WorldWideScience

Sample records for judicial administration court

  1. The Roles of Judicial Officers and Court Administrators in the UK Supreme Court

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    William Arnold

    2014-12-01

    Full Text Available This article provides a brief historical summary of the process that culminated in the creation of the Supreme Court of the United Kingdom (SCUK, highlighting important changes in the relevant laws and regulations and the institutional framework within which authority for final appellate review of lower court decisions was and currently is vested.  It also examines the administrative organization of the SCUP and where authority for key elements of court administration at that court is vested and how, for practical purposes, the SCUK is administered.

  2. Administrative-judicial protection of electoral right: With analysis of the judicature of the Administrative Court of Serbia

    OpenAIRE

    Vučetić, Dejan; Janićijević, Dejan; Ranđelović, Nebojša

    2014-01-01

    The subject of analysis in this paper are regulations that govern the judicial protection of electoral right, especially the cases brought before the Serbian Administrative Court during the parliamentary and local elections of 2012 and 2014, the former of which are remembered by a number of alleged irregularities. We used a standard legal methodological apparatus to analyze the normative framework for administrative and judicial protection of electoral right. The paper analyzes the jurisprude...

  3. Judicial review of administrative normative act. Limits of courts control on political decision making

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    Erlir Puto

    2016-03-01

    Full Text Available Legal democracies have been facing with the evolution of a system of administrative activity judicial review. Meanwhile the evolving of the Judicial Control over the Public Administration in different countries of civil law systems has produced even in Albania the possibility of a specific judiciary control over the Public Administration in an extended way. The new Albanian Law on Administrative Courts (Law 49/2012 provides the power of the Administrative Court of Appeal to judge as a Court of First Instance, in the cases regarding controversies on normative administrative acts. It is a new open door to judge political decision makers, with some implicit consequences on the entire system. Those acts are produced as a further explanation and specification of the Law. Meanwhile they also express the Government Political Direction and Political will. The most important issue which may rise in this case is: How can an Administrative Court judge on the Executive Political Decision? May a Court judge the political will of the Executive? This power, given to the court, if we refer to administrative normative acts produced by public authorities of political nature, is in substance in contrast to the right of exercising political powers. This power to judge the politics should be evaluated case by case, but also some guiding lines should be established. These should be some basic guiding criteria and limits to be followed by the judges in the evaluation of objectives, purposes, aims or proportionality to the situation that has imposed the law. In most of the judiciary systems, the limits of reciprocal control between powers of the state remain a never ending process of practice. It is usual that the law gives to the administration a wide margin of opportunity. The way how executive would use its discretionarily, should be judged in an appropriate way by courts. The limits of court interference in administrative decision making would produce a fair system

  4. A COURT DIVIDED: HARLAN FISKE STONE, JUDICIAL REVIEW, AND ADMINISTRATIVE REGULATION OF THE ECONOMY, 1941-1946

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    Harvey Graham Hudspeth

    2000-01-01

    Full Text Available This essay examines the Supreme Court of Harlan Fiske Stone and its record in the area of government regulation of the economy. As most scholars know, the pre-1937 Court was often dominated by an infamous “Four Horseman” team of economic conservatives who rejected any and all efforts at government regulation. Ironically, by 1943, the Court was often dominated by an equally infamous team of economic radicals who favored government regulation at seemingly all costs — Even at the expense of judicial review.

  5. Judicial review of administrative silence

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    Radošević Ratko S.

    2015-01-01

    Full Text Available Administrative silence is a situation in which the competent authority, within the statutory deadline, has not issued an administrative act at the request of the party. In the case of administrative silence, given the fact that the citizens are unable to protect their rights and legal interests without an administrative act, they are provided with legal protection. In this case, the same legal relationship is created, directly on the basis of the statute, as in the situation in which the party's request is rejected. This means that the party may, under the conditions prescribed by the statute, initiate the procedure of judicial review of administrative silence. In the paper, the author explains the conditions under which the judicial review of administrative silence can be initiated and the role of the court in this judicial procedure.

  6. Matching Judicial Supervision to Clients' Risk Status in Drug Court

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

    2006-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status…

  7. Explaining the judicial independence of international courts: a comparative analysis

    DEFF Research Database (Denmark)

    Beach, Derek

    What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary......, ECtHR and IACHR. It is found that the threat of governmental noncompliance and the strength of the constituency possessed by an IC have the most explanatory power, although there is still a significant residual that can only be explained by looking at factors relating to judicial choices and agency....

  8. Performance-Based Budgeting and Management of Judicial Courts in France: an Assessment

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    Thierry Kirat

    2010-04-01

    Full Text Available The efficiency of civil justice has become a central issue in several communities, including national states that have undertaken to reform their civil procedures rules and/or to implement methods of case management (such as the USA and United Kingdomand international organizations such as the Council of Europe and the World Bank. Of course, there has always also been interest on the part of legal academics and judicial/court administration professionals.Court systems have two aspects: on one side, as public institutions, their funding, the recruitment of judges and clerks and employees, the procedural rules they must comply with, are determined by the state. On the other side, as organizations producing dispute resolution services, their operation and management are borne by the chiefs of courts. The importance of capacity management of the former, who are most often judges, is now acknowledged by most specialists, even if the compatibility between legal rationality and managerial rationality is questioned by some of them. This article seeks to explain the situation of French courts, focusing on court administration that can not be addressed without taking account of the broader framework of State policy concerning most specifically the budget-setting process which has undergone recent radical reforms.

  9. Legal time limits vs. discretional limits of administrative judicial review in Albania

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    Gerti Shella

    2016-11-01

    Full Text Available Administrative courts in Albania were established in 2012, as a separate branch of the court system, following enactment of the Law No. 49/2012 “On the Organization and Functioning of the Administrative Courts and Adjudication of Administrative Disputes”. One of the main features of the administrative adjudication is the swiftness at which it should be carried out. The law provides carefully for many time limits and procedural deadlines, to achieve such intended effect. This article focuses specifically on the time limits of concluding (1 the judicial review in administrative courts and 2 on due delivery of the final decision in court secretariat. These two distinct procedural phases constitute 98% of the length of a court case in time terms. The main thesis of this paper is that time limits which are explicitly written and required by the law produce better results in terms of compliance of judges with law and higher efficiency compared to discretional time limits.

  10. JUDICIAL CONTROL OF ENVIRONMENTAL ADMINISTRATIVE ACT = CONTROLE JUDICIAL DO ATO ADMINISTRATIVO AMBIENTAL

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    Adriano Garcia de Souza

    2012-01-01

    Full Text Available This work evaluated the current judicial control of the environmental administrative acts, considering the evolution of the legal doctrine after the Federal Constitution of 1988. The legal conception of the environmental administrative act has, gradually, being modified after the promulgation of the Federal Constitution of 1988. The insertion, in the constitutional text, of directional principles of the public administration, together with specific commandments of the environmental protection, forced the law scholars to modify the traditionalistic vision of the principle of the presumption of legality of the administrative act, when it is able to cause significant environmental damage to biodiversity. Such positioning of the legal doctrine has forced some courts to judge, more severely, the principles of the environmental administrative act, analyzing not only the formal aspects of its establishment, but also its motivation, reasonableness proportionality and purpose. However, the defense of the doctrines of the administrative law in the amplification of the judicial control of the environmental administrative act is not causing a sensible alteration in the jurisprudence that still reflects a positioning of the courts in the exclusive analysis of its formulation. The extended judicial control, although not yet a rule in the judicial analysis of the environmental administrative acts, demonstrates a way to be pursued in the preservation of the natural resources, amplifying and diversifying the existing control mechanisms. = Este trabalho visa avaliar o controle judicial atual dos atos administrativos ambientais, considerando a evolução da doutrina jurídica pós Constituição Federal de 1988, cuja concepção vem, paulatinamente, sendo alterada a partir de então. A inserção, no texto constitucional, de princípios norteadores da administração pública, aliada aos mandamentos específicos da tutela ambiental, vem levando os estudiosos do

  11. APPEAL, NON-APPLICATION, JUDICIAL REVIEW ON THE ACTS OF THE PUBLIC ADMINISTRATION FOR ANTITRUST PURPOSES (NOTES TO THE CONSIGLIO DI STATO - ITALIAN SUPREME ADMINISTRATIVE COURT - JUDGMENT, SEC. VI, NO. 693/2014

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    Hadrian Simonetti

    2014-12-01

    Full Text Available In the effort of reconcile protection of competition and intellectual property rights, with particular reference to the pharmaceutical sector, the Pfizer case deals with legitimate patent instrumentally exercised for a purpose other than that for which it was granted. What would be a legitimate administrative measure under Italian Patent Law, combined with other conducts, in the context of a complex strategy designed to artificially delay the entry of new generic drugs competitors, is considered an excluding abuse, violating antitrust rules. If the Italian Competition Authority (ICA explicitly referred to the abuse of regulatory procedure theory applied by the EU Commission in AstraZeneca case and endorsed by ECJ, the Council of State judgment, applying as in the Coop Estense case the broader and disputed category of the “abuse of right”, represents a further development in antitrust enforcement and is expected to bring back as central issue the topic of the judicial review on the exercise of antitrust power and, with it, the recurring fear that the guarantees of defence cannot always be sufficient. The article examines this new frontier of antitrust law, with specific regard to the case of abuse of dominant position by abusing of regulations and administrative measure, showing the different remedies at disposal of the Italian Competition Authority.

  12. Enforcer, manager or leader? The judicial role in family violence courts.

    Science.gov (United States)

    King, Michael; Batagol, Becky

    2010-01-01

    Judicial supervision of offenders is an important component of many family violence courts. Skepticism concerning the ability of offenders to reform and a desire to protect victims has led to some judges to use supervision as a form of deterrence. Supervision is also used to hold offenders accountable for following court orders. Some family violence courts apply processes used in drug courts, such as rewards and sanctions, to promote offender rehabilitation. This article suggests that while protection and support of victims should be the prime concern of family violence courts, a form of judging that engages offenders in the development and implementation of solutions for their problems and supports their implementation is more likely to promote their positive behavioral change than other approaches to judicial supervision. The approach to judging proposed in this article draws from therapeutic jurisprudence, feminist theory, transformational leadership and solution-focused brief therapy principles.

  13. Court Administrators and the Judiciary — Partners in the Delivery of Justice

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    Wayne Stewart Martin

    2014-12-01

    Full Text Available This article examines several topics relating to the administration and governance of courts in democratic societies.  It includes a summary of the development of court administration as a profession, highlighting Australia and the United States.  The summary includes a discussion of how judges and court administrators must work together and coordinate their efforts in key areas of court administration and management.  The article also reviews separation of powers issues, highlighting the problems that emerge in systems in which oversight and administration of the courts is vested in the executive branch or power of government, most commonly in a justice ministry.  It reviews the practical advantages of having courts governed and managed through institutional mechanisms within the judicial power rather than the executive power.

  14. Justice, Professionalism and Politics in the Exercise of Judicial Review by Brazil’s Supreme Court

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    Fabiana Luci Oliveira

    2008-12-01

    Full Text Available This study analyses interactions between Law, professionalism and politics. The primary intent is to understand the judicial behaviour of Brazil’s Supreme Court in the development and consolidation of democracy, by analysing how its justices voted in decisions regarding the constitutionality of laws (judicial review in the 1988-2003 period and investigating factors that influenced the Court’s decisions. These decisions are analysed both quantitatively and qualitatively in search of: a voting differences corresponding to the career of each member of the Court; b justices’ attitudes as either Constitution interpreters or reproducers of legal texts; and c the rapporteur’s profile, as well as the profiles of the justices that voted with him/her. I conclude that although political factors do shape the decision-making process of Brazil’s Supreme Court to some extent, professionalism plays a central role in determining its judicial behaviour.

  15. The Development and Role of the Court Administrator in Canada

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    Pamela Ryder-Lahey

    2008-01-01

    Full Text Available By the turn of the millennium most courts in Canada had court administrators managing their operations and their staff. As a rule, the court administrators worked in a partnership with the chairmen of their courts, who typically delegated some of their official responsibilities. But the mere presence of court administrators, not to speak of their broad range of functions, was still relatively new. Only in the 1970s did most courts acquire administrators, and it took at least another decade before they were fully accepted by judges and entered into a position of equality with some, if not many, chairs of courts.

  16. Insecurity in Contemporary Nigeria: Useful Lessons of Judicial Administration in the Old Ondo Province as a Panacea

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    AFE, Adedayo Emmanuel Ph.D

    2013-06-01

    Full Text Available The people of Old Ondo Province have for long appreciated the role of stable life as indispensable to the overall growth of the society. To maintain this, the people resorted to modern judicial administration, taking redress in court of justice instead of taking law into their hands. This paper, therefore, examines how judicial administration was a panacea for insecurity in the Old Ondo Province, 1914-1954. The judicial system curtailed gradation of courts which encouraged effective litigation and appeal process. The thesis of this paper is imperative since peace is the bedrock of the survival and development of any nation. This form of judicial process, if applied in contemporary life, would provide the impetus needed to mitigate prevailing security challenges. Primary and secondary sources were used. This paper concludes that the law of any nation that will develop should be humane, supreme and obeyed.

  17. Procedural Justice in Dutch Administrative Court Proceedings

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    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  18. Thinking about Judges and Judicial Performance: Perspective of the Public and Court Users

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    David Rottman

    2014-12-01

    Full Text Available Studies of the courts, conducted primarily in the United States, suggest that the way legal professionals think about judging underpins nearly all official evaluations of judicial performance. The general public has a different view than lawyers of judging that merits consideration along with the type of criteria emphasized by the legal community. Research demonstrates that the public places the greatest importance on the extent to which a judge reaches decisions through a process that meets the public's expectations of fairness. Surveys of California residents and California attorneys are used to demonstrate the importance of procedural justice for explaining whether people have trust in the courts and regard court decisions as legitimate. The article describes and critiques existing judicial performance evaluation programs that incorporate procedural justice principles as a dimension for measuring judicial quality through both survey and observational methods. Los estudios sobre tribunales llevados a cabo principalmente en Estados Unidos, sugieren que la opinión sobre el hecho de juzgar de los profesionales del derecho están detrás de casi todas las evaluaciones del rendimiento judicial oficiales. El público general tiene una visión del hecho de juzgar diferente a la de los abogados, que debe tenerse en cuenta junto con los criterios destacados por la comunidad jurídica. La investigación demuestra que el público da mayor importancia a que un juez tome una decisión a través de un proceso que cumpla con sus expectativas de justicia. Se emplean encuestas a residentes de California y abogados de California para demostrar la importancia de la justicia procesal, a la hora de explicar si la gente tiene confianza en los tribunales y perciben las decisiones judiciales como legítimas. El artículo describe y critica los programas de evaluación del rendimiento judicial que incorporan principios de justicia procesal como una dimensión para

  19. The Party Members’ Court: judicial control over intraparty disputes in Mexico

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    Javier MARTÍN REYES

    2013-01-01

    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.

  20. Administrative and Judicial Cooperation in France

    NARCIS (Netherlands)

    Vervaele, J.A.E.

    2002-01-01

    There is very little knowledge in the Netherlands of how economic private law and public law are enforced in France. In France too, however, scant information can be gleaned. There is little if any contact in the university community between criminal law and administrative law, partly because crimin

  1. Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

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    Dr.Sc. Azem Hajdari

    2014-06-01

    Full Text Available Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces. In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law. The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial

  2. On Judicial Governance of Administrative Discretion%论行政裁量的司法治理

    Institute of Scientific and Technical Information of China (English)

    顾大松; 周佑勇

    2012-01-01

    功能主义建构模式下,行政裁量的司法审查应实现控制向治理的重心转移。司法审查对行政规则的尊重,尚不能构成司法审查标准向行政法原则的转化,因此需要遵循法律系统发展的逻辑,实现从规则到原则的抽象化过程。最高人民法院通过典型案例的抽象,在很大程度上推进了行政裁量司法审查标准的原则化。%Under the functionalist building mode, the judicial review of administrative discretion should transfer emphasis from control to governance. Although the field of judicial review of administrative discretion, the court adopted the administrative rules with respect, but has not achieved the standard of judicial review of the conversion to the principles of administrative law, so need to follow the logic of the legal system development, and promote the process from rules to principles. Supreme Court through a typical ease of abstraction, in large part to promote the standard of judicial review of administrative discretion of the principle.

  3. THE ADMINISTRATIVE SYSTEM IN FRANCE

    OpenAIRE

    2012-01-01

    According to the Constitution promulgated on the 6th of October 1958, with the latest amendments made in 1999, France is a presidential republic. The three authority branches are broadly represented in the French administration: the judicial branch – French courts of law are divided into: judicial courts and administrative courts. Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays...

  4. FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

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    Suwarno Abadi

    2016-05-01

    Full Text Available This article examines the constitutional status of Constitutional Court’s decisions constitutionally guaranteed as final. This status very critical because it could lead Constitutional Court to the judicial supremacy position. This article argues against this possibility. The status of Constitutional Court’s decisions should be critized on the basis that its finality is prima facie, not absolute. As a solution, this article takes a position called departmentalism which means that court and legislature are not supreme in their authority to interpret the constitution. Artikel ini membahas tentang status konstitusional putusan Mahkamah Konstitusi yang dijamin konstitusi bersifat final. Status tersebut sangat kritikal karena dapat mengarahkan Mahkamah Konstitusi ke posisi supremasi yudisial. Artikel ini berargumen tidak setuju atas kemungkinan tersebut. Oleh karena itu, status putusan Mahkamah Konstitusi perlu dikritisi dengan dasar bahwa finalitasnya tersebut bersifat “prima facie”, tidak absolut. Sebagai solusinya, artikel ini mengambil posisi departementalisme yang memiliki pengertian bahwa pengadilan dan legislator tidak memiliki supremasi atas kewenangan untuk melakukan interpretasi konstitusi.

  5. The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

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    Neamt Valentin Paul

    2016-06-01

    Full Text Available The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.

  6. The evolution of administrative law in Albania and the impact of the decisions of the European Court of Justice in the Albanian legal reforms in administrative justice

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    Monika MEÇA

    2014-12-01

    Full Text Available The selection of the thesis was generally motivated by the lack of legal treatise focused in the arguments of Administrative Court importance in Albanian Judicial system as a new judicial structure, whose role would be to check the legality of decisions of the state administration with the aim to guarantee effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial process. The aim of this study is to describe the institutional steps taken from Albanian Government in administrative justice evolution, enormous differences between the administrative law before and after 1990, and the impact of European Court of Justice case law and EU law in the Albanian legal reforms in administrative justice. By analyzing the development of the administrative law in Albania is highlighted that the factors which influenced the transformation processes of this branch of law are the level of political culture, the heritage of the paste and the European Union , which has long been engaged in direct support for the modernization of public administration in Albania . In conclusion studying and analyzing the recent reform undertaken in the establishment of administrative court in Albania is necessary to make an evaluation of the impact of this reform in amending the legal framework for administrative procedures and adoption of a new Code of Administrative Procedure.

  7. 5 CFR 1201.120 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.120 Section 1201... PROCEDURES Petitions for Review of Initial Decisions § 1201.120 Judicial review. Any employee or applicant... provisions of 5 U.S.C. 7703 may obtain judicial review in the United States Court of Appeals for the...

  8. 5 CFR 1201.127 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.127 Section 1201... Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S.C. 1215 may obtain judicial review of the decision in the United States Court of Appeals for...

  9. 5 CFR 837.803 - Cancellation of retirement by judicial or administrative authority.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Cancellation of retirement by judicial or administrative authority. 837.803 Section 837.803 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... Canceled Retirements § 837.803 Cancellation of retirement by judicial or administrative authority....

  10. 28 CFR 902.7 - Court action.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  11. Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

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    Gerald P. Heckman

    2009-10-01

    Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

  12. One Roof Judicial System in Indonesia

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    - Sufiarina

    2012-09-01

    Full Text Available Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in judicial power at various courts. The objective of this research is to understand the developments in the endeavors towards bringing the Indonesian judicial system under the one roof judicial arrangement developed by the Supreme Court. The type of research applied is descriptive normative juridical research, namely legal research based on examining secondary data. As the research results indicate, the one roof system developed by the Supreme Court is already being implemented, with the exception of the Military Court and the Tax Court within the State Administration Court jurisdiction.

  13. Explaining judicial corruption in the courts of Chile, Peru and Ecuador

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    Santiago Basabe-Serrano

    2013-07-01

    Full Text Available This article identifies the main variables that explain judicial corruption in Chile, Peru, and Ecuador. Improving the current methodological strategies used to measure judicial corruption and incorporating endogenous and exogenous variables in the model, this article argues that legal training of the judges, respect for the judicial career, and the fragmentation of political power explain different degrees of judicial corruption. Through a comparative diachronic and synchronic research design of Chile, Peru and Ecuador, the article shows institutional designs with more legal steps will be more inclined to illegal payments or other types of judicial corruption.

  14. The Party Members’ Court: judicial control over intraparty disputes in Mexico El Tribunal de los Militantes: el control judicial de los conflictos intrapartidistas en México

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    Javier MARTÍN REYES

    2013-02-01

    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.Entre 1997 y 2003, el Tribunal Electoral del Poder Judicial de la Federación (TEPJF emitió diversos criterios jurisprudenciales mediante los cuales incrementó su capacidad para conocer de conflictos generados al interior de los partidos políticos. Este artículo explica cómo el TEPJF, sin una legislación que le diera facultades para ello, pudo establecer un control directo y de largo alcance para resolver litigios relacionados con la elección de dirigentes partidistas, la selección de candidatos o la imposición de sanciones a militantes. Siguiendo un enfoque de comportamiento estratégico, se aportará evidencia empírica para probar la existencia de una correlación negativa entre el nivel del control judicial ejercido sobre la vida interna de los partidos, por una parte, y la vulnerabilidad del TEPJF frente al Poder Legislativo y las dirigencias partidistas, por la otra.

  15. A Court Case Analysis of Administrative versus Faculty Grading Rights

    Science.gov (United States)

    Bates, Homer L.; Waldrup, Bobby E.

    2010-01-01

    Since 1940, when the AAUP formally defined academic freedom (AAUP, 1984), most faculty members believe they have the final authority in assigning course grades to their students. Faculty members may be surprised that several recent court decisions have concluded that college and university administrators have the right to change grades initially…

  16. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Administrative control Immigration Courts. 1003.11 Section 1003.11 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration...

  17. School Administrators and the Courts: A Review of Recent Decisions. ERS Monograph. Series, No. 3. ERIC/CEM State-of-the-Knowledge Series, No. 30.

    Science.gov (United States)

    Hudgins, H. C., Jr.

    This monograph is a review of selected judicial decisions reported by state and federal courts during the past two years and related directly to the administration of elementary or secondary schools. The decisions were identified through a standard search of legal resources at the Temple University Law Library; each decision was read in its…

  18. The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

    Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

  19. Cooperation between national administrative courts- the Court of the European Union and the European Court for the Protection of Fundamental Rights and Freedoms in implementing administrative court decisions after the Lisabon Treaty

    Directory of Open Access Journals (Sweden)

    Bosiljka Britvić Vetma

    2015-06-01

    Full Text Available Over the last few decades, national administrative courts have been faced with several Copernican twists. Among them has been the ratification of the European Convention for the protection of human rights and fundamental freedoms as well as accession to the EU legal order. The authors of this paper believe it is necessary to mark the most recent changes, which have occurred as a result of Croatia gaining full membership to the EU. This includes in the cooperation among the national administrative courts, the Court of the European Union and the European Court for the Protection of Human Rights and Fundamental Freedoms in the implementation of the decisions by administrative courts. The aim of this cooperation is to avoid the conflicting court practice for the same case or the same legal problem. The authors here concisely examine the period “after” the Lisbon Treaty, noting certain difficulties and sources of conflict in implementation.

  20. Means of determining the condition of insanity in administrative proceedings based on the court practice

    Directory of Open Access Journals (Sweden)

    Tatyana Mikhailovna Sekretareva

    2015-06-01

    Full Text Available Objective in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act there is a variety of lawenforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues we consider it necessary to assess the practical application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by the courts in different Russian regions. Methods the methodological basis of research is the general scientific dialectic method of cognition the author used methods such as analysis synthesis description explanation. Results the author has conducted an analysis of practice of application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by courts of the Russian Federation. On the basis of this analysis it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated which allowed to conclude about the need to organize the actions of individuals considering the cases on administrative offences aimed at defining the state of insanity of the offender and to offer one of the possible options for resolving the identified problems. Scientific novelty for the first time the analysis of practice of application of Article 2.8 quotInsanityquot of the Administrative Code was made and the author39s assessment of its provisions is given. Practical value the results of the study can be used for the generalization of judicial practice at the level of

  1. Public Employee Impasse Resolution by Judicial Order: The Nebraska Court of Industrial Relations

    Science.gov (United States)

    Good, Wallace E.

    1973-01-01

    Discusses Nebraska's approach to public employee relations, the Nebraska Court of Industrial Relations. Suggests that the pattern developed in Nebraska, although it may appear somewhat more accidental than intentional, may offer a model to other States for strengthening impasse resoltuion machinery. (Author/JF)

  2. Judicial Politics in Unconsolidated Democracies: An Empirical Analysis of the Ecuadorian Constitutional Court (2008–2016)

    NARCIS (Netherlands)

    Castro-Montero, José Luis; van Dijck, Gijs

    2017-01-01

    In this article, we test the extent to which decisions by the Ecuadorian Constitutional Court (ECC) are predicted by non-legal variables. Our theoretical argument proposes that not only the presence of public actors as plaintiffs—especially those working for the executive branch—but also political s

  3. 49 CFR 386.67 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 386.67 Section 386.67... Decision § 386.67 Judicial review. (a) Any party to the underlying proceeding, who, after an administrative... service of the Final Agency Order, petition for review of the order in the United States Court of...

  4. [The judicialization of health care: a case study of three state courts in Brazil].

    Science.gov (United States)

    Travassos, Denise Vieira; Ferreira, Raquel Conceição; Vargas, Andréa Maria Duarte; de Moura, Rosa Núbia Vieira; Conceição, Elza Maria de Araújo; Marques, Daniela de Freitas; Ferreira, Efigênia Ferreira E

    2013-11-01

    The scope of this study was to describe and compare records of the results of lawsuits filed in three Brazilian courts in cases involving the Unified Health System. A survey was made of the judgments listed on electronic sites of Courts of Justice in the states of Pernambuco, Rio Grande do Sul and Minas Gerais using a specific script. A total of 558 judgments was analyzed. There was a greater frequency of ordinary lawsuits (73.1%). In the majority of cases, it was not possible to identify the economic situation of the plaintiff or the legal representative of the defendant (54.5%). In cases where such identification was possible, a public defender was the most common (71.5%). The cases were predominantly individual in all three states. There was a large number of requests for injunctions (83.8%), which were almost always granted (91.2%), with the allegation of urgency/emergency in almost all cases (98.8%). The majority of decisions were favorable to the users of the public healthcare system (97.8%). The decisions studied showed that the users sought to ensure their right to health individually, using the public authorities to file their lawsuit, but there is a perceived difference in posture between legal courts evaluated. There is a strong tendency of the judiciary to accept these requests.

  5. 26 CFR 301.6361-2 - Judicial and administrative proceedings; Federal representation of State interests.

    Science.gov (United States)

    2010-04-01

    ... supplemental audits or examinations of tax returns by State audit personnel), but all administrative... supplemental audits or examinations of tax returns by State audit personnel shall provide that the audits and... Seizure of Property for Collection of Taxes § 301.6361-2 Judicial and administrative proceedings;...

  6. A judicial revolution? The court-led achievement of same-sex marriage in South Africa

    Directory of Open Access Journals (Sweden)

    Pierre de Vos

    2008-06-01

    Full Text Available This article maps the legal developments that led to the adoption of the Civil Union Act, which extended full marriage rights to same-sex couples in South Africa. It points out that this extension of marriage to same-sex couples would not have been possible if it was not for the groundbreaking decisions on sexual orientation discrimination handed down by the South African Constitutional Court over the past ten years. It al so describes the complex legal regime now in place which allows different sex couples to enter into marriage in terms of a traditional Marriage Act or the new Civil Union Act but restricts same-sex couples to entering into marriage in terms of the latter Act. The article concludes that while this extension of marriage rights can be viewed as a legal revolution, some problems remain with the legal regulation of same-sex relationships in South Africa.

  7. ADMINISTRATIVE AND JUDICIAL REFORMS IN DAGESTAN IN THE ХIХ CENTURY

    OpenAIRE

    Asma Gadjievna MUSAEVA

    2015-01-01

    The article highlights the studies of the administrative-judicial reforms in Dagestan in the second half of the 19th century. These issues have always been in the centre of scientists’ attention. The studies imply a complex of issues related to the state and political structures on the territory of Dagestan in the first half of the 19th century, the legal system of Dagestan during the whole 19th century, and the administrative-judicial reforms in the second half of the 19th century. Having cu...

  8. An Overview Study of Performance Evaluation of Intellectual Property Administrative and Judicial Protection in China

    Institute of Scientific and Technical Information of China (English)

    Xu Xingxiang; Luo Juan

    2015-01-01

    Whether IP Administrative and judicial Protection in China is good or bad depends on the evaluation of protection effects of administrative and judicial organs. In China the evaluation system of IP protection performance consists of evaluation principles, evaluation elements and evaluation methods, evaluation principles includes the principle of designing two sets of indicators, the principle of closely linking with China' s national intellectual property strategy, the principle of openness and flexibility of performance evaluation indicators,the principle of standardability of the determination of performance evaluation indicators; evaluation elements consist of evaluator, evaluation tools and objects evaluated; evaluation methods here refers to the Delphi method and the method of network questionary survey.

  9. Administrative Judicial Decisions as a Hybrid Argumentative Activity Type

    OpenAIRE

    Plug, H.J.

    2016-01-01

    This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implications of current discussions on the changing task of the administrative judge may be- come manifest in the judge’s strate- gic manoeuvring by means of the presentation of argumentation and the intr...

  10. Administrative Judicial Decisions as a Hybrid Argumentative Activity Type

    NARCIS (Netherlands)

    Plug, H.J.

    2016-01-01

    This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implica

  11. 42 CFR 405.1804 - Matters not subject to administrative and judicial review under prospective payment.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Matters not subject to administrative and judicial... AND DISABLED Provider Reimbursement Determinations and Appeals § 405.1804 Matters not subject to... available for controversies about the following matters: (a) The determination of the requirement, or...

  12. 16 CFR 1101.46 - Other administrative or judicial proceeding exception.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Other administrative or judicial proceeding exception. 1101.46 Section 1101.46 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PRODUCT SAFETY ACT REGULATIONS INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT Statutory Exceptions of Section 6(b)(4)...

  13. Anti-localization Reform in China's Judicial System---From the perspective of "the Circuit Court of the Supreme Court"and"the New Intermediate Court"%论我国司法系统“去地方化”改革--以“最高院巡回法庭”与“地方新中级法院”为视角

    Institute of Scientific and Technical Information of China (English)

    李云洲

    2015-01-01

    设立最高院巡回法庭和地方层面的新中级法院是我国司法系统“去地方化”改革的两项最新举措。最高院巡回法庭的设立确实能够在“案件分流”“便利当事人”以及“最高院本部的重新定位”等方面发挥作用,但就“去地方化”这一首要目标而言,其效果却微乎其微。对于地方层面的新中级人民法院,虽在省级框架内确实能起到去地方化的效果,但首批选择北京、上海两个直辖市作为试点并不具有示范效应。我国司法系统去地方化的关键在于省一级,因此,我国应当在地方层面推广新中级人民法院、在省级新设大区制高级人民法院、在国家级完善最高院巡回法庭等方面继续深化改革。%The establishments of Circuit Court of the Supreme Court and new Intermediate Court are two meas-ures in the anti-localization reform in China's judicial system.Circuit Court can play an active role in diverting ca-ses, facilitating the parties and the reposition of the headquarter of Supreme Court.It may not be effective, howev-er, in terms of avoiding localization, which is the primary aim of the establishment of the Circuit Court.As for the new Intermediate Court, on the one hand, it can avoid localization in the provincial administrative division;on the other hand, as two direct-controlled municipalities, Beijing and Shanghai may not be appropriate pilot cities. Therefore, since the key issue of the anti-localization reform lies in the provincial level, China shall deepen its judi-cial reform in three aspects:(1) promoting the new Intermediate Court in the municipal level;(2) establishing the cross-boundary High Court in the provincial level;(3) improving the Circuit Court in the national level.

  14. Teen Tobacco Court: A Determination of the Short-Term Outcomes of Judicial Processes with Teens Engaging in Tobacco Possession.

    Science.gov (United States)

    Langer, Lilly M.; Warheit, George J.

    2000-01-01

    Investigated the impact of a tobacco citation and subsequent court appearance on teens who possessed tobacco, examining offenders' attitudes and behaviors following citation and court appearance. Surveys and interviews indicated that being ticketed and appearing in teen tobacco court had significant, positive, short-term impacts on large numbers…

  15. 论行政裁量的司法审查%Judicial Review of Administrative Discretion

    Institute of Scientific and Technical Information of China (English)

    章红艳

    2015-01-01

    在混乱的裁量观和不当的司法审查强度理念下,司法对行政裁量的“隐匿”审查广泛存在。要解决“隐匿”审查的问题,则应当在裁量观、司法审查标准、审查方式、判决方式等各方面作出努力。当然,该问题的最终解决赖于《行政诉讼法》的修订,而新修改的《行政诉讼法》并没对此作出整体性的规定。%In view of the mess of administrative discretion and the improper concept of the intensity of judicial review, judicial "hidden"review directed at administrative discretion is extensive .To solve the problem regarding the"hidden"review, efforts should be made in terms of administrative discretion , the standard of judicial review , the way of review and the method of making a decision .Of course , the ultimate resolution to this issue depends on the amendment of "Administrative Procedure Law", since the newly revised one does not involve with this integri-ty.

  16. Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    , this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non...

  17. Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    The Court of Justice of the European Union (Court) delivered a preliminary ruling in 2011 in the case of Oliver Brüstle v Greenpeace on the interpretation of Article 6(2) of the Biotech Directive and thereby established an autonomous concept of the term ‘human embryo’. The Brüstle decision raises......, this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non......-fertilised human ovum, not capable of developing into a human being, is not a ‘human embryo’. Hence, ‘where a non-fertilised human ovum does not fulfil that condition [inherent capacity of developing into a human being], the mere fact that that organism commences a process of development is not sufficient...

  18. 20 CFR 405.515 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 405.515 Section 405.515 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.515 Application of circuit court law. We...

  19. On Limits of Judicial Review on Administrative Power Abuse%浅析行政滥用职权司法审查的界限与深度

    Institute of Scientific and Technical Information of China (English)

    胡童

    2012-01-01

    《中华人民共和国行政诉讼法》将滥用职权作为法院撤销被诉具体行政行为的法定理由,为防止行政权行使的肆意提供了司法保障,但是在我国当下的现实中,无论是行政法理论还是实务中,都对"滥用职权"的认识存在纷争。本文试根据行政权与司法权之间的分权制衡,界定滥用职权司法审查的界限与深度,以期明晰在司法审查中法官需要把握的适用标准。%In Administrative Procedure Law of the People's Republic China,power abuse is taken as the legal grounds for the court to withdraw the specific administrative acts,which provides judicial protection to prevent the arbitrary exercise of executive power.But in reality,disputes exist on recognition of power abuse both in the theory and practice of administrative law.This paper defines the limits and depth of judicial review on power abuse based on the balance between the executive power and the judicial power in order to clear the applicable standards that judges should grasp in judicial review.

