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1
Bell, John. "Judicial Cultures and Judicial Independence." Cambridge Yearbook of European Legal Studies 4 (2001): 47–60. http://dx.doi.org/10.5235/152888712802761798.
Анотація:
In this article, I argue that apparently common values, such as ‘judicial independence’ have significantly different meanings in different judicial cultures. As an illustration, I take Sweden and Spain, countries with very different histories and institutional arrangements. It is my contention that basic values are understood and implemented in the light of historical and institutional settings. These have given rise to issues which a nation’s judiciary feel it has to address and set the context in which the contemporary judiciary has to operate. The purpose is to examine how far national histories and traditions colour the understanding of common values, such as judicial independence and democracy in the judicial process.
2
Bell, John. "Judicial Cultures and Judicial Independence." Cambridge Yearbook of European Legal Studies 4 (2001): 47–60. http://dx.doi.org/10.1017/s1528887000004018.
Анотація:
In this article, I argue that apparently common values, such as ‘judicial independence’ have significantly different meanings in different judicial cultures. As an illustration, I take Sweden and Spain, countries with very different histories and institutional arrangements. It is my contention that basic values are understood and implemented in the light of historical and institutional settings. These have given rise to issues which a nation’s judiciary feel it has to address and set the context in which the contemporary judiciary has to operate. The purpose is to examine how far national histories and traditions colour the understanding of common values, such as judicial independence and democracy in the judicial process.
3
Anikeev, I., and P. Shumov. "Efficiency of Judicial Process." Bulletin of Science and Practice 5, no. 6 (June 15, 2019): 425–31. http://dx.doi.org/10.33619/2414-2948/43/57.
4
Katzmann, Robert A. "The Judicial Confirmation Process." Brookings Review 10, no. 1 (1992): 5. http://dx.doi.org/10.2307/20080264.
5
Laidler, Paweł. "Judicial activism and the American election process." Politologia 2 (November 27, 2020): 5–36. http://dx.doi.org/10.21697/p.7281.
Анотація:
This article analyses the phenomenon of judicial activism in the American electoral process. It tries to estimate whether the political system of the United States of America has become hostage to the law-making role of the judiciary, which actively controls the compliance of election laws with the Constitution, thus drawing courts into purely political processes, or whether the nature of the disputes settled by judges rather makes it impossible for them to avoid being influenced by and influencing issues of a political nature. The article analyses various legal acts and court decisions, mostly concerning the current status of federal campaign finance in the United States, and demonstrates that more spheres traditionally reserved for other branches of government are being appropriated by the judicial branch.
6
Al Din Al Hajjaji, Shams. "The Reform of Judicial Appointment Process in the Ordinary Judiciary in Egypt." Middle East Law and Governance 10, no. 1 (March 28, 2018): 1–24. http://dx.doi.org/10.1163/18763375-01001002.
Анотація:
This article argues for the necessity of the reform of the judicial appointment qualification, and the judicial appointment powers in Egypt. The article presents judicial appointment process and requirement as the main case study. It illustrates the difference between de facto and de jure in the judicial appointment system in Egypt. These differences pave the road to a deeper understanding of legal and political aspects of discrimination against the poor, woman and political opposition within the appointment process. The article discusses the contemporary challenges in judicial appointment. The challenges can be summarized into: gender inequality, elimination of political minorities, and under-privileged citizens. Finally, the article proposes a solution for the problems identified in this article. These solutions are based on reforming the both the judicial appointment qualification, and the judicial appointment powers in Egypt.
7
IRIARTE IRURETA, MIREN IZASKUN. "BULEGO JUDIZIAL BERRIA EUSKADIN." RVAP 91, no. 91 (December 1, 2011): 259–81. http://dx.doi.org/10.47623/ivap-rvap.91.2011.06.
Анотація:
En estos momentos está en marcha el proceso implantación de la
Oficina Judicial en los partidos judiciales de Euskadi. Dado que lo que se conoce
como «Nueva Oficina Judicial» supone una profunda reforma en la Administración
de Justicia, esta reestructuración, en Euskadi, se llevará a cabo de forma gradual.
