative Law 12, nr 2 (31.12.2019): 35–62. http://dx.doi.org/10.7590/187479819x15840066091240.
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Effective judicial protection emerged as a EU law principle in the 1980s, operating alongside the Rewe principles of equivalence and effectiveness as a standard to assess national procedures for the enforcement of EU law. This article argues that the codification of effective judicial protection in Article 19 TEU and 47 of the Charter, operated by the Lisbon Treaty, has stimulated an evolution of the principle, which is evident in the recent case law of the Court of Justice. Today, effective judicial protection operates not only as a procedural principle, but also as a more substantive and structural one, and has generally acquired broader constitutional relevance. This evolution has crucial effects on the EU legal order: most importantly, it affects the division of competences between Member States and the EU, and between the Court of Justice and national courts.
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Leszczyński, Leszek. "Praktyka precedensowa w porządku prawa stanowionego. Podstawowe czynniki warunkujące". Przegląd Prawa i Administracji 110 (30.11.2017): 159–75. http://dx.doi.org/10.19195/0137-1134.110.12.
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PRECEDENTIAL PRACTICE IN THE STATUTORY LEGAL ORDER.BASIC DETERMINING FACTORSThe purpose of the paper deals with the consideration of the several basic factors determining the development of the precedential practice in the statutory legal order. Such practice might be defined at the using the previous judicial decisions in the actual decisional process in the validation or derivative aspects of the operational interpretation of law, with potential adaptation of some solutions from the common law order. Among the favorable factors for the shaping of this practice one might find the maturity and the positive attitude of the judiciary, features of the specific decision-making process, the attitude of the legal doctrine, social acceptance of the active role of the judiciary bringing potentially ethical correction to the legislative regulations, the technical and informational skill in identification of the needed decisions, the reliable evaluation of the candidate for the position of judge, as well as the functioning of the principles of division of powers, rule of law and independence of judiciary, being elements of the democratic political system. On the contrary, the autocratic political system keeps the position of the strongest counter-favorable factor to the precedential practice. One of the reasons deals with lack of the control of such practice from the center of political power, what brings the instruments that through the degradation of the above mentioned principles of democratic system, restrict the precedential judicial practice.
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Savelyeva, Maria V. "Demarcation of the Liability of Spouses Under Common Obligations in Marital Property Division". Family and housing law 1 (14.01.2021): 23–26. http://dx.doi.org/10.18572/1999-477x-2021-1-23-26.
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The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of spouses.
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Bowal, Peter. "The New Ontario Judicial Alternative Dispute Resolution Model". Alberta Law Review 34, nr 1 (1.10.1995): 206. http://dx.doi.org/10.29173/alr1107.
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The author introduces the new ADR Pilot Project currently being tried in the Ontario Court of Justice (General Division). Taking place in Toronto, the project is aimed at avoiding civil litigation. It involves ADR referral and management after filing of the Statement of Defence. First, the parties must meet. If the dispute remains unsettled, statements are submitted by the parties. The parties and counsel then attend an ADR session, which can be a mediation, mini-trial, or neutral evaluation. The advantages and disadvantages of the project are then detailed, for the parties, the public interest, and otherwise. The author notes that the pilot project stresses many of the same values that are dominant in provincial arbitration legislation. However, there are also significant differences between the schemes. In the end, the author is optimistic for the success of the project, but cautions that more time must pass before any meaningful assessments can be made.
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Bernatt, Maciej. "Effectiveness of Judicial Review in the Polish Competition Law System and the Place for Judicial Deference". Yearbook of Antitrust and Regulatory Studies 9, nr 14 (2016): 97–124. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.4.
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The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficient due process guarantees, the impartiality of decisionmakers, and the overall expert character of UOKiK’s decision-making process. On this basis the article examines whether there are grounds for the reviewing courts to defer to UOKiK’s findings. The article concludes that currently the review undertaken by SOKiK happens to be superficial and thus ineffective. At the same time, the Supreme Court’s review of the determination of the relevant market is not deferential towards UOKiK’s findings. The Supreme Court substitutes its own definition of the relevant market for that of UOKiK and that of the lower courts. However, the article shows that there are no grounds at the moment for arguing for greater judicial deference. Proceedings held before UOKiK, despite recently introduced improvements, still do not offer sufficient due process guarantees or a division between investigatory and decision-making functions. In addition, UOKiK’s expertise is not sufficient for both institutional and practical reasons
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Yap, Po Jen, i Rehan Abeyratne. "Judicial self-dealing and unconstitutional constitutional amendments in South Asia". International Journal of Constitutional Law 19, nr 1 (1.01.2021): 127–48. http://dx.doi.org/10.1093/icon/moab007.