  20. A Probe into the Operation of Judicial Mechanism without Bureaucratic Administrative Procedure%审判权运行机制去行政化路径探索

    Institute of Scientific and Technical Information of China (English)

    杨方程; 沈成燕

    2015-01-01

    The reform of the operation of the judicial mechanism is the focus of a new round of judicial re-form in China.Currently,the administration of the operation of judicial mechanism refers mainly to the adminis-trative examination and approval system for the judicial cases,the administration of the status of the judge,the administration of the relationship between the upper court and the lower one,and the like.The bureaucratic ad-ministrative procedure of the operation of judicial mechanism has reduced the trial efficiency,and affected the in-dependent exercise of judicial power by the judge.It is not conducive to the realization of justice,and not condu-cive to the building of a healthy relationship between trial and supervision.As a result,it will lead to the situa-tion in which “those who render a final decision will not hear the case,and those who hear the case will have no right to judge”.To realize the operation of judicial mechanism without the interference from administrative proce-dure challenges the reform in four aspects:the change of traditional concept,and the raising of the consciousness of “removing bureaucratic administrative procedure”;the perfection of the judicial operation mechanism;the conducting of independent and impartial judicial supervision under the condition of maintaining open justice as a means;and the completion of supporting measures so as to restrict and safeguard the independence of judges.%审判权运行机制改革是我国新一轮司法改革的重点。当前审判权运行机制行政化主要表现在案件审批制度行政化、法官地位行政化、上下级法院关系行政化等方面。审判权运行机制行政化降低了审判效率、影响法官独立行使审判权、不利于司法公正的实现、不利于构建健康的审级监督关系,造成“作出裁判的人不审理案件,审理案件的人无权裁判”。审判权运行机制去行政化要着力于转变思想观念,提高“去

  1. ADMINISTRATIVE AND JUDICIAL REFORMS IN DAGESTAN IN THE ХIХ CENTURY

    Directory of Open Access Journals (Sweden)

    Asma Gadjievna MUSAEVA

    2015-01-01

    Full Text Available The article highlights the studies of the administrative-judicial reforms in Dagestan in the second half of the 19th century. These issues have always been in the centre of scientists’ attention. The studies imply a complex of issues related to the state and political structures on the territory of Dagestan in the first half of the 19th century, the legal system of Dagestan during the whole 19th century, and the administrative-judicial reforms in the second half of the 19th century. Having curbed the mountaineers as a result of more than 30 years of bloody war, the tsarist government had to seek ways and methods of their involvement in the system of political, administrative, economic and cultural life of the Russian Empire. Thus, the Russian government adopted the decision on forming a new administrative entity the Dagestan region (oblast, with the so called “military-folk” governance. Though it was introduced in Dagestan as a temporary form of governance, it existed until the overthrow of tsarism in 1917. 

  2. 5 CFR 1201.133 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.133 Section 1201... review. An employee, former employee, or applicant for employment who is adversely affected by a final... review of the decision in the United States Court of Appeals for the Federal Circuit. 5 U.S.C....

  3. Researching Justification Texts of a First Instance Court from Assignment to Results and Reporting

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

    Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences

  4. Researching Justification Texts of a First Instance Court from Assignment to Results and Reporting

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

    Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences

  5. Sink or Swim: Evolving a Broader Definition of Courts through the Multi-Door Approach to Dispute Resolution and the Implications it has for Traditional Court Systems

    Directory of Open Access Journals (Sweden)

    L.H. Gummi

    2010-04-01

    Full Text Available This article comprises three parts. The first part addresses the Nigerian Court system, detailing the hierarchy of courts that make up our legal system or as the topic suggests the traditional court system. The second predominantly dwells on the introduction of the Multi- Door court system into our judicial landscape, and the uniqueness of its operation. The third offers my analysis, based on my experience as a court administrator on whether, with the introduction of the Multi-Door system we have swam or sank, and my advice to other judicial systems that are yet to imbibe the ADR culture.

  6. Law-making functions of the Chinese courts:Judicial activism in a country of rapid social changes

    Institute of Scientific and Technical Information of China (English)

    WANG Chenguang

    2006-01-01

    The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions.Despite of these differences,judges in both legal traditions in adjudicating cases have a common task,which is the application of legal rules to the facts of cases pending for judgments.The tension between the certainty and the "discretion" is universal for any legal system and,to a certain extent,it poses a hard dilemma for the rhetoric of rule of law.In the transitional countries such as China where rapid social changes and transformations take place,the judiciary and judges can not escape from taking more active roles in interpreting or even law making process.It arouses much controversy,particularly in continental legal traditions,for the judiciary is deemed to perform a mechanical role in adjudicating cases.This article intends to analyze the needs for judicial law.making function in China and its reasons.It reveals that judicial interpretation constitutes an important source of law despite its ambiguous legislative position.The article argues that judicial activism is inevitable against the transitional nature of current Chinese society.

  7. Lessons on Judicial Interpretation: How Immigrants Takao Ozawa and Yick Wo Searched the Courts for a Place in America.

    Science.gov (United States)

    Teel, Steven C.

    1998-01-01

    Presents two lessons designed to counter textbook images of minorities merely as victims, by introducing high school students to two federal court cases involving Asian immigrants' efforts to guarantee their rights. Includes lesson objectives, background on lesson organization, procedural outline, primary documents necessary for each lesson, and…

  8. Procedural justice in mental health courts: judicial practices, participant perceptions, and outcomes related to mental health recovery.

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2013-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed.

  9. Procedural justice in mental health courts: Judicial practices, participant perceptions, and outcomes related to mental health recovery

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2015-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed. PMID:23415372

  10. Overview of Specialized Courts

    OpenAIRE

    2009-01-01

    This Overview has two primary purposes. First, it provides judicial system officials with the arguments in favor of and in opposition to the creation of specialized courts. Second, it offers recommendations for consideration by judicial system officials when they are deliberating whether to establish specialized courts. This Overview also provides a review of types of specialized courts that have been established in court systems in some countries in Europe and the United States. This review ...

  11. 76 FR 78093 - Correction of Administrative Errors; Court Orders and Legal Processes Affecting Thrift Savings...

    Science.gov (United States)

    2011-12-16

    ... CFR Parts 1605 and 1653 Correction of Administrative Errors; Court Orders and Legal Processes..., the TSP will pay a current or former spouse first, a dependent second, and an attorney third. However, in 2004 the Agency amended Part 1653 to remove language that permitted an attorney to receive...

  12. What Role for Administrative Courts in Granting Effective Legal Protection in the Energy Sector?

    NARCIS (Netherlands)

    Lavrijssen, S.

    2014-01-01

    This article develops a normative framework for assessing the role of the national administrative courts in reviewing regulatory decisions involving complex legal and economic assessments in the energy sector. It elaborates in a detailed way the requirements that follow from the EU law principle of

  13. A judicial revolution?
    The court-led achievement of same-sex marriage in South Africa

    OpenAIRE

    2008-01-01

    This article maps the legal developments that led to the adoption of the Civil Union Act, which extended full marriage rights to same-sex couples in South Africa. It points out that this extension of marriage to same-sex couples would not have been possible if it was not for the groundbreaking decisions on sexual orientation discrimination handed down by the South African Constitutional Court over the past ten years. It al so describes the complex legal regime now in place which allows differ...

  14. Judicial control of administrative activity and advantages of reorganization of the juridical system in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Florent Muçaj

    2016-01-01

    In the last part of the paper there are clear and consistent conclusions and significant recommendations relating to general views about judicial control, with particular emphasis on their practical implementation in the Republic of Kosovo and the way of adjustment with the reforms in the field of administrative justice which are at the beginnings of the implementation.

  15. 31 CFR 363.45 - What are the rules for judicial and administrative actions involving securities held in...

    Science.gov (United States)

    2010-07-01

    ... administrative actions involving securities held in TreasuryDirect ®? 363.45 Section 363.45 Money and Finance... BUREAU OF THE PUBLIC DEBT REGULATIONS GOVERNING SECURITIES HELD IN TREASURYDIRECT General Provisions Governing Securities Held in TreasuryDirect § 363.45 What are the rules for judicial and...

  16. A judicial revolution?
    The court-led achievement of same-sex marriage in South Africa

    Directory of Open Access Journals (Sweden)

    Pierre de Vos

    2008-06-01

    Full Text Available This article maps the legal developments that led to the adoption of the Civil Union Act, which extended full marriage rights to same-sex couples in South Africa. It points out that this extension of marriage to same-sex couples would not have been possible if it was not for the groundbreaking decisions on sexual orientation discrimination handed down by the South African Constitutional Court over the past ten years. It al so describes the complex legal regime now in place which allows different sex couples to enter into marriage in terms of a traditional Marriage Act or the new Civil Union Act but restricts same-sex couples to entering into marriage in terms of the latter Act. The article concludes that while this extension of marriage rights can be viewed as a legal revolution, some problems remain with the legal regulation of same-sex relationships in South Africa.

  17. Judicial Dialogue and Human Rights

    NARCIS (Netherlands)

    Müller, A.; Kjos, H.E.

    2017-01-01

    This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada,

  18. 国际法院对安理会决议的间接司法审查权之探析%Analysis on Indirect Judicial Review of Security Council's Resolutions by International Court of Justice

    Institute of Scientific and Technical Information of China (English)

    邓宁

    2014-01-01

    Due to lack of authorization of Charters of United Nations and Statute of the International Court of Justice, it is controversial whether the International Court of Justice has the power to review the Security Council's resolutions. Judicial practice and theory of implied powers can become the legal basis for the Inter-national Court's power of judicial review indirectly. Characteristic of indirect judicial review is the effective-ness of the review. Before the modification, the Court cannot declare the Security Council's resolutions invalid. The resolutions of the Security Council, according to the content, can be divided into execution, quasi legisla-tive and quasi judicial three kinds, so the International Court of Justice applies to different standard of review on three kinds of resolutions.%由于缺乏《联合国宪章》和《国际法院规约》的明示授权,国际法院是否有权审查安理会的决议,在国际法学界是有争议的。司法实践以及隐含权力的理论,可以成为国际法院间接司法审查权的法律基础,间接审查权的特点在于审查的效力,在《联合国宪章》和《国际法院规约》修改之前,国际法院不能宣告安理会决议的无效。安理会的决议按其涉及的内容,分为执行、准立法和准司法三类,国际法院对三类决议分别适用不同的审查标准。

  19. Constructive Procedural Justice in Judicial Practice of Basic Courts%基层法院实践中的建构性程序正义

    Institute of Scientific and Technical Information of China (English)

    朱涛

    2012-01-01

    司法实践的过程充满了对按程序正义设计的案件审理程序的创新、变通和重构。本文从探讨程序正义的规范性和实证性研究进路出发,以基层法院在案件审理中的程序运作为分析对象,指出在程序的每一个节点,在不同的案件情境中,程序运作都有可能受到来自行动者的创新,以变通的方式完成程序,行动者在接受结果的同时也间接地认同了重构的程序。由此尝试提出"建构性程序正义"以理解程序正义在我国基层法院实践中的价值和意义。%The case trial procedure is designed in the concept of procedural justice,but there are many innovations,alternatives and reconstructions of procedure in judicial practice.This article firstly discusses two kinds of research ways for procedural justice,normative procedural justice and empirical procedural justice.Second,this article analyses the operation of procedure in basic courts.It shows that in every step and in different case context,the enactment of the procedures may be deconstructed by the actors.The actors may complete the process in alternative ways,accept the case trial results and agree with the reconstructed process.Third,this article tries to propose a new concept "constructive procedural justice" to explain the values and meanings of procedural justice in judicial practice.

  20. Administrative Decision-Making in Reaction to a Court Judgment
    Can the Administrative Judge Guide the Decision-Making Process?

    OpenAIRE

    Marseille, A.T.; I.M. Boekema

    2013-01-01

    In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken, interested parties can decide to commence proceedings for the second time. This study seeks to investigate the factors influencing the administrative decision-making process and the degree to which repeated...

  1. Administrative "health courts" for medical injury claims: the federal constitutional issues.

    Science.gov (United States)

    Elliott, E Donald; Narayan, Sanjay A; Nasmith, Moneen S

    2008-08-01

    Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative "health courts." In doing so, we address the following constitutional issues: 1. Is there federal authority to preempt state law (the commerce clause and spending clause issues)? 2. May jurisdiction be created in non-article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? 3. Would pilot programs that require some claims to be pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute is appropriately drafted and that appropriate factual findings are made concerning the benefits to patients and the public as well as to doctors and their insurers.

  2. 论高校学籍管理行为的司法审查%The Judicial Review of Student Enrollment Status Administration in Higher Education Institutions

    Institute of Scientific and Technical Information of China (English)

    戴国立

    2016-01-01

    学籍是学生身份的象征,学籍的注销或开除意味着学生身份的丧失。因此,学籍问题与公民的受教育权紧密相连,关系到公民受教育权利的实现。高校的学籍管理的内容非常广泛,其中学籍的剥夺行为对学生权利影响巨大,超出学校自主权的范围,应当将其纳入法院的司法审查范围之内。《普通高等学校学生管理规定》中规定学生对学校的退学或开除学籍的处理决定不服可以向学校或教育行政主管部门进行申诉,但不应将申诉作为提起行政诉讼的前置程序。同时,法院在审查高校的学籍管理行为时,应主要审查其作出行为的依据、程序等是否合法。%Student enrollment status is the symbol for student identity. The cancellation or dismissal of one's enrollment status means the loss of his or her student identity. Thus, student enrollment status, which is closely linked with citizen's right to education, exerts impact on the realization of civil rights. Due to the broad range of student enrollment status administration, the dismissal of a student from a university exerts huge impact on the rights of a student, which is beyond the scope of university authority. Therefore, the cancellation of student enrollment status should be included in the scope of judicial review in court. Regulations on Student Administration for Regular HEIs rules that whether who is unsatisfied with the withdrawal or dismissal from a higher education institution, he can appeal to the institution or administrative department for education. However, appealing is not a prepositional procedure for administrative litigation. At the same time, the court should put the legality and procedure of the administrative behavior at the first place when reviewing the administration of student enrollment status.

  3. 行政规范性文件的司法审查问题研究--基于《行政诉讼法》修订的有关思考%A Study on Judicial Review of Administrative Normative Documents Based on Reflections on the Newly-amended Administrative Procedure Law

    Institute of Scientific and Technical Information of China (English)

    张浪

    2015-01-01

    The newly-amended Administrative Procedure Law stipulates that People’s Courts can con-duct judicial review on administrative normative documents below the level of rules and regulations. Based on the existing system of power allocation and the reform of judicial system, we take judicial theories and practices in western countries as reference to integrate the prospect of legislation with its practicability.Besides, we discuss concrete issues on system design and judicial application like the i-dentification of the subject of review, the ways to file a lawsuit, the content and intensity of review, and the classification of court decisions and their enforcement, so as to establish a mechanism of judi-cial review which meets the realistic needs of China.%新修订的《行政诉讼法》规定了人民法院可对规章以下的行政规范性文件进行司法审查。在立足现行权力配置体系和司法体制改革的基础上,参考借鉴国外的司法理论和实践经验,将立法的前瞻性和可操作性有机结合,对审查主体的设置、提起诉讼的方式、审查的内容和强度、裁判的种类及执行等具体制度设计和司法适用问题进行探讨,以构建符合我国现实需求的审查机制。

  4. 76 FR 18144 - Committees on Administration & Management, Collaborative Governance, and Judicial Review

    Science.gov (United States)

    2011-04-01

    ...; ] ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Committees on Administration & Management, Collaborative...: Committee on Administration & Management The Committee on Administration & Management will meet to discuss...

  5. 76 FR 61072 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Science.gov (United States)

    2011-10-03

    ...; ] ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Committees on Administration and Management, Collaborative...: Committee on Administration and Management The Committee on Administration and Management will meet...

  6. 76 FR 54730 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Science.gov (United States)

    2011-09-02

    ...; ] ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Committees on Administration and Management, Collaborative...: Committee on Administration and Management The Committee on Administration and Management will meet...

  7. ADMINISTRATIVE JUSTICE IN POLAND

    Directory of Open Access Journals (Sweden)

    J. Turłukowski

    2016-01-01

    Full Text Available This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.

  8. Internação por ordem judicial: dilemas éticos vivenciados por enfermeiros Internación por orden judicial: dilemas éticos vividos por enfermeros Hospitalization by court order: ethical dilemmas experienced by nurses

    Directory of Open Access Journals (Sweden)

    Mara Ambrosina de Oliveira Vargas

    2013-03-01

    Full Text Available Pesquisa qualitativa, cujo objetivo foi descrever as situações vivenciadas e os dilemas éticos dos enfermeiros no percurso de encaminhamento e recebimento, por ordem judicial, de pacientes com indicação de internação em Unidade de Terapia Intensiva (UTI. Foi efetivada entrevista parcialmente estruturada com 10 enfermeiros, que atuam em UTI e 10 que atuam em emergência de hospitais públicos e privados da região metropolitana de Porto Alegre, Brasil. Os dados foram submetidos à análise temática. Os resultados indicam que os enfermeiros vivenciam dilemas éticos consequentes aos problemas de superlotação das UTI e das emergências, da precária tecnologia especializada, da orientação quanto ao benefício concedido pela lei. Concluiu-se que é fundamental a participação dos enfermeiros em debates que possibilitem mapear as diferentes instâncias que têm promovido esta situação, muitas vezes caótica.Investigación cualitativa cuyo objetivo fue describir las situaciones vividas y los dilemas éticos de los enfermeros en el transcurso del envío y recibimiento por orden judicial de pacientes con indicación de internamiento en la Unidad de Cuidados Intensivos (UCI. Se realizó una entrevista parcialmente estructurada con 10 enfermeros que actuaban en la UCI y 10 que actuaban en Emergencias de hospitales públicos y privados de la región metropolitana de Porto Alegre, Brasil. Los datos fueron analizados según el Análisis Temático. Los resultados indican que los enfermeros experimentan dilemas éticos consiguientes problemas de hacinamiento en emergencia y UCI, especialista en tecnología pobre, la orientación en cuanto a los beneficios establecidos por la ley. Se concluye que es fundamental la participación de los enfermeros en debates que posibiliten mapear las diferentes instancias que han promovido esta situación muchas veces caótica.A qualitative study aimed at describing the situations experienced and the ethical

  9. The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Goga Gina Livioara

    2010-06-01

    Full Text Available According to the law of the European Union, in case one of the institutions of the Union or an organ, office or agency belonging to the Union refrains from making a decision, the member states and theother institutions of the Union are entitled to make a notification to the Court of Justice of the European Union. The Court has the competence to verify the legality of the legislative acts of the institutions, offices, organs or agencies of the Union that are meant to produce judicial effects towards third parties and iscompetent to pronounce itself, by preliminary decision regarding the interpretation of the treaties, namely the validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also, according to the primary treaties, any legal issues related to the non- fulfillment of the treaty’s provisions, non compliance with the community legislation, not executing the decisions of the Court of Justice or non compliance with the terms of an agreement between the EU and a third state, as well as the legal aspects related to the application of penalties based on the regulations of the EU, contractual and extra contractualliability are subordinated to the control of the Unions’ judicial instance.

  10. On Judicial Investigation of Administrative Abuse of Official Power%论行政滥用职权司法审查的界限

    Institute of Scientific and Technical Information of China (English)

    胡童

    2011-01-01

    The administrative procedure law of the People's Republic of China has take abuse of official power as legal reason for court to abate the alleged specific administrative act which provides the judicial safeguard to prevent executive power from abusing. However, in practice, there still has not a comprehensive research or theory which undoubtedly make the judge difficult, unable and unwilling to apply "abuse of official power" to abate concrete administrative act. The article, from different aspects, defines the boundaries of judicial investigation of abuse so as to make clear the applied condition in investigation hereby.%《中华人民共和国行政诉讼法》将滥用职权作为法院撤销被诉具体行政行为的法定理由,在行政权不断扩张的今天.该规定的内容使得司法权可以对行政主体的栽量活动进行审查,为防止行政权行使的肆意提供了司法保障。但是在我国当下的现实中,行政法学界对“滥用职权”的内涵与表现形式等基础理论研究存在较大争议,形成多种不同的观点,相对一致的学说理论没有形成;法律规定和司法解释也没有对“滥用职权”进行准确定位,进而导致在司法审判中,法官对“滥用职权”的标准难于把握,不能、不愿也不敢适用“滥用职权”而撤销具体行政行为。笔者试从“滥用职权”的不同认识出发,梳理之间存在的核心争议点,进而根据行政权与司法权之间的分权制衡,界定滥用职权司法审查的界限与深度.以期明晰在司法审查中法官需要把握的适用标准。

  11. Administrative Decision-Making in Reaction to a Court JudgmentCan the Administrative Judge Guide the Decision-Making Process?

    Directory of Open Access Journals (Sweden)

    A.T. Marseille

    2013-07-01

    Full Text Available In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken, interested parties can decide to commence proceedings for the second time. This study seeks to investigate the factors influencing the administrative decision-making process and the degree to which repeated litigation takes place.

  12. Judicial Review Standard of American Administrative Interpretation--Development after Shefrin Case%美国行政解释的司法审查标准--谢弗林案之后的发展

    Institute of Scientific and Technical Information of China (English)

    邓栗

    2013-01-01

    In 1984, the Shefrin Principle which gives judicial deference to administrative organs’ legal interpretation was established by the Supreme Court of the United States through legal precedents. During the 20 years after that, this principle experienced a lot of development and changes, the core of which is the legal interpretation method of the Supreme Court. Based on the investigation of related legal precedents and judges’ legal interpretation methods after Shefrin case, this article analyzes the possible influence of judicial deference standard on administrative organs and the responses of administrative organs as well as the Congress, pointing out that the administrative and the legislative branches should play a greater role in legal interpretation and application.%  要: 1984年,美国联邦最高法院通过判例确立了对行政机关的法律解释予以司法尊重的谢弗林原则。在之后二十多年里,这一原则经历了诸多发展变化,其核心是最高法院的法律解释方法。在对谢弗林案之后的相关判例和法官的法律解释方法进行考察的基础上,分析司法尊重标准对行政机关可能产生的影响以及行政机关和国会对此的回应,可以发现,行政和立法分支应当在法律解释和适用的过程中发挥更大的作用。

  13. Federal administrative health courts are unconstitutional: a reply to Elliott, Narayan, and Nasmith.

    Science.gov (United States)

    Widman, Amy; Hochberg, Francine A

    2008-08-01

    This commentary responds to the essay by Elliott, Narayan, and Nasmith wherein they propose that the federal government may preclude plaintiffs with medically inflicted injuries from bringing state common-law tort claims against those whose negligence caused their injury. The administrative system championed by Elliott and other proponents is a radical departure from the current civil justice system. Specifically, we argue that the administrative health courts, as proposed, violate the commerce clause, the spending clause, the Seventh Amendment, and separation of powers principles. The commentary concludes that such a system is fatally flawed and cannot withstand constitutional scrutiny. Moreover, we are not persuaded that Congress will be able to ground such a radical constitutional restructuring in any sound public policy, as the majority of studies do not evidence Elliott, Narayan, and Nasmith's presumption that the civil justice system has failed in the medical malpractice context.

  14. 28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... of an Administrative Law Judge in cases arising under section 274B. Any person aggrieved by a final...

  15. Judicial Influence on Policy Outputs?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2015-01-01

    The ability of courts to generate political change has long been debated in national, comparative, and international politics. In the examination of the interaction between judicial and legislative politics, scholars have disagreed on the degree of judicial power and the ability of politics...... to override unwanted jurisprudence. In this debate, the Court of Justice of the European Union (CJEU) has become famous for its central and occasionally controversial role in European integration. This article examines to what extent and under which conditions judicial decisions influence European Union (EU......) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958...

  16. Reasons for the cancellation of the administrative decision by the administrative court

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2016-07-01

    Full Text Available Law enforcement is one of the main goals in the construction, development and strengthening of a state. The principle of legality presupposes respect, strict and mandatory implementation of the Constitution, laws and other legal acts by all state bodies, institutions and public authorities, officials, NGOs and citizens. The state as a whole through its powers controls the precise and uniform application of the Constitution and other legal acts together with the law. On the basis of these constitutional principles of a state the administration should act as well, in order to fulfill its duties and not to affect and prejudice the rights and interests of citizens. In order for this to be accomplished the administration should not violate the interests and rights of citizens as well as public interest. It is necessary for all stakeholders to respect and implement the fundamental constitutional principles, since all people are prone to make mistakes and violations of the rights of citizens, some of ignorance and others from the misapplication and misinterpretation of law. In order for all this activity to be regular by the executers of administrative power, it is necessary to carry out supervision and permanent control both in terms of the devolutive principle (the highest bodies control the underrated bodies.

  17. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

    In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religi

  18. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

    In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on

  19. The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

    Directory of Open Access Journals (Sweden)

    Nina Holvast

    2016-03-01

    Full Text Available Although largely invisible to the public, behind the scenes, judicial assistants/law clerks frequently play a vital role in the process of adjudication. Yet, especially outside of the U.S., little is known about their role and duties in the judicial decision-making process. This article provides insight into the organization of the employment and the duties of judicial assistants in three different jurisdictions: the U.S., England and Wales, and the Netherlands. In particular, this article aims to gain an understanding of the effects different organizational structures have on the potential influence of assistants on the judicial process and to observe what restrictions are employed to prevent assistants from wielding too much influence

  20. Law Enforcement Efforts Against Contempt Of Court As The Judges Shield In Indonesian Justice System

    Directory of Open Access Journals (Sweden)

    Wisnu Baroto

    2015-08-01

    Full Text Available Abstract The contempt of court basically is one of criminal offenses against the administration of justice which as a whole deals with the criminal justice system. The contempt of court cases that occurred in Indonesia but the enforcement of the law against the contempt of court is an issue that is never-ending. The provisions of contempt of court are necessary to ensure the position trust authority and integrity of the court in the judicial process including all matters relating to the judicial process. Guarantee that once the public interest to take action against any violation as an endorsement of the judicial process the rights of the public to ensure a fair trial and protecting privacy. On the other hand there is also a public interest that cant be ignored in any democratic society namely the right to freedom of speech and expression. A manifestation of contempt of court is a speech writing pictures or other expressions that can be categorized as a contempt of court. In other words contempt of court is a restriction of the right to freedom of speech opinion and expression. How to limit the collision of the purposes of enforcing the provisions of contempt of court with the right to freedom of speech freedom of opinion and expression. Preparation of deeds category and procedures for enforcement of contempt of court must be specifically and carefully.

  1. Review of Administrative Justice in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Islam Pepaj

    2015-07-01

    Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.

  2. Court Decisions Go Online in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    A website has been initiated by the BeijingHigher People's Court to help people search andreview the documents of judicial decisions onintellectual property rights(IPR)cases handled bythe courts in Beijing at various levels.A chief judge from the Beijing Higher People'sCourt said that all of the judicial documents of the

  3. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

  4. 40 CFR 180.30 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 180.30 Section 180.30... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to...

  5. 14 CFR 1264.141 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1264.141 Section 1264.141... PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority...

  6. 31 CFR 16.42 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of...

  7. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  8. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  9. Case of administrative dispute

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2015-11-01

    Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

  10. Judicial fiats and contemporary enclosures

    Directory of Open Access Journals (Sweden)

    Thayyil Naveen

    2009-01-01

    Full Text Available This article examines the problematic processes in a case that has had few parallels in Indian judicial history. The apex court in T. N. Godavarman took upon the responsibility of deciding how forest resources in the country should be accessed and who is (or is not to have such access. Purportedly done to protect the environment, through the ′clarification and fine-tuning′ of national forest-laws, the case has seriously affected the life, livelihood, and habitat of millions of marginal groups. Recent trends demonstrate the wider trend of constitutional courts assuming the roles of adjudication, administration and legislation, all rolled into one, whereby they become problematic sites for creating a hierarchy of conflicting public interests, which claim constitutional validity from different vantage points. Thus, constitutional values of ′protection of environment′ and ′justice - social, political and economic′ ′are pitted against each other′ where unelected courts take it upon themselves to define the legitimate precincts of the theoretical discourse of sustainable use / development; and importantly also implement it into ′everyday′ ′reality, in the way it feels fit′. The article seeks to make sense of this contemporary process of forest governance.

  11. 跨行政区划法院和检察院及其刑事管辖权研究%Research on Court and Procuratorate of Crossing Administrative Region and their Criminal Jurisdiction

    Institute of Scientific and Technical Information of China (English)

    宋振策

    2015-01-01

    跨行政区划法院和检察院的管辖地域不再与《宪法》第30条规定的四级行政区相对应,实现了司法管辖区与行政区划的分离,这是其本质特征.跨行政区划法院和检察院设立的初衷和直接动力是为了革除现行司法体制的弊端之一——司法地方化,其刑事管辖功能定位是保障司法公正、实现指定管辖的集中化与法定化、分流特殊案件与合理配置司法资源以及促进国家法律统一正确实施.研究跨行政区划法院和检察院的受案范围及其制度设计仍存在一定的局限性,有待于进一步完善.%The jurisdiction of court and procuratorate of crossing administrative region is no longer corresponding with any of the four level administrative regions which are established by article 30 of China's constitution. They have realized the separation of jurisdiction and administrative region, which is their essential character. The direct purpose and impetus of setting up court and procuratorate of crossing administrative region are to abolish localization of court and procuratorate which is one of the drawbacks of current judicial system. Their function orientations of criminal jurisdiction are to guarantee justice, to realize centralization and legalization of altering jurisdiction by order, to shunt special cases and allocate judicial resources rationally, and to implement law unified and correctly. The jurisdiction and system design of court and procuratorate of crossing administrative region still have some limitations, remain to be further improved.

  12. 42 CFR 457.208 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ...) The State must file a petition for review with the U.S. Court of Appeals for the circuit in which the... court files a copy of the petition with the Administrator, the Administrator files in the court the record of the proceedings on which the determination was based. (c) Court action. (1) The court is...

  13. Legal-accounting interfaces in law recovery procedures in São Paulo City District Court

    Directory of Open Access Journals (Sweden)

    Ivam Ricardo Peleias

    2016-08-01

    Full Text Available Judicial reorganization, based on Brazilian Law 11.101/2005, has legal and accounting connections, and is responsible for studying the presence of Accountancy and accountants in six judicial processes, in two bankruptcy and judicial reorganization courts - Fórum João Mendes Jr. – São Paulo city, Brazil. It is a descriptive research, based on documental and content analysis, with the triangulation of interviews with judges, four legal administrators and the analysis of six processes by debtor companies. Accountancy appears in the analysed processes, through the financial statements joined by debtor companies. The accountants act as court appointed experts, helping judges and legal administrators. However, they do not act as managers. It was found the timid presence of Accountancy and accountants in the analyzed processes. Judicial reorganization is deferred without a deep accountant analysis of the joined financial statements, to help the debtor companies.

  14. 司法解释放弃定义具体行政行为的策略检讨%Review the Strategy of Giving up the Specific Administrative Act Definition of Judicial Interpretations

    Institute of Scientific and Technical Information of China (English)

    闫尔宝

    2012-01-01

    现行行政诉讼法建立了以具体行政行为为中心的行政诉讼制度体系,如何理解具体行政行为具有极为重要的理论意义与法律适用意义。在先后两个系统的司法解释中,最高人民法院采用了完全不同的解释策略,对具体行政行为先给出了明确界定,后又基于各种考虑而放弃。司法解释先后态度的不同,对我国的行政行为法理论和行政诉讼制度的理解与完善构成了一定影响。当前,我国行政诉讼法进入修改阶段,通过借鉴其他国家或地区的经验教训,重新认识和评估具体行政行为定义的价值,可以为发展我国的行政行为法理论、重新认识行政诉讼制度并更好地做好立法修订工作提供另外一种参照视角。%The administrative procedural law of China has established an administrative litigation system which makes the specific administrative act as the centre, how to understand this particular conception is of great significance not only to theory but also to the application of the law. In its two judicial interpretations of the law, the Supreme People' s Court has adopted a completely different interpretation of policy, at first, it gave out a clear definition to the specific administrative act, and then give it up for various reasons. The different attitudes of the judicial interpretation has certain influence on the theory of administrative law and administrative litigation. Currently, there is an movement of modification of administrative procedure law in China, through the lessons and experience of other countries or regions, recognition and evaluation the definition of the specific administrative act may provide another view of a reference to the development of China' s system of administrative act theory, rethinking administrative action and improving the work of legislative amendments

  15. Judicial System Restructuring and Modernization in Abu Dhabi

    Directory of Open Access Journals (Sweden)

    Lawrence Groo

    2008-01-01

    Full Text Available The purpose of this article is to provide a practical overview of the recently initiated modernization of Abu Dhabi’s judicial system. Beginning in 2007, Abu Dhabi’s Government launched a comprehensive effort to transform the Emirate’s judicial system. While the implementation of these reforms is ongoing, with the adoption of the law in May 2007 establishing the new judicial architecture the initial phase of the modernization program is already complete. The restructuring process encompasses court management and administration reform, a new judicial training regime, a redesigned organizational structure for the Emirate’s Judicial Department and courts, and the establishment of a system-wide strategic planning and budgeting process. Many of these initiatives are supported by applying advanced IT-based applications. Given the early achievements and ambitious broader aims of the restructuring process, Abu Dhabi’s example is relevant not only to the other Emirates within the Federal UAE system, but also within the context of the wider Middle East region.

  16. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  17. At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2016-08-01

    Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

  18. Special Administrative Jurisdictions

    Directory of Open Access Journals (Sweden)

    Vasilica Negruț

    2016-05-01

    Full Text Available The Constitution of Romania revised in 2003 establishes the free and voluntary nature of the special administrative jurisdictions, a fact which allows the party concerned to address either the administrative-judicial body or directly the court. If they opted for the administrative-judicial way, it must be followed to the end, then, under the terms established by the law, the party may address the court, under the right of access to justice provided by article 21 of the constitution. The administrative jurisdiction is an activity of solving an administrative litigation by specific procedural rules of judicial procedure, based on the principle of the independence, of insuring the right to defense and the administrative-jurisdictional independence activity, which results in a jurisdictional administrative act. In order to achieve the objectives of the paper, namely to highlight the essential elements of the resolution of litigation according to special administrative jurisdictions, we have achieved an analysis of the legislative acts referring to this activity, of the doctrine and jurisprudence. After examination and empirical research, the paper summarizes and specifies the general conclusions on the role and importance of special administrative courts.

  19. The Swiss Federal Supreme Court: A Constitutional Assessment of Control and Management Mechanisms

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2008-10-01

    Full Text Available Even the highest courts are under pressure to perform effectively and efficiently. In some instances, the pressure comes from supervisory and elected authorities, such as parliaments, which demand information regarding judicial output. In Switzerland a decision has been made by the Parliament to apply “steering instruments”, which were introduced as part of general administrative reforms. These procedures also include mechanisms for “controlling” 2 judicial activity. In this article, we examine reforms relating to the Swiss Federal Supreme Court , and the compatibility of those reforms with separation of powers principles.

  20. Tax Court Can Reduce Growing Case Backlog and Expenses through Administrative Improvements.

    Science.gov (United States)

    1984-05-14

    to which their auto- mated operations would be applicable to the Tax Court’s opera- tions. At ITC, computers provide calendar management and gen - eral...secretaries function as paralegals , drafting routine orders and decisions and checking the accuracy of legal citations. We would also like to emphasize

  1. Análise técnica para a tomada de decisão do fornecimento de medicamentos pela via judicial Análisis técnico para la toma de decisiones de abastecimiento de medicamentos por la vía judicial A technical analysis of medicines request-related decision making in Brazilian courts

    Directory of Open Access Journals (Sweden)

    Eloisa Israel de Macedo

    2011-08-01

    procesos fueron obtenidas en el Tribunal de Justicia del Estado de Sao Paulo. Los documentos administrativos legales que regulan la asistencia farmacéutica fueron consultados para identificar la solicitud judicial de medicamentos incorporados por el Sistema Único de Salud. Para análisis del nivel de evidencia de los medicamentos en las indicaciones clínicas referidas, fue consultada la base de datos Thomson Micromedex®. RESULTADOS: El número de medicamentos solicitados en cada proceso varió entre uno y siete ítems, en los cuales fueron identificados 77 fármacos diferentes. De los medicamentos solicitados, 14,3% deberían estar disponibles en la atención básica del Sistema Único de Salud, 19,5% en el componente de medicamentos de dispensación excepcional y 66,2% no pertenecían a ninguna lista oficial. Medicamentos del componente de dispensación excepcional presentaron mejor evidencia clínica al ser indicados en el tratamiento de enfermedades cubiertas por los Protocolos Clínicos y Directrices Terapéuticas del Ministerio de la Salud. CONCLUSIONES: La vía judicial ha sido utilizada para garantizar el acceso a medicamentos cuyo abastecimiento está previsto en el Sistema Único de Salud y para solicitar aquellos no incorporados por él. La evaluación del nivel de evidencia refuerza la necesidad de análisis técnica para la toma de decisión del abastecimiento de medicamentos por la vía judicial.OBJECTIVE: To analyze judicial requests for medications that are covered by the pharmaceutical assistance components of the Sistema Único de Saúde (SUS - Brazilian Unified Health System. METHODS: We analyzed 81 judicial requests for medications in the State of São Paulo between 2005 and 2009. The details of these cases were obtained electronically from the Court of Justice of the State of São Paulo. Directives that regulate pharmaceutical assistance were consulted to identify judicially requested medications that are covered by the SUS. To assess the level of

  2. Practice and Discourse of Judicial Operators in their Decisions of Migration Control: The Case of the Federal Administrative Justice in the City of Buenos Aires

    Directory of Open Access Journals (Sweden)

    Lila García

    2016-01-01

    Full Text Available This paper proposes to investigate the practice and discourse of the judicial operators of the federal administrative justice in the Federal City of Buenos Aires, which is the judiciary base established by the Argentine Migration Law (No. 25,871 to authorize or take part in the migration control decisions made by the Immigration Board (Dirección Nacional de Migraciones, DNM. This investigation goes from the doctorate research, focused primarily on federal administrative files and resolutions where DNM has intervened for the period 2004-2010. Upon these primary sources, which operated as means to review the Argentine migration policy, and its materiality, some exponents were chosen to think what they show about this judicial doing and saying in migration matters: the practice of “no-serve notice”, the references to delinquency, an upper-valuation in family issues and a negative to become part of the process.