Este texto pretende presentar el alcance de la Nueva Oficina Judicial y en
qué consiste, cómo se ha organizado y se está llevando a cabo la implantación de
la Nueva Oficina Judicial en Euskadi en el marco del plan que aprobó el Gobierno
Vasco con ese fin, el sistema de calidad que se ha previsto, las conclusiones extraídas
de las primeras Oficinas Judiciales implantadas y los retos del conjunto
del proceso. Gaur egun Bulego Judizial Berriaren (BJB) ezarpenaren prozesua
abian da Euskal Autonomia Erkidegoko barruti judizialetan. «Bulego Judizial
Berria»-tzat ezagutzen den Justizia Administrazioaren eraldaketa sakona dakarrenez,
berrantolaketa hau gradualki egingo da Euskadin. Testu honen helburua da
aurkeztea Bulego Judizial Berria zer den eta zer suposatzen duen, nola antolatu
eta gauzatu den Euskadin Bulego Judizial Berriaren ezarpena horretarako propio
Eusko Jaurlaritzak onartu zuen planaren eremuan, aurreikusita duen kalitate-sistema,
lehen Bulegoen ezarpenaren ondorioak zeintzuk izan diren eta prozesu osoaren
erronkak. Nowadays the implementation process of the Judicial Office in the
Judicial Districts of the Basque Country is taking place. This new «Judicial Office»
brings about a deep and thorough reform in the Administration of Justice and its
functioning. Therefore this reorganisation process will be implemented gradually.
This article aims to discuss the meaning and the implications of the New Judicial
Office, to describe how the implementation of the New Judicial Office in the
Basque Country has been organized and applied within the framework of the
Implementation Plan adopted by the Basque Government, including the qualitysystem
for the Judicial Office, and finally to draw the lessons learned from the
process of implementation as it has been taking place within the first Judicial
Offices. The challenges of the whole process are thus brought to the fore.
8
Flood, John, Judith N. Levi, and Anne Graffam Walker. "Language in the Judicial Process." Contemporary Sociology 20, no. 6 (November 1991): 926. http://dx.doi.org/10.2307/2076204.
9
Parker, Paul. "Judicial Process Texts and Readers." Journal of Political Science Education 2, no. 2 (August 2006): 229–33. http://dx.doi.org/10.1080/15512160600669254.
10
Fifiana, Eveline. "EKSISTENSI KEKUASAAN KEHAKIMAN ( JUDICATIVE POWER) DALAM MEWUJUDKAN INDEPEDENSI PERADILAN DAN PERADILAN YANG BERSIH." Solusi 16, no. 3 (September 1, 2018): 266–73. http://dx.doi.org/10.36546/solusi.v16i3.128.
Анотація:
Every Indonesian citizen has the obligation to uphold the applicable law. Every implemented law has a demand for justice. Judicial power must exist in every democratic State of Law, tasked with upholding and overseeing the enactment of the applicable law and regulations (ius constitutum) in order to realize justice. Law without justice will be in vain, as a result, law will become invaluable before community. To answer the problems in this study, the researcher used a normative juridical approach, descriptive qualitative in nature. In this research, law enforcers, especially judges, must uphold the authority of the law and uphold the value of trust in society. The important prerequisites in upholding law and justice in the wolrd of justice is noble, clean, honest, professional, high integrity, high moral, and dignified judge. Supreme Court and Constitutional Court as judicial power holders, along with Judicial Commision in the scope of judiciary powers, not only have the authority to guide the judges but also have the authority to maintain the independency of judiciary powers from the influence of government and outside government parties by minimizing the subjectivity in recruitment process of prospective judges and supreme judges. The independency of judicial power is not enough, because law enforcers, especially “bad” judges can take refugee under the independency of judicial power. To build an “ideal” Judge or Supreme Judge who will fulfill the people needs of justice, the Judge or Supreme Judge recruitment process conducted by Judical Commission need to be strict while increasing the control over the implementation of power to minimize the arbitrary acts and abusive judge’s power. High commitment, consistency, adhering to the principles and code of ethics in carrying out their duties will lead to a clean, authoritative judiciary in the eyes of the society so that the hope of upholding independent judicial power will be realized while at the same time bring improvements to the Indonesian justice situation.
11
Navot, Suzie. "Judicial Review of the Legislative Process." Israel Law Review 39, no. 2 (2006): 182–247. http://dx.doi.org/10.1017/s0021223700013066.
Анотація:
Should the process by which laws are enacted affect their legislative validity? This Article attempts to provide a justification for judicial review of the legislative process and suggests that the court should encourage legislative due process. Lawmaking means responsible lawmaking, and the court should thus be able to ensure a minimal due process of lawmaking by reviewing the legislative process. To date the Israeli Supreme Court has refrained from judicial review of Knesset legislation by virtue of flaws in the legislative process. Recently however, Supreme Court judgments seem to have endorsed a form of judicial review of the legislative process, at least de jure. This Article presents the theoretical and comparative frameworks for judicial review of the legislative process and scrutinizes the law in those countries that conduct judicial review of procedurally defective laws together with an examination of the particular features of the rules governing such review. In comparative law, the characteristics of judicial review of the legislative procedures are similar to those manifested in the question of judicial review of legislation, and based on the same premises. In Israel as well, judicial review of legislation is based on the existence of a supreme constitutional norm, of basic rights and fundamental principles. The Article concludes by proposing that the main characteristics of judicial review: constitutionality, proportionality, and restraint should dictate the relationship between the Supreme Court and the Parliament in all aspects of judicial review.