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Abstract Courts around the world today are empowered to strike down unconstitutional constitutional amendments. But can a court strike down amendments that restore parts of the original constitution? The Appellate Division of the Bangladesh Supreme Court did precisely this in Bangladesh v. Asaduzzaman Siddiqui (2017), holding unconstitutional an amendment that restored the judicial removal provision that existed in the original 1972 Constitution. This article analyzes Siddiqui within the comparative constitutional amendment literature and the broader South Asian context. Despite the apparent incongruity of applying the basic structure doctrine to an original constitutional provision, we argue that Siddiqui is defensible on both theoretical and pragmatic grounds. The amendment that was invalidated in this case represented an unconstitutional departure from the judicial removal practice that had existed for several decades and was entrenched by a previous amendment, which “dismembered” the original constitution and safeguarded constitutional democracy in Bangladesh. At a regional level, Siddiqui is similar to recent judgments in India and Pakistan in which apex courts assert their control and limit political influence in judicial appointment and removal proceedings. Such judicial self-dealing, we argue, is more justified in Bangladesh and Pakistan than in India due to their checkered histories with democracy and political interference with judicial functions.
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RIBEIRO, Sirlene Elias. "SEPARAÇÃO DE PODERES E ATIVISMO JUDICIAL: LEGISLAÇÃO SIMBÓLICA E OS DIREITOS FUNDAMENTAIS". Percurso 2, nr 29 (3.04.2019): 377. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3503.
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RESUMOO presente artigo cuida de uma análise da atuação dos poderes Legislativo Executivo e Judiciário na realização e implementação dos direitos fundamentais previstos na Constituição Federal do Brasil. O Enfoque dado ao trabalho é a análise de considerações e definições doutrinárias acerca do tema proposto, bem como de julgados do Supremo Tribunal Federal, com o objetivo de uma conclusão acerca do crescimento do ativismo judicial e da judicialização das políticas públicas voltadas aos direitos humanos, passando por uma análise da elaboração de legislação simbolicamente e de uma atuação simbólica do Tribunal nas questões de direitos fundamentais. PALAVRAS-CHAVES: Ativismo; Judicialização; Divisão de Poderes; Legislação Simbólica. ABSTRACTThis article analyzes the performance of the Executive and Judiciary Legislative powers in the realization and implementation of fundamental rights foreseen in the Federal Constitution of Brazil. The focus of the work is the analysis of doctrinal considerations and definitions about the proposed theme, as well as of the Brasilian Federal Supreme Court, with the objective of a conclusion about the growth of judicial activism and the judicialization of public policies focused on human rights, through the analysis of the symbolic drafting of legislation and a symbolic role of the Court in matters of fundamental rights. KEYWORDS: Activism; Judicialization; Division of powers; Symbolic Legislation.
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Munday, Roderick. "“ALL FOR ONE AND ONE FOR ALL” THE RISE TO PROMINENCE OF THE COMPOSITE JUDGMENT WITHIN THE CIVIL DIVISION OF THE COURT OF APPEAL". Cambridge Law Journal 61, nr 2 (24.06.2002): 321–50. http://dx.doi.org/10.1017/s0008197302001642.
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This paper chronicles the very recent rise to prominence of the composite judgment, showing that at least one in seven decisions of the Civil Division of the Court of Appeal is now delivered in the form of an agreed, collective judgment of the court. In effect, English courts have quietly espoused something resembling a civilian judicial procedure. The article considers when appellate courts have tended to have recourse to this device and how they allocate responsibilities for drafting composite judgments, and concludes with reflections on some of the consequences that could flow from widespread adoption of this new appellate device. A subsequent paper will explore further the philosophical and comparative ramifications of this significant shift in English judicial method.
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Plekhanova, Olesya. "On the Possibility of Property Division Acquired Using the Accumulative Mortgage System of Housing Provision for Military Personnel in Case of Divorce". Academic Law Journal 24, nr 3 (31.08.2023): 359–63. http://dx.doi.org/10.17150/1819-0928.2023.24(3).359-363.