  3. Realisation of power systems and European nature conservation. The actual jurisdiction of the Federal Administrative Court; Realisierung von Energieanlagen und europaeischer Naturschutz. Die aktuelle Rechtsprechung des Bundesverwaltungsgerichts

    Energy Technology Data Exchange (ETDEWEB)

    Anger, Christoph [avocado rechtsanwaelte, Koeln (Germany)

    2011-03-15

    For a long time, the right of nature conservation and landscape conservation showed a shadowy existence in the approval of projects. Some actual decisions of the Supreme Court show that in the last years the nature conservation law developed to a central area of conflict in the licensing procedure. The contribution under consideration reports on the legal material using three selected problem areas from the law on the protection of area and law on the protection of species. On the one hand, the Federal Administrative Court (Leipzig, Federal Republic of Germany) always upgrades the requirements. However, on the other hand the Federal Administrative Court attaches great importance to practicability. The Federal Administrative Court often points to a way, how projects can be realized with a careful nature conservation related attendance also at difficult environmental conditions.

  4. Prospective Analysis and Establishing Substantive Truth in Review of Merger Decisions in Court

    NARCIS (Netherlands)

    Gerbrandy, Anna

    2014-01-01

    In judicial review of decisions of administrative authorities courts generally aim towards grounding a judgment on substantively true facts. Such a substantive truth is usually understood as meaning ’that which happened’. But how can true facts be established if the facts have not yet occurred and w

  5. 20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

  6. Judicial system of the Russian Federation: reforming errors

    Directory of Open Access Journals (Sweden)

    Gaydidey Yu.M.

    2014-12-01

    Full Text Available The urgency of considering problems of modern Russian judicial system and judicial policy is emphasized. The author proves the necessity to study the judicial system of our country in detail. The content of judicial system is analyzed and its structural elements are described. Factors determining the structure of national judicial system are characterized. The main feature of the Russian judicial system is noted, notably: centralization (there is no independent judicial authority in regions except constitutional justice. Considering the judicial system as hierarchically structured set of courts is too simplified and is not conformable to modern justice tasks. The ways of optimizing the system of courts as well as the judicial system of the Russian Federation are proposed. Interim results of the reform in the form of abolishment of the RF Supreme Arbitration Court are negatively evaluated. Intraorganizational transformations have substituted the evolutionary development of the judicial system and the necessity to improve the justice itself. The author confirms that development of relevant draft bill was not accompanied by conducting public researches, studying statistical data, and making general conclusions, proving the efficiency of establishing an integrated supreme court. Threats and challenges to law order are ignored. Supreme courts integration has virtually established a new judicial system, though the proper legal base for it has not been developed. The viewpoints of researchers, warning against negative effects of such reform, are provided. It is concluded that the law under study does not meet present demands of the Russian judicial system.

  7. 40 CFR 179.125 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 179.125 Section 179... EVIDENTIARY PUBLIC HEARING Judicial Review § 179.125 Judicial review. (a) The Administrator's final decision... judicial review within the period ending on the 60th day after the date of the publication of the...

  8. 28 CFR 71.42 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review. 71.42 Section 71.42....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review....

  9. 17 CFR 200.64 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 200.64... AND ETHICS; AND INFORMATION AND REQUESTS Canons of Ethics § 200.64 Judicial review. The Congress has provided for review by the courts of the decisions and orders by this Commission. Members should...

  10. 12 CFR 308.541 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE... Title 31, United States Code, authorizes judicial review by an appropriate United States District Court...

  11. 29 CFR 785.7 - Judicial construction.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated...

  12. Judicial Independence Versus Public Supervision

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    At the annual Supreme People's Court conference on publicity work held in early September, Deputy Chief Justice Cao Jianming announced a few new measures to limit the media's access to several news sources, setting a future tone for releasing news of China's judicial system.

  13. The Role of Courts in Shaping Health Equity.

    Science.gov (United States)

    Hall, Mark A

    2017-10-01

    United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. Copyright © 2017 by Duke University Press.

  14. "Democratization"of judicial interpretation and the Supreme Court's political function%司法解释"民主化"和最高法院的政治功能

    Institute of Scientific and Technical Information of China (English)

    沈岿

    2008-01-01

    The new provisions on judicial interpretation work issued by the Supreme People's Court (SPC) explicitly establish two procedural institutions:"Citizen motion for project initiation of judicial interpretation"and"Seeking public comment."Under the rubric of democratization.these create "prima facie democratic legitimacy"for it to cany out the political function of developing law through judicial interpretation,and also enable it to broadly absorb information or knowledge in the course of Chinese-style judicial interpretation,especially abstract interpretation.However,the"democratization"trend gives also the impression that the SPC hews so close to public opinion that it will find itself in a quandary if it becomes necessary for it to make an independent and wise judgment.The SPC must find an appropriate balance between following behind and standing aloof from public opinion.Therefore,we should not take any flnther steps in"democratization."An acceptable strategy for the present would be for the SPC to retain abstract interpretation in a limited sphere while working on reforming the content,form and system of concrete interprcmtion and extending its Scope of application,letting the two models of judicial interlnetation coexist and compete for future development and choices.%最高人民法院发布新的关于司法解释工作的规定,明文确立了"公民动议司法解释立项"和"公开征求意见"的机制,从而在"民主化"的话语描述下,为其履行通过解释发展法律的政治功能建构了"表面上的民主合法性",也使其能够在进行中国式司法解释(尤其是抽象司法解释)过程中广泛吸纳信息或知识.然而, "民主化"动向也给人留下最高人民法院无限贴近民意的印象,由此制造了使其很难在必要时进行独立、明智判断的困境.最高人民法院进行司法解释,需要在顺应民意和距离民意之间寻找适当的平衡,为此,不应再采取任何进一步"民主化"的措施.

  15. From the Green Room to the Court Room (And Back: Judicial Clarification of Ambiguity in WTO Law and the Effects on Subsequent Negotiations

    Directory of Open Access Journals (Sweden)

    James Flett

    2011-05-01

    Full Text Available The WTO provides an opportunity to observe the recent creation, development and operation of a "hard law" adjudicative legal system, with legal subjects of greatly varying degrees of power, embedded within an intensely political environment. Between these parallel political and legal communities there are numerous points of contact. At each point of contact one finds played out (or to be played out and resolved, re-iteratively, the basic drama between power-based and rules-based approaches to disputes. An examination of the Dispute Settlement Understanding and of subsequent developments - from the particular perspective of a participant within the WTO legal system - suggests that the rules-based approach was initiated in a somewhat low profile manner. Once the process had been quietly booted-up, ambiguity and discretion embedded in the rules has been systematically crystallizing, under the influence of lawyers and adjudicators acting both in and out of the court room, so as to substantially further develop and consolidate a more complete rules-based operating system. This is something to which the Members themselves do not appear to have objected. In the long term, the fundamental driving motor for this process, which ultimately outweighs all other considerations, is a necessity recognised by all participants and their constituents – that is, legal security and predictability for firms engaged in international trade. However, the legitimacy of particular outcomes will ultimately continue to rest upon the rationality, reasonableness and openness of adjudicators and their judgments. This repetitive process of shared experience and palliative outcome is progressively binding the political and legal communities together in a shared fate. The process is proving remarkably successful, and may both serve as a model for (and have spill-over effects in other areas of international law. Ultimately, the system's continued success depends upon jealously

  16. 30 CFR 775.13 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Judicial review. 775.13 Section 775.13 Mineral... ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS § 775.13 Judicial review. (a) General. Any applicant or any... authority for administrative review under § 775.11 of this chapter fails to act within applicable...

  17. 28 CFR 17.17 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Judicial proceedings. 17.17 Section 17.17... CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or... proceeding in any manner, the assigned Department attorney shall take all steps necessary to ensure...

  18. La compétence judiciaire en matière administrative en droit libanais et en droit français

    OpenAIRE

    Irani, Carl

    2014-01-01

    In regard to the principle of separation of powers, the distribution of competences between the administrative and the ordinary courts is based on the nature of the litigations. If the matter concerns the public law, the administrative court is competent. Whereas the ordinary court would have jurisdiction whenever the litigation in question is related to a matter of private law. However, this principle is not absolute. The French and Lebanese laws admit that there are cases where the judicial...

  19. Power Sharing Courts

    Directory of Open Access Journals (Sweden)

    Stefan Graziadei

    2016-06-01

    Full Text Available In this paper, I introduce a novel concept, the one of power sharing courts. Scholars of judicial politics look at the reasons behind judicial selection and the patterns of decision making within courts through the lens of ideology (left-right. However, the resulting fertile scholarly analysis has not been extended to divided societies, where the main cleavages are not partisan but ethno-national. In these societies, the liberal model of selecting judges and taking decisions within an apex court is often corrected to specifically include politically salient ascriptive cleavages (such as ethnicity/nationality/language/religion. The main thrust of my argument is that there is a model of selecting judges, taking decisions and sharing posts of influence within apex courts in divided societies that has not yet been conceptually captured: power sharing courts. In analogy to consociationalism in the political system, power sharing in the judiciary aims to solve salient inter-community conflicts by including all relevant groups in these bodies on a basis of parity or proportionality. The paper is of equal interest to scholars of constitutional courts, consociationalists, comparatists, as well as country specialists.

  20. AILTP Conference on the Administration of Justice on Indian Reservations.

    Science.gov (United States)

    American Indian Journal, 1978

    1978-01-01

    Detailing the conference held June 14, 1978 in Washington, D. C. on the tribal judicial systems, this article focuses on two panel discussions--"Administration of Justice on Indian Reservations: Current Status and New Approaches" and "Administration of Justice from a Tribal Perspective: The Future of Tribal Courts." (RTS)

  1. 75 FR 33682 - Export Administration Regulations; Technical Amendments

    Science.gov (United States)

    2010-06-15

    ... Bureau of Industry and Security 15 CFR Part 766 RIN 0694-AE93 Export Administration Regulations... amendment to the Export Administration Regulations (EAR). Specifically, BIS deletes references concerning Federal court jurisdiction for judicial review of final decisions and orders issued in BIS export control...

  2. Judicial Humility and Self-Control in University Administrative Case%高校行政案件中的司法谦抑与自制

    Institute of Scientific and Technical Information of China (English)

    耿宝建

    2013-01-01

      要:对行政诉讼制度而言,应逐渐将包括高等学校在内的行使公共职能组织的管理行为纳入受案范围,打破此类组织自身对纠纷解决的垄断和对司法审查的排斥。而司法在高校行政案件审查时,也应当保持司法谦抑和自制,适当尊重高校自主权,减少司法干预学术的嫌疑。司法的谦抑和自制,在受案范围、受理时机、审查依据、审查强度、裁判方式等诸多方面,都应当予以体现和坚持。%For administrative litigation system, management behavior of organizations including higher learning institutions exercising public functions should be gradually incorporated into the scope of cases accepted, in order to break their dispute resolution monopoly and judicial review exclusion. While in university administrative case review, judicature should also maintain judicial humility and self-control to properly respect university autonomy and reduce suspicion of its academic intervention. Judicial humility and self-control should be reflected and adhered to in many aspects, including the scope of cases accepted, acceptance time, review basis, review intensity, judgment mode, etc.

  3. An empirical study on the administrative judicial procedure%我国行政司法运行情况的实证评估

    Institute of Scientific and Technical Information of China (English)

    樊传明

    2015-01-01

    行政司法程序对于审查行政执法行为合法性、保障行政行对人的合法权益具有重要意义。我国的行政诉讼实践能够在多大程度上实现行政司法程序的制度价值,可以通过实证评估的方法进行测量。中国司法文明指数报告项目的调研数据,反映了我国行政诉讼在及时受理起诉、符合程序公正、有效执行裁判、提供有效诉讼救济等方面的情况。通过对调研数据进行挖掘可以发现,行政司法程序的运行情况与法官形象之间存在正关联,对于这种关联可以进行多种解释。对于行政司法程序的评估,不同职业群体之间存在差异,这可以解释为视角偏差、社会信息供给负面化等原因。%Administrative judicial procedure is significantly important for reviewing the legitimacy of administrative act and protecting the legitimate interest of counterparts. It can be measured through some empirical study that, to what extent Chinese administrative judicial practice realizes these purposes. The data collected by China Justice Index Project reflects the situation of the aspects in administrative litigation such as, accepting the case timely, conforming to procedural justice, executing the verdict efifciently, and providing effective legal remedy. A further data mining suggests that, the situation of administrative judicial practice is relevant to the evaluation on judge. Specifically, breach to the administrative justice will lower the social evaluation on judge. There are many explanations for this. People of different career have distinction in their evaluation of administrative justice, which may be attributed to perspective difference or negative information-supply.

  4. Test and assessment for the Fiscal Court of the Nation Argentina

    Directory of Open Access Journals (Sweden)

    Analía Soledad Márquez

    2016-06-01

    Full Text Available In the framework of the Chair B of Financial and Tax Law we decided to analyze concerning the Test, kinds of testing, test time, offering and production and its assessment by the Tax Court of the Nation Argentina, on the basis of specialized doctrine and jurisprudence of the Administrative court with judicial functions. We will study the different moments of the test, that is to say, production and assessment regarding the types of evidence available to the parties in this instance. That is, it comes to establishing the criteria for evaluation and validation of proof in tax administrative procedural activity, and practical application.

  5. Caseload Allocation and Special Judicial Skills: Finding the 'Right Judge'?

    Directory of Open Access Journals (Sweden)

    Anne Wallace

    2012-12-01

    Full Text Available Australian courts, as with those in most common law systems, value judicial officers who are generalists. Appointment to a court indicates that the appointee is capable of dealing impartially with all types of cases that come before it. However, caseload allocation processes within courts also recognize and value different skills or expertise that may be applied to particular types of cases or to particular judicial tasks. Our research investigates ways magistrates courts in Australia (first instance courts of general criminal and civil jurisdiction manage caseload allocation processes to match magistrates' skills and abilities to specific work demands within their general jurisdictions as well as to the demands of specialist lists and courts. The research draws on interview data collected from judicial officers and court staff involved in caseload allocation in four Australian jurisdictions. This research finds that these courts place a high value on the principle that ‘everyone should be able to do everything’ and the entitlement of individual judicial officers to a caseload that is balanced and fair in relation to their colleagues. However, this preference for generalist judicial officers can create tensions in relation to the need to staff specialist lists, and to sometimes use particular skills in the general lists. Despite the presumption of competence, those allocating generalist and specialist caseload take into account different skills and expertise in the judicial workforce in the allocation decisions. Preferences of judicial officers for particular types of work can also play a role. However, the process by which assessments are made about expertise is also less than transparent in many cases, and draws largely on informal sources of knowledge. Magistrates and court users may benefit from a more clearly defined and transparent process to identify and develop skills and expertise, and allocate caseload accordingly. Such a process

  6. 44 CFR 295.43 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 295.43... Judicial review. As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in...

  7. 42 CFR 414.920 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 414.920 Section 414.920 Public... Under Part B § 414.920 Judicial review. The following areas under the CAP are not subject to administrative or judicial review: (a) The establishment of payment amounts. (b) The awarding of vendor...

  8. Mixed Blessing of Judicial Specialisation: the Devil is in the Detail

    Directory of Open Access Journals (Sweden)

    Alan Uzelac

    2014-01-01

    Full Text Available This article discusses from a critical perspective the issue of judicial specialisation. While accepting the assessment that judicial specialisation is a growing trend in a number of contemporary states, the author sets forth different perspectives and viewpoints on judicial specialisation which clearly show that the excessive enthusiasm should be subdued and that any attempt to specialise judges, court structures and procedures should be carefully balanced against the possible negative impact specialisation could have, both at the general level, and at the level of concrete gains related to administration of justice. The starting point of the analysis is the presentation of multiple forms that judicial specialisation can have. Aspects that are distinguished are judicial specialisation in narrow sense (jurisdictional specialisation and broader sense (internal, personal and procedural specialisation. Based on the data of the European Commission for the Efficiency of Justice (CEPEJ, it is concluded that there is no coherent or consistent approach to judicial and jurisdictional specialisation in Europe, both in respect to the level of specialisation, and in respect to the forms of specialisation. A discussion of the Opinion no. 15 of the Consultative Council of European Judges (CCJE shows that the viewpoint of judges and their professional organisations is also sceptical on certain aspects of specialisation, and that specialisation is considered to be potentially harmful for the unity of judicial profession and its main professional and ethical foundations. From the perspective of judicial administration, as demonstrated on the examples of international expert assistance to judiciaries of the Netherlands and Croatia, judicial specialisation is attractive, but often for wrong reasons. There is so far little comparative research on judicial specialisation, and the methodology of assessing its concrete benefits and detriments is not developed. Most

  9. Italian Microhistory, anthropology and judicial archives

    Directory of Open Access Journals (Sweden)

    Eulalia Hernández Ciro

    2016-01-01

    Full Text Available From the interceptions between the Italian microhistory and anthropology, this article aims to provide a central debate of contemporary historiography account of popular culture and subaltern classes from the intensive and exhaustive judicial proceedings. To do this, some of the impacts of anthropology will be addressed in the historical work, as the appearance and questioning notion of popular culture, the ethnographic value of court files and finally, some possibilities in the case of Judicial Historical Archive of Medellin.

  10. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...... from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial...

  11. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

    Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.

  12. Russian Model Of The Administrative Justice

    Directory of Open Access Journals (Sweden)

    Natalja I. Jaroshenko

    2014-12-01

    Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.

  13. Judicial review on abuse of power by administrative authority%对行政机关滥用职权的司法审查

    Institute of Scientific and Technical Information of China (English)

    余凌云

    2009-01-01

    通过对三个典型案件的分析,法院之所以被认为很少直接引用第54条"滥用职权"的审查标准进行判决,主要是因为有关法律规定不明确,以及实际审判中法官更倾向于使用"转换技术",同时进一步揭示法院在实质性审查上存在的问题.%Through the analysis on three typical cases, it is believed why courts rarely make judgments directly based on the review criteria of "abuse of power" pursuant to article 54 of the Administrative Litigation Law is mostly that the relevant legal provisions are not clear. Besides, in hearings, judges are more inclined to use "conversion techniques". Meanwhile, it is further revealed of the issues existing in the substantive review of courts.

  14. On Judicial and Quasi-Judicial Independence

    NARCIS (Netherlands)

    Comtois, Suzanne; de Graaf, K.J.

    2013-01-01

    'Principles of judicial and quasi-judicial independence are fundamental to all democracies and yet, the notion of independence is still elusive. What is judicial and quasi-judicial independence and why is it important? From whom and what are the judiciary and other adjudicators to be independent? Is

  15. Evaluating Judicial Performance: Editors’ Introduction

    Directory of Open Access Journals (Sweden)

    Francesco Contini

    2014-12-01

    Full Text Available The articles in this issue tackle the conceptual issues associated with defining good judging and the purposes of evaluating judges, and ask such questions as: What values are central to the judicial role? What knowledge, skills, abilities, and other qualities are important to judicial performance? What does scholarship tell us about judging and judicial performance? What are the challenges in measuring judicial performance, the extent to which existing evaluation programs can capture what it means to be a judge, and the potential for developing multi-method evaluation programs? An underlying theme is the nature and desirability of linking evaluations of individual judges with evaluations of the court system and the ways in which results from performance evaluation can be incorporated into educational and other programs designed to promote improvements in the quality of the judiciary. The papers cluster around three major themes: (i Conceptual and methodological issues; (ii Experiences of evaluating judges; and (iii Empirical research findings. Los artículos de este número abordan aspectos conceptuales asociados con el hecho de juzgar de forma correcta y los propósitos de evaluar a los jueces, y plantean preguntas como: ¿qué valores son básicos en el rol judicial? ¿Qué conocimiento, aptitudes, habilidades y otras cualidades son importantes para el rendimiento judicial? ¿Qué nos dice el mundo académico sobre el hecho de juzgar y el rendimiento judicial? ¿Cuáles son los retos en la medición del rendimiento judicial, hasta qué punto los programas de evaluación existentes pueden capturar lo que significa ser un juez, y el potencial para desarrollar programas de evaluación multidisciplinares? Un tema subyacente es la naturaleza y la deseabilidad de unir evaluaciones de jueces individuales con evaluaciones del sistema judicial, y las formas en las que los resultados del rendimiento judicial se pueden incorporar en programas educativos

  16. THE ADMINISTRATIVE SYSTEM IN FRANCE

    Directory of Open Access Journals (Sweden)

    DOINA POPESCU

    2012-05-01

    Full Text Available According to the Constitution promulgated on the 6th of October 1958, with the latest amendments made in 1999, France is a presidential republic. The three authority branches are broadly represented in the French administration: the judicial branch – French courts of law are divided into: judicial courts and administrative courts. Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays a central role in the appropriate performance of the activity. The legislative body - normally, the legislation is voted by Parliament. French Parliament is comprised of two chambers: the National Assembly and the Senate. The National Assembly is elected for five years by way of direct universal voting. The Senate is elected by way of indirect universal voting by the electoral group. The election system is based on rules contained in the Election Code. The executive authority is divided between the President of the Republic and the Prime Minister. The President of the Republic makes the appointments for civil and military positions located at the highest state level. The Council of Ministers is responsible for appointing the positions of state councillors, prefect and public administration director. The central government is headed by the Prime Minister. Regional authorities – the regions are free territories administered by elected Councils. As far as the metropolitan part of France is concerned, there are 22 such territories, to which are added other four districts / counties which are located out of borders. The region’s Prefect represents the state and is empowered to deploy legal actions in order to protect the state’s best interest. County authorities – there are currently 96 de districts, to which four other territories located out of borders are added, as well as the territorial communities of Mayoutte and St-Pierre et Miquelon. There are

  17. The Obligation of the National Administrative Organs to Reexamine their own Decisions in the Context of the Recent Jurisprudence of the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Gina Livioara GOGA

    2010-11-01

    Full Text Available At the European Union’s level, the primary law does not include express regulations regarding the revocation or the reexamination of the administrative acts. The possibility to revoke or retreat an EU act, adopted based on its competencies, granted in breaching the law, represents a matter regarding which the Court of Justice manifests a tendency to change practice in the past years.

  18. The Political Context of Judicial Review in Indonesia

    Directory of Open Access Journals (Sweden)

    Fritz Edward Siregar

    2015-08-01

    Full Text Available Indonesia Constitutional Court will celebrate 12th birthday this August 2015, and it cannot be denied that the Court play significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continue to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution and continue to do so. The first Chief Justice Jimly showed how within five years of the Court’s creation, he could strategically maximise its momentum and build up the Court as a respectful institution. The Chief Justice Mahfud MD was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud MD brought the Court to a level far beyond the imagination of the Constitution drafters. Parliament and President tried to limit Court’s authority, not ones, and the Court able to overcome those constrain. Current various available studies observed only how the Court issued their decision and solely focus to the impact of the decision. Scholars slightly ignore that study about the Court, by reducing other constitutional actor in Indonesia, produce study about the Court itself isn’t complete. In fact, political environment in which the Court operated at that time is one of utmost importance the strengthen of the Court institutional legitimacy. This paper is trying to discover the rise of the Indonesia Constitutional Court, not from what the Court did, but from political environment outside the court. Political parties realize that the Court is the only institution that act as political dispute resolution among them. Political parties maturity and political constraint are the key factor that support the development of the Court’s institutional power.

  19. Judicialização da questão social: rebatimentos nos processos de trabalho dos assistentes sociais no Poder Judiciário Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch

    Directory of Open Access Journals (Sweden)

    Beatriz Gershenson Aguinsky

    2006-06-01

    Full Text Available Embora sejam inegáveis as conquistas civilizatórias dos direitos humanos, seu reconhecimento e sua operacionalização têm demandado, além de lutas históricas, de modo cada vez mais intenso, a interpelação do Poder Judiciário. O fenômeno da judicialização da questão social ocorre em uma superposição de responsabilidades do Judiciário às demais instâncias da esfera pública. Esta forma de acesso à justiça se dá, via de regra, de forma individual e por um segmento seletivo de sujeitos - os que conhecem ou conseguem acessar este canal jurídico. Mas a efetivação dos direitos dependerá de outros fatores que não somente o seu reconhecimento, como a capacidade de atendimento e de financiamento à demanda apresentada. Diante deste quadro, discute-se este processo de efetivação de direitos que, ao privilegiar cada vez mais a via judicial, rebate no descomprometimento do Estado com o enfrentamento da questão social e na despolitização da esfera pública. Esta conjuntura adversa desafia os assistentes sociais a fazerem sentido ético-político em suas respostas profissionais às demandas de judicialização da questão social que se apresentam cotidianamente ao Poder Judiciário.Although the civilizing conquests of human rights are undeniable, their recognition and enactment have required, in addition to increasingly intense historic struggles, the involvement of the Judicial Branch. The judicial treatment of social issues overlaps the responsibilities of the Judiciary with other public institutions. Access to justice takes place, as a rule, individually and by a select group of subjects - those who know how to access this legal channel. But the effective enactment of rights depends on other factors that include not only its recognition, but the capacity to attend to and finance the demand presented. Given this situation, this paper discusses the process of the effective enactment of rights, which by increasingly emphasizing

  20. Classification of judicial investigation situations and its importance for criminalistic tactics

    Directory of Open Access Journals (Sweden)

    Voronin S.E.

    2014-12-01

    Full Text Available The problems of defining the criteria for determining judicial investigation situations are studied. Situations occurring during the prejudicial inquiry and legal proceedings have same epistemological nature, which allows to successfully apply the existing classification base to systematize and order the situations of judicial investigation. The author distinguishes the judicial problem-searching situations, occurring in the courts of original jurisdiction, of appellate jurisdiction, of review and of reviewing authority, differing in the character of problem raised and solved by the court. The typical situation in the courts of original jurisdiction is collecting evidence sufficient for making judicial decision. The typical situation in the courts of appellate jurisdiction, of review and of reviewing authority is validating decisions made by the court of original jurisdiction. The difference in the line of development of typical judicial investigation situations and search and cognitive activity’s character is shown. The author distinguishes typical problem-searching judicial situations, occurring in the court of original jurisdiction, connected with: 1 saving the evidence seized during prejudicial inquiry; 2 filling the gaps in prejudicial inquiry materials; 3 providing judicial assessment of evidence; 4 making judicial decision. The court of original jurisdiction adjudicates in a case, courts of appellate jurisdiction, of review and of reviewing authority review the judicial decision (their revision activity is provided with search and cognitive means to a lesser extent. The most widespread problem-searching judicial situations in the court of appellate jurisdiction are distinguished. The information uncertainty in mentioned situations cannot be overcome by cognitive means of such courts.

  1. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  2. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. the judges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  3. Should I go to court?: an assessment of the role of the Judiciary in disputes between cattle raisers and meatpackers in Brazil ¿Debo ir a la corte?: el papel del poder judicial en los conflictos entre ganaderos y la industria frigorífica en Brasil Devo ir ao tribunal?: o papel do Judiciário nas disputas entre pecuaristas e a indústria frigorífica no Brasil

    Directory of Open Access Journals (Sweden)

    Silvia Morales de Queiroz Caleman

    2013-06-01

    Full Text Available The main objective of this perspective paper is to analyze the role of the judiciary in resolving conflicts between cattle raisers and meatpacking firms in Brazil. Looking at the transaction for the acquisition of cattle for slaughter in the state of Mato Grosso do Sul (the central-western region of Brazil, the analysis encompasses three steps. First, the authors describe the transaction pattern between cattle raisers and meatpacking firms, identifying a guarantee vacuum within the supply chain. Secondly, the authors present evidence that the guarantee vacuum may give rise to legal conflicts of non-payment, which are indeed prevalent in disputes that reach the courts. Finally, the role of the judiciary in resolving these conflicts is investigated. Results suggest that, on average, producers have little confidence in the legal system, indicating the potential function that informal mechanisms may play in the supply chain. The paper concludes by suggesting some implications for public and private strategies.El principal objetivo en este estudio es examinar el papel del poder judicial en la resolución de conflictos entre ganaderos y la industria frigorífica en Brasil. Para ello, se investiga la compra de ganado para matadero en el estado de Mato Grosso do Sul (centro oeste de Brasil en tres etapas. Inicialmente, se describe el patrón de las transacciones entre los ganaderos y la industria frigorífica, lo que permite identificar un vacío de garantías a lo largo de la cadena de suministro. A continuación, se presentan evidencias de que dicho vacío de garantías puede dar lugar a conflictos legales relativos a falta de pago, lo que es, efectivamente, el tema predominante en el poder judicial. Finalmente, se investiga el papel del poder judicial en la resolución de dichos conflictos. Los resultados sugieren que los productores tienen, en general, poca confianza en el sistema legal, lo que indica un posible papel que mecanismos informales

  4. Assessing the Courts in Russia: Parameters of Progress under Putin

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

    Full Text Available The Soviet legacy included courts that were dependent and weak, and whose reform had only just begun. The Yeltsin era witnessed considerable progress in making judges more independent and powerful, but the efforts were seriously constrained by budgetary shortcomings and paralysis in the legislative approval of needed procedural changes. As we shall see, the Putin administration overcame both of these obstacles and at the same time began addressing the thorny question of how to make courts and judges accountable without undue harm to their independence. It also started to address the scepticism about the courts among a significant part of the public, through efforts to improve media coverage, make information about courts more available, and make courts user friendly. While praiseworthy and bound to improve the reality and the perception of the administration of justice overall, these initiatives did not end attempts to exert influence on judges and case outcomes by powerful people (in the public and private sectors or the mechanisms that facilitated their efforts. This essay begins by identifying criteria for assessing the quality of the administration of justice in any country, including in the post-soviet world and suggesting specific markers (usually qualitative connected to each of the criteria developed above. Then, the essay provides an account of relevant policy initiatives in judicial reform undertaken first under Yeltsin and then in the Putin years. The essay goes to provide an assessment of the state of the courts in the Russian federation in 2007 in the light of the criteria and markers supplied in the first section. It concludes with a look to the future, and the identification of crucial markers of change for the post-Putin era.

  5. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

  6. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

  7. 法院诉讼调解权的运行逻辑与司法政策的制度供给--以秩序诉求为视角%The Operational Logic of Lawsuit Mediation Power in the Courts and the Institutional Supply of Judicial Policy---In the Perspective of Order Appeal

    Institute of Scientific and Technical Information of China (English)

    梁平; 陈焘

    2014-01-01

    Lawsuit mediation power is a judicial power of the court s, the order is one of the important values of the law. The ultimate purpose of law applying to society is to maintain a harmonious and stable social order. The force of maintaining order is different in different periods. In market economy conditions, it is the social foundation of lawsuit mediation that the society carries forward the freedom of contract spirit and the public reject powers. But under the logic of “politics-justice”, the justice undertakes some political pressures at present, the courts and judges pursue lawsuit mediation rate blindly for Political performance, it makes the dissimilation of lawsuit mediation in practice. At the institution perspective, the judicial policy is institutional exit that the courts keep up with the political trend, and it is the main system for stipulating the lawsuit mediation, the result is that the judicial policy kidnaps civil procedural law in fact and it controls the whole civil litigation.%诉讼调解权是法院的一项司法权力,秩序是法的重要价值之一,法作用于社会,其最终目的在于维系和谐而稳定的社会秩序。不同时期,秩序的维系力量是不同的,市场经济条件下,契约自由精神的弘扬与民众对权力的排斥,是诉讼调解存在的社会基础。但当前,在“政治---司法”逻辑下,司法承担着“维稳”的政治压力,法院及法官为了“政治业绩”而盲目追求调解率,导致诉讼调解的异化。制度层面,司法政策是法院顺应政治潮流的制度“出口”,是规范诉讼调解的主要渊源,这将造成司法政策事实上“绑架”了民事诉讼法,并“左右”着整个民事诉讼。

  8. On Cadre Education and Training Serving Grass Roots Judicial Administrative Staff%干部教育培训工作如何服务基层司法行政队伍建设

    Institute of Scientific and Technical Information of China (English)

    胡爱国; 陈永红

    2014-01-01

    Judicial colleges shoulder the historic mission to provide cadre education and training service for the team building of grass roots judicial administration, because judicial colleges possess both the software and hardware advantages and talents. Their responsibilities lie in rooting in judicial administration, serving grass roots, meeting the demand of the society, and making innovations on operating mechanism, training methods and self perfection. To make the education and training work more targeted and practical, we are to improve the management level and service capabilities to give full play to the role of cadre education and training in serving the team building of grass roots judicial administration.%干部教育培训工作服务基层司法行政队伍建设,是干部教育培训机构,特别是集软硬件建设和人才资源优势于一体的司法类高等院校所应肩负的历史使命,其有责任在干部教育培训工作上立足司法行政、面向基层一线、服务社会需求,并在运行机制、培训方式、自身建设方面开拓创新,强化培训工作的针对性和实用性,不断提升干部教育培训工作的管理水平和服务能力,充分发挥干部教育培训工作在基层司法行政队伍建设中的重要作用。

  9. 28 CFR 0.49 - International judicial assistance.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International judicial assistance. 0.49 Section 0.49 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Civil... authorities which are referred to the Department of Justice through diplomatic or other governmental...

  10. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; BYTYQI, Vilard; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  11. 实体判决要件与行诉受案范围规定之反思--从相关司法解释说开去%Substantive judge conditions and reflections on the judicial interpretations of the scope of accepting cases of administrative litigation

    Institute of Scientific and Technical Information of China (English)

    黄先雄

    2013-01-01

    Since the year of 2000, the Supreme People's Court has formulated a number of terms on the scope of accepting cases of administrative litigation which should not be formulated within the scope in its judicial interpretations. These terms don’t distinguish between the scope of accepting cases and other conditions for admissibility as well as trial on merits, thus increasing the difficulty to place cases on file for trial. We should learn from the institution of substantive judge conditions which is adopted in German, Japan and Taiwan. First, we should remove those inappropriate negative lists and simplify the terms on the scope of accepting cases of administrative litigation;Second, we should lower the suit’s “threshold” and weaken its function, and divide the boundary between judicial power and administrative power;Finally, we should increase an investigating procedure on substantive judge conditions or litigation interests narrowly defined so as to prevent the abuse of judicial resources.%  2000年以来最高人民法院的司法解释中把一些不属于受案范围的问题作为受案范围予以规定,混淆了受案范围与其他受理条件乃至本案审理内容的区别,使“受案范围”承受了不能承受之重,加剧了行政诉讼立案难。今后在修改《行政诉讼法》和制定相关司法解释的过程中,应借鉴域外实体判决要件制度的经验,厘清受案范围的范畴,删除不恰当的否定性列举,简化受案范围条款;降低起诉“门槛”,弱化受案范围条款的权力界限划分功能;增设“一般权利保护必要”或“狭义诉讼利益”审查环节,以防止司法资源被滥用。

  12. RESTRICTION OF RIGHTS OF NON-GOVERNMENTAL ORGANIZATIONS IN RUSSIA AS A SUBJECT OF JUDICIAL CONTROL

    Directory of Open Access Journals (Sweden)

    P. Vinogradova

    2016-01-01

    Full Text Available This article examines the issue of the regulation of the Russian state’s control over the activities of non-governmental organizations and the limits to that control. Important changes made in 2014–2016 in the regulation of the organization and activity of judicial power show that the tasks of transformation of the judicial power structure, establishment of effective control mechanisms and strengthening of the requirements on substantiation of court judgments have become more topical. Addressing this issue and taking it as the subject of study are motivated by the small number of works dealing with this issue. The task of enhancing the effectiveness of the exercise of their powers by public authorities necessitates consideration of special features of judicial control over disputes related to restriction of rights. The adoption of the Administrative Procedure Code of the Russian Federation and the statutory formalization of special features of judicial control with respect to certain non-commercial organizations imply changes in judicial practice related to challenging the decisions made by public authorities. In addition to special procedural features such changes also facilitate the spread in law enforcement practice of legal arrangements like the ‘proportionality test’ and determining the balance between competing constitutional values and conditions of public order observance. The analysis carried out by the author reveals tendencies of improvement in legislative action and allows identification of future lines of improvement in judicial practice.