12
Гук, Павел, and Pavel Guk. "Judicial Interpretation of the Law." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20905.
Анотація:
The article deals with the interpretation of the law by the judiciary. Normative legal acts in the process of their application can not always regulate social relations, resulting in the uncertainty of their application. Judicial interpretation of the law by the highest judicial authorities provides necessary assistance to the law enforcement authority having, which gives certainty and unity of their application to specific legal disputes. Judicial interpretation in the enforcement process remains valid at the present time that requires the theoretical and practical research. Theory of judicial interpretation of the law will tend to develop skills to understand the specifics of formation and application of acts of judicial interpretation.
13
MOVCHAN, V. V. "THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS." Herald of Civil Procedure 11, no. 2 (June 30, 2021): 205–25. http://dx.doi.org/10.24031/2226-0781-2021-11-2-205-225.
Анотація:
The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.
14
Lehka, I. V. "Peculiarities of normative formation of the idea of the publicity of the judicial process in the territory of Ukraine as a constitutional principle." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 76–81. http://dx.doi.org/10.24144/2788-6018.2022.05.14.
Анотація:
In the article, the author examines the peculiarities of the normative consolidation of the principle of glasnost in the legal monuments of various historical stages of the formation of the Ukrainian state, attention is drawn to the approaches to society's perception of norms regarding certain elements of glasnost judicial proceedings in different periods in the history of the development of Ukrainian law. It was established that the reflection of the idea of the publicity as a value and need of society dates back to ancient times and through certain aspects can be traced in legal sources from Kyivan Rus. Attention is drawn to the fact that the legal sources that extended their influence to Ukrainian lands established the requirements of "publicity", "publicness", "openness", orality of judicial proceedings, the implementation of which influenced the formation and further development of society's ideas about the court and the judiciary, contributed to the strengthening of the request society for a fair trial, and therefore the development of the idea of transparency of the judicial process.
At the level of constitutional and legal regulation, the publicity of the judicial process for a long time did not find its full and comprehensive recognition, legal consolidation precisely as one of the main principles of the judiciary, because the principle of "openness" of the consideration of cases was consistently proclaimed in the studied constitutional acts, which cannot be considered a complete reflection of all aspects of the principle of judicial transparency. Instead, the category of "glasnost" of the judicial process is studied at the level of legal doctrine, mostly actively researched in scientific works devoted to issues of procedural law, the judicial system and the judiciary. Although the constitutional norms did not contain a reference to the concept of "openness", in many scientific works, researchers defined the openness of judicial proceedings as a fundamental constitutional principle, relying on the constitutional norms on the openness of court hearings.
With the adoption of the Constitution of Independent Ukraine, the publicity of the judicial process as a broader constitutional and legal requirement for the administration of justice was enshrined in the system of the basic principles of the judiciary.
15
Chávez, Rebecca Bill. "The Appointment and Removal Process for Judges in Argentina: The Role of Judicial Councils and Impeachment Juries in Promoting Judicial Independence." Latin American Politics and Society 49, no. 2 (2007): 33–58. http://dx.doi.org/10.1111/j.1548-2456.2007.tb00406.x.
Анотація:
AbstractThis article explores the conditions that allow judicial councils and impeachment juries to promote judicial autonomy. In theory, these bodies intervene in the appointment and removal of judges in order to reduce executive control over court composition, thereby promoting judicial independence. Using the case of Argentina at the federal and the subnational levels, this study demonstrates that competitive politics enhances the capacity of judicial councils and impeachment juries to bolster judicial autonomy. Interparty competition provides incentives for the executive to develop a meaningful system of checks and balances, which includes an independent judiciary that can check executive power. In contrast, monolithic party control—defined as a prolonged period of unified government under a highly disciplined party—permits the executive to maintain a monopoly on power and thereby control judicial appointments and removals.
16
Mesa Göbel, José Manuel. "Aspectos protocolarios y de ceremonial en la Ley Provisional sobre organización del Poder Judicial de 1870 | Protocol and ceremonial aspects in the Transitional Act on the Judicial System (1870)." REVISTA ESTUDIOS INSTITUCIONALES 7, no. 12 (July 20, 2020): 131. http://dx.doi.org/10.5944/eeii.vol.7.n.12.2020.26930.