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The article considers the problem that arises during the divorce of spouses on the division of property, related to the peculiarities of military mortgages. The main problem is the question of the legality of recognizing residential premises acquired in marriage using mortgage lending in the accumulative mortgage system as joint property of the spouses. The decision on the division of such property in case of divorce also depends on the answer to this question. There is a discussion on this issue in legal science, and also there is no uniformity in judicial practice. Based on the analysis of the doctrine and law enforcement practice, the author comes to the conclusion that residential premises acquired in marriage with the use of mortgage lending in the accumulative mortgage system of a military serviceman should be recognized as joint property of spouses, including the aim of protecting the interests of a serviceman’s family members. This provision is affirmed by the Supreme Court of the Russian Federation in a decision on a specific case, but it should be formalized at the level of judicial practice review or in Ruling of the Plenary Session of the Supreme Court of the Russian Federation.
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William, Bediako Danso. "Corruption and its effects on the development of public sector management in Africa - A case study of ghana". i-manager's Journal on Humanities & Social Sciences 3, nr 2 (2023): 30. http://dx.doi.org/10.26634/jhss.3.2.20017.
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There is a growing perception that bribery and corruption are on the ascendant in Ghana and the rest of the African continent among the public sector. Many corrupt managers, top government officials, and public employees hide behind an institutional veil to rub states, countries, and organizations with huge sums of money for their selfish interests and personal gain. Over the years, servants in public services such as the Judiciary, the Police, Food and Drug Authority, Standards Authority, Immigration, and Customs Authority, like any other work environment in the public sector in Ghana and on the other continent, have been tagged with the reality of corruption and bribery. These corrupt practices within the public service in Ghana have really dented the reputation of many professions, including the judiciary and state security agencies. Corruption has worsened in state institutions, and this has had serious negative impacts on the development of the economy and its political dispensation. The overall aim of this research was to investigate the complex nature of corruption and its impacts on the development of public sector management in Ghana and other West African regions. The research began with a review of the literature on the complex nature of corruption and its impacts on the development of effective and efficient public management in Ghana. This was followed by case-bycase studies of two African countries (Ghana and Nigeria) linking it to their judicial administrations, police administrations, customs divisions, and food and drug authorities, among others. Primary data was also gathered from a field survey using interview questionnaires to unearth some of the challenges faced by Ghanaians in the fight against corruption. This study revealed that corruption in judicial settings, policing, the Food and Drug Authority, Immigration, and Customs Division in the countries stated in this case does not only involve giving or accepting bribes. It includes embezzlement, patronage, conflict of interest, theft, fraud, or insider dealing. This study will be of immense benefit to politicians and managers of law enforcement agencies.
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Barak-Erez, Daphne. "History and Memory in Constitutional Adjudication". Federal Law Review 45, nr 1 (marzec 2017): 1–16. http://dx.doi.org/10.1177/0067205x1704500101.
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This article considers the different ways in which judicial decisions use and narrate history. It distinguishes between several forms of judicial recourse to history, including the difference between decisions which refer to general history and decisions that refer to the history of legal documents; and the difference between decisions on factual controversies that have historical significance and decisions that take judicial notice of history. At the same time, this article recognises that the division between these categories is not clear-cut. An analysis of constitutional case law sheds light on the ways in which courts harness historical events in order to justify their normative choices. More specifically, while some judicial decisions cite history in order to justify continuity with the past, others regard history as a cautionary tale that calls for a change of direction. In between, some decisions opt for a middle route, supporting continuity with historical decisions but offering new interpretations of their lessons. This article concludes by examining decisions that try to ‘learn’ from history, illuminating the enduring challenge in drawing different and even conflicting lessons from the very same historical event.
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Georgieva Radeva, Neli. "Changes in the Constitutional Matter Affecting the Structure of the Judiciary During the Regime of 19 May 1934". Miscellanea Historico-Iuridica 20, nr 2 (2021): 87–111. http://dx.doi.org/10.15290/mhi.2021.20.02.07.