  13. Arbitration and Judicialization

    Directory of Open Access Journals (Sweden)

    Alec Stone Sweet

    2011-12-01

    Full Text Available The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent” framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina’s response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.

  14. 13 CFR 117.18 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Judicial review. 117.18 Section 117.18 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION NONDISCRIMINATION IN FEDERALLY....18 Judicial review. (a) The complainant may file a civil action following the exhaustion...

  15. 6 CFR 7.13 - Judicial proceedings.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial proceedings. 7.13 Section 7.13 Domestic... Administration § 7.13 Judicial proceedings. (a) Any DHS official or organization receiving an order or subpoena... proceeding in any manner, the DHS General Counsel attorney, in conjunction with the Department of...

  16. THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

    Directory of Open Access Journals (Sweden)

    R.J. Sánchez

    2016-01-01

    Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.

  17. A Speech Act Analysis of Judicial Decisions

    OpenAIRE

    BERNAL, Carlos L.

    2007-01-01

    According to the theory of speech acts, speech is a kind of action. He, who says something, does something. Certainly, when a judge or a court makes a decision, he or it says something. He performs some (locutionary) acts like uttering or writing some sentences. However, there is something further he does, namely, by uttering or writing some sentences in the appropriate context, he makes a judicial decision. In a judicial decision the judge says something about the law, the facts of the case,...

  18. 行政诉讼法修改视角下的抽象行政行为司法审查%Research on the Judicial Review of Abstract Administrative Act

    Institute of Scientific and Technical Information of China (English)

    王娟

    2016-01-01

    此前抽象行政行为司法审查缺位,造成一些规范性文件越权错位侵犯公民、法人或者其他组织的合法权益,是各界公认应该着力解决的问题,本次《行政诉讼法》的修改力度较大,并确立了对于规范性文件的附带性审查制度。对此应立足于抽象行政行为的司法审查理论以及对修改后抽象行政行为司法审查的制度建构、法律适用的分析论证,着力从司法审查对象、范围的界定、原告资格、审查方式、审查标准、审查效力等方面构建,以此推动修法后抽象行政行为司法审查的实际运行。%Prior to the absence of judicial review of abstract administrative acts, resulting in a number of normative documents override dislocation violations of civil, legal persons or other organizations of the legitimate rights and interests, is widely acknowledged we should make efforts to solve the problem, the larger this Administrative Procedure Law modify the intensity, and it establishes the regulatory documents incidental censorship.This should be based on the theory of judicial review of administrative action in the abstract and the modified system of abstract administrative act judicial review of the construction, the applicable legal analysis and demonstration efforts from the definition of the object of judicial review, the scope of plaintiff qualification review mode, the standard of review, review the effectiveness of this and other aspects of constructing the actual operation after amending the law to promote the abstract administrative act judicial review.

  19. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...... rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  20. 海事管理机构司法协助若干法律问题探讨%Discussion on several legal problems about the judicial assistance of maritime administrative organs

    Institute of Scientific and Technical Information of China (English)

    杨文杰

    2016-01-01

    The paper analyzes the common legal issues in the judicial assistance by the maritime administration and provides relevant suggestions, aiming at further regulating the procedures of assistance, preventing risks in performing duties, and safeguarding the legitimate rights and interests of administrative counterparts.%文中针对海事司法协助中常见法律问题进行分析并提出应对建议,以进一步规范协助程序,防范履职风险、维护行政相对人合法权益。

  1. POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Kartono Kartono

    2011-03-01

    Full Text Available Although Indonesia judicial review system is not opens the possibility of regulations review under the act against the constitution, das sollen pracitically these conditions may still occur. From political of law the legal authority of constitutional court should be able to put the interests of citizens rights that are based on the principles of recognition, guarantees, protection and legal certainty of a fair and equal treatment before the law. Given that changes in the constitution can not be done easily, then the judicial review in UUD 1945 should not be formulated too limitedly that restricting the organic law to complete and explore the authority that is adaptable to any concrete problem. Keywords: politics of law, constitutional court, UUD 1945, limitedly.

  2. 75 FR 20812 - Silicon Metal from Brazil: Amended Final Results of Administrative Review Pursuant to Court Decision

    Science.gov (United States)

    2010-04-21

    ... International Trade Administration Silicon Metal from Brazil: Amended Final Results of Administrative Review... Commerce (``the Department'') regarding the administrative review of the antidumping duty order on Silicon Metal from Brazil for the period of review beginning July 1, 1996, through June 30, 1997. See...

  3. 行政诉讼司法变更权的新发展——兼评《行政诉讼法》第77条之规定%The New Development of Judicial Change Right in Administrative Litigation and the Review of Article 77 in Administrative Procedural Law

    Institute of Scientific and Technical Information of China (English)

    程丹丹

    2015-01-01

    行政权、司法权作为国家公权力的重要组成部分,合理的权力划分是发挥权力功效的基础性保障.司法变更权,作为具有行政执法功能的司法权力,是保证行政对司法信任和司法对行政尊重的一项重要权能.新行政诉讼法在坚持贯彻有限扩展司法变更权限的理念下,对其立法体例、适用维度、认定标准和权利保护等作出了进一步的完善,体现出法治的进步.但是在具体施行中,对于明显不当、选择适用、判决效力等问题,则有待更为深入的思考、分析.%As the important component of national public power,the reasonable partition of executive power and judicial power is the basic guarantee of playing the power effect. And judicial change right,as the judicial power,which has the function of administrative enforcement is the guarantee that administration trusts judicial right and judicial right respects administration.Under the concept of limited expansion of judicial change right,the legislative style,suitable dimension, standards and rights protection in the new administrative procedure law have been improved,which embodies the progress of the law. But in the concrete implementation,some problems,such as,obvious inappropriateness,selective application and judgement validity need more thinking and analysis.

  4. On Criminal Judicialization of the Administrative Evidence%行政证据刑事司法化--兼论《刑事诉讼法》第52条的理解与适用

    Institute of Scientific and Technical Information of China (English)

    张慧

    2014-01-01

    The 2012 criminal procedure law determines that the administrative evidence can be used as evidence in criminal lawsuit, negating the traditional evidence conversion in theory. The criminal judicialization of the administrative evidence arose. To the evidence conversion, the criminal judicialization of the administrative evidence is more consistent with the legislative intention, manifests the systematization of criminal law, respects and guarantees human rights and the value of lawsuit efficiency and plays a guiding role to improve the lawmaking. The effective connection of the administrative evidence and the criminal evidence cannot separate the judiciary and the justice, that’s to say, we must understand well the importance of the administrative evidence in the process of the criminal judicial procedure and its key role, build up ideas to respect and safeguard human rights.%2012《刑事诉讼法》对行政证据在刑事诉讼中作为证据使用予以认可,从理论维度对传统的证据转换说予以否定,行政证据刑事司法化应运而生。较证据转换说而言,行政证据刑事司法化更符合立法原意,体现刑事法律的体系化,遵循尊重和保障人权以及诉讼效率的价值,对立法完善起着导向作用。有效衔接行政证据与刑事证据,离不开司法人员合法、正当司法:明确行政证据在刑事司法程序中的重要性以及所扮演的关键角色,树立尊重和保障人权的理念。

  5. Judicial considerations with regard to civil liability.

    Science.gov (United States)

    Pittelli, S D; Muñoz, D R

    2007-03-01

    This paper addresses the relationship between the doctrinaire position of a judge in terms of the civil liability objective and subjective theories and the results of their decisions in terms of "acquittal/against judgments". A system of classification of matter of fact results is proposed and the influence on the result of the decision of each category is also tested. The material consists of 71 records of judicial procedures from São Paulo State Court of Justice.

  6. National courts and the international rule of law

    NARCIS (Netherlands)

    A. Nollkaemper

    2011-01-01

    This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book is on judicial control of exercise of public powers by states.

  7. Shaking Hands and Kissing Babies: The Intersectionality of Ethnicity, Class, and Gender, and Latina Women's Decisions to Run for Judicial Office

    Science.gov (United States)

    Navarro, Sharon A.

    2010-01-01

    Women often enter judiciary positions through the trial courts, particularly county courts, because they see these courts as a stepping-stone to higher judicial office. As the eligibility pool of experienced female Hispanic lawyers expands, Hispanic women are increasingly taking seats on trial court benches. What political and demographic shifts…

  8. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    Italy is among the countries with the highest litigation rate and those with the highest duration of trials. This article shows that judge turnover contributes negatively to delays in Italian courts and outlines possible policies for improvement. In Italy, judges can voluntarily move from one...... office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...

  9. Court Remands as a Percentage of New Court Cases Filed

    Data.gov (United States)

    Social Security Administration — Longitudinal report detailing the numbers and percentages of court remand actions received during each Fiscal Year 2010 - onward as compared to the total number of...

  10. Brandeis Lawsuit Puts Campus Courts in the Dock.

    Science.gov (United States)

    Gose, Ben

    2000-01-01

    Analyzes the case of a Brandeis University student found guilty of "unwanted sexual activity" by a university judicial panel. The student sued Brandeis, and the Massachusets Appeals Court ruled against Brandeis despite the court's customary deference to the decision making of private institutions. Ten other colleges are supporting…

  11. 论社会冲突型行政争议的实质性审判程序%On Substantial Judicial Procedure of Administrative Dispute Resulting From Social Conlfict

    Institute of Scientific and Technical Information of China (English)

    高家伟

    2013-01-01

    Aiming at the judicial policy orientation of the substantial resolution of the administrative dispute, the article tries to integrate the group litigation procedure and the conciliation system to design a set of litigation and reconciliation procedure mechanism specially for the administrative dispute resulting from social conlficts. These disputes own the characteristics of comprehensive openness subject, polybasic interweaving interest relationship, complexity of reason structures. To substantially solve this kind of disputes, the reviewing content of the litigated administrative behavior legitimacy should be expanded gradually from pure legitimacy norms to the rationality of the governmental inner system, the justification of governmental public policy, and the balance of social structure, etc. Therefore, it is necessary to design a specific group litigation and reconciliation procedure aiming at administrative disputes resulting from social conlficts based on principles of judicial activism, procedural corporatism and judicial finalism. The article puts forward suggestions of formulating relevant judicial interpretations as soon as possible in the end.%社会冲突型行政争议具有主体范围的广泛开放性、利益关系的多元交织性、原因结构的错综复杂性等特征。为了实质性地解决此类争议,需要将对被诉行政行为合法性的审查内容从单纯的规范合法性审查逐步扩展到对政府内部体制的合理性、政府公共政策的正当性、社会结构的均衡性等层面的审查。为此,有必要本着司法能动主义、程序合作主义和司法最终主义三个原则,设计一个专门针对社会冲突型行政争议的集团诉讼调解程序。

  12. 32 CFR 719.115 - Release of information pertaining to accused persons; spectators at judicial sessions.

    Science.gov (United States)

    2010-07-01

    ... (Continued) DEPARTMENT OF THE NAVY PERSONNEL REGULATIONS SUPPLEMENTING THE MANUAL FOR COURTS-MARTIAL Trial... in open session. (viii) The scheduling of any stage in the judicial process. (ix) The denial by...

  13. Administrative bias in South Africa

    Directory of Open Access Journals (Sweden)

    E S Nwauche

    2005-01-01

    Full Text Available This article reviews the interpretation of section 6(2(aii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2 which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curative mechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1 of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route of judicial review.

  14. 内部行政行为纳入行政诉讼受案范围之法要素分析--最高人民法院公布的第22号指导案例评析%On the Legal Factor of Incorporating Internal Administrative Act into Acceptance Range of Administrative Procedure:The Analysis of the 22nd Guiding Case Published by Supreme People's Court

    Institute of Scientific and Technical Information of China (English)

    褚丽; 彭凤莲

    2015-01-01

    Except for the personnel management that has been clearly excluded from the acceptance range of administrative procedure, Chinese legal system doesn't define the extent of application of incorporating internal administrative act into acceptance range of administrative procedure. The 22nd guiding case published by supreme people's court has given an opinion about this issue. Supreme people's court doesn't clearly define the foundation, such as "externalization of internal act", "exercise of administrative power", "practical effect of rights and obligations", of incorporating internal administrative act into acceptance range of administrative procedure. The options are also widely divided in theoretical circles. As a systematic arrangement which embodies the judicial righteousness and judicial activeness, the foundation elements and logic relationship of incorporating internal administrative act into acceptance range of administrative procedure, should be made more clear and practical. It is“practical effect of rights and obligations“but not "externalization of internal act" and "exercise of administrative power", which constitutes the necessary element of incorporating internal administrative act into acceptance range of administrative procedure.%除了具有人事性质的内部行政行为被立法明确排除在行政受案范围之外,其他内部行政行为是否属于行政诉讼受案范围,我国法律并未明确表达。最高人民法院公布的第22号指导案例表明其对该问题的基本态度。然而最高人民法院对于裁判内部行政行为可诉性的根本依据,如,“外化实施”、“行政职权行使”、“权利义务实际影响”等没有进行明确释明,理论界亦说法不一。作为一项体现司法公正与司法能动的制度实践安排,内部行政行为纳入行政诉讼受案范围之判定,要走向成熟,需要明晰提炼其应具备的构成要素,明晰在司法实践中的逻

  15. Introduction. National Courts vis-à-vis EU Law

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

    National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...... in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments....

  16. The Courts and Student Rights -- Procedural Matters.

    Science.gov (United States)

    Phay, Robert E.

    This paper traces the evolution of student rights and the judicial protection of these rights through numerous court cases. The author outlines the minimum standards of due process required in disciplinary proceedings and discusses cases that point up (1) the required specificity of rules on student conduct, (2) the requirements of notice to…

  17. Domestic violence and dependency courts: the Greenbook demonstration experience.

    Science.gov (United States)

    Malik, Neena M; Silverman, Jerry; Wang, Kathleen; Janczewski, Colleen

    2008-07-01

    This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the Greenbook initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court, where child maltreatment cases are heard, specifically court participation in collaborative activities and court practice improvements. Findings indicate that perceptions of judicial leadership varied considerably by site. Cross-training appeared to increase over time, particularly with court staff. Collaborative efforts emerged across the Greenbook initiative with regard to the courts, and some innovative practices appeared within Greenbook sites, such as separate case plans for perpetrators and victims of violence in families, reducing the likelihood of controversial failure to protect charges. Results also highlight challenges inherent in changing court practices. Research and practice implications are discussed, focusing on relevance to other communities attempting to work collaboratively with the court system.

  18. The Supreme Court upholds parental notice requirements.

    Science.gov (United States)

    1990-01-01

    On June 25, 1990 the US Supreme Court ruled in 2 cases concerned with the constitutionally of 2 state law that required parental notification of minors seeking an abortion. In Hodgson v Minnesota the Court ruled that states may not require 2 parent notification. They can however require that both biological parents be notified if a judicial bypass is provided for minors wishing to keep the matter private. In Ohio v. Akron Center for Reproductive Health the Court upheld a 1 parent notification law which included a judicial bypass clause. The Court however did refuse to decide whether the state must provide the bypass option it is mandates 1 parent notification. In the Hodgson case the courts opinion stated that the state did not have the right to require that family members talk to each other. Also the Court upheld that states may require a 48-hour waiting period between notification and the procedure to give parents time to provide medical records and to check the doctor's competency. In Ohio the court ruled that states do not have to guarantee absolute anonymity of the minor as long as they make a reasonable effort to keep her name from beginning public. The Court also ruled that states can require a minor to provide "clear and compelling" evidence, the most difficult legal standard of proof, when she is petitioning the court that she is sufficiently mature to consent to the procedure or that parental notification is not in her best interest. Also, the Court ruled that the state may require doctors to notify the parents personally concerning the procedure.

  19. On the Judicial Review of the Prison Administration in China%论我国监狱管理行为的司法审查

    Institute of Scientific and Technical Information of China (English)

    周丽

    2015-01-01

    Penetration of the theory of special power relationship and the misunderstanding of the nature of the behavior of prison management result in the long term isolation of prison management from the scope of judicial review, leading to the prisoners' rights and interests failing to be safeguard. Prison management behavior being brought into the judicial review is of great significance. Based on the special status of prisoners, only daily and important issues can be sued if they cannot receive any internal relief.%特别权力关系理论的渗透以及对监狱管理行为性质认识的误区,导致监狱管理行为长期游离于司法审查范围之外,导致服刑人员权益得不到切实维护。将监狱管理行为纳入司法审查具有重要意义,但基于服刑人员的特殊地位,只有日常的、涉及到“重要事项”的监狱管理行为,且在服刑人员穷尽内部救济的情况下才能提起诉讼。

  20. Study on Mediations of Administrative Regulation on Judicial Expertise from a Criminal Case%从一起鉴定案件看司法鉴定管理中的调解

    Institute of Scientific and Technical Information of China (English)

    李刚

    2012-01-01

    By an accident injury identification case can be seen, auxiliary mediation can be usecl m tlae judicial identification management to dissolve contradiction and reduce the cost of justice. The administration of judicial authentication in the mediation should have 3 conditions: firstly , the parties have the intention to mediate, secondly, seize the opportunity; thirdly, do with ideological work patiently and meticulously. Judi- cial expertise administration departments of identification results more obvious cases, however unable to obtain the identification results of 5 cases for mediation.%由一起交通事故提出的伤情鉴定案件可看出,司法鉴定管理工作中可进行“辅助调解”,化解矛盾、减少司法成本。司法鉴定管理中的调解要具备3个条件:当事人有调解意愿、抓住时机和耐心细致做思想工作。司法鉴定管理部门可对鉴定结果较明显的案件、初查无法得出鉴定结果等5类案件进行调解。

  1. A particular articulation of judicial activism of the CJEU in its approach towards international law

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial act...

  2. A New Research on the Judicial Relief System of Administrative Adjudication ——Consideration of Civil Incidental Administrative Litigation%行政裁决诉讼救济制度新探——关于构建民事附带行政诉讼的思考

    Institute of Scientific and Technical Information of China (English)

    尹少成; 孙峰

    2012-01-01

    Administrative adjudication,as an important mean in the chain of relief,needs relief for itself as well,especially the security of judicial relief.The judicial relief of administrative adjudication has experienced civil procedure,judicial review and civil incidental administrative litigation in our country,but there are still insuperable barriers on different paths.Learning from Japan's litigant to take a legal action,also exists obstacle in theory and conception.Therefore,in order to develop administrative adjudication,it is necessary to establish a new type of judicial relief path,namely,civil incidental administrative litigation.%行政裁决作为救济链条上的一个环节,本身也需要救济,特别是诉讼救济的保障。我国关于行政裁决诉讼救济经历了民事诉讼、行政诉讼、行政附带民事诉讼三条不同的诉讼路径,但不同路径仍然存在难以逾越的障碍。借鉴日本当事人诉讼的思路,也存在理论上和观念上的障碍。因而,从有利于行政裁决制度发展的角度出发,有必要建立一种新型的诉讼救济路径,即民事附带行政诉讼。

  3. 26 CFR 301.6363-4 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Judicial review. 301.6363-4 Section 301.6363-4... review. (a) General rule. If the Secretary or his delegate determines pursuant to paragraph (c) of § 301... a petition for the review of such determination with either the United States Court of Appeals...

  4. 英国知识产权审判体系%The Judicial System for Intellectual Property Disputes in the UK

    Institute of Scientific and Technical Information of China (English)

    黄晓稣; 陈静怡

    2015-01-01

    Over the last few decades, the United Kingdom (UK) successfully established specialized courts on intellectual property (IP) related matters. With several judicial reforms, the court system for IP disputes was increasingly improved and become comparatively advanced. Patents Court and Intellectual Property Enterprise Court are two of the representative IP courts which are part of the Chancery Division of the High Court, with jurisdiction over the first-instance civil and administrative litigation regarding all forms of IP. In addition, the Uniifed Patent Court, Appointed Person, Copyright Tribunal, Alternative Dispute Resolution is also crucial parts of the UK’s Judicial system for IP disputes. In 2014, China establishes three new dedicated IP courts in Beijing, Shanghai and Guangzhou. Following this signiifcant legal reform on China’s judicial system for IP litigation, analyzing the evolution and successful experience in the UK has practical significance for the development of China’s IP courts.%英国是较早便开始对知识产权案件进行专业化审判的国家,发展至今,历经多次改革,已然是现今世界上知识产权审判体系较成熟的国家。其中,设置在高等法院大法官庭下的专利法庭和知识产权企业法庭是英国极具代表性的两个具有全国管辖权的知识产权法庭,负责审理大部分知识产权民事、行政的初审案件。此外,尚在筹建中的欧洲统一专利法院、“被指定人”、著作权审裁处以及替代解决纠纷机制,也都是英国知识产权审判体系的重要组成部分。2014年,我国在北京、上海、广州设立了知识产权法院,在这样一个改革试点的契机下,分析和借鉴英国知识产权审判体系的发展轨迹和成功经验对我国知识产权法院的建设具有现实意义。

  5. Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts and of the legislation that governs these contracts in the Brazilian Federal Public administration

    Directory of Open Access Journals (Sweden)

    Graziela Ferreira Guarda

    2015-09-01

    Full Text Available Information technology (IT outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interesting opportunity for citizens to participate in the open auditing of these contracts as a means to assess the good application of public resources. In this study we explore this possibility by analyzing open data published by the Brazilian Federal Court of Accounts (TCU is its acronym in Portuguese, an interesting case since this agency has a paramount role in auditing the whole Brazilian Federal Public Administration. To this end, we gathered open data from the TCU regarding all outsourced IT services contracts maintained by the agency during the years 2000-2013. This data is analyzed to verify, from an external point of view, the related duration and values, identifying diferences between the predicted and actual amounts spent and evaluating the administration of such contracts regarding legislation. This analysis is based on a detailed survey of the relevant legislation as well as the verification of original contract terms and their addendums. As a result, we observed substantial differences in the amount spent on execution with respect to those predicted in the original contracts. Also, we identified the utilization of special justifications prescribed by law to sustain the extension of some contracts. Given these results, it is possible that IT outsourcing is not necessarily proved to be the best solution for the public sector problems regarding the lack of skilled personnel, which implies the need to assess the cost-benefit of maintaining these

  6. Some observations concerning the judicial reform in Romania. Is there no matter more pressing than the fight against corruption?

    Directory of Open Access Journals (Sweden)

    Ovidiu Gherasim‑Proca

    2014-11-01

    Full Text Available Before being an element of constitutional order, the judicial system is a public service. Arbitrating disputes, conflict resolution and prosecuting crimes are, first of all, valuable functions for the community. This article presents the Romanian judiciary especially from this perspective. The relation between politics and the judiciary was particularly problematic in recent years. The judicial institutions’ struggle for autonomy was accompanied by unprecedented political crises. Yet, the Cooperation and Verification Mechanism (CVM continuously encouraged institutional reform, initiating very active anti-corruption policies, as well as the implementation of new civil and criminal procedure rules. At the same time, we can notice the rapid increase in the volume of new causes recorded by courts of law in civil matters, which entails the risk of severe deterioration of public legal services and requires an appropriate administrative response.

  7. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

    Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

  8. Dimensões da governança judicial e sua aplicação ao sistema judicial brasileiro Judicial governance dimensions and their appointment to the Brazilian judicial system

    Directory of Open Access Journals (Sweden)

    Luiz Akutsu

    2012-06-01

    , specially on Brazilian courts, research proposals are made, including the following: (a to evaluate the influence of the development of strategic resources in the performance of the judiciary; and (b to evaluate the impact of increased judicial independence and accountability on reducing corruption of the Brazilian judicial system.

  9. A judicial rashomon: on ageism and narrative justice.

    Science.gov (United States)

    Doron, Israel

    2012-03-01

    How are old people treated in courts? How do judges construct old age? To what extent judicial decisions regarding older persons reflect ageist attitudes? Historically, these questions have received relatively little attention in gerontological literature. This Israeli case-study tries to add a new dimension to the growing literature in the field of jurisprudential gerontology, in a context that so far received little attention: narrative justice. More specifically, this study combines a narrative-justice theoretical approach, with a legal case-study methodology, in order to explore the relationships between judicial narratives and ageism. The narrative analysis presented in this case study exposes how in contrast to common perception, which views legal decisions as objective and unimaginative texts, reality is different. The judicial case studied in this article exemplify how in real life, judges often construct a socio-judicial narrative, embellished by personal bias and prejudices regarding old age.

  10. Improvements of Judicial Systems: European Experiences

    Directory of Open Access Journals (Sweden)

    Pim Albers

    2008-01-01

    Full Text Available A proper function of courts is to positively influence the economic development of societies. Companies or enterprises are best served when courts function in a fast, fair and affordable manner. However, courts exist not only for the sake of companies, but to bring justice to citizens in accordance with the rule of law. I will focus little attention on the difficulties associated with defining the concept of rule of law. However, it is important to emphasize that developed societies must respect the rule of law. They do so by ensuring an independent judiciary, an impartial court system, a degree of separation of powers between the executive, legislative and the judicial powers of government, and the right to a fair trial. In the greater European community, these essential conditions are set forth in article 6 of the European Convention on Human Rights which states that: “(… everyone is entitled to a fair and public hearing within reasonable time by an independent and impartial tribunal established by law

  11. THE PROBLEM OF THE THEORY OF ORIGIN OF BRITISH CHANCELLOR OF THE COURT

    Directory of Open Access Journals (Sweden)

    Ilya V. STRIZHAKOV

    2015-01-01

    Full Text Available The history of the English law and its legal institutions is quite confusing and full of controversial, sometimes even contradictory theories. The origin of the jurisdiction of the Court of the Chancellor of the Institute, greatly influenced the legal system of England, is currently the subject of scientific discussions. Among researchers of the legal aspects of medieval English Chancellor of the Kingdom there is no consensus about the reason for her appearance. At the moment, there are two main theories of the origin of the jurisdiction of the Chancellor. One of them links the emergence of judicial functions by delegating certain authority to the Chancellor of the Royal Council, the other, administrative work undertaken by the Office. To show the validity of, any of them, this article will examine the arguments used by adherents of each theory. The author notes that for the Post, the main distinguishing feature of Chancellor lies not in its justice, and its administrative functions. Disputes in the community could be resolved by the Lord of the manor, hundred, or County on the basis of considerations of reason and justice. According to the Post, the Chancellor surpassed them only in power because the decisions they had "all the authority of government". Some supporters of the theory of the origin of the judicial jurisdiction of the Chancellor also argue that initially, the Chancellor dealt with cases related to work of their clerks, their offences, serves, thus, a means to control them. But this inner court was the Treasury, however, its judicial powers were concerned mostly with issues related to the revenue of the crown, and not developed subsequently in a more extensive competence. According to the results in this article, the author concludes that the probability of origin of judicial powers of the Chancellor of its internal judicial activities is extremely small. We believe that this played some role, but a much more significant factor was

  12. 新中国成立初期人民法院的司法路线——以国家权力下沉为切入点%The Judicial Route of the People Court in the Initial Stage of State Building:from the Point of Penetration of the Country Power Submerges

    Institute of Scientific and Technical Information of China (English)

    郑智航

    2012-01-01

    s class origin to judgment's standard, and purist to the "squaring" judicial effect. Therefore, the people~ court was tyrannical in the ini- tial stage of state building.

  13. Home closure as a weapon in the Dutch war on drugs: Does judicial review function as a safety net?

    Science.gov (United States)

    Bruijn, L Michelle; Vols, Michel; Brouwer, Jan G

    2017-09-01

    A widespread sense of a failing criminal justice system and increased feelings of insecurity changed the response to crime into a culture of control, which is characterized by policies that punish and exclude. In the Netherlands, these influences can be witnessed in the war on drugs where local authorities use their administrative power to close homes involved in drug-related crime. Citizens can invoke judicial review over these administrative interferences by claiming that such closure results in an unfair balance between purposes, means and consequences. This paper assesses whether judicial review functions as a safety net against losing one's home due to drug-related crime. We used doctrinal legal research methods to examine the "law in the books" and empirical legal research methods to analyse the "law in action". We used a survey to investigate how often the drug-related closure power was used in 2015, and we statistically analysed all published case law of Dutch lower courts between 2007 and 2016. The scope of the closure power broadened over the years and our data show that local authorities fiercely make use of this instrument. In 41.4% of the cases, citizens are successful in fighting the closure. While scholarly literature indicates that judicial courts function as safeguards by questioning the proportionality of administrative action, raising a proportionality defence does not necessarily result in a more favourable outcome for citizens. In fact, raising a proportionality defence makes it more likely to result in dismissal of the appeal. The stretched scope of the drug-related closure power together with the relatively low success rate of citizens who fight the loss of their home and a seemingly meaningless proportionality check show no sign of a safety net against the loss of one's home at the suit of a local authority. Copyright © 2017 Elsevier B.V. All rights reserved.

  14. Evaluating Judicial Performance Evaluation: A Conceptual Analysis

    Directory of Open Access Journals (Sweden)

    Joe McIntyre

    2014-12-01

    Full Text Available While the performance evaluation of judges has become a ubiquitous aspect of modern judicial administration, evaluation mechanisms of are too often utilised uncritically, without reflection on why we evaluate judges, and how ‘measurement’ furthers these objectives. This article provides a conceptual analysis of the role and purpose of performance evaluation, conceiving it as a limited tool of judicial accountability, which itself exists only to promote excellent judging. As such, the efficacy of evaluation mechanisms must always be assessed by reference to their impact on these overarching accountability objectives. The article explores the value of this conception approach by briefly examining three uses of performance evaluation: 1 judicial promotions; 2 judicial retention elections; and 3 judicial professional development. In doing so it illustrates how a clear conceptual approach invites a more nuanced and critical examination of the limitations and benefits of judicial performance evaluation programs. Mientras que la evaluación del rendimiento de los jueces se ha convertido en un aspecto omnipresente de la administración judicial moderna, los mecanismos de evaluación se utilizan con demasiada frecuencia de manera acrítica, sin reflexionar sobre las razones por las que evaluamos a los jueces, y cómo se alcanzan los objetivos buscados mediante la 'medición'. Este artículo ofrece un análisis conceptual de la función y el propósito de la evaluación del rendimiento, concibiéndola como una herramienta limitada de la responsabilidad judicial, que a su vez sólo existe para promover la excelencia judicial. Como tal, la eficacia de los mecanismos de evaluación siempre se debe comprobar en función de su impacto en los objetivos de responsabilidad globales. El artículo explora el valor de este enfoque examinando brevemente tres usos de la evaluación de rendimiento: 1 promociones judiciales; 2 elecciones para la reelección de

  15. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

    Full Text Available This is a research on interpreting (oral translation on a criminal case ofdrug user in the court proceedings at Denpasar Court. The study of theinterpreting is concerned with two-ways rendition from Indonesian into Englishand vice-versa. The study is related to: (1 the description of modes of interpretingapplied by the interpreter, (2 the application of translation strategies: shift,addition and deletion of information, (3 factors that underlie the application ofthe strategies, and (4 the impact of the application of those strategies towards thequality of the interpreting.The methodology applied in this study is qualitative based on eclectictheories (translation, syntax, semantics and pragmatics. The utilization of thetheories is in accordance with the type of the data analyzed in regard to thetranslation phenomena as an applied study and its complexity.The interpreting at court applied the consecutive and simultaneous modes.The strategy of shift was applied when there were differences in structure betweenthe source and the target languages. Addition of information was used when theinterpreter emphasized the message of the source language in the target language.The deletion of information applied if the context in the target language has beencovered, and it was not necessary for the interpreter to interpret the same thingbecause the message of the source language was pragmatically implied in thetarget language.The factors which underlie the application of the interpreting strategies incourt interpreting were communication factor and the differences in the languagesystems between the source and the target languages. The impact of the use of thestrategies towards the quality of the interpreting happened when the interpretationof the source language message into the message of the target language and themessage in the source language was not completely render into the targetlanguage.The novelties of the research are: (1 relevance theory and its

  16. 13 CFR 142.37 - What judicial review is available?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What judicial review is available? 142.37 Section 142.37 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.37 What judicial review is available? 31 U.S.C....

  17. 13 CFR 142.36 - Can I obtain judicial review?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Can I obtain judicial review? 142.36 Section 142.36 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.36 Can I obtain judicial review? If the...

  18. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

    We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference......-in-differences strategy on Italian data, we find that the introduction of schedules increases the presence of insurers (i.e. medical liability market attractiveness) only in inefficient judicial districts. In the same way, court inefficiency is attractive to insurers for average values of schedules penetration...... of the market, with an increasing positive impact of inefficiency as the territorial coverage of schedules increases. Finally, no significant impact is registered on paid premiums. Our analysis sheds light on a complex set of elements affecting the decisions of insurers in malpractice markets. The analysis...

  19. Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

    Science.gov (United States)

    2010-04-01

    13 United States v. Lindh , 227 F. Supp. 2d 565...convicted for his role in the September 11, 2001, terrorist attacks, but was never officially designated as an “enemy combatant”; John Walker Lindh , thus far...instructed that the sentencing options were limited as part of an apparently successful strategy to avoid the death penalty. United States v. Lindh , 227

  20. 行政复议程序反司法化定位的思考及其制度重构%On Reflection and System Reconstruction of Anti-judicial Orientation of Administrative Reconsideration Procedure

    Institute of Scientific and Technical Information of China (English)

    王万华

    2011-01-01

    The current administrative reconsideration procedures are over internal-administrative and over-simplified under the orientation of anti-judicial,and it lacks basic system elements of procedural justice,which is not conducive to the just resolution of adm%反司法化定位下的现行行政复议程序欠缺程序公正的基本制度要素,不利于公正解决行政争议。行政复议司法化的主张并非将司法程序全盘照搬至行政复议,实质在于将体现程序公正的基本要素引入行政复议中,在行政复议中确立公正程序的各项基本原则,切实保障申请人的各项程序权利,在此基础上完成正当行政复议程序制度重构,具体包括回避制度、复议案件公开审理制度、言词辩论制度、复议决定说明理由制度等。

  1. Judicial Productivity in India

    Directory of Open Access Journals (Sweden)

    Barry Walsh

    2008-01-01

    Full Text Available The essential thesis of this paper is that the practices and associated expectations of participants in the Indian court system are significantly different from most other countries that have inherited their legal systems from the British. An examination of those differences can help to identify strategies that may be pursued in overcoming a significant case backlog and delay problem in Indian courts. International comparisons with courts in other jurisdictions are not only useful and appropriate, but offer new opportunities for reforming the Indian court system that may hitherto have been overlooked. If the reader agrees with the author’s arguments and conclusions, then this paper offers a novel range of areas in which reforms may be advanced. If, on the other hand, the effect of this paper is to provoke a contradictory response from Indian commentators by reference to practices in other countries, then it will have achieved its purpose in seeking to gain recognition of the value of international comparisons as a means of identifying court system reform strategies in India and, hopefully, elsewhere.

  2. Member States’ liability for judicial error resulting in breaches of European Union Law

    Directory of Open Access Journals (Sweden)

    Neamt Valentin Paul

    2016-06-01

    Full Text Available This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.

  3. The Future Of Court Interpreting In Croatia

    Directory of Open Access Journals (Sweden)

    Dobrić Katja

    2014-09-01

    Full Text Available Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

  4. Estudio epidemiológico del suicidio en el partido judicial de Priego de Córdoba durante el periodo desde el año 1960 al 1990 Epidemiological study of suicide in the Priego de Córdoba court registry office between 1960 and 1990

    Directory of Open Access Journals (Sweden)

    J. Sáez Rodríguez

    2012-12-01

    Full Text Available La conducta suicida es un verdadero problema de salud pública del que nos viene advirtiendo la Organización Mundial de la Salud (OMS desde hace años. Este trabajo es un estudio epidemiológico retrospectivo de la mortalidad por suicidio en la serie histórica desde el año 1960 al 1990 en el partido judicial de Priego de Córdoba, una demarcación territorial situada entre Córdoba y Granada. El número de suicidios en dichas localidades triplica la media nacional durante este periodo, correspondiendo la modalidad mayoritariamente a la ahorcadura, que casi duplica las cifras a nivel nacional. De las variables estudiadas, las que resultan con significación estadística son: sexo (más frecuente en hombres, edad (más frecuente entre los 50 y los 59 años, estación del año (más frecuente en primavera y verano y distribución horaria (más frecuente entre las 8 y las 16 horas.Suicide behaviour is a real publichealth problem, as the World Health Organization (WHO has been warning since some years. Our work is an epidemiological study of mortality due to suicide in a historical series of cases between 1960 to 1990. Suicide cases were extracted from data in regional archives and from autopsy reports in the Priego de Córdoba court registry office, located among the territories of Córdoba and Granada. The number of suicides in this area triples the average of suicides in Spain during this period. The most common method used was hanging, doubling the average of this category in Spain. Our results with statistical significance were: Suicide occurred more frequently in males, and in the 50-59 year old population. With relation to temporal distribution, suicides were more frequent in spring and summer, as well as more frequent between 8:00 and 16:00 hours.