Анотація:
La instauración de un Gobierno Provisional tras la Revolución de 1868 traerá de forma inmediata un proceso regulador en materia judicial que desembocará en la Ley Orgánica Provisional del Poder Judicial, la cual en su articulado regulará aspectos protocolares y de ceremonial, entre otros aspectos relacionados._________________________________________The establishment of the Provisional Government following the 1868 Revolution will immediately bring about a regulatory process of the judiciary, leading to the Transitional Organic Act on the Judicial System, which will include regulations concerning protocol and ceremonials, among other related aspects.
17
Dr. G A Solanki, Dr G. A. Solanki. "New Jurisprudence and Judicial Process- Blending of New Constitutional Values." Indian Journal of Applied Research 2, no. 1 (October 1, 2011): 103–4. http://dx.doi.org/10.15373/2249555x/oct2012/35.
18
Allen, Angela. "The Judicial Election Gag Is Removed-Now Texas Should Remove Its Gag and Respond." Texas Wesleyan Law Review 10, no. 1 (October 2003): 201–27. http://dx.doi.org/10.37419/twlr.v10.i1.10.
Анотація:
This Note begins by examining the facts of Republican Party of Minnesota v. White.Il Second, it examines the history of the judicial election system in Texas. Third, it examines the development of the Texas Code of Judicial Conduct and compares the American Bar Association's (ABA) past and current judicial codes with the Texas counterparts. Fourth, the Note analyzes the Supreme Court's decision and discusses the ramifications the White ruling will likely have on the judicial election process in Texas. Finally, this Note discusses possible alternatives to the electoral process in an effort to respond to the likely ramifications of White as well as improve the judiciary in Texas.
19
Rumadan, Ismail. "PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)." Jurnal Hukum dan Peradilan 3, no. 3 (November 28, 2014): 243. http://dx.doi.org/10.25216/jhp.3.3.2014.243-252.
Анотація:
Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement
20
Tilley, Alison, and Zikhona Ndlebe. "Judical Appointments in South Africa." British Journal of American Legal Studies 10, no. 3 (December 1, 2021): 457–78. http://dx.doi.org/10.2478/bjals-2021-0013.
Анотація:
Abstract South Africa is widely regarded as a model of a constitutional democracy on the African continent. This is partly because of the progressive Constitution adopted in 1996 and the fact that the country has consistently managed to conduct democratic, free and fair elections since the end of apartheid in the early 1990s. The sustainability of South Africa's constitutional democracy rests on the ability of the judiciary to ensure compliance with the constitution. The competence and credibility of the judiciary hinge on the appointment of judges who are able to reflect the diversity of the country, act without fear or favor, and develop a jurisprudence which creates and deepens constitutionalism. Judicial independence is a key component of the credibility of the judiciary. The inconsistent application of norms and standards when selecting and appointing judges tends to undermine the credibility of the appointments process. The process of judicial selection and appointment in South Africa begins with the Judicial Service Commission (JSC) advertising the existing judicial vacancies. After that, the JSC shortlists candidates who are then interviewed. Following these interviews, the JSC shortlists candidates for possible appointment by the President. A review of the transcripts of interviews conducted by the JSC from April 2014 to October 2019 shows patterns of discrepancies in the types of questions which candidates vying for the same judicial position are required to answer. This Article explains the process followed by the JSC, and then identifies and analyzes the discrepancies in the process employed by the JSC. The Article then demonstrates the negative impact which the discrepancies have had on both the quality of the judicial selection process and the quality of candidates shortlisted for appointment. Furthermore, this Article makes recommendations on how South Africa can draw from international norms and standards as well as good practices from comparative jurisdictions, to enhance consistency and fairness in its judicial selection and appointments processes.
21
Zaritskyi, M. D., and N. O. Galushka. "Judicial expenses in the economic process." Herald of Lviv University of Trade and Economics. Law sciences, no. 8 (2019): 52–61. http://dx.doi.org/10.36477/2616-7611-2019-08-06.
22
Covelli, Nick M., and Rajeev Sharma. "Process, Judicial Economy and Procedural Rights." Journal of World Intellectual Property 5, no. 4 (November 1, 2005): 591–611. http://dx.doi.org/10.1111/j.1747-1796.2002.tb00174.x.
23
Dorin, Dennis D. "Law, Courts, and the Judicial Process." Perspectives on Political Science 21, no. 3 (June 1992): 132–33. http://dx.doi.org/10.1080/10457097.1992.9941843.
24
Park, W. W. "Judicial Controls in the Arbitral Process." Arbitration International 5, no. 3 (September 1, 1989): 230–79. http://dx.doi.org/10.1093/arbitration/5.3.230.