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The article “Changes in the constitutional matter affecting the structure of the judiciary during the regime of 19 May 1934” covers the changes in Bulgaria when on 19 May 1934, after a successful coup, the political circle ‘Zveno’ and the Military Union came to power. The coup was carried out in drastic violation of the constitution. A number of reforms had been undertaken in the country, some of which affected the constitutional structure. Particularly serious were those in the field of Bulgarian judicial organisation. The coup was carried out without the participation of the tsar, but was legitimized by him. The participants in the May 19 coup considered it necessary to change the procedure for the installation of the National Assembly. The constitutional powers of the Grand National Assembly were taken away by the government. The electoral right and the right of association guaranteed by the Tarnovo Constitution were violated. Amendments were also made to the administrative-territorial division of the country, which were implemented by ignoring the Constitution, where the names of the territorial units are explicitly mentioned. All these changes, euphemistically called “renewal”, affected the judicial system as well. The government of Kimon Georgiev, on the basis of Article 47 of the Tarnovo Constitution, issued on 24 November 1934 the Decree-Law on the Structure of the Courts. Interestingly, the structure of the 1926 law was adopted. Most of its text was reproduced, and the additions made concern primarily the internal structuring of some chapters and the introduction of new paragraphs. It was a major reform of the Bulgarian judicial system.
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Lewicki, Zbigniew. "OD DEMOKRACJI PRZEDSTAWICIELSKIEJ DO DEMOKRACJI PRAWNICZEJ: KONSTYTUCJA STANÓW ZJEDNOCZONYCH A EWOLUCJA USTROJOWA PAŃSTWA". Zeszyty Prawnicze 11, nr 3 (20.12.2016): 13. http://dx.doi.org/10.21697/zp.2011.11.3.02.
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FROM REPRESENTATIVE DEMOCRACY TO JUDICIAL DEMOCRACY: THE CONSTITUTION OF THE UNITED STATES AND THE EVOLUTION OF THE POLITICAL SYSTEM Summary The article discusses the process in which the judiciary branch has claimed and maintains its supremacy over the other two branches by practicing the extra-constitutional process of judicial review. Prior precedences under the British or colonial rule can hardly be claimed as they were established in a markedly different system in which the tripartite division of power was not as pronounced as it is under the U.S. Constitution. The real culprit is the U.S. Congress which refrains from making clear rules in controversial matters, such as abortion. The Supreme Court swiftly moved into the void to the point where the beliefs of nine nominated Justices outweigh the views of over five hundred elected representatives of the people, to wit: the flag burning controversy. While the learned opinions of nine learned and respected specialists should not be dismissed lightly, it is a far cry from the Founding Fathers’ intention if one person’s preferences can sway the nation’s political system, as is the case when the Court is divided between four liberals and four conservatives. However, lawyers are unlikely to give up the power they have usurped over time.
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Khan, Haseeb, Iqbal Hussain Asad i Adeel Ahmad. "Investigating the Problems Being Faced by the Judicial Libraries Users: A Quantitative Study Conducted in Malakand Division Khyber Pakhtunkhwa, Pakistan". Spring 2023 3, nr 2 (30.06.2023): 1030–41. http://dx.doi.org/10.54183/jssr.v3i2.331.
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Overall, judicial libraries play a critical role in supporting the legal profession, promoting access to justice, and preserving the history of the law and the judicial system. Therefore, the major aim of this research was to investigate the problems being faced by judicial library users in the Malakand division of KPK. To meet the objective of the research, the researcher employed a quantitative research design with a closed-ended survey questionnaire for the purpose of collecting data. The data were collected from Judges and Advocates. There were 310 participants who participated in this study. According to the statistics of the participants, there were 243 males and 67 females. The statistics suggest that the majority of the participants were males. The collected data were analyzed by SPSS software, t-test, and ANOVA test. The problems found by the researcher include a lack of computer terminals in the digital library, libraries' Lack of prescribed textbooks, Slow internet speed, special skills required to use legal resources, Non-availability of law-related digital resources, Library Location of books very difficult, Lack of trained or professional staff in the library, Lack of knowledge regarding availability of electronic resources and services, No subscription for desired journals, Printing, and Scanning and photocopy problems, and Lack of OPAC facility.
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Hdanskyi, Nazar. "Measures to ensure the institutional independence of the judiciary". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, nr 40 (18.12.2023): 283–93. http://dx.doi.org/10.23939/law2023.40.283.