  5. 由“彭宇案”看裁判诚信与依良心审判--兼谈《民诉法》第13条第1款对法院和法官的适用性%The judicial integrity and judge according to the conscience--on the “applicability” of paragraph 1 of article 13 of“Civil Procedure Law” to the court and judge

    Institute of Scientific and Technical Information of China (English)

    唐东楚; 李毅

    2014-01-01

    The “Peng Yu case” reflects the social good faith crisis and the requirements for judicial integrity. The“applicability” of the principle of good faith on the conduct of the court and judge of Article 13, paragraph 1 of our“Civil Procedure Law” includes the indirect applicability in the sense of law declaration and the direct applicability in the sense of referee quotation: the former is sure but should not be abused, which the latter appears to be very beautiful but with limited functions. The judicial integrity requires due diligence trial according to law, the prohibition of raid trail and the abuse to discretion. The good faith principle of civil procedure has the functions of the orientation of judicial integrity, the integrity resolution of the trial conduct of Civil Procedure “system violates”, the integrity of the interests balance of the parties and the second discipline of dishonest conduct of the trial. By their very nature, judicial integrity is conscientious trail in compliance with due process and the method of applicability of good faith principle.%“彭宇案”折射了社会的诚信危机和对裁判诚信的期待。《民诉法》第13条第1款诚信原则对法院和法官的“适用性”,包括法律宣示意义上的间接适用与裁判援引意义上的直接适用:前者毋庸置疑但不宜滥用,后者看似很美然功能有限。裁判诚信要求依法尽职裁判、禁止突袭裁判和不得滥用自由裁量权;民诉法诚信原则条款对法院和法官具有诚信引导、解决民诉法“体系违反”、衡平各方诉讼利益、事后惩戒等功能。裁判诚信的本质,是依照法律和程序,在遵循法律原则适用即衡平方法前提下的依良心审判。

  6. Terrorist Threats and Judicial Deference

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2014-01-01

    The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review....

  7. THE IMPLEMENTATION OF QUALITY MANAGEMENT IN THE ROMANIAN JUDICIAL SYSTEM BY REDEFINING THE ROLE AND STATUS OF PERSONNEL AND ITS INVOLVEMENT IN THE ACHIEVEMENT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    HULPUŞ IOANA ALEXANDRA

    2015-07-01

    Full Text Available Reforming the justice on quality and sustainability must be based on the full involvement of judicial organizations staff, magistrates, clerks and other auxiliary personnel equally by redefining the role, status and responsibilities of them.. Romanian registrar’s role in the administration of justice is not to be neglected, his work representing a real support for magistrates, their tasks contributing decisively to the smooth running of the entire activities of the courts. Improving relations between judges and support staff by restructuring the relationship and turn them into functional „teams” is the condition for restoring confidence in justice. In this respect, court managers and judges must make all efforts to identify tasks that can be transferred to regitrars with higher education to improve their own work, while helping to improve their own training at the same time.

  8. Judicial Influence on Policy Outputs?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2015-01-01

    ) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958...

  9. The European Union Court of Justice after the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

    Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

  10. The Netherlands and the United Nations, Legal Responsibility for Srebrenica before the Dutch Courts

    NARCIS (Netherlands)

    Spijkers, O.

    2011-01-01

    This note provides some introductory remarks to two judicial cases decided by The Hague District Court and The Hague Court of Appeals, between The Netherlands (respondent) and the survivors and/or the relatives of the victims of the genocide in Srebrenica (i.e. Mustafić, Nuhanović and a Foundation c

  11. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M.V.B.P.M; Steunenberg, B.

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  12. The Road to a Court of Appeal—Part I: History and Constitutional Amendment

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

    on the judicial system of the State. The creation of a new court requires a considerable effort from a number of branches of the State in formulating the correct path for its establishment to proceed. In this article, the history of a Court of Appeal is set out, before discussing the referendum to amend...

  13. The Road to a Court of Appeal—Part II: Distinguishing Features and Establishment

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

    -lasting effects on the judicial system of the state. The creation of a new court takes a considerable effort from a number of branches of the State, in formulating the correct path for its establishment to proceed. In this article, the history of a Court of Appeal is set out, before discussing the referendum...

  14. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M; Steunenberg, B

    2000-01-01

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  15. The Netherlands and the United Nations, Legal Responsibility for Srebrenica before the Dutch Courts

    NARCIS (Netherlands)

    Spijkers, O.

    2011-01-01

    This note provides some introductory remarks to two judicial cases decided by The Hague District Court and The Hague Court of Appeals, between The Netherlands (respondent) and the survivors and/or the relatives of the victims of the genocide in Srebrenica (i.e. Mustafić, Nuhanović and a Foundation

  16. On Judicial Justice under the Background of Interest Differentiation%利益分化背景下的司法公正

    Institute of Scientific and Technical Information of China (English)

    樊安

    2014-01-01

    伴随经济发展,我国利益分化较为明显并随之产生社会利益结构的变化。社会利益结构变化既加剧了国家利益与地方利益的冲突,也凸现出法院自身利益与其职责之间的矛盾。这些矛盾势必影响法院的司法工作,从而不利于司法公正。在努力理顺法院与党、立法机关和行政机关的关系并且完善经费保障的同时,我们更要通过司法公开加强法院审判制度建设。利益分化属于多元社会的常态。通过全面的改革举措,我国人民法院体制必将妥善应对利益分化,为实现司法公正提供坚实制度保障。%Along with economic development,interest differentiation grows sharper and sharper,and the change of social inter-est structure occurs.The social interest structure change exacerbates the conflict between national and local interests,and high-lights the contradiction between a court's own interests and his responsibilities.The conflict and contradiction will surely have sig-nificant impact on judicial acts of the court,which is against judicial justice.Trial system should be enhanced through improve-ment of judicial transparency,while properly setting up the relationship between the court and the CCP and between the legisla-ture and the administrative authorities,and improving the financial security of the court.Interest differentiation is one of the nor-mal states of a pluralistic society.Through comprehensive reforms,China's court system will be able to deal with the situation of interest differentiation appropriately and provide sound system guarantee for judicial justice.

  17. The Movement Strategy in Taiwan’s Judicial Independence Reform

    Directory of Open Access Journals (Sweden)

    Chin-shou Wang

    2010-01-01

    Full Text Available Judicial independence reform in Taiwan was pioneered by a group of reform-spirited judges from Room 303 of the Taichung (台中, Taizhong District Court, in 1993. Rather than joining the mass movement that was unfolding on the streets, the reformers formed a coalition with other judges to trigger reform from within the judiciary. The reformers appealed to the rule of law and democracy as a movement strategy for mobilization. As a result, the movement strategy turned out to be a great success, and Room 303 became the chief engine for further judicial reforms in subsequent years. However, the movement strategy in itself also presents some limitations. This paper examines why the movement strategy was successful and how its limitations eventually created problems that hinder further judicial reforms in Taiwan.

  18. The judicial domain in view Figures, trends and perspectives

    Directory of Open Access Journals (Sweden)

    Marc Loth

    2007-06-01

    Full Text Available The paper sets out to describe the most relevant social tendencies that can influence the Dutch judicial system’s domain in the medium term and to evaluate the possible effects of these tendencies on the composition of legal fields. American legal theory concerning the role of the courts’ functions is a frame of reference for the analysis. In the light of a quantitative paradigm, first, the judicial domain is represented in figures and demarcated with respect to the domains of other relevant activities and participants. The social role of courts in the Dutch legal system is then considered in the light of a qualitative paradigm, focusing on the influence of the judge and the impact of his judgments. These lines of thought are brought together in the description of a few possible scenarios for the development of the judicial domain in the Netherlands in the years to come. A few conclusions round off this investigation.

  19. Public Litigation and the Concept of “Deference” in Judicial Review

    Directory of Open Access Journals (Sweden)

    Abraham Klaasen

    2015-12-01

    Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic

  20. Judicial policy-making and Europeanization

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2011-01-01

    , against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously...... been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains....

  1. Judicial policy-making and Europeanization

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2011-01-01

    , against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously...... been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains....

  2. RITUALITY AS A WAY OF ACTUALIZING THE CATEGORY OF OTHERNESS WITHIN THE JUDICIAL DISCOURSE

    OpenAIRE

    Bogomazova Viktoriya Vladimirovna

    2014-01-01

    The article deals with the rituality as one of the ways of actualizing the category of otherness within the judicial discourse, in general, and the court session, in particular. The author analyzes the relevant features of rituality in the judicial discourse, reveals the categorical connection between the rituality and otherness, the speech means which actualize their interaction. The author gives examples illustrating the actualization of the concept by means of rituality in the texts of cou...

  3. An Evaluation of Three Driving-Under-the-Influence Courts in Georgia

    OpenAIRE

    Fell, James C.; Tippetts, A. Scott; Ciccel, J. DeCarlo

    2011-01-01

    Following the model of Drug Courts, three Georgia Driving-Under-the-Influence (DUI) Courts (established in Chatham, Clarke, and Hall Counties in 2003) were designed to address the underlying alcohol problems of repeat DUI offenders through continuous and frequent judicially supervised treatment, periodic alcohol and other drug testing, the use of graduated sanctions, and other appropriate rehabilitative services. A team comprised of a judge, court personnel, probation officials, and treatment...

  4. Court Decisions Specific to Public School Responses to Student Concussions

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

    This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

  5. The Effects of Computerized Information Systems on Juvenile Courts

    Science.gov (United States)

    Albrecht, Gary L.

    1976-01-01

    Organizational theorists alternatively hypothesized that computerized information systems (CIS) will produce no necessary changes, centralization, or decentralization in juvenile courts. This hypothesis is supported by the results of a four year study on the phenomenon. Suggestions are offered for improving the juvenile judicial system through…

  6. The Royal Courts of Equity in England in the 16-17 centuries.

    Directory of Open Access Journals (Sweden)

    Ilya Strizhakov

    2017-01-01

    Full Text Available УДК 340.15The subject of research are the courts of England in 16-17 centuries.The purpose of article is to answer the question which courts must be included to a number of "courts of equity".Methodology. Historical analysis of the scientific literature, of the English legislation and judicial practice of the 16-17 centuries.Results. The priority for the Court of Star Chamber was to protect the interests of Royal power and not the rights of people. Moreover, this court did not seek to bridge the gaps of common law. In this regard, his reference to the number of “courts of equity” is incorrect.Star Chamber had a close relationship with the Privy Council. There were no clear boundaries between them during the XVI century. The Star Chamber was the emergency Committee of the Privy CouncilThe purpose of the Court of Requests was to ease social tensions, to create the impression of caring filed emanating from the monarch and the nobility.Despite the fact that the Court of the Requests was conceived as "a court for poor people", it became popular wealthy people under the rule Henry VIII.The Court of High Commission was a court focused on the strengthening of Royal power. In its activities it has been focused on improving the rights of the Kingdom.The Court of Exchequer provided judicial protection for some types of transactions that are not recognized by the common law. In this it is similar to the Chancery Court. Initially, the Court of the Exchequer has been focused on protecting the interests of the crown. Therefore, the function to eliminate the gaps of the common law could not be implemented in full.The Chancery Court, unlike the special courts were required to consider complaints coming from citizens about the inability to get a fair trial.Conclusions. The criteria for judicial institutions to be considered as “courts of equity” are: the purpose of the establishment of the court was to fill gaps in the common law; interference with the

  7. In the CJEU judges trust: A new approach in the judicial construction of Europe

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    This articles aims to highlight the relevance of judicial trust in international courts, focusing on national judges’ trust in the Court of Justice of the European Union (CJEU). EU Scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...... judicial system. A theory is offered in the article, which links national judges’ trust in the CJEU to their corporatist identification, their profile as EU law judge, their attitudes to the European Union and to their beliefs about the CJEU’s ability to provide decisions that: 1) offer a clear guidance...

  8. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2016-01-01

    Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

  9. Analysis on the Establishment of the Supreme People’s Court Circuit Court%最高人民法院巡回法庭设立探析

    Institute of Scientific and Technical Information of China (English)

    鲁晟珲

    2016-01-01

    The Decision of the Central Committee of the Communist Party of China on a Number of Major Issues Concerning the Overall Promotion of the Rule of Law stipulates that the Supreme People ’s court shall be set up to try to hear the trial of major administrative and civil and commercial cases across the administrative region. This decision is introduced just because China’s judicial localization of the problem has not been effectively resolved and the Supreme People’s court trial pressure is increasing. China’s establishment of a circuit court is faced with internal and external aspects of the problem. The circuit court shall provide circuit,tour officers of the court,and explore the establishment of the people’s procuratorate crossing administrative regions in order to ensure the circuit court to play its proper value and realize its function and to achieve the rule of law and justice.%《中共中央关于全面推进依法治国若干重大问题的决定》规定设立最高人民法院巡回法庭,以审理跨行政区重大行政和民商事案件。正是由于我国司法地方化问题未能有效解决且最高人民法院的审判压力日益增大,才推出了这一决定。我国设立的巡回法庭面临着内部、外部等多方面的问题,巡回法庭应当就巡回区、巡回法庭人员做出相应的规定,并探索建立跨行政区域的检察院,以保证巡回法院发挥其应有的价值及功能,实现法治与公正。

  10. THE IMPACT OF COURTROOM CAMERAS ON THE JUDICIAL PROCESS

    Directory of Open Access Journals (Sweden)

    Scott Campbell

    2017-07-01

    Full Text Available The sensational trial of Richard Bruno Hauptmann for the kidnapping and murder of Charles Lindberg’s young son in 1935 marked the starting point of the debate regarding the propriety of allowing cameras in courtrooms during judicial proceedings. This debate intensified during and following the 1994-1997 trial of O.J. Simpson. At issue is how a court must weigh the Sixth Amendment right of the accused to a public trial and the First Amendment right to a free press, as well as its own interest in preserving the dignity and decorum of the courtroom. This paper examines the history, Federal rules, seminal court cases, and California rules concerning cameras in the courtroom in the context of these important Constitutional issues. This research provides qualitative data from 208 California judges that help explain some of the thinking by those who are empowered to accept or reject requests to record court proceedings.

  11. ELABORATION OF A JUDICIAL ACCOUNTING EXPERTISE REPORT. AN EXAMPLE

    Directory of Open Access Journals (Sweden)

    DEACONU SORIN-CONSTANTIN

    2013-12-01

    Full Text Available The accounting expert profession should be a noble one. It should be respected by third parties as well as the accounting professional in question. The work of a professional accountant involves, among other responsibilities, the elaboration of judicial accounting expertise reports. Unfortunately, the content of certain reports filed in court is not entirely professionally written and eloquent for the judge. The elaboration of a report has to be done according to the rules stipulated in professional standard no. 35 Accounting expertise. One sensitive point in the elaboration of expertise reports is the submission of the lists from the local offices to the courts of law. Most of the times these lists only include some of the experts whose reports are incondite. This article presents an expertise reports with two objectives formulated by the court

  12. ANALYSIS OF PUBLIC COURT-ORDERED-DEBT DISCLOSURE: INFLUENCE OF LEGISLATION AND FUNDAMENTALS OF ACCOUNTING THEORY

    Directory of Open Access Journals (Sweden)

    Lucas Oliveira Gomes Ferreira

    2012-03-01

    Full Text Available The purpose of the present study is to analyze the accounting disclosure of judicial payments warrants (precatórios, issued when governmental entities are found liable for pecuniary awards in lawsuits according to accounting theory, and to verify if the current legislation interferes in the accounting treatment of these instruments. In this sense, we performed a documental and literature review about the legal framework and accounting procedures adopted, as well gathered data from the National Treasury Secretariat Data Collection System (SISTN in the period 2004-2009 and consulted a study carried out by the Supreme Court (STF in 2004. The study’s justification is based on the perception that over than a half of judicial payment warrants are not registered in the public accounts. Consequently, whereas these warrants (i vested rights of the plaintiffs and (ii debts of the public entity, the lack of accounting disclosure jeopardizes both the beneficiary, whose right is not reflected in the public accounts, thus casting doubt on the expectation to receive payment, and government managers and society, who do not have reliable information that allows effective management. The innovation of this paper consists of discussing identification of the appropriate moment of the generating event of the underlying debts and the proposal of disclosure considering the risk classification. In conclusion, the influence of the current legislation and the failure to observe accounting fundamentals are among the likely factors that have affected the proper accounting of judicial payment warrants within the Brazilian public administration.

  13. The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice; Bundesverwaltungsgericht bestaetigt Rechtswidrigkeit des Kernkraftmoratoriums. Primat der Politik gilt nur in den Schranken des Rechts

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss-Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2014-03-15

    With its decision on December 20{sup th}, the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27{sup th} 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

  14. Do Resources, Justice Administration Practices And Federalism Have An Impact On Registered And Sentenced Crime Prevalence?

    Directory of Open Access Journals (Sweden)

    Christophe Koller

    2014-06-01

    Full Text Available This contribution, based on a statistical approach, undertakes to link data on resources (personnel and financial means and the working of the administration of penal justice (prosecution, sentencing taking into account the nationality of those prosecuted. In order to be able to distinguish prosecution and sentencing practices of judicial authorities and possible processes of discrimination, diverse sources have been used such as data from court administrations, public finances and police forces, collected by the Swiss Federal Statistical Office and the Swiss Federal administration of finances. The authors discuss discrimination in prosecution and sentencing between Swiss residents and foreigners taking into account localization and resources regarding personnel and public finances.

  15. Public Interest Litigation in the NetherlandsA Multidimensional Take on the Promotion of Environmental Interests by Private Parties through the Courts

    Directory of Open Access Journals (Sweden)

    Berthy van den Broek

    2014-07-01

    Full Text Available In the Netherlands, the administrative law system is traditionally seen as best suited for dealing with public interest-related lawsuits. Especially in the field of environmental law, NGOs seeking to promote broader environmental interests regularly initiate judicial procedures before administrative courts in order to challenge land-use plans, environmental permits and other types of public orders that may have adverse impacts on local natural habitats and/or the environment more generally. However, over the past five years a number of developments have resulted in a more restricted access to administrative courts for environmental NGOs. It has been suggested that these developments may result in an increased reliance on public interest-related procedures before civil courts. This raises the question of what position public interest-related claims, like those against Shell for oil pollution in the Niger Delta and those against the Dutch government for its alleged failure to implement adequate climate change policies, currently have within the Dutch system of civil procedure. It also raises the question whether environmental NGOs in practice do have the broad access to Dutch courts that is required by international obligations, and whether room for improvement should perhaps be sought in the civil law domain.

  16. Public Interest Litigation in the Netherlands
    A Multidimensional Take on the Promotion of Environmental Interests by Private Parties through the Courts

    Directory of Open Access Journals (Sweden)

    Berthy van den Broek

    2014-07-01

    Full Text Available In the Netherlands, the administrative law system is traditionally seen as best suited for dealing with public interest-related lawsuits. Especially in the field of environmental law, NGOs seeking to promote broader environmental interests regularly initiate judicial procedures before administrative courts in order to challenge land-use plans, environmental permits and other types of public orders that may have adverse impacts on local natural habitats and/or the environment more generally. However, over the past five years a number of developments have resulted in a more restricted access to administrative courts for environmental NGOs. It has been suggested that these developments may result in an increased reliance on public interest-related procedures before civil courts. This raises the question of what position public interest-related claims, like those against Shell for oil pollution in the Niger Delta and those against the Dutch government for its alleged failure to implement adequate climate change policies, currently have within the Dutch system of civil procedure. It also raises the question whether environmental NGOs in practice do have the broad access to Dutch courts that is required by international obligations, and whether room for improvement should perhaps be sought in the civil law domain.

  17. The privileges and immunities of international organizations in domestic courts

    CERN Document Server

    2013-01-01

    International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topi...

  18. Green Courts in India: Strengthening Environmental Governance? - Student Note

    Directory of Open Access Journals (Sweden)

    Raghav Sharma

    2008-06-01

    Full Text Available The Constitution of India has been the bulwark of Indian environmental governance. Right to clean environment, as an incident of 'right to life', has become enshrined under Article 21 through judicial interpretation. The Indian experience, involving easy access to justice through Public Interest Litigation, demonstrates that 'independent' and 'powerful' superior courts are indispensable for securing environmental justice. However, this ideal turns into a mirage when the superior courts fail to satisfactorily resolve environmental disputes involving scientific and technical questions due to lack of permanent expert panels to assist them. To surmount this practical impediment, the Law Commission of India has mooted the idea of specialised Environmental (Green Courts in its 186 th Report which will be structurally modeled on similar courts functioning in Australia and New Zealand . While recognising the significance of a specialised judiciary, this paper criticizes the proposal of the Law Commission as a half hearted attempt in this direction. The proposed structure is utterly unimpressive as it purports to withdraw environmental disputes from the jurisdiction of superior courts while entrusting them to weak Environmental Courts which appear vulnerable to substantial executive interference. It fails to subserve the high aim of efficacious dispute resolution as the proposed courts have been weaned of the wide powers which the superior courts were hitherto exercising in environmental matters. Thus, as an alternative, it is proposed that a more pragmatic course will be to create specialist divisions within the existing Indian High Courts to effectively address the practical problems involved in environmental adjudication.

  19. 20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

  20. 司法改革与政治合法性——对审判管理改革的法政治学透视%Judicial Reformation and Political Legitimacy:On the Reformation of Trial Management from the Perspective of Politics of law

    Institute of Scientific and Technical Information of China (English)

    贾永健

    2012-01-01

    近年的审判管理改革未改变造成审判权责脱节问题的体制节点,却着力于加强对审判权的政治和行政控制,以致权力和责任脱节问题更加突出,反而不利于政治合法性的强化。遵循司法规律的司法改革才能更有效解决审判权责脱节问题,实现"建设公正高效权威司法制度"的法治目标和"强化政治合法性"的政治目标。%The justice,which connects the state and people,is a key factor of the political legitimacy.Therefore,strengthening the political legitimacy more effectively is the essential motives for judicial reformation.In recent years,the reformation of trial management has been implemented in our court system as the new program of judicial reformation to reinforce the political and administrative control of judicial power by improving the trial mechanism,in order to unify the judicial power and responsibility.However,the divorce between judicial power and responsibility was worse.Therefore,it is the judicial system reformation by the judicial laws that solve the judicial problems and realize the legal goal of constructing the just,efficient and authoritative judicial system and the political goal of strengthening the political legitimacy more effectively.

  1. Synthesis of Climate Change Policy in Judicial, Executive, and Legislative Branches of U.S. Government

    Directory of Open Access Journals (Sweden)

    Robert Brinkmann

    2011-12-01

    Full Text Available In recent years, the United States has struggled to develop a comprehensive policy for climate change and concomitant greenhouse gas emissions that addresses the current scientific thinking on the topic. The absence of any clear legislative or executive approach dominated national discussions and the court system was used to litigate a variety of issues associated with global warming. This paper synthesizes actions taken in the three branches of government prior to and immediately following the Obama election. In the Judicial branch, several branches of law have been used to force government and private parties to reduce greenhouse gas emissions. Based on the historic greenhouse gas lawsuit, Massachusetts et al. v. the United States Environmental Protection Agency (U.S. EPA, and under the direction of the Obama administration, the U.S. EPA has taken significant action to regulate greenhouse gases. In the legislative branch, a comprehensive energy and climate bill passed the House of Representatives and comparable and alternate energy and climate bills were debated in the Senate indicating hope for legislation in the 111th Congress. However, these bills proved to be unsuccessful, therefore leaving the U.S. EPA and the courts the only options for national climate policy in the near future.

  2. [Consequences of the judicialization of health policies: the cost of medicines for mucopolysaccharidosis].

    Science.gov (United States)

    Diniz, Debora; Medeiros, Marcelo; Schwartz, Ida Vanessa D

    2012-03-01

    This study analyzes expenditures backed by court rulings to ensure the public provision of medicines for treatment of mucopolysaccharidosis (MPS), a rare disease that requires high-cost drugs not covered by the Brazilian government's policy for pharmaceutical care and which have disputed clinical efficacy. The methodology included a review of files from 196 court rulings ordering the Brazilian Ministry of Health to provide the medicines, in addition to Ministry of Health administrative records. According to the analysis, the "judicialization" of the health system subjected the Brazilian government to a monopoly in the distribution of medicines and consequently the loss of its capacity to manage drug purchases. The study also indicates that the imposition of immediate, individualized purchases prevents obtaining economies of scale with planned procurement of larger amounts of the medication, besides causing logistic difficulties in controlling the amounts consumed and stored. In conclusion, litigation results from the lack of a clear policy in the health system for rare diseases in general, thereby leading to excessive expenditures for MPS treatment.

  3. Local Courts as Legislators?Judicial Lawmaking by Sub-National Courts in China

    Institute of Scientific and Technical Information of China (English)

    习超

    2014-01-01

    <正>Introduction:Statute Law and Judge-Made Law through the Comparative Lens The relationship between the roles of the legislature and of the judiciary in the development of law in a legal system is a subject of enduring interest.The traditional comparative law scholarship regards the different relationship between statute law and judge-made law,and in particular the different role of the judge,as ones of the"characteristic differences"between the common law and the civil law traditions.[2]In the conventional view,civil law is mostly a codified system where the role of the judge is primarily to interpret and apply a written body of statutes,whereas common law is made and developed in large

  4. The Effectiveness of Idaho DUI and Misdemeanor/DUI Courts: Outcome Evaluation

    Science.gov (United States)

    Ronan, Scott M.; Collins, Peter A.; Rosky, Jeffrey W.

    2009-01-01

    As DUI Courts continue to expand through the United States, research needs to match the growth to inform administrators and the public on the effectiveness of these courts. The current study found that participation in a DUI or Misdemeanor/DUI Drug Court (23%) reduced recidivism compared to a comparison group (37%) with court filing records that…

  5. Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems

    Directory of Open Access Journals (Sweden)

    Gemma Sala

    2014-12-01

    Full Text Available Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a federation in order to understand the conditions under which courts may or may not enforce compliance with federalism. It argues that politicians of either level of government anticipate the likelihood of a judicial challenge and an eventual veto, and it finds distinct equilibria in the interaction between central and regional governments (imposition, auto-limitation, negotiation and litigation. Only under auto-limitation do courts effectively prevent transgressions to the federal arrangement. In all other scenarios, defection may take place despite the presence of courts. These findings show that as the court’s jurisprudence becomes more solid and defined, the chances for governments to successfully exceed their powers increase. Not only do transgressions take place despite the presence of the court, but because of it.

  6. Is South Africa using trade remedies as a protectionist measure? Reflections on a court case: International Trade Administration Commission v. SCAW South Africa (2010 ZACC 6 (9 March 2010

    Directory of Open Access Journals (Sweden)

    Luz Helena Beltrán Gómez

    2011-08-01

    Full Text Available The recent decision of the South African Constitutional Court raises great concern on whether the leading economy of the continent and the role model country in Legal developments is taking a healthy route in deciding their international trade policy. As many other countries, South Africa might be experiencing problems with having two parallel regulations with moderately similar aims, but both with a different scope of reach. On the one hand, South Africa is an enthusiastic producer and enforcer of competition laws and policies that apply only locally, and gladly agrees to the international commitments of free trade. On the other hand, inside institutions are using the WTO agreements (more specifically the anti-dumping agreement to prevent competition from international economic rivals by hindering their access to the South African market. The importance of establishing whether South Africa uses trade remedies anti-competitively is also pertinent to the global debate. The way the biggest economy in Africa deals with the situation is useful in trying to find a response to the problem of anti-competitive trade remedies that suits the interests of Africa and that is globally feasible. This paper will explore these issues from the perspective of the constitutional court rulings in International Trade Administration Commission v SCAW South Africa, and it will try to find a way to reconcile competition and anti-dumping in this particular case with the final aim to use it as a possible tool in the construction of a harmonized system of international trade.

  7. Private international Law in Chinese Courts

    Institute of Scientific and Technical Information of China (English)

    HUANG Jin; DU Huanfang

    2006-01-01

    After the entry of China into World Trade Organization,there are problems such as jurisdiction,application of law,and judicial assistance,which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters.As for private and international law problems in the Chinese courts,this paper analyses some general issues,including renovi,inter-temporal conflicts,and proof of foreign laws;reviews jurisdiction problems,for example,common jurisdiction versus special jurisdiction,selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction;discusses the choice of law problems such as the principle of party autonomy,the principle of the most significant judgment and international commercial arbitral award.

  8. Judicial Restraints on the Press. Freedom of Information Foundation Series No. 2.

    Science.gov (United States)

    Gillmor, Donald M.

    The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the Reardon Report, the…

  9. Influence of Child and Family Factors on Judicial Decisions in Contested Custody Cases.

    Science.gov (United States)

    Wallace, Sara R.; Koerner, Susan Silverberg

    2003-01-01

    Explores how child and family factors influence judicial decision making in contested custody cases through interviews with 18 family court judges. Judges cited a variety of factors as being influential, including the child's age and developmental status, the child's wishes regarding the custody arrangement, the child's stability, parental…

  10. Antonin Scalia’s Textualism in philosophy, theology, and judicial interpretation of the Constitution

    NARCIS (Netherlands)

    Philipse, Herman

    2007-01-01

    Textualism or Originalism, as defended by Justice Antonin Scalia of the U.S. Supreme Court, is a normative doctrine of method according to which the judicial interpretation of statutes and of the Constitution should aim at establishing the original meaning of the text. Textualism in the strict sense

  11. Education, Social Science, and the Judicial Process. Policy Analysis and Education Series.

    Science.gov (United States)

    Rist, Ray C., Ed.; Anson, Ronald J., Ed.

    As courts at the local, state, and federal levels take an increasingly large role in formulating educational policy, serious questions arise about the use of social science data in judicial decision-making. The seven papers in this book were first presented at a symposium focusing on an exploration of the manner in which the definitions of…

  12. [Limits of pain treatment: medical and judicial aspects].

    Science.gov (United States)

    Zenz, M; Rissing-van Saan, R

    2011-08-01

    Medical principles of pain treatment are generally in line with the judicial principles. To relieve pain is one of the fundamentals of medicine and this has also been acknowledged by the Federal Court in Germany. It is criminal bodily harm, when a physician denies a possible pain treatment. Whereas courts clearly see an obligation to basic and continuing education in pain diagnosis and therapy, pain is still not represented in the German licensing regulations for physicians. Only palliative medicine has been added to the obligatory curriculum. Very similar pain is not mandatory in many clinical disciplines leaving physicians without the needed knowledge to treat pain. The need for interdisciplinary treatment is not yet acknowledged sufficiently, although meanwhile chronic pain is regarded as a bio-psycho-social illness.Since 2009 the advance directive is regulated by law. However, still many physicians are unaware that not only the position of the patient but also of the relatives have been strengthened. In 2010 the Federal Court has pronounced a judgment allowing "passive euthanasia" in certain conditions but prohibiting any active handling even in line with the patient's will. This is also in line with the European Human Rights Convention. The judicial unpunished assisted suicide has provoked an ethical discussion within the medical profession. However, what is not illegal is not automatically accepted as ethical handling for physicians. Palliative medicine is at least one alternative in this discussion.

  13. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...

  14. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

    Full Text Available The independence of the court is essential of state of rule, to maintain the stability in juridical intercourse, for the existence of a constitutional democracy achieved through a warranty of the necessary objectivity for the steady and legal settlement of the causes deducted to the trial and the achievement of a fair trial. The article emphasizes the main international juridical tools in which independence of justice is reflected, achieving an examination of judicial practice of European instance as well as an analysis of this principle as it is regulated by Romanian justice.

  15. Where Theory and Law Meet: Trends in Establishment Clause Jurisprudence in the US Federal Courts and Implications for Science Education

    Science.gov (United States)

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

    In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory underpinning…

  16. Incorporación del Tribunal Federal de Justicia Fiscal y Administrativa al Poder Judicial de la Federación Incorporación del Tribunal Federal de Justicia Fiscal y Administrativa al Poder Judicial de la Federación

    Directory of Open Access Journals (Sweden)

    Vicente Vázquez Bustos

    2012-02-01

    Full Text Available The Fiscal Court of the Federation, today Federal Court of Fiscal and Administrative Justice, arises within the Law of Fiscal Justice with vicarial jurisdiction, solving on behalf of the President thru the empowerment that the Law bestows in it, with strong roots in the French administrative right and from the beginning with exclusive jurisdiction on fiscal matters. The evolution and transformation experienced by the Federal Court of Fiscal and Administrative Justice, motivate a deep and profound reflection on its legal nature and the issuing resolutions (among other aspects around the continuous reforms to its own Organic Law, as well as to diverse laws, that have provided it with a permanent new jurisdiction. The idea is to strengthen the Body of Fiscal Justice, analyzing the convenience, the means and the consequences of incorporating it to the Judicial Power of the Federation.El Tribunal Fiscal de la Federación, hoy Tribunal Federal de Justicia Fiscal y Administrativa, surge en la Ley de Justicia Fiscal con jurisdicción delegada, resolviendo en nombre del Ejecutivo Federal por delegación de facultades que la Ley le hace, con fuertes raíces en el derecho administrativo francés y en un inicio con competencia exclusiva sobre la materia fiscal. La evolución y transformación experimentada por el Tribunal Federal de Justicia Fiscal y Administrativa, motiva una profunda reflexión sobre su naturaleza jurídica y las resoluciones que emite (entre otros aspectos atentos al hecho de que las continuas reformas a su propia Ley Orgánica, así como a diversas leyes, le han dotado permanentemente de una “nueva” competencia. Se busca fortalecer al Órgano de Justicia Fiscal, analizando la conveniencia, forma y consecuencias de incorporarlo al Poder Judicial de la Federación.

  17. Organization Development of the Dutch Judiciary, between Accountability and Judicial Independence

    Directory of Open Access Journals (Sweden)

    Philip Langbroek

    2010-04-01

    Full Text Available The Netherlands are a country on the European Continent with a French inspired legal system as far as civil and criminal law is concerned. Administrative law has followed a different development and reflects the middle position of the Netherlands between the French, English and German administrative law systems, while maintaining a dominant procedural position of public administration. However, the organization of the Dutch judiciary mainly follows the lines of the original French conceptions: it has been organized in accordance with the concepts brought to the low countries by Napoleons’ army. This traditional continental judicial organization, operated by the ministry of justice and court presidents’ for over 150 years has gone through considerable institutional and organizational change during the last 15 years. In this article I will sketch the outcomes of a mayor evaluation research of the changes in the Dutch judiciary that started in 1995 and evolve until today. I will do this by first describing the change process against the background of the New Public Management. Second, I will describe the proposals for change and the actual changes. Finally I will describe the most salient outcomes of the evaluation study. I will conclude with a brief discussion of these outcomes.

  18. Judge Financial, Administrative Judge

    OpenAIRE

    Kurek, Aline

    2010-01-01

    As a specialised administrative judge, the financial judge, understood in the sense of the Auditors Court, of the regional Auditors Courts and of the Court of budgetary and financial discipline, has a ratione materiae jurisdiction. It is the judge's duty to ensure compliance with budgetary and national accounting rules. The perspective tending to view the financial judge as a administrative judge, that is to say as an ordinary administrative judge, may consequently give rise to certain object...

  19. Selected Regional Judicial Officer Cases, 2005 - Present

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains selected cases involving EPA's Regional Judicial Officers (RJOs) from 2005 to present. EPA's Regional Judicial Officers (RJOs) perform...

  20. Clinton asks court to rule against assisted suicide.

    Science.gov (United States)

    1996-11-29

    The U.S. Supreme Court has been urged by the Clinton Administration to overturn two appeals court rulings that bar States from enforcing laws that prohibit doctor-assisted suicide. Solicitor General Walter Dellinger asked the court to reverse rulings by the 2nd and 9th U.S. Circuit Court of Appeals blocking New York and Washington States from arresting doctors who hasten the death of patients. In both cases, the plaintiff included people with AIDS and their caregivers. President Clinton previously stated that he opposes euthanasia. AIDS policy advocates generally support legalizing assisted suicide and were disappointed in the administration's involvement in these cases.