25
Warbrick, Colin. "Judicial Jurisdiction and Abuse of Process." International and Comparative Law Quarterly 49, no. 2 (April 2000): 489–96. http://dx.doi.org/10.1017/s0020589300064265.
Анотація:
British cases used to be widely relied upon to show that courts were entitled to hear criminal proceedings against defendants brought before them without having to enquire into the process by which custody over them had been obtained: and specifically, that there was no bar to proceeding where the allegation was made that custody had been obtained in breach of international law.1 The consistency of the doctrine was breached by Mackeson2 when the English court refused to hear the case against a defendant who, it accepted, had been brought to England by a collusive process between the English and Zimbabwean authorities, which arguably breached both national laws, even if it did not involve a breach of international law. While the previous orthodoxy soon reasserted itself in Driver,3 the edifice of authority was substantially undermined in Bennett4 when the House of Lords acceded to the claim of the applicant that proceedings against him would be an abuse of process, given the circumstances in which his presence in the United Kingdom had been achieved. Outside the United Kingdom, the practice in other States continued in different directions, sometimes confirming the old position of male captus, bene detentus,5 sometimes the reverse.6
26
Willett, Robert E. "Judicial process hurts the new competitor." Natural Gas 6, no. 12 (August 20, 2008): 15–16. http://dx.doi.org/10.1002/gas.3410061206.
27
Achode, Lydia. "Judicial Ethics: A Key Tenet to Legal Ethics." Strathmore Law Journal 6, no. 1 (November 17, 2022): 257–67. http://dx.doi.org/10.52907/slj.v6i1.183.
Анотація:
Judicial ethics are arguably one of the most important aspects of legal ethics Values of legal ethics such as decorum, dignity, courtesy, and rationality that were emphasized by the late but still foremost scholar of professional legal ethics, Deborah Rhode, readily apply to the judicial context.. Related to these values, judicial ethics ensures that three important attributes or three ‘Is’ characterise the judicial process and the conduct of judicial officers: independence, impartiality and integrity. Adherence to these three principles of judicial ethics is key in securing the administration of justice, professional discipline in the judiciary, and public confidence. This article therefore takes the view that the competence of judges not only includes their academic qualifications but their possession of qualities necessary to fulfil the three Is and other standards of ethical judicial conduct. Moving from this understanding, the article analyses how judicial ethics, as a derivation of legal ethics, shapes the role of judges and, further, how Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations integrates established principles of judicial ethics. From this analysis, the author argues that judicial ethics are inseparable from judicial competence and that Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations effectively reflect the necessary principles of judicial ethics. Thus, continued enforcement of the judicial Code of Conduct and Ethics is essential to safeguarding judicial ethics in the Kenyan judiciary.
28
Mwaikusa, J. T. "The Limits of Judicial Enterprise: Judicial Powers in the Process of Political Change in Tanzania." Journal of African Law 40, no. 2 (1996): 243–55. http://dx.doi.org/10.1017/s0021855300007804.
Анотація:
In the past few years the High Court of Tanzania has produced some bold decisions demonstrating an impressively firm stand by the judiciary in its role of dispensing justice without fear of executive threat or intimidation. Most of these decisions came after the Bill of Rights, enacted into the Constitution in 1984, became justiciable in 1989 and widened the scope of judicial control of executive powers.
29
Rachman, Irfan Nur. "Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice." Hasanuddin Law Review 5, no. 1 (May 4, 2019): 86. http://dx.doi.org/10.20956/halrev.v5i1.1471.
Анотація:
Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of recruitment of constitutional justices, and producing decisions containing new legal breakthroughs, so that will be realized a qualified judicial institution.
30
Stakhov, A. I. "The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 313–27. http://dx.doi.org/10.19073/2658-7602-2021-18-3-313-327.
Анотація:
The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process.
31
Kashindi, George, and Hannah Wamuyu. "Civil court staff in Kenya: working conditions and legal training for an effective procedure." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, no. 1 (2019): 30–42. http://dx.doi.org/10.5771/2363-6262-2019-1-30.
Анотація:
Courts are very important because their pronouncements become part of the law in light of the provisions of section 3 of the Judicature Act, 1967. Therefore, the process of making judicial determinations on issues before courts must be treated with the necessary efficiency. Delivery of justice involves both judicial and administrative work. That is to say, for expediency in the administration of justice to be met, there is a need for other administrative functions which cannot be done by the judges. Therefore, the role of judicial staff in case management is critical in the functioning of the judiciary. Though the Judiciary has come up with different initiatives to build capacity for judicial staff, the initiatives including the approval of the Judiciary Human Resources Policies and Procedure Manual 2014, continue to exist amidst serious training and human practice challenges on motivation, security, and adequacy of facilities. This paper discusses the initiatives that the Judiciary has put in place to attract and maintain the best human resource capital. It proposes that strategic investment in information and communication technology will help overcome the challenges as the Judiciary moves towards its identified strategic direction of quality judicial service.