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Abstract. In accordance with international legal standards in Ukraine, the independence of judges is guaranteed by the Constitution (part one of Article 126). It is prohibited to influence the judge in any way (part two of Article 126 of the Constitution of Ukraine). Also, the first part of Article 129 of the Basic Law of Ukraine states that a judge, when administering justice, is independent and governed by the rule of law. The institutional independence of the judiciary is implicitly embodied at the level of the text of the Constitution of Ukraine, in addition to the above-mentioned norms, also in part one of article 6 (state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial), parts one and two of article 8 (in Ukraine the principle of the rule of law is recognized and applied. In addition, the content of Articles 128, 129-1, 130, 130-1, 131 of the Basic Law of Ukraine gives the scientist grounds for the conclusion that the institutional independence of the judiciary is also guaranteed by the independent procedure for appointing a judge to a position determined at the constitutional level, the binding nature of a court decision , ensuring the proper financial maintenance of judges and financing of the judicial system, independent mechanisms for selecting judges and bringing them to disciplinary responsibility, independence of judicial self-government and governance. The above constitutional guarantees of the independence of the judiciary are specified at the legislative level - first of all, in the Law of Ukraine "On the Judiciary and the Status of Judges", most of the articles of which to one degree or another are related to the principle of independence of judges, in addition, Article 6 of the Law is separately devoted to this issue. We must emphasize that the independence of the judiciary is a necessary basis of a civilized society, the real provision of which is, in turn, a mandatory condition for building a legal democratic state - in the modern world, it is an axiom that does not need any additional argumentation. We consider the independence of the judiciary as a phenomenon caused by internal and external factors. The internal aspect of an independent court can have many components, but, first of all, it is based on the moral principles and ethical norms of a specific person - a judge. Here, the concept of independence is very closely intertwined with such categories as impartiality, impartiality and justice, ultimately denoting a certain way of thinking. After all, it is obvious that each person perceives the same circumstances individually, through the prism of their own ideas about the world. Specific factors that someone will leave out of consideration (for example, statements, comments of colleagues, publications, etc.), for another can have a decisive influence on the formation of an attitude towards a certain person or a certain situation, therefore, the lack of moral maturity of a person who administers justice can nullify the constitutional and legally established guarantees of judge independence. Let us emphasize that internal independence in the context described above is the personal duty of every holder of judicial power - a judge, which originates from the moral and ethical qualities of a specific person and determines the corresponding results of his activity. The external factor that ensures the review and decision of the case by an independent judge is the independence of the judiciary as one of the main values of a modern democratic state, as a sign of the relationship of a judge (a specific holder of judicial power during the performance of his official duties) with any subjects. It is argued that the institutional independence of the judiciary is a complex and multifaceted phenomenon, since it should be considered as the prevention of any undue external influence on the judiciary, its full autonomy from other branches of government, which not only means non-interference in the function of justice, but also involves compliance judicial independence in all its aspects, manifestations, guarantees of independence and inviolability of judges in full. Such independence is universal in the constitutional and legal dimension due to its significance as an essential requirement of the principle of separation of powers, the rule of law and the right to judicial protection. Today, as the analysis of the latest trends in the practice of the Court regarding the protection of judicial independence convinces, it is not individual guarantees of judicial independence that are violated, but an intervention in the institutional independence of the judicial branch of government in Ukraine as an independent arbiter from among other branches of government through the implementation of a set of legislative changes regarding the national judiciary. systems that encroached on its constitutionally defined structure and key guarantees of the independence of judges (the principle of immutability of judges, their proper financial maintenance, ensuring the independence of judicial governance). This testifies to the presence of signs of a crisis in the relationship between the legislative and judicial branches of power, which undermines public trust in the latter, contradicts the constitutional principles of separation of powers, the rule of law, nullifies the right to judicial protection, weakening the constitutional legal order in general.
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Poboży, Monika. "Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions". Przegląd Europejski, nr 4-2015 (24.04.2016): 54–66. http://dx.doi.org/10.31338/1641-2478pe.4.15.3.
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The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.
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Morrow, W. G. "The Last Case [Reprint — (1978) 16:1 Alta. L. Rev. 1]". Alberta Law Review 52, nr 1 (4.11.2014): 49. http://dx.doi.org/10.29173/alr11.
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This is an exact reprint of an article published in 1978 in Volume 16 of the Alberta Law Review. It is the story of the last appeal to go from Canada to the Judicial Committee of the Privy Council, as told by the late Justice Morrow of the Supreme Court of Alberta Appellate Division. This article not only describes the background to a historically significant case that went through the Appellate Division, but also provides the unique perspective of one of its former members. As noted in the original abstract, “[t]he material contained in the reported decisions is interesting but it is hoped the reader will find that the story back of the reports is even more interesting.”