  1. Judicial judgement-making and legal criteria of testimonial credibility

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

    Full Text Available Judicial judgement-making in legal and forensic settings is characterised by the information loss model. In comparison to formal reasoning styles, in which information is processed in detail, judicial reasoning styles are mainly informal. Moreover, the experimental literature regarding judges and juries has revealed that reliability is the corner stone of legal judgement-making in legal contexts. This study aims to assess the underlying legal criteria assigned to the credibility of testimonies by judges by evaluating the court archives of judicial judgements in which the verdict rested entirely on the credibility of testimonies. Moreover, given the prevalence of informal reasoning in this context, an analysis was undertaken to determine the use of heuristics which are indicative of informal reasoning. In addition, an analysis of the interaction of both variables and their effect on joint decision-making by legal experts and lay people was assessed. Finally, bearing in mind the limitations of this study, the results are discussed in terms of their implications in the evaluation of testimonial credibility in judicial proceedings.

  2. Judicial astrology in theory and practice in later medieval Europe.

    Science.gov (United States)

    Carey, Hilary M

    2010-06-01

    Interrogations and elections were two branches of Arabic judicial astrology made available in Latin translation to readers in western Europe from the twelfth century. Through an analysis of the theory and practice of interrogations and elections, including the writing of the Jewish astrologer Sahl b. Bishr, this essay considers the extent to which judicial astrology was practiced in the medieval west. Consideration is given to historical examples of interrogations and elections mostly from late medieval English manuscripts. These include the work of John Dunstaple (ca. 1390-1453), the musician and astrologer who is known have served at the court of John, duke of Bedford. On the basis of the relatively small number of surviving historical horoscopes, it is argued that the practice of interrogations and elections lagged behind the theory.

  3. Science and judicial proceedings--seventy-six years on.

    Science.gov (United States)

    French, Robert

    2009-10-01

    The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.

  4. Researching Justification Texts of a First Instance Court: from Assignment to Results and Reporting

    Directory of Open Access Journals (Sweden)

    Philip Langbroek

    2014-12-01

    Full Text Available Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences they address? We answered that question by developing a methodology for the analysis of judgment justification texts, investigating judicial writing behavior. This paper focuses on the methodological hurdles we had to take and the mistakes we made and had to correct. Research reports in all articles on socio-legal research offer a positive and linear description of the research. This article wants to show that trial and error during the research process were inevitable and maybe could have been avoided if we would have had more experience with this type of research. We hope students and other researchers may profit from our experience. Las decisiones judiciales se razonan para legitimarlas. Los profanos en la materia parecen entender poco de la labor de los tribunales. Una de las preguntas a administradores de tribunales y jueces es: ¿para quién redactan los jueces sus sentencias? ¿Es posible analizar los textos de justificación judiciales desde la perspectiva del público a quien se dirigen? Hemos respondido a esta pregunta mediante el desarrollo de una metodología para el análisis de textos de justificación judiciales, investigando el comportamiento de la escritura judicial. Este artículo se centra en los obstáculos metodológicos que tuvimos que sortear y los errores que cometimos y tuvimos que corregir. Los informes de investigación en todos los artículos de investigación sociojurídica ofrecen una descripción positiva y lineal de la investigación. Este artículo quiere demostrar que la prueba y el error eran inevitables durante el proceso de investigación eran inevitables, y podrían haberse evitado si hubiéramos tenido mayor

  5. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

    Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

  6. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

  7. The European Court of Justice and External Relations Law: Constitutional Challenges

    DEFF Research Database (Denmark)

    Butler, Graham

    2016-01-01

    Without outlining the challenges and the balancing act that the Court of Justice must always strive to achieve, and the potential pitfalls that ensue, this book is a worthy read for those perplexed about the foreign relations issues of the Union, and those interested in how the primary judicial...... actor of the Union interacts with law surrounding it, given the constitutional parameters. Over the length of this book review, it will be explained why this publication is a valuable contribution to the understanding of the Court of Justice as a judicial actor in the field of EU foreign policy...

  8. Deference and Diffèrance: Judicial Review and the Perfect Gift

    Directory of Open Access Journals (Sweden)

    J De Ville

    2006-01-01

    Full Text Available The highest courts in both Canada and South Africa have expressed themselves in favour of an approach of deference as respect in the review of administrative action. The notion of deference as respect derives from the thinking of David Dyzenhaus, who has developed a theory of democracy in support of this approach to judicial review. Dyzenhaus’ model of review attempts to steer clear from the problems he associates particularly with positivism and liberalism. Dyzenhaus’ model of review furthermore attempts to allow space for the administration to play a significant role in giving effect to democratic values, on the understanding that all such decisions need to be reasonably justifiable. In this article the views of Dyzenhaus are contrasted with those of Jacques Derrida, especially insofar as the latter has reflected on the relation between law and justice, as well as concepts such as the gift and democracy. The argument developed in this article is that Dyzenhaus’ model of review, despite its many positive features, needs to be rethought with reference to the perfect gift, unconditional justice and democracy to come. Such a rethinking is required because of the limited conception of justice – as simply ‘our’ justice – in Dyzenhaus’ model.

  9. 40 CFR 178.65 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 178.65 Section 178.65... REQUESTS FOR HEARINGS Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is final... of the order in the Federal Register. The failure to file a petition for judicial review within...

  10. 31 CFR 341.7 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings. 341.7 Section... BONDS § 341.7 Judicial proceedings. No judicial determinations will be recognized which would give... against a registered owner will be recognized when established by valid judicial proceedings, but in...

  11. 31 CFR 346.7 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings. 346.7 Section... RETIREMENT BONDS § 346.7 Judicial proceedings. No judicial determination will be recognized which would give... claim against a registered owner will be recognized when established by valid judicial proceedings,...

  12. Norton v. Southern Utah Wilderness Alliance: The U.S. Supreme Court Fails to Act on Agency Inaction

    Directory of Open Access Journals (Sweden)

    Christopher M. Buell

    2006-04-01

    Full Text Available Citing inaction by the Bureau of Land Management (BLM in preventing damage to lands designated for possible preservation from explosive increases in off-road vehicle use, the Southern Utah Wilderness Alliance (SUWA sued BLM in 1998 to force it to prevent impairment of the lands. Although the case involved preservation and land-use management statutes, the conflict ultimately came down to the courts’ power under the Administrative Procedure Act (APA to force an agency to comply with a statutory mandate to preserve wilderness areas. After a Utah district court dismissed SUWA’s claims and the Tenth Circuit reversed and remanded, the U.S. Supreme Court granted certiorari in the case and issued a unanimous opinion in June 2004. In Norton v. Southern Utah Wilderness Alliance, the Court dismissed SUWA’s claims for a lack of subject matter jurisdiction, reasoning that the APA does not sanction judicial review of agency inaction unless the action sought to be compelled is “discrete agency action.”

  13. Administration

    DEFF Research Database (Denmark)

    Bogen handler om den praksis, vi kalder administration. Vi er i den offentlige sektor i Danmark hos kontorfolkene med deres sagsmapper, computere, telefoner,, lovsamlinger,, retningslinier og regneark. I bogen udfoldes en mangfoldighed af konkrete historier om det administrative arbejde fra...... forskellige områder i den offentlige sektor. Hensigten er at forstå den praksis og faglighed der knytter sig til det administrative arbejde...

  14. 29 CFR 1979.112 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which... transmitted by the Board to the appropriate court pursuant to the rules of the court....

  15. Shifts in Competences between Member States and the EU in the New Supervisory System for Credit Institutions and their Consequences for Judicial Protection

    Directory of Open Access Journals (Sweden)

    Laura Wissink

    2014-12-01

    Full Text Available The Single Supervisory Mechanism (SSM is a striking example of the tendency within the EU to transfer decisive, regulatory and enforcement powers to the EU level. The SSM involves a complex system of mixed administration in order to ensure effective banking supervision within the Eurozone. Whereas such mixed administration might be necessary in order to achieve effective cross-border supervision, it also creates legal uncertainties due to the different legal orders involved. In this paper, the effect of the mixed administration on formal and substantive judicial protection is discussed.The paper analyses the right of access to the courts in the case of common procedures and certain ECB decisions. Furthermore, it is examined whether the ECB and national competent authorities have adequate powers to carry out supervision within the SSM. Lastly, the paper pursues the issues with regard to substantive judicial protection in greater depth, in particular the right of respect for the home and the rights of defence.

  16. Shifts in Competences between Member States and the EU in the New Supervisory System for Credit Institutions and their Consequences for Judicial Protection

    Directory of Open Access Journals (Sweden)

    Laura Wissink

    2014-12-01

    Full Text Available The Single Supervisory Mechanism (SSM is a striking example of the tendency within the EU to transfer decisive, regulatory and enforcement powers to the EU level. The SSM involves a complex system of mixed administration in order to ensure effective banking supervision within the Eurozone. Whereas such mixed administration might be necessary in order to achieve effective cross-border supervision, it also creates legal uncertainties due to the different legal orders involved. In this paper, the effect of the mixed administration on formal and substantive judicial protection is discussed.The paper analyses the right of access to the courts in the case of common procedures and certain ECB decisions. Furthermore, it is examined whether the ECB and national competent authorities have adequate powers to carry out supervision within the SSM. Lastly, the paper pursues the issues with regard to substantive judicial protection in greater depth, in particular the right of respect for the home and the rights of defence.

  17. An Evaluation of Three Driving-Under-the-Influence Courts in Georgia.

    Science.gov (United States)

    Fell, James C; Tippetts, A Scott; Ciccel, J Decarlo

    2011-01-01

    Following the model of Drug Courts, three Georgia Driving-Under-the-Influence (DUI) Courts (established in Chatham, Clarke, and Hall Counties in 2003) were designed to address the underlying alcohol problems of repeat DUI offenders through continuous and frequent judicially supervised treatment, periodic alcohol and other drug testing, the use of graduated sanctions, and other appropriate rehabilitative services. A team comprised of a judge, court personnel, probation officials, and treatment providers met regularly to assess offender progress, and offenders met biweekly with the judge to report their progress. An impact evaluation showed after 4 years of exposure that when the DUI Court graduates were combined with the DUI Court terminated offenders (Intent to Treat Group), the DUI Court offenders had significantly lower recidivism rates: 38 percent lower than a Contemporary Group of offenders and 65 percent lower than a Retrospective Group of offenders. The DUI Court Intent to Treat Group had a significantly lower recidivism rate: 15 percent compared to 24 percent for a group of matched offenders from three similar counties in Georgia (Contemporary Group) and a 35 percent rate for matched offenders from the same counties as the DUI Court who would have been eligible for the DUI Court had it been in existence (Retrospective Group). Offenders who were terminated from the DUI Courts for various reasons had a recidivism rate of 26 percent. It is estimated that the DUI Courts prevented between 47 and 112 repeat arrests during a four year period due to the reduced recidivism associated with them.

  18. Supreme Court's New Term. Supreme Court Roundup.

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  19. A Study on the Standardization of Court Interpretation and Suggestions in China

    Institute of Scientific and Technical Information of China (English)

    张慧

    2016-01-01

    In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and main-tain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely im-portant. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover, some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.

  20. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  1. Does the justice concur witn court adjudication of criminal case?

    Directory of Open Access Journals (Sweden)

    Berova D.M.

    2014-12-01

    Full Text Available Two formulas are confronted in the article: “justice in the Russian Federation is administered only by court” and “court adjudicates criminal cases”. Different scientific standpoints are analyzed. The viewpoint on justice as any court procedural activity (including pre-trial control of preliminary investigation bodies and arguments justifying it are studied, notably justice is not only judicial proceeding and conclusion on guilt and liability, but also deciding issues on arrest, search, taking other measures of criminal procedure constraint. The author proposes to consider justice in its direct meaning and in the narrow sense as the court activity on trying and adjudicating criminal cases. The rest of the court’s functions including the function of pre-trial control of preliminary investigation bodies cannot be considered as justice. The criminal case adjudication totally concurs with justice, and “justice” remains the priority legislative term. It is proved that justice as criminal case adjudication begins in the stage of preparing for judicial sitting, but it is executed in all the following degrees of jurisdiction and also when reopening the case due to newly discovered facts. In such cases reversal and revision of a sentence are possible, which is court’s prerogative forming a justice function. The judicial proceeding in the stage of executing a sentence is not considered as justice because in this case the sentence is not reversed or revised, its legality and validity are not examined and questioned, but execution of punishment can be amended.

  2. 行政规划法律属性的三维度量--以司法救济为导向%Study on the Three-dimensional Measurement of Legal Attribute for Administrative Planning:Taking Judicial Remedy as an Orientation

    Institute of Scientific and Technical Information of China (English)

    朱军

    2015-01-01

    As a product of the development of modern administration law, the status of administrative planning in the field of administrative law is more and more prominent, but the behavior of the complexity of the qualitative restricts its development, especially in case of lack of judicial remedy space. The administrative planning behavior in time, space, content and their different perspectives lead to controversial on behavior qualitative. No matter the phased definition of course dimension, the progressive definition of hierarchy dimension or the elaborate definition of content dimension, each of them has its own merits. It is a crucial problem in the field of administration planning to deal with the relations between the nature of administrative planning under different dimensions and the judicial relief.%行政规划作为现代行政行为法发展的产物,其在行政法领域的地位越来越突出,但是该行为定性的复杂程度制约了其发展,尤其是在缺少司法救济空间的情况下。行政规划行为在时间、空间、内容以及考察视角上的不同,导致了其在行为定性上存在争议。过程维度的阶段型界定、层级维度下的递进性界定和内容维度下的铺陈式界定,在司法救济上各有千秋。处理好不同维度下行政规划的性质与司法救济的关系,是行政规划法领域至关重要的问题。

  3. El uso de la información judicial (The use of judicial information

    Directory of Open Access Journals (Sweden)

    Volkmar Gessner

    2011-02-01

    . Although empirical data on courts and judicial systems are frequently discussed in comparative as well as in economic and sociological studies it turns out that the actors of court reform projects such as judges, law professors, civil servants or politicians don’t make adequate use of them. The paper posits that the reasons are of a structural nature which assigns different social roles to those actors. One solution may be the creation of specialized research institutions. A much wider, more pluralistic and more democratic approach is internet transparency which gives access to all kinds of documents including court statistics and empiricial studies to the general public. In order to get an impression of the practice of court transparency a large number of court websites were visited and ranged according to their content. The top positions reached only some anglosaxon and us-american websites which offer legal, economic, organizational as well as empirical information and even offer assistance for using the data. Those efforts may still not reach their purpose if the information isn’t recalled. In order to measure the actual use of the contents of court websites it is insufficient to count the visits. One needs to know more about the concerns leading to those visits. Fortunately, we have found one (Mexican website which offers information about the visitors: their concerns, their “story” and even their names and (sometimes place of residence. These petititions have been carefully evaluated and are discussed in the article. It turns out that empirical information about courts and judicial practices is in high demand. Internet transparency seems to be successful although the best forms of offering information still have to be found. Download this paper from SSRN: http://ssrn.com/abstract=1837314

  4. PROCEDURAL AND SUBSTANTIVE JUDICIAL REVIEW OF THE RIGHT TO HEALTH IN BRAZIL

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2015-01-01

    Full Text Available This text seeks to identify the objective and subjective aspects of rights to an existential minimum in health care, based on international parameters which, because they are restricted to the internal scope of a nation, depend on a constitutional basis and on comprehensible facts, the demonstration of which should be the responsibility of the national administrative authority. Regarding the judicial review of the minimum right to healthcare, this paper points out that it is a serious mistake to try to handle public health conflicts according to the typical judicial principles governing conflicts under private law, because that distorts the public health system, with judicial orders that depart from the universal access to health care and that are often impossible to comply with. The article concludes that the judicial review of administrative authorities in matters involving the right to health necessarily requires simultaneous judicial review of the corresponding administrative procedures.

  5. Judicial Labor Relations in the European Union

    Directory of Open Access Journals (Sweden)

    Georgeta MODIGA

    2015-09-01

    Full Text Available The European social law represents the branch of the international labor law consisting of the regulations in this matter adopted by the Council of Europe, respectively the European Union. If the instruments elaborated within the Council of Europe are, in virtue of its objectives, limited as number, the law elaborated within the European Union, known as „community social law" knew full expansion in the latest years. In the current language, we are witnessing a confusion of terms, the collocation „European social law” being attributed either to the law created through the conventions and agreements of the Council of Europe, as „European” in title, or the law consisting of the regulations and directives of the European Union. In reality, in our opinion, both sets of regional norms, together, represent a new branch of international law, maybe insufficient grounded theoretically, the social European law. The work relations related to the European social law are not established only in the sector of production of material goods, but also in the section of nonproductive activities such as those units (economic agents, private and judicial entities, state or private, institutions, administrative authorities etc. which hire personnel for management or execution positions, in productive or nonproductive sectors (hold and exert administrative, sanitary etc. positions. The social work relations stemming from the individual labor contract have a leading position from the other typical or atypical forms, judicial work relations in the European social law and the law of the EU member states.

  6. Treatment Services in Adult Drug Courts: Report on the 1999 National Drug Court Treatment Survey. Drug Courts Resource Series.

    Science.gov (United States)

    Pexton, Elizabeth A.; Gossweiler, Robert

    In October 1999, National Treatment Accountability for Safer Communities (TASC), in cooperation with the Office of Justice Programs, Drug Courts Program Office and the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, developed and distributed a questionnaire designed to describe substance abuse…

  7. Abortion 1982: the Supreme Court once again.

    Science.gov (United States)

    Healey, J M

    1982-11-01

    . Bolton original abortion decisions, the Supreme Court as an institution finds itself at this time at 1 of those many critical junctures with enormous implications for the distribution of power among the 3 branches of government. The abortion cases reflect the conflict over the appropriate roles of the legislative and judicial branches of government in a complex public policy area.

  8. Los retos del periodismo judicial

    Directory of Open Access Journals (Sweden)

    Lic. Javier Ronda Iglesias

    1999-01-01

    Full Text Available El periodista se consolida como un nuevo habitante de la administración de justicia. Es habitual su presencia para cubrir las numerosas informaciones que genera el complejo mundo judicial. Señala el autor que la fiebre por esta información especializada sigue creciendo cada día, ya que interesa al público y a los medios de comunicación. Este auge por la información judicial o de tribunales exige una mayor preparación específica del profesional, que redundará en la mejora de la calidad y veracidad de este hacer periodístico. Por ello, en este artículo se facilitan una serie de usos y recomendaciones para desarrollar convenientemente el periodismo judicial.

  9. Judicial review of Shaik's medical parole a viable option

    African Journals Online (AJOL)

    Dr. Loammi Wolf

    2005-06-02

    Jun 2, 2005 ... are part of the judicial branch to the other extreme of their being part of the executive, ... prosecutors in Bad Kreuznach, who refused to drop charges against ..... administrative action to the exercise of a public power, Wiechers ...

  10. 41 CFR 105-70.042 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 105-70.042 Section 105-70.042 Public Contracts and Property Management Federal Property Management Regulations System (Continued) GENERAL SERVICES ADMINISTRATION Regional Offices-General...

  11. Imaginaries of Judicial Practices in Cali, Colombia

    Directory of Open Access Journals (Sweden)

    Lina Buchely

    2015-05-01

    Full Text Available This article explores the emotions of users and functionaries involved in the justice system and the administration of justice in Cali, Colombia. The analysis presented argues that the state not only employs a bureaucratic rational language but also invokes emotions and feelings. In this sense, it is not only the central imaginaries of the state justice system and judicial processes but also the idea of justice itself that is marked by tediousness, delay and chaos, imaginaries of the system that were identified by the users and the officials involved in the administration of the system. There is no justice if it is not a process that is tedious, marked by ritual, mysticism, disorder and difficulties. These findings demonstrate that, against liberal discourses that emphasize the order, unity and rationality of public actions, that the power of the state actually operates through the disaggregated, the irrational and the emotional, a much wider and inexplicable framework.

  12. 45 CFR 201.7 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... after it has been notified of such determination, file with the U.S. Court of Appeals for the circuit in... transmitted by the clerk of the court to the Secretary, the Secretary thereupon shall file in the court the..., United States Code. The court is bound by the Secretary's findings of fact, if supported by...

  13. 20 CFR 725.482 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... aggrieved by a final order of the Benefits Review Board may obtain a review of that order in the U.S. court of appeals for the circuit in which the injury occurred by filing in such court within 60 days... such proceeding unless ordered by the court. No stay shall be issued unless the court finds...

  14. Legal Regulations of Activities of Vladikavkaz High Court Division VTSIK during the Transition of Extreme-Decretive to Codified Law (1921–1923

    Directory of Open Access Journals (Sweden)

    Tatyana G. Sudakova

    2014-09-01

    Full Text Available The article deals with legal foundations of extreme justice system since 1917 to 1923 and the issues related to organization of Vladikavkaz High Court Division VTSIK. The research states, that after adoption and introduction of the PC and CPC in the judicial practice in 1922, the centralized control over high courts was enhanced.

  15. Organic Law Of Judicial Guarantees And Constitutional Control

    Directory of Open Access Journals (Sweden)

    Ernesto López Freire

    2013-01-01

    Full Text Available This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.

  16. JUDICIAL SYSTEM OF THE VOLOGDA PROVINCE DURING THE FIRST WORLD WAR

    Directory of Open Access Journals (Sweden)

    Sergei Evgenievich Strakhov

    2014-10-01

    Full Text Available In today's world, a crucial role is played by the judiciary. In the period lasting judicial reform, it is important to explore this institution not only at the present stage, but also to trace the history of its development, including - at a landmark in the history of Russian stage of the First World War.The purpose of this study - to investigate the status and the legal regulation of the judicial system, as well as - the status of the judicial institutions of theVologdaprovince during the First World War.Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the knowledge of the judicial system of theVologdaprovince, to understand the structure of the judiciary, the legal regulation of their status and activities in the First World War.The author uses historical, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research.The author analyzes the status and regulation of the judicial system, as well as - the status of the judicial institutions of the Vologda province during the First World War, concluding that the judicial institutions of the Vologda province in the period under review was based on the establishment of institutions of court, 1864, as supplemented by the Law of the transformation local court in 1912, according to which the competence of Congress restored magistrates and parish court becomes part of the general judicial system.The results of this study are scientific and practical value, because they can be useful for teaching students - in the industrial discipline "judiciary" and general theoretical "History of State and Law," "History of the fatherland"; in science - by picking up information about the judicial system of the Vologda province, and in practice - said the work can be useful to practitioners of the judiciary, in order to understand the place of the judiciary in the system of state power during the First

  17. Adapting judicial supervision to the risk level of drug offenders: discharge and 6-month outcomes from a prospective matching study.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Lee, Patricia A; Benasutti, Kathleen M

    2007-05-01

    This article reports recent findings from a program of experimental research examining the effects of adapting judicial supervision to the risk level of drug-abusing offenders. Prior studies revealed that high-risk participants with (1) antisocial personality disorder or (2) a history of drug abuse treatment performed significantly better in drug court when they were scheduled to attend frequent, bi-weekly judicial status hearings in court. Low-risk participants performed equivalently regardless of the schedule of court hearings. The current study prospectively matched misdemeanor drug court clients to the optimal schedule of court hearings based upon an assessment of their risk status, and compared outcomes to those of clients randomly assigned to the standard schedule of court hearings. Results confirmed that high-risk participants graduated at a higher rate, provided more drug-negative urine specimens at 6 months post-admission, and reported significantly less drug use and alcohol intoxication at 6 months post-admission when they were matched to bi-weekly hearings as compared to the usual schedule of hearings. These findings yield practical information for enhancing the efficacy and cost-efficiency of drug court services. Directions for future research on adaptive programming for drug offenders are discussed.

  18. Promoting Justices: Media Coverage of Judicial Nominations in Israel

    Directory of Open Access Journals (Sweden)

    Bryna Bogoch

    2014-10-01

    Full Text Available This paper compares the framing of the coverage of judicial appointments in Israel in 2008 in two newspapers with nomination news from preceding years and to the patterns of press coverage in the U.S. A content analysis of 101 Supreme Court nomination articles indicated that unlike the political frame of American coverage, the press in Israel preserves its ostensible commitment to the professionalism of judges while linking the Supreme Court to political maneuvering in the selection of candidates. These findings are discussed within the context of the media's role in constructing judicial nominations as a debate about the role of the Supreme Court in Israeli society. Este artículo compara el marco de la cobertura de los nombramientos judiciales en Israel en 2008 en dos periódicos, con noticias de nombramientos de años anteriores y en los Estados Unidos, con los patrones de cobertura de prensa en los EE.UU. Un análisis de contenido de 101 artículos de nombramientos de la Corte Suprema indicó que, a diferencia del marco político de la cobertura de América, la prensa en Israel consierva su aparente compromiso con la profesionalidad de los jueces, a pesar de que relaciona la Corte Suprema con maniobras políticas en la selección de candidatos. Estos resultados se discuten en el contexto del papel de los medios de comunicación en la construcción de los nombramientos judiciales como un debate sobre el papel de la Corte Suprema en la sociedad israelí. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2478756

  19. 20 CFR 410.670c - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 410.670c... involving the application of circuit court law. (a) The Administration will apply a holding in a United... determination or decision between the date of a circuit court decision and the date an Acquiescence Ruling...

  20. Don’t Tug on Superman’s Cape: In Defense of Convening Authority Selection and Appointment of Court-Martial Panel Members

    Science.gov (United States)

    2003-04-01

    judicial functions. See UCMJ art. 16(2) (2002). Procedurally, the court-martial panel interacts at trial in a manner virtually unknown to the modem...Court--the Aula Regis--that William the Conqueror brought with him to England.46 The court was physically located with the king and had a broad...jurisdictional mandate that included military matters.47 Under Edward I, the Aula Regis was subdivided to provide for a separate military justice forum. 48

  1. Incorporating a Sophisticated Supreme Court Simulation into an Undergraduate Constitutional Law Class

    Science.gov (United States)

    Fliter, John

    2009-01-01

    Role-playing activities and simulations have been popular teaching tools in political science courses for many years. One area where simulations and role-playing activities have been used extensively is constitutional law. These projects can range from a short judicial decision-making scenario to a full-semester Supreme Court simulation involving…

  2. In the public interest: intellectual disability, the Supreme Court, and the death penalty.

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

    This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed.

  3. Judicialização da política e controle judicial de políticas públicas Judicialization of politics and the judicial review of public policies

    Directory of Open Access Journals (Sweden)

    Estefânia Maria de Queiroz Barboza

    2012-06-01

    Full Text Available O presente artigo analisa a judicialização da política demonstrando que não se trata apenas de um fenômeno brasileiro, mas de algo comum a diversos países ocidentais. Esse movimento tem sofrido severas críticas, que questionam a sua legitimidade e apontam o esvaziamento da esfera política. Em contraponto, é traçado um paralelo com a doutrina da autorrestrição judicial, a qual defende que as questões políticas devem ser enfrentadas pelos poderes eleitos. Por fim, procura-se demonstrar, por meio da análise de decisões do STF e do STJ, como o Poder Judiciário brasileiro tem se manifestado em questões de políticas públicas, de modo a realizar os direitos fundamentais plasmados na Carta de 1988.This paper aims to analyze the so-called judicialization of politics, showing that it is not just a Brazilian experience, but a common one in several Western countries. This movement has been very criticized concerning its political legitimacy and the exhaustion of political sphere. from the other hand the article analyzes the theory of judicial restraint, which defends that political questions should be decided by elected powers. Finally, it demonstrates through the analysis of Brazilian Supreme Court's (STF decisions and other Courts decisions such as STJ how Brazilian Judicial Power has faced issues of public policies in order to enforce basic rights present in the Brazilian Constitution of 1988.

  4. JUDICIAL ADJUDICATION IN HOUSING RIGHTS IN BRAZIL AND COLOMBIA: A COMPARATIVE PERSPECTIVE

    OpenAIRE

    Valle, Vanice Regina Lírio do

    2014-01-01

    Cooperative constitutionalism is the watchword in the 21st. century, and the creation of a judicial network is an important tool to improve human rights protection. This paper intends to contribute in that field, reporting the constitutional framework and the main decisions held by the Brazilian and the Colombian Constitutional Courts in protecting housing rights. The comparison is justified by the historical proximity in the juridical transition in both countries – 1988 in Brazil and 1991 in...

  5. 49 CFR 1016.310 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Judicial review. 1016.310 Section 1016.310 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... Judicial review. Judicial review of final Board decisions on awards may be sought as provided in 5...

  6. 44 CFR 7.15 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 7.15 Section...-Assisted Programs-General § 7.15 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  7. 14 CFR 1250.110 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1250.110 Section 1250.110... PROGRAMS OF NASA-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1250.110 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section...

  8. 42 CFR 423.2136 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.2136 Section 423.2136 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by sections...

  9. 36 CFR 1150.104 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Judicial review. 1150.104 Section 1150.104 Parks, Forests, and Public Property ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE... Judicial review. Any complainant or participant in a proceeding may obtain judicial review of a final...

  10. 42 CFR 423.1976 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.1976 Section 423.1976 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.1976 Judicial review. (a) Review of ALJ's decision. The enrollee may request...

  11. 32 CFR 195.12 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Judicial review. 195.12 Section 195.12 National... RIGHTS ACT OF 1964 § 195.12 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  12. 33 CFR 140.30 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Judicial review. 140.30 Section... CONTINENTAL SHELF ACTIVITIES GENERAL General § 140.30 Judicial review. (a) Nothing in this subchapter shall be construed to prevent any interested party from seeking judicial review as authorized by law. (b)...

  13. 31 CFR 28.630 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 28.630 Section 28.630 Money and Finance: Treasury Office of the Secretary of the Treasury NONDISCRIMINATION ON THE BASIS... Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20...

  14. 14 CFR 1262.309 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1262.309 Section 1262.309... PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final... United States having jurisdiction to review the merits of the underlying decision of the agency...

  15. 36 CFR 1211.630 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Judicial review. 1211.630... FINANCIAL ASSISTANCE Procedures § 1211.630 Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U.S.C. 1683....

  16. 44 CFR 6.57 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 6.57 Section... SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Requests To Amend Records § 6.57 Judicial review... requestor may seek judicial review of that determination. A civil action must be filed in the...

  17. 44 CFR 62.22 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22 Section 62.22 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a)...

  18. 17 CFR 201.58 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 201.58 Section 201.58 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION RULES OF PRACTICE Regulations Pertaining to the Equal Access to Justice Act § 201.58 Judicial review. Judicial review of...

  19. 31 CFR 92.18 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 92.18 Section 92.18... States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in this subpart may be subject to judicial review pursuant to 5 U.S.C. 701 et seq....

  20. 31 CFR 27.8 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 27.8 Section 27.8... OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of Assessment issued under this party may be subject to judicial review pursuant to 5 U.S.C. 701 et seq....

  1. 31 CFR 6.16 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 6.16 Section 6.16... EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 6.16 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2)....

  2. 42 CFR 422.612 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 422.612 Section 422.612 Public... Judicial review. (a) Review of ALJ's decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of an ALJ's decision if— (1) The Board denied the...

  3. Egyptian court overturns ban on genital mutilation.

    Science.gov (United States)

    1997-07-04

    The ban on female genital mutilation (FGM) performed by health professionals in Egypt was overturned by a June 24 [1997] ruling of Judge Abdul Aziz Hamade of a mid-level administrative court in Cairo. The judge determined that the ministerial decree, which had been implemented last July by Health Minister Ismail Sallam, inappropriately restricted the practice of doctors. According to news reports, the court cited research purporting to show that failure to perform FGM harmed children, as well as quotes from Mohammed, which FGM advocates said endorsed the procedure under Islamic law. Although the court overturned the ministerial decree, it did acknowledge that Parliament could outlaw the practice; however, human rights groups believe the practice is too popular for Parliament to do so. The suit against the ban had been filed by Sheik Youssef al-Badry, a conservative Islamic cleric, and Munir Fawzi, a Cairo gynecologist. In May, Egypt's highest court had recommended to the mid-level court that FGM should be legal. The decision does not effect a ban on the performance of surgery by those without a medical license, including barbers and midwives. It is estimated that 80% of girls in Egypt undergo FGM. Egypt's highest Sunni Moslem authority contests the endorsement of FGM under Islamic law.

  4. IPR Judicial Reform in Japan and Its Experience%日本知识产权司法改革及其借鉴

    Institute of Scientific and Technical Information of China (English)

    张玲

    2012-01-01

    进入21世纪,日本开始实施国家知识产权战略。为了加强知识产权的司法保护,在充分论证的基础上,日本进行了一系列重大的知识产权司法改革。2003年民事诉讼法的修改中,对知识产权案件管辖作了较大调整,设立五人合议庭制,引入专业委员制度;2004年通过了《知识产权高等法院设置法》;强化法院调查官作用。上述改革提升了日本知识产权司法保护的专业化、高效化。我国应在借鉴日本经验的同时,结合国情,设立知识产权上诉法院,推广知识产权庭三审合一,加强专家辅助人制度。通过优化知识产权审判资源配置,实现知识产权审判专业化,提高诉讼效率,保证司法统一。%Japan began to implement the national intellectual property strategy from the early period of the 21st century.In order to strengthen judicial protection of IPR,Japan has carried out a series of significant intellectual property judicial reforms based on sufficient demonstration.For examples,Japan made a major adjustment on the jurisdiction of intellectual property case to set up the Grand Panel of five judges and to introduce Technical Advisor system when the Code of Civil Procedure had been amended in 2003;The Law for Establishing the IP High Court was passed in 2004;Moreover,the role of the investigating officer of the Court has been strengthened.These reforms have promoted the specialization and high efficiency of Japan's judicial protection of IPR.It will be wise for us to take the Japanese experience based on our national situations simultaneously to establish appellate courts for intellectual property,to advocate the model of combining IPR civil,administrative and criminal trials in one tribunal("three-in-one") and to reinforce expert advisor system.Then we will achieve the specialization of IP trial work to improve the litigation efficiency and to ensure the uniformity of justice.

  5. RITUALITY AS A WAY OF ACTUALIZING THE CATEGORY OF OTHERNESS WITHIN THE JUDICIAL DISCOURSE

    Directory of Open Access Journals (Sweden)

    Bogomazova Viktoriya Vladimirovna

    2014-09-01

    Full Text Available The article deals with the rituality as one of the ways of actualizing the category of otherness within the judicial discourse, in general, and the court session, in particular. The author analyzes the relevant features of rituality in the judicial discourse, reveals the categorical connection between the rituality and otherness, the speech means which actualize their interaction. The author gives examples illustrating the actualization of the concept by means of rituality in the texts of court sessions' records. In addition, the author identifies the main communicative strategies and tactics used by the participants of judicial discourse. They serve as a means of expressing the analyzed categories. It is shown that a convict often uses the communicative strategy of self-defense, a defender and/or lawyer – the communicative strategy of defense or psychological impact, the prosecutor often appeals to the strategy of accusation and psychological impact. The author makes conclusion that the ritual character of judicial communication as a whole contributes to the distinction of discourse participants according to the features of "friend" and "enemy" thus actualizing the category of otherness.

  6. Marise Cremona and Ann Thies (Eds.) The European Court of Justice and External Relations Law: Constitutional Challenges

    DEFF Research Database (Denmark)

    Butler, Graham

    2016-01-01

    actor of the Union interacts with law surrounding it, given the constitutional parameters. Over the length of this book review, it will be explained why this publication is a valuable contribution to the understanding of the Court of Justice as a judicial actor in the field of EU foreign policy......Without outlining the challenges and the balancing act that the Court of Justice must always strive to achieve, and the potential pitfalls that ensue, this book is a worthy read for those perplexed about the foreign relations issues of the Union, and those interested in how the primary judicial...... and external relations....

  7. Judges in the Formation of the Nation- State: Professional Experiences, Academic Background and Geographic Circulation of Members of the Supreme Courts of Brazil and the United States

    Directory of Open Access Journals (Sweden)

    Luciano Da Ros

    2010-06-01

    Full Text Available This article compares the career profiles of judges from the highest bodies of the Judiciary in Brazil and the United States of America, examining the biographies of all the ministros of the Supreme Court of Justice (Empire and of the Supreme Federal Tribunal (Republic in Brazil, and of all the justices of the Supreme Court of the United States, appointed until 2008 in both cases. Based on the sociology of political elites perspective, the article examines data concerning academic background, geographic circulation and the different professional experiences — legal, political and linked to the administration of the State’s coercive activity (police or military — lived through by future members of the Supreme Courts of Brazil and the United States so as to identify the types of individuals recommended to join the top bodies of the Judiciary in the two countries. In this sense, different State-building processes are identified on the basis of the examination of Brazilian and US judicial elites, suggesting a more fragmented and diverse trajectory in the case of US justices, and greater homogeneity and centralization in the case of their Brazilian counterparts.