32
Evloev, I. M. "The Legal Nature of the Judicial Compliance Assessment." Siberian Law Herald 1 (2021): 8–13. http://dx.doi.org/10.26516/2071-8136.2021.1.8.
Анотація:
The article examines the legal nature of the judicial compliance assessment, its correlation with the concepts of «judiciary»,«justice», «compliance assessment», «judicial control», «legal proceedings». In the legal literature the essence of this category is defined differently: it is considered as a function, objective, means, activities, process. Describing the concept of “function” as the main direction of the activity of different authorities, judicial compliance assessment is considered to be one of the functions (essential manifestations) of the judiciary. The leading role in the implementation of separation of powers and effective participation of courts in the system of checks and balances allows us to consider this institution as a function fulfilling the purpose of the judicial power. The judicial compliance assessment is a part of justice, which is the main function of the judiciary, and it’s implemented through constitutional, civil, arbitration, administrative and criminal proceedings. Thus, the legal proceedings are a form of realization of the compliance assessment functions of the judiciary. At the same time, the judicial compliance assessment is a kind of compliance assessment in general as the activity of the entire system of the competent authorities to assess regulations. Based on the results of the analysis of various positions of lawyers regarding the legal nature and content of judicial compliance assessment author offers his vision of the place of this institution in the system of functions of the judiciary and its main characteristics.
33
Samofalov, L. P., та О. L. Samofalov. "Сoncepts and elements of judicial enforcement". ScientifiScientific Herald of Sivershchyna. Series: Law 2021, № 2 (5 жовтня 2021): 33–45. http://dx.doi.org/10.32755/sjlaw.2021.02.033.
Анотація:
The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.
34
Kmezic, Marko. "The Judicial Academy as conditio sine qua non for the Effectiveness and Efficiency of the Serbian Judiciary." European Public Law 21, Issue 3 (August 1, 2015): 509–25. http://dx.doi.org/10.54648/euro2015028.
Анотація:
The Serbian judiciary is inefficient, politically dependent, expensive, and placed in a perpetual reform cycle. This is why the reform of the Serbian judicial apparatus is set high on the European Accession negotiations agenda. Reasons for the underperformance of the judiciary are manifold, and, for the need of this study, I will try to associate them with two independent variables. The primary source of the crisis of the judiciary is reflected in the deficiencies of general legal education and expert training, as well as the outdated system of evaluation for prudence and skills of the holders of judicial functions. Secondary sources are derived from permanent endeavours of the executive powers, and other, more informal, sources of power that place the judiciary under their patronage. Precisely along these lines, are the European Commission’s demands that Serbia should establish a transparent and open method of entering into the judiciary through the process of selecting successful candidates. With this study, it is my goal to analyse the extent to which the newly established Serbian Judicial Academy is capable of remedying observable problems, and contributing to the establishment of a competent and efficient judicial apparatus. Normative and empirical scrutiny of the Judicial Academy is coupled by a set of practical recommendations aiming to further strengthen the position of this young institution, within the Serbian judicial system.
35
Khamitovna, Kadirova Mokhigul. "DIGITAL TERMS IN CRIMINAL PROCESS." European International Journal of Multidisciplinary Research and Management Studies 02, no. 07 (July 1, 2022): 59–63. http://dx.doi.org/10.55640/eijmrms-02-07-12.
Анотація:
The article analyzes the necessity and possibilities of digitalization of the criminal process, the concept of digital terms and their specific features. In order to simplify and speed up the criminal process, proposals and recommendations for the digitalization of pre-trial and judicial proceedings are scientifically substantiated.
36
Gailmard, Sean, and John W. Patty. "Participation, process and policy: the informational value of politicised judicial review." Journal of Public Policy 37, no. 3 (July 29, 2016): 233–60. http://dx.doi.org/10.1017/s0143814x16000106.
Анотація:
AbstractWe develop a model of “notice and comment” rulemaking, focussing on strategic issues facing agencies and interest groups in light of judicial review in this process. Specifically, we analyse the incentives for agencies and groups to produce and reveal information during rulemaking. We show that judicial review can produce informed policymaking, but that participatory rulemaking can bias agency policymaking in favour of groups with access to the rule-making process. In addition, the model allows an analysis of doctrines of judicial review of agency policymaking. The model reveals that “politicised” judicial review can be beneficial because of its effects on agency incentives for information acquisition in policymaking. Accordingly, socially optimal judicial review may be “legally irrational” and, contrary to standard doctrines of judicial review in the United States, judicial deference to rules with thin records can be optimal.
37
Baar, Carl. "Using Process Theory to Explain Judicial Decision Making." Canadian journal of law and society 1 (1986): 57–79. http://dx.doi.org/10.1017/s0829320100001009.
Анотація:
This article is part of an effort to place current research on the Canadian judicial process into a broader theoretical context. This effort developed first from a sense that the legal and behavioural frameworks that have dominated the explanation of judicial decision making in the United States Supreme Court obscure more than they illuminate about judicial decision making in Canada; and second from the realization that the most illuminating American studies — those that trace the process by which major cases are brought before the courts and decided — are seen as interesting but atheoretical, as journalism not science. Perhaps our theory is out of joint. And perhaps an effort to understand how American theories and research on judicial decision making can inform Canadian research may be instructive both to American judicial studies and to the work of those outside the United States who are continually tugged toward American approaches that promise liberation from traditional legal analysis.
38
Malleson, Kate. "Safeguarding judicial impartiality." Legal Studies 22, no. 1 (March 2002): 53–70. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00579.x.
Анотація:
Since the decision of the House of Lords to overturn its earlier judgment in the case of Re Pinochet (No 2) the courts have closed the floodgates to further claims of judicial bias by adopting a restrictive approach to the rules on judicial disqualification. In the light of these restrictions on claims of individual bias, this paper reviews the institutional mechanisms for safeguarding impartiality at a collective level through the appointments process and the system for allocating cases to judges. It highlights weaknesses in these arrangements such as the lack of openness, the potential for inappropriate political control and the lack of diversity in the composition of the judiciary. It argues that as the concept of impartiality is increasingly linked to these institutional arrangements the continuing legitimacy of the judiciary requires that these problems are addressed.
39
Busurmanov, Zhumabek, Aiman Kussainova, Lazzat Nazarkulova, and Almas Kanatov. "Judicial Education Development Issues and Prospects in the Republic of Kazakhstan in the Light of the OECD Countries’ Experience." Journal of Social Sciences Research, no. 53 (March 30, 2019): 819–25. http://dx.doi.org/10.32861/jssr.53.819.825.
Анотація:
The relevance of the topic is determined by the needs of modern Kazakhstani society in an independent judiciary and highly professional judges, capable of being a genuine guarantor of human and citizen rights and freedoms. Based on the study of the OECD countries’ experience, it is argued that it is the judicial education that plays a key role in the formation of an independent, highly professional judiciary. The current state of judicial education in the Republic of Kazakhstan and its development issues are considered. Prospective directions of its development are justified based on the OECD countries’ experience. A number of measures for improving judicial education is argued to be undertaken: the need for compulsory special training of candidates for the position of a judge, the development of teaching staff through the involvement of the best sitting judges in the training process, and the need to remove judicial education from the executive authorities. The role of new technologies in the development of judicial education is particularly mentioned.
40
Alesso, Laura, and María Guadalupe Neder. "Proceso Judicial con perspectiva de vulnerabilidad / Trial Process with Vulnerability perspective." Revista Derecho y Salud | Universidad Blas Pascal, no. 1 (March 16, 2018): 170–81. http://dx.doi.org/10.37767/2591-3476(2017)14.
Анотація:
Uno de los grandes desafíos del servicio de justicia es el de garantizar por medio de sus operadores, la promoción de medidas necesarias a los fines de favorecer el acceso a la justicia de las personas en condiciones de vulnerabilidad. El auto que a continuación se comenta, es una manifestación de ello.
De esta manera, así como en los supuestos de violencia contra la mujer por cuestiones de género, el juez tiene la obligación legal de valorar la prueba con perspectiva de género; o de similar manera, en casos de derechos del consumidor, el de resolver a la luz de la regla “in dubio pro consumidor”; o el “in dubio pro trabajador” en derecho laboral; en el caso que se comenta veremos cómo puede aceptarse simplificaciones de procesos y flexibilizaciones en las formas en los que estén involucradas personas con discapacidad o problemas de salud, a través de la tarea de los jueces de fallar con perspectiva de vulnerabilidad sin perder de vista, claro está, las reglas del debido proceso.
One of the great challenges of the justice service is to guarantee, through its judicial agents, the promotion of necessary actions in order to stimulate the access to justice for people in conditions of vulnerability. The case-law that is commented next, is a manifestation of it.