  8. Separate and Unequal: Judicial Culture, Employment Qualifications and Muslim Headscarf Debates

    Directory of Open Access Journals (Sweden)

    Joyce Marie Mushaben

    2013-09-01

    Full Text Available Few European lawmakers have analyzed the implications of Muslim headscarf bans for equal employment opportunity. EU anti-discrimination directives suggest that contradictory member-state approaches will eventually invoke a judicial Community response at national expense. Drawing on the bona fide occupational qualification (BFOQ standard, this study compares the “judicial cultures” of the U.S. Supreme Court, the German Constitutional Court, the European Court of Human Rights (ECHR and the European Court of Justice (ECJ. It argues that while the ECJ initially invoked Roman law precepts shared by a majority of its member-states through the 1980s, it has come to embrace Anglo-American norms stressing individual freedoms over state interests. Given their strong support for equal treatment and social inclusion, EU justices will be more likely than member-state or ECHR judges to overturn existing bans on hejab at the workplace, once such a case makes its way onto the ECJ docket.

  9. The oral trial and the effective judicial protection: Mismatches of the model established in the Law of Civil Procedure

    Directory of Open Access Journals (Sweden)

    Antonio José Vélez Toro

    2017-01-01

    Full Text Available Conciliation, mediation and arbitration are traditional means for the resolution of legal conflicts, which are shaped and promoted as alternatives to the judicial process. Nevertheless, the judicial process, which is the only mean for the resolution of legal conflicts expressly recognized in the Spanish Constitution to exercise the right to an effective judicial protection, is not only the last option to solve the conflict but also the ultimate guarantee of defense against possible breaches occurred within the alternative process chosen. The Spanish juicio verbal (mainly oral and simplified civil procedure in court is the most frequently used procedure in the Spanish Civil and Commercial areas. This is why we intend to approach it from the perspective of the Spanish Constitutional Jurisprudence in order to establish the cases where there is or there has been an impossibility or rejection to exercise the right to an effective judicial protection.

  10. Court-ordered caesareans.

    Science.gov (United States)

    Prochaska, Elizabeth; Lomri, Sara

    2014-11-01

    Court-ordered caesarean sections are in the news after a number of recent legal decisions authorising surgery for women who lack mental capacity to consent. The decisions have not always been based on good evidence and they raise serious concerns about the protection of the rights of mentally ill women. The authors explain the legal process and question the wisdom of recent judgements.

  11. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  12. Supreme Court Roundup

    Science.gov (United States)

    Williams, Charles F.

    2005-01-01

    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  13. Internacionalização e ativismo judicial: as causas coletivas Internationalization and judicial activism: the collective causes

    Directory of Open Access Journals (Sweden)

    Fabiano Engelmann

    2006-01-01

    Full Text Available O artigo pretende fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência de modalidades de advogados engajados na representação judicial de causas coletivas. São analisadas duas dimensões: uma primeira expõe um panorama exploratório das causas coletivas no cenário nacional e internacional, pela catalogação das decisões judiciais na Corte Interamericana de Direitos Humanos e em tribunais brasileiros. Uma segunda dimensão de análise aborda, com base em entrevistas, casos representativos de promoção de causas coletivas nas décadas de 1990 e 2000. Essas duas dimensões permitem avançar a hipótese de que a redemocratização política nacional e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial legitimados no espaço jurídico em diferentes períodos.The article intends the analysis of the relation between the phenomenon of internationalization of Law and the emergency of modalities of lawyers engaged in the judicial representation of collective causes. Two dimensions are analyzed: the first one displays an exploratory panorama of the collective causes in the national and international scene, out of a survey of the profile of demands of the Inter-American Court of Human Rights and Brazilian courts. The second dimension approaches, from interviews, representative cases of promotion of collective causes in the decades of 1990 and 2000. These two dimensions allow to advance the hypothesis that the national political redemocratization and the constitution of international networks of circulation of political and legal causes contribute for the definition of the profiles of judicial activism legitimated in the legal space in different periods.

  14. 29 CFR 1981.112 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided... the appropriate court pursuant to the rules of the court....

  15. 29 CFR 1978.110 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the person resided on the date of the violation (49 U.S..., to the appropriate court pursuant to the rules of such court....

  16. 破产法中法院审判职能的理性回归与改革路径探析%Bankruptcy Court Judge in the Function of the Rational Return and Reform Path in this Pape

    Institute of Scientific and Technical Information of China (English)

    陈义华

    2012-01-01

    本文认为,新破产法对法院的职能定位存在着公权越位和私权错位的立法失误。当前破产法中法院职能应向"去行政化"与"去民事化"方向改革,以实现破产审判职能的理性回归。在"去行政化"改革方面,可以在现行司法行政体系内设置破产管理人监管处(科)的司法行政管理部门,并推行破产管理人执业许可制度;在"去民事化"改革方面,在破产管理人的选任和报酬确定上,则应实行以债权人会议决定为主、人民法院指定为辅的立法模式。%The functional orientation of new bankruptcy law exists offside public rights and proprietary dislocation of legislative faults. The current in the law the function of the bankruptcy court should be Toward reform to "go administration is changed" and "to the civil",in order to realize the bankruptcy reform trial function the rational return.In terms of reform to "go administration is changed" , should be in judicial administrative system installed in bankruptcy administrator supervision (division) in the judicial ad- ministrative departments,and promote bankruptcy administrator practice license system;In terms of reform to "to the civil" ,should determine the creditors" meeting decided to give priority to,the people's court to designate as the auxiliary legislation mode in bankruptcy administrator of the selection and reward.

  17. O CASO MARBURY V. MADISON: O NASCIMENTO DO JUDICIAL REVIEW COMO ARTIFÍCIO POLÍTICO / THE CASE MARBURY V. MADISON: THE BIRTH OF JUDICIAL REVIEW AS A POLITICAL ARTIFICE

    Directory of Open Access Journals (Sweden)

    Ana Luiza Saramago Stern

    2016-12-01

    Full Text Available The case Marbury v. Madison is written in history as the leading case of judicial review in the Supreme Court of United States of America, but a closer analysis reveals a decision that, beyond its juridical content, had a strong political content. This paper studies the political context of the first years of XIX century in United States to claim, from the critical lecture of chief justice Marshall’s decision, the political dispute and the statement of power that leaves behind the juridical affirmation of Supreme Court as the guardian of the Constitution. In a historical period in which the state bodies of the rising north-American republic are yet disputing their spaces of power, the Marbury v. Madison decision affirms an important power of the American Supreme Court, by constructing in juridical terms its power to control the constitutionality, but, never the less, politically establishing for the young Supreme Court a new branch of power.

  18. Advice and Consent vs. Silence and Dissent: The Contrasting Roles of the Legislature in U.S. and U.K. Judicial Appointments

    OpenAIRE

    Clark, Mary L.

    2011-01-01

    The Senate’s role in judicial appointments has come under increasingly withering criticism for its uninformative and “spectacle”-like nature. At the same time, Britain has established two new judicial appointments processes—to accompany its new Supreme Court and existing lower courts—in which Parliament plays no part. This Article seeks to understand the reasons for the inclusion and exclusion of the legislature in the U.S. and U.K. judicial appointment processes adopted at the creation of th...

  19. [The thesis of judicialization of health care by the elites: medication for mucopolysaccharidosis].

    Science.gov (United States)

    Medeiros, Marcelo; Diniz, Debora; Schwartz, Ida Vanessa Doederlein

    2013-04-01

    This paper evaluates the hypothesis that the judicialization of medicine for mucopolysaccharidosis in Brazil is an action promoted by economic elites. Previous studies upholding the thesis of judicialization by elites in the case of other types of medication that are more costly for the Unified Health Service are discussed. An analysis of all 196 processes containing information about judicial processes brought to court between February 2006 and December 2010 that ended by determining that the State should provide such medication free of charge to patients was conducted. There is evidence that attorneys' fees were covered by entities interested in the results of judicialization, such as the distributors or pharmaceutical industries. Patients may also be migrating for diagnosis and treatment to university centers that are a benchmark for medical innovation in the country, as the option for public health services is related to their higher technical and scientific capacity. Therefore, the resort to private lawyers, indicators of social exclusion based on the address of patients and the use of public health services, are not adequate class information to corroborate or refute the thesis of judicialization by the elites.

  20. University Court As An Element Of The University’s Legal Status In The Russian Empire

    Directory of Open Access Journals (Sweden)

    Tatyana I. Eremina

    2014-12-01

    Full Text Available It the present article legal bases of university courts, which worked in the pre-revolutionary Russian universities since 1757 is researched. In the article, in the chronological order main decrees and statutes regulating activities of the university courts are analyzed. Particular attention is paid to the university statute of the year 1804 and 1863, as well as projects and decrees that resulted after the First Russian Revolution of 1905-1907. Peculiarities of the university courts work in the universities that had their own charters: Dorpat (Yuriev, Kharkov are researched. In the article Rules on the procedures of university courts, which ware developed in each university, approved by the trustee of the study district and which differed in some provisions, in particular, on the list of punishments and penalties for students in case of breaking rules are analyzed. It is shown that university teachers and students during existence of university courts did not extend to general civil jurisdiction. Existence of university courts is considered in the article as one of the conditions for existence of university autonomy. In conclusion, author notes that activities of university disciplinary courts were viewed from the standpoint of the general proceedings. But such approach leads to the fact that existence of a "backup" judicial authority in the university becomes impractical. The confirmation is the absence of provisions on the university court in the projects of university regulations, developed in the early XX century.

  1. On court interpreters' visibility

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    This paper is part of the initial stage of a larger empirical research project on court interpreting seen as a complex interaction between (at least) three co-participants. The empirical material consists of recordings of interpreted interrogations in court room settings and questionnaires filled...... of the service they receive. Ultimately, the findings will be used for training purposes. Future - and, for that matter, already practising - interpreters as well as the professional users of interpreters ought to take the reality of the interpreters' work in practice into account when assessing the quality...... of the service rendered/received. The paper presents a small-scale case study based on an interpreted witness interrogation. Recent research on the interpreter's role has shown that interpreters across all settings perceive themselves as "visible" (Angelelli 2003, 2004). This has led us to focus...

  2. 5 CFR 838.1010 - Court orders or decrees preventing payment of lump sums.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Court orders or decrees preventing payment of lump sums. 838.1010 Section 838.1010 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... Affecting Civil Service Retirement Benefits § 838.1010 Court orders or decrees preventing payment of...

  3. Court lets stand ruling barring lawsuit by plaintiff on SSDI.

    Science.gov (United States)

    1997-03-01

    The U.S. Supreme Court let stand a ruling barring a plaintiff from suing his former employer for AIDS discrimination because his acceptance of disability benefits indicated that he was no longer covered by the Americans with Disabilities Act (ADA). The appeal was brought by [name removed], an assistant store manager who sued the Disney Stores after he was fired. The 3rd U.S. Circuit Court of Appeals said that [name removed] was judicially estopped from suing because he cannot be a qualified individual with a disability under the ADA if he accepts Social Security disability benefits. This case means that persons with AIDS could forfeit their legal rights under the ADA unless they are careful how they apply for disability benefits. The ruling prevented [name removed] from obtaining a trial on his claim that he was fired on a charge of theft as a pretext for AIDS discrimination.

  4. Judicial Review System in Perspective of State Governance System Modernization--Improving Current Administrative Procedure Law as Center%国家治理体系现代化视野中的司法审查制度--以完善现行《行政诉讼法》为中心

    Institute of Scientific and Technical Information of China (English)

    湛中乐; 赵玄

    2014-01-01

    It is pointed out in the third session of the eighteenth central committee of the CPC that the overall goal of deepening reform is improving and developing the socialist system with Chinese characteristics, in order to promote the modernization of the state governance system and ability. The state governance system modernization is in great degree the same as the rule of law system modernization. Since the judicial review system, which plays the roles of citizens’ legal rights and interests protection, government administration according to the law supervision and administrative dispute resolution, is indispensable in the entire rule of law system, its improvement will necessarily and effectively promotethe state governance system modernization in this new integrated rule of law construction era of the state, the government and the society. So the key to improve the administrative procedure law is to eliminate the institutional barriers in filling, trial and enforcement, targetedly building a judicial review system being commensurate with the state governance system modernization.%党的十八届三中全会指出,全面深化改革的总目标是完善和发展中国特色社会主义制度,推进国家治理体系和治理能力现代化。国家治理体系现代化在很大程度上就是法治体系现代化。而作为保障公民合法权益、监督政府依法行政、解决行政争议的司法审查制度在整个法治体系中不可或缺。在法治国家、法治政府和法治社会一体建设的新时期,司法审查制度的完善必将助力于国家治理体系现代化的有效推进。完善《行政诉讼法》的关键在于消除立案难、审判难、执行难的制度性障碍,有针对性地构建与国家治理体系现代化相称的司法审查制度。

  5. Adaptive Interventions in Drug Court: A Pilot Experiment.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Arabia, Patricia L; Dugosh, Karen L; Benasutti, Kathleen M; Croft, Jason R; McKay, James R

    2008-01-01

    This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to "nip problems in the bud" before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial.

  6. 5 CFR Appendix A to Subpart A of... - Addresses for Serving Court Orders Affecting CSRS or FERS Benefits

    Science.gov (United States)

    2010-01-01

    ... Affecting CSRS or FERS Benefits A Appendix A to Subpart A of Part 838 Administrative Personnel OFFICE OF... BENEFITS Court Orders Generally Pt. 838, Subpt. A, App. A Appendix A to Subpart A of Part 838—Addresses for Serving Court Orders Affecting CSRS or FERS Benefits (a) The mailing address for delivery of court...

  7. INSTRUMENTS TO ASSURE THE UNITY OF THE JUDICIAL PRACTICE IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Mihai Adrian HOTCA

    2011-08-01

    Full Text Available In the new Code of penal procedure and the new Code of civil procedure, it is proposed the creation of a new mechanism for the unification of the judicial practice which should contribute, along with the appeal in the interest of the law, to the creation of predictable jurisprudence and should have as effect the shortening of the process duration. It concerns: the request to settle a law issue on which the settlement of a trial depends, legal issue that was not unitarily settled in the practice of the courts; the notification of the High Court of Cassation and Justice is made ex officio or upon the request of the parties after contradictory debates and if the conditions stipulated by law are met, through a conclusion that is not subject to any appeal possibility; in order to assure the efficiency of this new mechanism, the decision of the High Court of Cassation and Justice, published in the Official Gazette, will have a binding character both for the court that formulated the application of clarification of the issue and for all the other courts.\\r\

  8. Therapeutic jurisprudent analysis: A study of intersex from the rulings of the Constitutional Court

    Directory of Open Access Journals (Sweden)

    Olga Lucia Camacho Gutiérrez

    2016-12-01

    Full Text Available From the perspective of therapeutic jurisprudence in the study of judicial cases, a review was made of the nine judgments that the High Court of the Colombian Constitutional Jurisdiction has issued up to now on the most important legal problem related to intersexuality, that is, obtaining informed consent in sex reassignment or standardization procedures. The legal rule adopted as judicial precedent generates possible therapeutic or antitherapeutic effects depending on how the obtaining of informed consent privileges the exercise of the autonomy of the intersex minor, or that of the legal representatives

  9. Clinchfield Coal Co. v. District 28, United Mine Workers: a standard for judicial review of labor arbitration awards

    Energy Technology Data Exchange (ETDEWEB)

    Woody, C.L.

    A review of the Clinchfield Coal Company case suggests that the Fourth Circuit Court may be expanding the limitations that the Steelworkers Trilogy established in terms of the judicial review standards in federal labor law. The decision signals coal companies that the parties to collective bargaining agreements are responsible for the quality of their arbitrators in keeping with the philosophy of industrial self-government. If new standards are evolving, it may indicate that such self-government is not working. If the industry seeks court review, it may end up with decisions that are more onerous in the long term than isolated arbitration decisions.

  10. AWARDING THE ATTORNEY’S FEES IN THE ROMANIAN CIVIL TRIAL, CREATING CONSISTENCY IN THE ROMANIAN COURTS PRACTICE

    Directory of Open Access Journals (Sweden)

    Beatrice Onica Jarka

    2009-11-01

    Full Text Available * This paper has been prepared within the research project „Standardization of Judicial Practice and Harmonization With the ECHR Jurisprudence, a Mandatory Condition to Enforce Justice. Legislative Proposal to Grant Aconsistent Judicial Practice” (ID-1094 financed by the Romanian Minister of Education, Research, Youth and Sports.The article focuses on the practice of the Romanian Courts in awarding the attorneys’ fees of the awarded litigating party in the Romanian civil trial and the dichotomy between the different approaches of the attorney’s fees incurred by the awarded litigating party. An analysis of the criteria used for obliging the default litigating party to pay the attorneys’ fees of the awarded litigating party as judicial expenses shall be made to show the interdependence of the material provisions governing the legal assistance contract and the procedural relation created between the default litigating party and the awarded litigating party in the civil trial. The article shall consider the lack of substance of the abuse of law and the delictual liability as a reasoning used by the Romanian Courts in decreasing or not awarding the attorneys’ fees as judicial expenses for the awarded party and the criteria applied by the European Court of Human Rights for such cases as an instrument of creating consistency in the Romanian Courts practice in this field.

  11. 42 CFR 423.2140 - MAC Review of ALJ decision in a case remanded by a Federal District Court.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false MAC Review of ALJ decision in a case remanded by a... BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2140 MAC Review of ALJ decision in..., when a case is remanded by a Federal District Court for further consideration and the MAC remands the...

  12. Methods of lawmaking of the European Court of Human Rights: Do hard cases make bad law? : A case study

    NARCIS (Netherlands)

    Bierkens, Ilona; Vlieks, Caia

    2015-01-01

    In the spirit of Professor Willem Witteveen and his academic fondness for judicial lawmaking, this article analyses the methods of lawmaking by the European Court of Human Rights in ‘hard cases’. To this end, a case study on the ‘hard’ topics of euthanasia and assisted suicide is conducted in light

  13. Methods of lawmaking of the European Court of Human Rights: Do hard cases make bad law? : A case study

    NARCIS (Netherlands)

    Bierkens, Ilona; Vlieks, Caia

    2015-01-01

    In the spirit of Professor Willem Witteveen and his academic fondness for judicial lawmaking, this article analyses the methods of lawmaking by the European Court of Human Rights in ‘hard cases’. To this end, a case study on the ‘hard’ topics of euthanasia and assisted suicide is conducted in light

  14. 31 CFR 29.406 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.406 Section 29.406 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS Claims and Appeals Procedures § 29.406 Judicial...

  15. 49 CFR 397.225 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate...

  16. 31 CFR 29.515 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.515 Section 29.515 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... Overpayments § 29.515 Judicial review. An individual whose request for reconsideration has been denied...

  17. 40 CFR 173.9 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 173.9 Section 173.9 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS PROCEDURES GOVERNING... Judicial review. The State may appeal an order rescinding, in whole or in part, its primary...

  18. 32 CFR 776.5 - Judicial conduct.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Judicial conduct. 776.5 Section 776.5 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY MISCELLANEOUS RULES PROFESSIONAL CONDUCT... § 776.5 Judicial conduct. To the extent that it does not conflict with statutes, regulations, or this...

  19. MANAGERIAL APPROACH ON THE ROLE AND RESPONSABILITY OF THE PRESIDENT OF THE COURT AND THE INDIVIDUAL PERFORMANCE OF JUDGES

    Directory of Open Access Journals (Sweden)

    E. Muscalu

    2014-12-01

    Full Text Available The purpose of this study is to understans how the quality of the court is bound to the role of the court presidents in Romania, who, for the proper administration of the departments and the divisions of the court, must assume a leadership role. Efficiency depends on how they use their knowledge, their behavior and attitudes as personal example to create an environment in which subordinates, judges and court personnel, are fully involved in achieving the objectives of the institution.

  20. Application of‘Discretionary Contraction Theory' to Judicial Practice--Based on Administrative Reconsideration Cases%“裁量收缩理论”在国内司法实践中的运用--以行政复议案例为基础的整理

    Institute of Scientific and Technical Information of China (English)

    韩思阳

    2012-01-01

      国内部分法院已有意无意地运用裁量收缩理论作出裁判,行政复议领域的张成银案与彭淑华案是其中的代表。两案作为典型案例可能已对下级法院的裁判产生了影响。裁量收缩理论并非万能,其优势在于可以迅速修补僵化的立法、避免曲解现有立法,可以仅通过个案约束裁量权,而非通过立法整体性地取消裁量权。其劣势在于其作用仅限于控制裁量权层面,且易导致司法权的过度扩张。%  The discretionary contraction theory is applied in some domestic courts consciously or unconsciously, such as the Zhang Chengyin case and the Peng Shuhua case in the field of administrative reconsideration, which may already affect the lower court judgment as typical cases. However, the discretionary contraction theory is not a panacea. Although it has the advantages such as quick repair of the rigid legislation, avoidance of law misinterpretation and discretion constraint in a simple case rather than in legislation, it does have the disadvantages of limitation in only discretion power control level and easy leading to excessive expansion of jurisdiction.

  1. The Establishment of Judicial Complaints Commission: to Strengthen the Judicial Supervision%设立司法投诉委员会:强化审判监督

    Institute of Scientific and Technical Information of China (English)

    李化祥

    2012-01-01

    我国司法制度与人民民主权利及经济、社会发展不相适应,司法能力与人民群众日益增长的司法需要不相适应,司法腐败日益凸显。不公正的司法判决不仅背离了公民的根本利益。而且引发了社会成员对法律与法院的不信任情绪,对社会稳定产生了极其恶劣的影响。地方性司法和司法监督方式是造成司法腐败的制度性因素。应当在省、自治区、直辖市人民代表大会设立司法投诉委员会接受终审裁决的原被告当事人的投诉,一则使人大在任命法院人员时依法真实地授予他们审理权限,同时也真实地加于监督管理,力求司法公正;二则对我国目前地方性司法设置一个监管性闸门。%China's judicial system does not meet the people's demand of democratic rights in the econom- ic and social development; its judicial capability does not meet the people's growing needs of social justice; and what worse is, the increasing judicial corruption has become more prominent. Unjust judicial judgment not only deviates from the citizen's fundamental interests, but also causes the distrust of its social members to the law and courts, so that the social stability has been extremely destroyed. Local judicature and judi- cial supervision is the cause of corruption in the judicial system factors. To solve the problem, judicial Complaints Commission should be established in the province, autonomous region, municipality directly under the central government; and the People's Congress accept the party's complaints of the final judg- ment. These measures may insure the rightness of people's Congress in the appointment of court person- nel, in the clear warning of them the permission of law truly granted them in the trial, and in the actual su- pervision of them so as to guarantee the justice of law in practice.

  2. Procedural Justice Elements of Judicial Legitimacy and their Contemporary Challenges

    Directory of Open Access Journals (Sweden)

    Nina Persak

    2016-09-01

    Full Text Available Low trust in courts has been recorded in many EU countries. According to the procedural justice paradigm, this phenomenon has negative repercussions for judicial legitimacy, since people who (or when they distrust an authority tend also not to perceive this authority as legitimate (which, in turn, has consequences for their compliance and cooperation with this authority and its decisions. Legitimacy of judiciary, objectively conceived, has several elements, some of which are connected to procedural justice concerns. This article focuses on the latter. In the second part, moreover, the article addresses some of the possible challenges to the judicial procedural justice, drawing on sociological and socio-legal observations regarding legal institutions in the late modern world, where, for example, efficiency-oriented goals mix with justice- and other public good-oriented ones, often creating internal pressures that may impact on the legitimacy of the institution in question. Numerosos países de la UE han registrado una baja confianza en los tribunales. Según el paradigma de la justicia procesal, este fenómeno tiene repercusiones negativas para la legitimidad judicial, ya que las personas que (o cuando desconfían de una autoridad, también tienden a no percibir esta autoridad como legítima (lo que, a su vez, tiene consecuencias para su conformidad y cooperación con esta autoridad y sus decisiones. La legitimidad del poder judicial, concebida de forma objetiva, tiene diversos elementos, algunos de los cuales están relacionados con las preocupaciones de la justicia procesual. Este artículo se centra en estos elementos. En la segunda parte, además, el artículo aborda algunos de los posibles desafíos de la justicia de procesal, basándose en observaciones sociológicas y sociojurídicas relacionadas con las instituciones legales en el mundo moderno reciente, donde, por ejemplo, los objetivos orientados a la eficiencia se mezclan con objetivos

  3. Moderación judicial de la cláusula penal en Derecho español

    OpenAIRE

    2009-01-01

    Unlike most of the European civil law systems (Germany, Austria, Belgium, France, Italy, Portugal and Switzerland), Spanish law only allows courts to reduce the sum stipulated by the parties in a penalty clause if the breach of contract has less entity than the one anticipated. Hence, the judicial review of penalty clauses on the grounds of equity is excluded. This paper aims to analyze whether this is the most desirable solution in terms of efficiency.

  4. 民刑交叉案件中民间借贷合同效力认定问题研究--以《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》为视角%Validity of Contract of Private Loans in the Intersecting Criminal and Civil Cases--Analysis Based on the Judicial Interpretation on the Application of Law in the Trial of the Case of Private Lending Issued by the Supreme People’s Court

    Institute of Scientific and Technical Information of China (English)

    程诚

    2016-01-01

    It is a difficult issue in affirming the validity of contract of private loans, to proceed with the Intersecting Criminal and Civil Cases. Since the differences of value and function between civil law and crimi⁃nal law, we should judge the legal consequences by the different laws. The contract relating to crime of market⁃ing access is valid in principle;however, the enlending unlawfully is invalid in principle. The Judicial Interpre⁃tation on the application of law in the trial of the case of private lending issued by the Supreme People’s Court establishes the principle, which means the contract relating to crime isn’t necessarily invalid .%民刑交叉案件中民间借贷合同效力认定问题相当复杂。民法刑法价值功能不同,对同一法律事实引起的不同法律后果应依据不同法律进行评价。区分不同类型的民间借贷合同,其中涉及市场准入类犯罪的民间借贷合同原则有效;违法转贷行为所涉民间借贷合同原则无效。最高人民法院新颁布的《民间借贷司法解释》确立了涉罪合同并非当然无效的原则。

  5. A Desconstrução Semântica da Supremacia Judicial e a Necessária Afirmação do Judicial Review: uma análise a partir da democracia deliberativa de Habermas e Nino / The Semantic Descontruction of Judicial Supremacy and the Required Affirmation of Judicial Review: an analysis from the deliberative democracy of Habermas and Nino

    Directory of Open Access Journals (Sweden)

    Gabriel Lima Marques

    2013-07-01

    Full Text Available A supremacia judicial pode ser caracterizada como a doutrina que fundamenta a possibilidade da suprema corte dizer, de acordo com a sua visão do texto constitucional, o que a lei é de forma conclusiva. Este trabalho parte do pressuposto de que a teoria da democracia deliberativa, ao postular um modelo de sociedade descentralizado e construído intersubjetivamente por meio de uma discussão aberta entre os distintos atores político-sociais, pode também ser utilizada como uma tese crítica à supremacia judicial. Assim, utilizando-se dos estudos de Gargarella, o presente artigo buscará, com base na visão de democracia deliberativa do autor, demonstrar que a supremacia judicial é prejudicial à democracia, na medida em que retira dos cidadãos a decisão final dos temas sociais mais importantes e os transfere para um poder político supremo.The judicial supremacy can be characterized as the doctrine that underlies the possibility of the supreme court to say, according with its vision of the constitutional text, what the law is conclusively. This paper assumes that the theory of deliberative democracy, by to postulating a decentralized model of society, constructed intersubjectively through an open discussion among the various political and social actors, can also be used as a critical theory to judicial supremacy. Thus, using the Gargarella studies this article will look, based on his vision of deliberative democracy to demonstrate that judicial supremacy is harmful to democracy, because the it removes citizens from the final decision of most important social issues, and transfers them to a supreme political power.

  6. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

    . The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which...

  7. Access the Unified Health System actions and services from the perspective of judicialization1

    Science.gov (United States)

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo

    2016-01-01

    Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health. PMID:27143542

  8. Access the Unified Health System actions and services from the perspective of judicialization

    Directory of Open Access Journals (Sweden)

    Raquel de Souza Ramos

    Full Text Available Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health.

  9. Antonin Scalia’s Textualism in philosophy, theology, and judicial interpretation of the Constitution

    Directory of Open Access Journals (Sweden)

    Herman Philipse

    2007-12-01

    Full Text Available Textualism or Originalism, as defended by Justice Antonin Scalia of the U.S. Supreme Court, is a normative doctrine of method according to which the judicial interpretation of statutes and of the Constitution should aim at establishing the original meaning of the text. Textualism in the strict sense is unpopular not only among most judges but also among philosophers and theologians. In philosophy, Textualism was denounced as hopelessly naive by authors such as Martin Heidegger, Hans-Georg Gadamer, and their American followers. In theology, Textualism is not a viable option for believers who want both to accept as true the text of their holy book and to endorse the results of modern science and historical scholarship. I argue that Textualism is the only valid methodology of interpretation both in philosophy and in theology. For the judicial interpretation and application of statutes and constitutions, however, Textualism cannot be more than one methodological topos among many. We also have to accept other topoi, such as the topos that the system of statutes and treatises should form a consistent whole, and these other topoi cannot be considered as part and parcel of Textualism in the strict sense. It follows that the difference between a tenable sophisticated version of Textualism as a methodology of judicial interpretation and the so-called doctrine of the Living Constitution is one of degree and emphasis only. Justice Scalia’s simple version of Textualism is a political ideology rather than a valid methodology of judicial interpretation.

  10. Judicial Activism in the Context of the 2011 Egyptian Revolution: Emerging Conceptions of Femininity and Masculinity

    Directory of Open Access Journals (Sweden)

    Monika Lindbekk

    2017-06-01

    Full Text Available This article investigates gender implications of judicial activism within the context of the 2011 revolution. Relying on analysis of a sample of judicial decisions in the field of divorce and child-rearing, I argue that individual judges used the family courts as a platform to articulate alternative legal discourses prior to the 2011 revolution. During the period between February 2011 and the military coup in July 2013 family legislation emerged as a controversial point. The period witnessed the mobilisation of small but vocal fathers’ rights groups that called for a revolution in Egyptian family law and formed strategic alliances with a handful of judges. The latter became members of a legislative committee formed under the presidency of Muhammad Mursi. I investigate the gender implications of their activism against a background where old and new actors and institutions competed over the right to interpret shari’a in an authoritative way.

  11. Judicial Review of Labor Arbitration Awards.

    Science.gov (United States)

    Seitz, Reynolds C.

    The review of grievance arbitration awards in public education constitutes the topic of this second chapter in a book on school law. A discussion of landmark cases outside of education underscores the general principles that have motivated courts to undertake review of arbitration awards. Supreme Court decisions in three cases known as the…

  12. Formula over Function? From Algorithms to Values in Judicial Evaluation

    Directory of Open Access Journals (Sweden)

    Francesco Contini

    2014-12-01

    Full Text Available This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual judges and on the legal quality of the single case, new quantitative methods and formulas are being introduced to assess efficiency, productivity and timeliness of judges and courts. Building on two case studies, from Spain and the Netherlands, the paper illustrates two contrasting approaches to judicial performance evaluation. On the one hand individual judges' productivity is evaluated through quantitative data and mathematical algorithms: in the extreme case considered here, judge's remuneration was adjusted accordingly. On the other hand quantitative and qualitative data, collected by a variety of methods and theoretical frameworks, are used as the basis of a multi-layered negotiation process designed to find a synthesis between competing economic, legal and social values aimed at improving overall organizational performance. Considering the flaws of unidimensional measurement and evaluation systems and considering the incommensurability of the results of the multiple evaluative frameworks (economic, legal, sociological required to overcome such flaws, the authors argue there is a need for political dialogue between relevant players in order to allocate the values appropriate to judicial evaluation. Este artículo analiza las formas y efectos de la “invasión” de los “templos de la ley” por nuevas formas económicas y de gestión como la evaluación del rendimiento. Mientras que la evaluación judicial tradicional se ha centrado en la forma de seleccionar y promocionar a jueces individuales, y en la calidad jurídica de un caso individual, hoy en día se están introduciendo nuevos métodos cuantitativos y fórmulas para determinar la eficiencia, productividad y oportunidad de jueces y

  13. THE EU DIRECTIVE ON MEDIATION IN CIVIL AND COMMERCIAL MATTERS AND THE PRINCIPLE OF EFFECTIVE JUDICIAL PROTECTION

    Directory of Open Access Journals (Sweden)

    Antonio Maria MARZOCCO

    2012-11-01

    Full Text Available The essay concerns the implications of EU Directive 2008/52/EC regarding mediation in civil and commercial matters on the right of effective judicial protection. After having underlined the importance assumed in the European Union by alternative dispute resolution, the essay examines the stages that led European institutions to the adoption of the Directive on mediation in civil and commercial matters. The article addresses the aims and the scope of the Directive and subsequently focuses its attention on Directive dispositions regulating the “key aspects” of civil procedure. The essay emphasizes that the Directive, in substance, allows both optional mediation and compulsory mediation. However, compulsory mediation can contrast with the principle of effective judicial protection. Furthermore, the essay deals with the relationship between compulsory mediation and the principle of effective judicial protection, and identifies, examining a recent pronouncement of the EU Court of Justice, the needed requisites to be respected in order that such contrast does not occur.

  14. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    Western history of crime fiction usually designates Edgar Allan Poe as the undisputed father of the detective story. Crime fiction is, hence, generally associated with incipient modernity and modern societies and cityscapes. Sir Arthur Conan Doyle even asks: Where was the detective story until Poe...... breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... sinological sources introducing a revised introduction of crime fiction on the world’s literary scene. So to answer Doyle’s question about crime fiction before Poe: Crime fiction may have been in China....

  15. [Urology facing the courts. The basis of professional responsibility].

    Science.gov (United States)

    Haertig, A; Haillot, O; Chopin, G

    1989-01-01

    The liability of the urologist can be involved according to 3 procedures: The civil procedure is that of the Tribunal de Grande Instance (High Court) then the Cour d'Appel (Court of Appeal). Financial compensations are claimed from the surgeon for not respecting the medical contact. This contract is tacit, oral and carries obligations for the surgeon. The administrative procedure is that of the Tribunal Administratif (Administrative Court) then the Conseil d'Etat (Council of State). This only concerns the salaried surgeon in his salaried activities. The penal procedure is that of the Tribunal Correctionnel (Criminal Court) then the Cour d'Appel (Court of Appeal). The surgeon is then charged with a crime, usually unintensional injuries or through negligence. Although the harlm is easy to prove, the reality of the fault of the surgeon and the relation between fault and damage are far less so. It is the plaintiff (Civil Course, Administrative Cours) or the State Prosecutor (Penal Course) who must prove the fault and causality by the help of an expert's report. So, the responsibility of the surgeon can be committed. However, the development of the insurance system has allowed more widespread compensation without any fault found on the surgeon's part and increasingly frequent conciliatory procedures.

  16. Disciplinary Responsibility Of Judges And Judicial Employees In England And Wales

    Directory of Open Access Journals (Sweden)

    Yury M. Filippov

    2014-09-01

    Full Text Available Present article is devoted to the topical issues of the judges and judicial employees’ disciplinary responsibility in England and Wales after the adoption of the Constitutional Reform Act and creation of the new disciplinary bodies. Present article contains a short analysis of the mechanism of professional and ethical standards among judges and magistrates of England and Wales maintenance, possible conflict of interests settlement and questions of conduct in the need of disciplinary trial. Author consider features of the lord powers - chancellor in the questions of bringing judges and magistrates to the disciplinary responsibility, interaction of the Lord Chancellor with the Lord - Supreme Judge and the Ministry of Justice in the questions of the disciplinary investigations organization and conduct. At the same time author considers an aspect that responsibility before the civil society has an informal character and doesn't assume carrying out any trial. At the same time possibility of judge's and court's employees behavior discussion by public organizations and associations and also in press is a usual practice. In the conclusion author notes that to the number of features of English model of the disciplinary responsibility of judges and judicial employees it is necessary to include active participation of public authorities in the process of trial on the complaints in regard to actions of judges and judicial employees (Ministry of Justice is authorized to conduct such trials, the dual legal nature of such decision on the complaint which is taken out not only on behalf of the judicial community, but also a name of the Lord Chancellor appointed by the Parliament, general procedure of the judge's and worker's of courts, and also coroners accountability.