Thus, as in assumptions of violence against women due to gender issues, the judge is legally obliged to assess the evidence from a gender perspective; or similarly, in cases of consumer rights, the obligation to decide under the rule of “in dubio pro consumidor”; or the “in dubio pro trabajador” rule in employee law; based on this case, we will see how simplifications of the process and flexibility in formalities can be accepted when people with disabilities or diseases are involved, through the judges’ task to decide with a perspective of vulnerability but also applying the rules of due-process.
41
Field, Stewart. "Judicial Supervision and the Pre-Trial Process." Journal of Law and Society 21, no. 1 (March 1994): 119. http://dx.doi.org/10.2307/1410274.
42
Александров, Александр Сергеевич, and Ирина Александровна Александрова. "JUDICIAL PROCESS – SOURCE OF LAW AND JUSTICE." Rule-of-law state: theory and practice 18, no. 1(67) (March 30, 2022): 11–29. http://dx.doi.org/10.33184/pravgos-2022.1.1.
Анотація:
Abstract. The main purpose of the article is to establish that legal proceedings are not a mere law enforcement, but the creation of law and justice. In addition, it is proved that the modern theory of state and law has turned into scholasticism and has lost its methodological significance. Instead, the theory of criminal procedure created by Nizhny Novgorod scientists claims this role in jurisprudence. The method by which the set goals are achieved is rhetorical argumentation. Results: using the example of the Nizhny Novgorod doctrine of criminal procedure, the article shows how, by going against the canons of dogmatic law, it is possible to create a fundamentally new, integral scientific concept. The article presents three main components of this concept: the doctrine of «law-process», which explains the procedural way of existence of real law – a means of regulation, which includes the postulate of procedural determinism of everything legal; the doctrine of prosecutorial institutions (criminal action) and evidence as two means of establishing law and justice; scientific project of judicial reform, including reorganization of preliminary investigation, renunciation of investigative authority to charge and prove, establishment of a digital adversarial process and transition to the rule-of-law state.
43
Jiazhu, Wen. "Microcosmic Process of Situation and Judicial Application." Criminal Justice Science & Governance 2, no. 2 (2021): 51–61. http://dx.doi.org/10.35534/cjsg.0202008.
44
Boast, Richard. "Lawyers, Historians, Ethics and the Judicial Process." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 87. http://dx.doi.org/10.26686/vuwlr.v28i1.6090.
Анотація:
The calls on an advocate's loyalty in court are several and sometime's conflicting. In this article Richard Boast observes that in tribunals, and particularly the Waitangi Tribunal, these conflicts are often magnified. He then proceeds to critique, partly from his own experiences, the role of both lawyers and historians in such a forum, concluding that the increased tensions are largely due to changes in the procedures in the Tribunal incident on the pressure from clients to see their causes vigorously pursued.
45
Michael, J. "Open Justice: Publicity and the Judicial Process." Current Legal Problems 46, Part 2 (January 1, 1993): 190–203. http://dx.doi.org/10.1093/clp/46.part_2.190.
46
Holmes, Lisa M. "Presidential Strategy in the Judicial Appointment Process." American Politics Research 35, no. 5 (September 2007): 567–94. http://dx.doi.org/10.1177/1532673x07301807.
47
Henderson, Laura M. "Internalizing Contestation in Process-Based Judicial Review." German Law Journal 20, no. 8 (December 2019): 1167–81. http://dx.doi.org/10.1017/glj.2019.81.
Анотація:
AbstractThe cases challenging the European Stability Mechanism in Eurozone creditor states show the concern courts have with protecting and promoting democratic contestation. This Article shows how John Hart Ely’s theory of process-based review provides the theoretical basis for understanding how attention to democratic contestation contributes to the legitimacy of courts reviewing legislation against constitutional norms. By focusing on promoting democratic procedures, Ely argues that courts can avoid substantive decisions that are best left to the legislature. Yet, as my discussion of the constitutional theory of constituent and constituted powers shows, no form of constituted power can avoid some exercise of constituent power. In other words, even a process-based approach cannot avoid substantive judgments. The legitimacy of these decisions depends on the availability of avenues for contestation in the judicial decision-making process itself.
48
Gallagher, Michael. "Judicial and Legislative Process and Estonian Accession." Baltic Journal of Economics 3, no. 2 (March 2003): 74–80. http://dx.doi.org/10.1080/1406099x.2003.10840393.
49
Ragle, John D., and Gage E. Paine. "The disturbing student and the judicial process." New Directions for Student Services 2009, no. 128 (December 2009): 23–36. http://dx.doi.org/10.1002/ss.339.
50
Ragle, John D., and Sharon H. Justice. "The disturbing student and the judicial process." New Directions for Student Services 1989, no. 45 (1989): 15–30. http://dx.doi.org/10.1002/ss.37119894504.