  17. Judicial control of legal relations in the sports law - de lege ferenda

    Directory of Open Access Journals (Sweden)

    Dean Vuleta

    2015-12-01

    Full Text Available The business of Sport is a complex entity in our current society. All participants in the business of sport (Sport Community includings athletes, coaches, managers and facilities providers require legal representation and consideration within the legal framework of the country in which they operate. The participants in the business of sport require civil, labor, criminal, commercial, and judicial regulation in order to maintain the integrity and raise the quality of their sport to a global level. Legislative and judicial authorities have neglected to pursue legislation that provides protection for the progress and development of the Sports Community. Current Sports Law has many gaps and is lacking the standardization which would provide judicial support for Sports Community. Without specific sport legislation there will be a substantial increase in disputes for the violation of subjective rights within the Sports Community. One of the most crucial unsolved questions is how a sport will be protected as an institutionalized and regulated activity from legal abuses in and outside of the specific sport. The Republic of Croatia is still lacking effective and organized judicial power of the quality necessary to protect and support its Sports Community. A solution to this problem is for those with legislative authority to initiate the procedure of forming specialized courts constituted only for trial in conflict situations related to sports conflicts. This excludes criminal offenses for which a prison sentence is determined. This initiative would lead to additional provisions of certain legal acts through necessary amandments, mainly Sports Law, Court Law and Civil Procedure.

  18. Understanding the Service Quality Perception Gaps between Judicial Servants and Judiciary Users

    Directory of Open Access Journals (Sweden)

    Rodrigo Murillo

    2014-12-01

    Full Text Available Judiciary service user expectations are usually not the same as ideas harbored in the minds of civil servants delivering such services. This discrepancy matches the definition of the service delivery GAP 1, as identified and assessed by SERVQUAL (Service Quality, a tool that for almost three decades has been employed worldwide in measuring service quality in many different industries and countries, in both private and public organizations. Through participant observation, semi-structured interviews and empirical data collected by SERVQUAL, this paper focuses on assessing this service delivery GAP 1 for the Second Court of Appeal within Costa Rica’s Judicial Branch.

  19. THE ITALIAN WAY TO ANTITRUST JUDICIAL REVIEW: A FEW ODDITIES OF THE PFIZER CASE

    Directory of Open Access Journals (Sweden)

    Cristoforo Osti

    2014-12-01

    Full Text Available The note deals with the Pfizer case, where the pharmaceutical company was condemned for an abuse of dominant position relating to otherwise lawful patent practices which, in the Authority's representation, had delayed without merit entry by generic producers. The note takes this opportunity to comment on the system of judicial review of the Italian Competition Authority's antitrust decisions, comparing it with the equivalent system at the EU level. The note also reviews more in-depth the judgment with reference to both those areas where the Court decided to take a specific position and in those where it omitted doing so.

  20. Evaluating Court Performance: Findings from Two Italian Courts

    Directory of Open Access Journals (Sweden)

    Luis Lepore

    2012-12-01

    Full Text Available This study is part of a wider research project aimed at developing and testing a Performance Measurement System (PMS for courts based on a Balanced Scorecard (BSC framework. The current study represents an initial effort to describe results of a performance measurement attempt that may suggest some challenges in developing a comprehensive PMS for courts. We have tried to assess the performance in two Italian courts focusing on three issues: efficiency measures (clearance rates, case turnover, and disposition time, culture assessment, and Information Systems (IS success. Our findings provide some useful and interesting insight for researchers and practitioners.

  1. Transplanting the European Court of Justice: The Experience of the Andean Tribunal of Justice

    Directory of Open Access Journals (Sweden)

    Osvaldo Saldías

    2011-05-01

    Full Text Available Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ is one of eleven copies of the European Court of Justice (ECJ, and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean Pact's member states decided to add a court to their regional integration initiative, why they adapted the European Community model, and how the ECJ's existence has shaped the evolution of Andean legal doctrine and the political space within which the ATJ operates. We conclude by analyzing how the ATJ's experience informs the challenges of supranational transplants and theories of supranational legal integration more generally. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1948405

  2. 29 CFR 1603.306 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 Appeals § 1603.306 Judicial review. Any party to...

  3. Psychological expert witness testimony and judicial decision making trends.

    Science.gov (United States)

    Shapiro, David L; Mixon, LeKisha; Jackson, Melissa; Shook, Jonathan

    2015-01-01

    Despite the establishment of the Daubert standard in 1993, the evidentiary criteria are rarely used as a basis for admissibility of expert witness testimony in the behavioral sciences. Ever since the promulgation of Frye and the Federal Rules of Evidence, controversy has surrounded the admissibility of expert testimony in courtrooms. There appears to be no existing uniform application of standards governing the admissibility of psychological expert witness testimony. Therefore, it is essential for the psycho-legal communities to explore judicial decision-making trends regarding psychological expert witness evidence. In this current research, psychological expert witness testimony and judicial decision-making will be explored. In preliminary examination, 97 criminal and civil case summaries from the LexisNexis Academic Database involved issues of admissibility. Analyses conducted by eight trained and paired coders revealed that reliability and assistance to the trier of fact were the most often cited reasons for admissibility in courts. Consistent with prior studies, it was also found that the most applied standards for admissibility of psychological evidence were the Federal Rules of Evidence. Interestingly, while the Daubert scientific criteria for admission of scientific testimony were mentioned, they were rarely utilized. A secondary analysis of 167 civil and criminal appellate cases indicated that the reliability of testimony (18% of all cases), ability to assist the trier of fact (17%), the expert witness' qualifications (17%), and the relevance of the testimony (16%) were the most commonly cited reasons for determining admissibility. A tertiary qualitative analysis focusing on these four categories then revealed eight major trends in admissibility of psychological expert evidence.

  4. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

    ... RIN 3206-AM67 Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998... the court order expressly provides that an individual receive Federal Employee's Group Life Insurance... Administrative practice and procedure, Government employees, Hostages, Iraq, Kuwait, Lebanon, Life...

  5. 5 CFR 838.931 - Court orders that provide temporary awards of former spouse survivor annuities.

    Science.gov (United States)

    2010-01-01

    ... awards of former spouse survivor annuities. 838.931 Section 838.931 Administrative Personnel OFFICE OF... BENEFITS Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities Miscellaneous Provisions § 838.931 Court orders that provide temporary awards of former spouse survivor annuities....

  6. 49 CFR 40.405 - May the Federal courts review PIE decisions?

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false May the Federal courts review PIE decisions? 40.405 Section 40.405 Transportation Office of the Secretary of Transportation PROCEDURES FOR... courts review PIE decisions? The Director's decision is a final administrative action of the...

  7. Relaciones entre el Congreso Nacional y el Poder Judicial: La Importancia de la Apertura

    Directory of Open Access Journals (Sweden)

    Sebastián Soto Velasco

    2007-01-01

    Full Text Available El presente trabajo analiza las relaciones entre el Congreso Nacional y el Poder Judicial a través de dos instituciones existentes en nuestro ordenamiento: el proceso de nombramiento de Ministros de la Corte Suprema y los informes que esta última envía al Congreso Nacional en ciertos proyectos de ley. En el caso de las nominaciones de Ministros a la Corte Suprema se estudia como ha operado el sistema desde la incorporación del Senado en 1997 hasta el año 2005. Se analiza cómo la transparencia del proceso, la posibilidad de conocer la historia profesional del nominado y audiencias abiertas contribuirían a incentivar una decisión centrada en criterios de calidad. El documento también se centra en el contenido y la influencia de los informes que envía la Corte Suprema al Congreso Nacional con ocasión de la tramitación de proyectos de ley que contienen normas que modifican la organización o atribuciones de los tribunales de justicia. En esta instancia, permitir el acceso a los informes también tendría positivas consecuencias. En definitiva, aunque hay otras vías de comunicación entre el Congreso y el Poder Judicial, se profundiza únicamente en las mencionadas pues del estudio se concluye que ambas tenderían a aumentar el potencial que de suyo ya tienen si se incorpora apertura en los procesosThis paper analyzes the relationship between the Chilean Congress and Judicial power, focusing on two institutions: the nomination process to appoint Supreme Court justices and the reports that the Supreme Court is constitutionally obligated to send to the Congress when specific types of bills are introduced. The appointment of Supreme Court candidates is studied from the Senate's incorporation in the process from 1997 until 2005. The author states that a more transparent process, including the publication of the candidate's backgrounds and public hearings, would increase the incentives to nominate the most qualified candidates. The paper also

  8. Judicial Reform of the 1864 as a Stage of Russian Judicial System Democratic Development

    Directory of Open Access Journals (Sweden)

    Lyubov F. Miloserdova

    2014-03-01

    Full Text Available In the present article, author considers the place of judicial reform of 1864 in the public and social reforms of Alexander II. This paper attempts to show the place of justice in the legal system of Russian Empire in the post-reform period. Author emphasizes democratic and progressive nature of judicial reform of 1864, noting lack of preconditions for the formation of democratic judicial system under the autocracy. Author analyzes relationship and development of the judicial system and the dynamics of social relations. Author also revealed the way of judicial system in the formation of civil society prerequisites. This paper attempts to show and prove that judicial reform is actually a first step towards the formation of the Russian system of powers separation. Author concludes that undertaken by the Government of Russian Empire in the mid-nineteenth century attempt of the Russian Empire judicial system democratization had neither political nor social assumptions. In conclusion, author concludes that in the present conditions of judicial system democratization in modern Russian Federation a number of principles and institutions of judicial reform of 1864 was applied.

  9. Judicial Control over Althingi: Altered Balance of Powers in the Constitutional System

    Directory of Open Access Journals (Sweden)

    Björg Thorarensen

    2016-06-01

    Full Text Available The article focuses on how the control of the judiciary over the legislature has increased in the last decades and the reasons for altered balance of powers in the Icelandic constitutional system are explored. Earlier theories of parliamentary precedence over other branches of state power are in transition. There is a growing trend towards the balancing of powers, in which the courts monitor that legislation complies with the constitution. A comparison is made with the developments in the constitutional systems of Denmark and Norway which points at the same direction. The European Convention on Human Rights and constitutional amendments in 1995 have affected the interpretation methods of the Icelandic courts and strengthened their supervisory role. Ideas underlying constitutional democracy, rule of law and effective remedies for individuals are prevailing over the idea of preferred position of the legislative power vis-à-vis the judiciary. The courts see it as a constitutional duty to adjudicate whether a legislative act conforms with constitutional human rights. The Supreme Court of Iceland has referred to the wide discretion of the legislature in the field of fiscal powers, such as regarding taxation and the social security system. However, even where legislation aims at the implementation of important political policies, the discretion of Althingi is subject to certain limits. The effective judicial control requires that Althingi must assess carefully whether legislation which limits constitutionally protected human rights conforms with the principles of equality and proportionality.

  10. National Courts of Last Instance Failing to Make a Preliminary Reference

    DEFF Research Database (Denmark)

    Broberg, Morten

    2016-01-01

    According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), Member State courts may – and sometimes must – refer questions on the interpretation or validity of EU legal measures to the Court of Justice of the European Union for a binding preliminary ruling. But what ar......’s judgment, and there may also be a requirement on Member State administrative authorities to reopen the case file if, after the ruling by the Member State court, it becomes apparent that this court erred with regards to EU law....

  11. First Year at Somerset Court

    Science.gov (United States)

    Elgar, Sybil

    1975-01-01

    Twenty-three autistic adolescents are currently being provided with individualized programs of education, social and work experience at Somerset Court, the first British residential center of its kind. (LH)

  12. "California v. Greenwood" Moot Court Simulation.

    Science.gov (United States)

    Hess, Diana

    1989-01-01

    Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

  13. Is judicial integrity a norm? An inquiry into the concept of judicial integrity in England and the Netherlands

    NARCIS (Netherlands)

    Soeharno, Jonathan

    2007-01-01

    Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no

  14. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction.......In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction....

  15. Defending the Absurd: The Iconoclast's Guide to Section 47(1 of the Superior Courts Act 10 of 2013

    Directory of Open Access Journals (Sweden)

    Haneen McCreath

    2014-12-01

    Full Text Available This contribution was intended as a defence of section 25(1 of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the process section 25(1 of the former gave way to section 47(1 of the latter. Both sections concern the doctrine of leave to sue judges in South Africa. Both prescribe that any civil litigation against a judge requires the consent of the court out of which such litigation is to be launched. Both apply to civil suits against judges for damage caused by either their judicial or their non-judicial conduct. Although section 25(1 had been one of the more inconspicuous sections of the Supreme Court Act, it was contested on occasion. Both curial and extra-curial challenges to section 25(1 assailed its constitutionality, alleging essentially that its provisions violated the right of access to courts enshrined in section 34 of the Constitution of the Republic of South Africa, 1996 and that such violation did not meet the limitation criteria contained in section 36. It may be anticipated with considerable confidence, given its legal continuity with section 25(1, that any serious assault upon section 47(1 of the Superior Courts Act also will focus upon its relationship to section 34 of the Constitution. This contribution is a pre-emptive defence of section 47(1 of the Superior Courts Act and, by extrapolation, a belated justification of section 25(1 of the Supreme Court Act. An attempt will be made to demonstrate, contrary to conventional wisdom, that section 47(1 does not limit section 34 and passes constitutional muster at the first level of enquiry, thereby obviating the need for advancing to the second level of enquiry contained in section 36 of the Constitution. The jurisprudential crux of section 47(1 of the Superior Courts Act is embedded in the nature of the judicial office and its core value of judicial impartiality. The procedural

  16. 论司法权威的权力保障%On the Jurisdiction Guarantee of Judicial Authority

    Institute of Scientific and Technical Information of China (English)

    李桂林

    2016-01-01

    司法权威的形成需要司法机关有权力抵御其他权力的干涉,保证其依法独立行使职权。司法改革的核心就是司法权的重新配置,以塑造现代司法的独立性、被动性和终局性,实现司法公正。法院在国家权力体系中的地位,在各国由于政治、历史传统和法律意识形态的影响而有所不同。在我国,法院在司法审判中尚难以排除其他政治权力机构的干涉。同时,在能动司法的政策影响下,法院在纠纷解决领域的地位还受到社会权力的威胁,其管辖权和审判权受到侵蚀。因此,要树立司法权威,就要在司法权配置方面进行理念更新和制度改革。司法权配置应该遵循三项原则:人民法院服从法律,且只服从法律;司法以实现个案公正为首要价值;维护人民法院在社会纠纷解决中的权威地位。%The formation of the judicial authority requires that the judiciary has the power to resist the in⁃terference of other powers to ensure its independent exercise of powers. The core of the judicial reform is recon⁃figuring the jurisdiction, for the purpose of achieving judicial justice, shaping three qualities of the modern ju⁃dicial such as independence, passivity and finality. The Court in the national power system is usually in a weak position, but in different countries the court is in different positions because of the influences of the politics, historical traditions and legal ideologies. In China, the court is in a weak position in the relationship with the people's congresses, governments, supervisory authorities and the ruling party, so the court in the judicial trial is difficult to exclude the interference of other political authorities. Meanwhile, under the impact of judicial ac⁃tivism policy, the court's position in the field of dispute resolution is threatened by social power, and the juris⁃diction and adjudicative power of the court is eroded

  17. An Irresistible Inheritance: Republican Judicial Modernization and Its Legacies to the People’s Republic of China

    Directory of Open Access Journals (Sweden)

    Glenn Tiffert

    2013-06-01

    Full Text Available Commentators have long treated the Republican and People’s Republic of China (PRC judicial systems in nearly hermetic isolation from each other. Yet it is impossible to grasp fully the history of the PRC judicial system independent of its Republican heritage, and to decouple the two is therefore to foreclose critical avenues of understanding. As a step toward repairing that rupture, this paper specifies the configurations and distributions of courts, as well as the discourses of judicial malaise and reform that the Republican period deposited on the doorstep of the PRC. It establishes the necessary empirical foundation from which to appreciate the institutional deficits and imbalances, developmental dilemmas, and normative discourses that confronted Chinese Communist Party (CCP judicial planners in 1949, and it equips the reader to understand the planners’ responses—not just through the lens of ideology but also as reasoned reactions to concrete, practical problems. Additionally, this paper suggests that memory of the Republican judicial system served as a repository of value from which to shape, assess, and comprehend law’s fate in the PRC.

  18. Judicial Understanding of the Reliability of Eyewitness Evidence: A Tale of Two Cases

    Directory of Open Access Journals (Sweden)

    Lirieka Meintjes-van der Walt

    2016-06-01

    Full Text Available One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In approximately 75% of DNA exonerations in the United States, mistaken eyewitness identifications were the principal cause of wrongful convictions. Notwithstanding scientific advances regarding human memory and other factors that could influence identifications by eyewitnesses, courts have not shown eagerness in utilising such scientific knowledge in reaching legal decisions. Two cases have been chosen for discussion in this article. In S v Henderson 27 A 3d 872 (NJ 2011 the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA, a South African Supreme Court of Appeal judgment, where the identification of the perpetrator was based on an eyewitness account and the evidence of an expert on CCTV images. In part one of this article the research findings with regard to estimator variables that were acknowledged in S v Henderson are discussed. Part two specifically scrutinizes S v Mdlongwa to determine the extent to which psychological eyewitness research findings are recognised in South Africa as having an influence on the reliability of eyewitness evidence. In Henderson the court recognised that the legal standards governing the admissibility and use of identification evidence lagged far behind the findings of numerous studies in the social sciences. The new wave introduced by S v Henderson has not gone unnoticed in other State courts in the USA. In Massachusetts, for example, the Justices of the Supreme Judicial Court convened a study group on Eyewitness Evidence and the resulting report inter alia recommended judicial

  19. NOTARY PROCEDURE AND JUDICIAL PROCEDURE FOR THE DIVORCE WITH SPOUSES’ AGREEMENT

    Directory of Open Access Journals (Sweden)

    ANDREEA DIANA PAPA

    2013-05-01

    Full Text Available Compared to the old divorce procedures, the dissolution of marriage analysed according to the provisions of the New Civil Code (art.373-404 and the New Code of Civil Procedure (914-934 represents a real legislative innovation. Taking into consideration the judicial procedure, the legislator settles the amicable divorce, referring to spouses’ consent on the divorce, as well as to the divorce caused by one of the spouses’ poor health, and the divorce through no fault of their own. According to the new legal matters, the dissolution of marriage does not come exclusively under court jurisdiction. Thus, as far as the amicable divorce is concerned, even if the spouses have minor children, either of their own or adopted, they have at their disposal not only the judicial procedure, but also the notarial one. If the spouses do not have minor children, they can go to court, but they can also go to the notary public or to the registrar in order to certify the dissolution of marriage of their own accord. The legislator’s preference of the amicable divorce is obvious, especially as the dissolution of marriage of spouses’ own accord does no longer depend on either the length of marriage, or on their not having minor children.

  20. The Ombudsman and the Judicial Power. The Romanian Experience

    Directory of Open Access Journals (Sweden)

    Emil BĂLAN

    2009-06-01

    Full Text Available The main objective of the present paperconsists in evaluating the judicial actions of theOmbudsman and in determining its position inthe framework of the legal instruments placedat his/hers disposal for carrying out the missionsconferred by the legal norms and the publicexpectances.The paper aims at (1 identifying the historicalstages during which were introduce the legalinstruments at the Ombudsman’s disposal, (2studying the institutional reforms generated bythe modifications of the Romanian Constitutionfrom 2003, (3 analyzing the Romanian practiceconcerning the People’s Advocate (RomanianOmbudsman intervention into the constitutionaljustice and in front of the administrative reviewcourts, and (4 effectuating a foray in the Europeanpractice and achieving a comparative study inthe field.The research is conducted within the projectentitled “The right to a good administration andits impact on public administration’s procedures”(PN II CCSIS ID_698 financed by the RomanianNational University Research Council.

  1. Teen Court: A National Movement. Technical Assistance Bulletin No. 17.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  2. Teen Courts and Law-Related Education. ERIC Digest.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  3. Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil.

    Science.gov (United States)

    Trevisan, Luciano Mangueira; Nalin, Tatiele; Tonon, Tassia; Veiga, Lauren Monteiro; Vargas, Paula; Krug, Bárbara Corrêa; Leivas, Paulo Gilberto Cogo; Schwartz, Ida Vanessa Doederlein

    2015-05-01

    Treatment of phenylketonuria (PKU) includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS). This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS), Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19), the Union (n = 1), and municipalities (n = 4). In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

  4. Legal sequelae of occupational back injuries: a longitudinal analysis of Missouri judicial records.

    Science.gov (United States)

    Tait, Raymond C; Chibnall, John T

    2011-08-01

    Telephone survey and longitudinal analysis of judicial database for cohort of worker's compensation (WC) claimants in Missouri. To compare legal difficulties experienced by African American and white WC claimants presettlement versus postsettlement. Retrospective studies suggest that workers with occupational back injuries experience financial and personal duress after claim settlement. This study examined these issues by comparing financial and domestic court actions for the 5-year presettlement against 5-year postsettlement. Sociodemographic differences also were examined. Missouri judicial records were reviewed for African American (n = 580) and non-Hispanic white (n = 892) WC claimants to determine the frequency with which four types of cases occurred: general financial, domestic financial, residence financial, and domestic behavior. Average annual level of judicial activity during the 5 years before claim settlement was compared to activity for each of five postsettlement years; significance of change was evaluated with univariate and multivariate repeated measures analyses. Statistically significant (P financial and domestic financial cases. A significant interaction between age and time occurred for general financial cases. Significant three-way interactions (race × income change × time) emerged for general and domestic financial cases. The results confirm that workers with occupational back injuries, especially African American and younger adults, encounter long-term financial and domestic duress that appears to escalate with each passing year after claim settlement. This pattern suggests that short-term studies underestimate postsettlement difficulties, particularly among selected demographic cohorts.

  5. Reinventing Regulation/Reinventing Accountability: Judicial Review in New Governance Regimes

    Directory of Open Access Journals (Sweden)

    William D. Araiza

    2010-10-01

    Full Text Available This Essay considers the doctrinal and institutional challenges courts and designers of New Governance systems face when considering the availability and scope of judicial review. Part II briefly summarizes New Governance principles, while Part III explains the challenges they pose for American standing law. The Essay then considers solutions. Part IV considers aspects of other nations’ administrative standing law, considering whether those nations’ legal innovations overcome these hurdles while remaining true to courts’ proper role in reviewing agency action. Other nations have taken significant steps to resolve these issues; however, it remains unclear whether those resolutions transfer to the different institutional and legal structure in the United States. Part V considers whether the problem of standing can be resolved in a principled way by reconceptualizing the injury plaintiffs allege when they challenge New Governance regulation. Finally, Part VI considers the proper scope of judicial review of New Governance regulation. Cet article traite des défis doctrinaux et institutionnels qui se présentent aux tribunaux et aux concepteurs de systèmes de Nouvelle Gouvernance lorsqu’ils envisagent la disponibilité et la portée de la révision judiciaire. La partie II résume brièvement les principes de Nouvelle Gouvernance alors que la partie III explique les défis qu’ils présentent pour la législation américaine en vigueur. L’article considère ensuite des solutions. La partie IV traite d’aspects de la législation administrative en vigueur d’autres nations, en examinant si les innovations juridiques de ces nations surmontent ces obstacles tout en demeurant fidèles au rôle approprié des tribunaux lorsqu’ils révisent les actions d’agences. D’autres nations ont adopté des mesures importantes pour solutionner ces questions; toutefois, il n’est pas encore clair si ces solutions peuvent s’appliquer à la

  6. JUDICIAL COOPERATION IN THE CRIMINAL FIELD

    Directory of Open Access Journals (Sweden)

    Sanja Karceva

    2015-10-01

    Full Text Available The expansion of crime throughout the eras has increased at an alarming rate. It has expanded, evolved and gone through many different forms and stages. With the formation of the EU and the expulsion of internal borders, as well as the insurance of greater liberty and freedom of movement, acts of crime and the number of criminals have drastically increased. Its enormous growth and expansion, especially in the form of crime betwixt country borders (within EU territory, has desperately called for change and development within the norms of criminal law. However, with the view that criminal law in most EU nations has its own specific and varied markings, and since a supranational criminal law does not exist, there has arisen a dire need for cooperation within this sphere. The globalization of transnational organized crime and its entry within the legal sector of these member countries has been the reason for the development of court cooperation within Europe. Cooperation between the courts was achieved through a tight collaboration between the court services and other regulatory organs/authorities of the member countries. This court cooperation is conducted through very varied activities carried out by the different countries, which are in turn guaranteed through different conventions, bilateral and multilateral agreements/treaties. There exist many other kinds of legal support when viewing court cooperation that one member country can provide to another member country, for which information will be provided further in the text.

  7. Dysfunkcje współczesnej rodziny z perspektywy statystyki sądowej/ Dysfunctions of the contemporary family from the perspective of judicial statistics

    Directory of Open Access Journals (Sweden)

    DANUTA KOWALCZYK

    2012-01-01

    Full Text Available The problems connected with the dysfunctions of the contemporary family are the subject of the study. Judicial statistics related mostly to the proceedings of family courts have been employed in the analysis. Emphasis has been placed on the problems related to the marital bond and parental responsibility. Statistical data suggests that there are some negative phenomena in both of these realms. Divorce and separation still constitute the cause of the incompleteness of family environments. The level of court interference in how parental responsibility is exercised which serves to protect children from the hazards of the lack of proper care is still not decreased.

  8. Towards an international health market with the European Court

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2005-01-01

    This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas...... political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic...... evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted...

  9. Adaptive Programming Improves Outcomes in Drug Court: An Experimental Trial.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Croft, Jason R

    2012-04-01

    Prior studies in Drug Courts reported improved outcomes when participants were matched to schedules of judicial status hearings based on their criminological risk level. The current experiment determined whether incremental efficacy could be gained by periodically adjusting the schedule of status hearings and clinical case-management sessions in response to participants' ensuing performance in the program. The adjustments were made pursuant to a priori criteria specified in an adaptive algorithm. Results confirmed that participants in the full adaptive condition (n = 62) were more than twice as likely as those assigned to baseline-matching only (n = 63) to be drug-abstinent during the first 18 weeks of the program; however, graduation rates and the average time to case resolution were not significantly different. The positive effects of the adaptive program appear to have stemmed from holding noncompliant participants more accountable for meeting their attendance obligations in the program. Directions for future research and practice implications are discussed.

  10. The Specialist Court for Kosovo: continuity or departure from the hybrid courts model?

    Directory of Open Access Journals (Sweden)

    Shkёlzen Selimi

    2016-01-01

    Full Text Available The issue of whether to establish Specialist Chambers within the Kosovo justice system for alleged war crimes committed in Kosovo has been, arguably, one of the most heated debates not only from a political and social point of view, but also from a legal one. While the required amendments in the Constitution and several laws of Kosovo necessary to establish the Specialist Chambers in furtherance of the agreement dated 14 April 2014 between the Republic of Kosovo and the European Union on the Mission of the European Union Rule of Law Mission in Kosovo (“EULEX” will certainly create heated debates in the political level, one may argue that the legal issues that are expected to be encountered when the Specialist Chambers will be operational, may be even more pressing. This is in consideration of the peculiar nature of the Specialist Chambers, which are meant to have their basis within the laws of Kosovo, but at the same time, be independent from them and from control of Kosovo authorities. The purpose of this article is to delineate the possible legal issues that might confront the Specialist Chambers of Kosovo. Its main argument is that, while the Specialist Chambers seem to follow the experience of other hybrid internationalised courts, it still differs from them in some aspects. The challenges that the new Specialist Chambers may need to tackle deal with its jurisdiction and position within the Kosovo Judicial system, and its legitimacy and legal basis.

  11. Public litigation and the concept of "deference" in judicial review

    OpenAIRE

    Abraham Klaasen

    2015-01-01

    The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to b...

  12. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...

  13. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

    markdownabstract__Abstract__ Most recently, several countries on the European continent have admitted, or are discussing to admit, English as an optional court language. This article provides some information about the background of these recent initiatives, projects and reforms, clarifies the idea

  14. Obamacare's (3) Day(s) in Court.

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-06-01

    Before the oral arguments in late March, the vast majority of legal scholars felt confident that the Supreme Court of the United States would uphold the individual mandate against the constitutional challenge that 26 states have levied against it. Since the oral arguments, that confidence has been severely shaken. This article asks why legal scholars were so confident before the argument and what has made us so concerned since the argument. The article posits that certain fundamental characteristics of health insurance, particularly its unusual role in steering health-care consumption decisions, which distinguishes health insurance from standard kinds of indemnity insurance, should make the constitutional question easy, but the Obama Administration's legal team was understandably hesitant to highlight those unique characteristics in its arguments. Because the Supreme Court justices seemed not to understand the uniqueness of health insurance without the government's help and because the justices seemed unusually willing to adopt a new constitutional constraint in this case, the individual mandate appears to be in far greater jeopardy than we legal scholars anticipated.

  15. ADMINISTRATIVE CONTRACTS. DELIMITATIONS

    Directory of Open Access Journals (Sweden)

    Liana Teodora PASCARIU

    2016-12-01

    Full Text Available Article examines whether all contracts of public persons are administrative contracts; in other words, if the administration may conclude contracts that, according to their legal nature, are not administrative. If we start from the definition of administrative contracts as it appears in Law no. 554/2004, these include contracts by public authorities which concern the enhancement of public property execution of works of public interest, public services, public procurement and other administrative contracts provided by special laws and subject to the jurisdiction of the administrative courts.

  16. Prospects of development of the court decrees enforcement system

    Directory of Open Access Journals (Sweden)

    Kristina Sergeyevna Morkovskaya

    2015-06-01

    Full Text Available Objective the relevance of the topic the insufficient level of its scientific elaboration predetermined the research objectives which consist in the analysis of the institution of enforcement proceedings the identification of key challenges trends and ways to improve the current system of court decrees enforcement. Methods the methodological basis of the undertaken research is scientific method of cognition in conjunction with certain specific scientific methods the laws of formal logic historical method comparative legal method and systematic analysis of theoretical works studied in this work. Results the emerging trends in the enforcement proceedings reform in the country cannot be considered to be satisfactory in general although some initiatives seem quite appropriate in case of the proper performance. If you the situation cannot be rectified with the execution of judicial decrees basing on own experience only it is necessary to pay attention to foreign practices and to provide citizens with the right to an effective judicial protection. Of all approaches to reforming of the enforcement institution analyzed in the article the preferred for the Russian legal reality is modernization of the existing nonjudicial system of enforcement through civil procedural means. Scientific novelty at present neither the civil procedure nor the general theory of law has not developed a unified understanding of the civil procedural tools for improving the efficiency of enforcement proceedings. Practical value the main provisions and conclusions of the article can be used in research and teaching when viewing the issues of the effectiveness of enforcement proceedings. nbsp

  17. 28 CFR 29.3 - Administration by the Bureau of Justice Assistance.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Administration by the Bureau of Justice Assistance. 29.3 Section 29.3 Judicial Administration DEPARTMENT OF JUSTICE MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS § 29.3 Administration by the Bureau of Justice Assistance. The Director of the...

  18. 28 CFR 0.103a - Delegations respecting claims against the Drug Enforcement Administration.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Delegations respecting claims against the Drug Enforcement Administration. 0.103a Section 0.103a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Drug Enforcement Administration § 0.103a Delegations...

  19. 28 CFR 0.118 - Office of Chief Administrative Hearing Officer.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Office of Chief Administrative Hearing Officer. 0.118 Section 0.118 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Executive Office for Immigration Review § 0.118 Office of Chief Administrative...

  20. Judicial impartiality and the use of criminal law against labour : the sentencing of workplace appropriators in Northern England, 1840-1880

    OpenAIRE

    Godfrey, Barry

    2009-01-01

    This article explores the framework of penalties available to magistrates for the punishment of workplace embezzlers ; and the penalties actually imposed on thousands of factory woollen workers in nineteenth-century Yorkshire. That period saw a key shift in the social composition of petty sessions' courts which raised issues of judicial impartiality. For example, a first glance, the impact of magistrates who were themselves owners of woollen factories on conviction rates for embezzlement seem...

  1. Beyond court digitalization with ODR

    Directory of Open Access Journals (Sweden)

    Dory Reiling

    2017-05-01

    Full Text Available “I felt so sorry for you, such a lovely tool, and then you have no users!” This was one of the comments after my presentation of the eKantonrechter at ODR2016, organized by HIIL in the Hague in May 2016. ODR, online dispute resolution, was presented as a tool to solve all problems in the 4th Trend Report by HIIL after the conference. A weblog, however, commented that ODR had raised hopes in its early promoters, but had not really taken off. ODR is a tool to help parties in de dispute resolve their problem. There are various examples of ODR tool: supporting double blind bidding to determine a sum of money, working out divorce settlements, negotiating a solution and taking a case to court. Interesting research questions abound in the area of ODR and its users: What paths do people take when trying to resolve a problem? How can people have ownership of their court procedure? How can solutions, ODR and court procedures, best be tailored to the type of problem? The article describes the development of the e-Kantonrechter, a digital small claims procedure, as an example. ODR and its users is a field in which law and society researchers can effectively contribute to improving digital problem solving and dispute resolution procedures in court.

  2. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  3. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations...

  4. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

    Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...... of an investigation regarding one kind of interpreter modification in particular: additions. The investigation was undertaken for a doctoral thesis....

  5. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

    Full Text Available This paper studies the creation of Juvenile or Children's Courts in Spain, analysing their reasons and aims, as well as the ethical and political connotations present on their way of acting. Their history and the one of the institutions that complement them is built from the legislation, writings and ideas of their promoters.

  6. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

    After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

  7. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  8. Student Rights and the Courts.

    Science.gov (United States)

    ERIC Clearinghouse on Educational Management, Eugene, OR.

    This chapter of "The Best of the Best of ERIC" contains 17 annotations of documents and journal articles on student rights and the courts, all of which are indexed in the ERIC system. Materials on sex discrimination, suspension and expulsion, due process, mainstreaming, school publications, and other topics are annotated. (DS)

  9. After "Fisher": Academic Review and Judicial Scrutiny

    Science.gov (United States)

    La Noue, George R.

    2013-01-01

    This article describes the outcomes of the case "Fisher v. University of Texas at Austin," in which the plaintiff had accused the University of Texas (UT) of racial discrimination in the admission process. The author believes that the ruling of the court in this case makes it harder to hide race-based measures used in college admissions.…

  10. Drug-Exposed Infant Cases in Juvenile Court: Risk Factors and Court Outcomes.

    Science.gov (United States)

    Sagatun-Edwards, Inger; Saylor, Coleen

    2000-01-01

    This longitudinal study of social services and juvenile court files identified factors associated with court outcomes for drug exposed infants (N=118). Regression analysis suggested that mothers' compliance with court orders was the major predictor of court outcomes although chi square analysis found ethnicity, past referrals, and criminal record…

  11. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

    The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

  12. Some considerations of authority of the courts

    Directory of Open Access Journals (Sweden)

    Žaklina Harašić

    2015-06-01

    We are showing that some solutions of Croatian lawmaker means exception from the principle of European-continental law in which decisions of higher courts binds lower courts because of their quality, so there are some types of binding decisions of higher courts which have “de facto” effect of precedents.

  13. La ética judicial en la regulación del matrimonio igualitario

    Directory of Open Access Journals (Sweden)

    Alfonso Córdoba Baviera

    2016-07-01

    Full Text Available Resumen El presente trabajo tiene una empresa última concretamente establecida que es la de hacer un barrido expositivo y analítico por la apertura del concepto matrimonio a acepciones o realidades hasta principios del siglo XXI jamás planteadas. Esto es, crear un camino de acceso a la institución matrimonial para las uniones entre personas del mismo sexo. En el caso español, objeto de este estudio, se ha dado gracias a la aplicación de la ética judicial por parte de los Magistrados del Tribunal Constitu- cional que, con motivo de la mutación constitucional llevada a cabo por el legislador ordinario, se han visto en la obligación de dar un giro jurisprudencial en atención a las demandas de una sociedad cuya realidad es dinámica y cambiante. Ya el Tribunal Constitucional no ostenta el título de legislador negativo sino que, su función social es mucho más profunda, es el encargado de dar validez y legitimidad a la Constitución. Palabras clave: Matrimonio entre personas del mismo sexo, Ética judicial, Tribunal Constitucional. Abstract The concrete, ultimate aim of this paper is to make an expository and analytical clear-out to open the concept of marriage to meanings or realities never considered until the early twenty-first century. That is, to create an access road to the institution of marriage to unions between people of the same sex. In the case of Spain, the subject of this study, such road has been created thanks to the application of judicial ethics by judges of the Constitutional Court. On the occasion of the constitutional change carried out by the ordinary legislator, they felt the obligation to provide a jurisprudential turn in response to the demands of a society whose reality is dynamic and changing. The Constitutional Court no longer holds the title of negative legislator but rather, with a much deeper social function, it is in charge of conferring validity and legitimacy to the Constitution. Keywords

  14. 28 CFR 36.204 - Administrative methods.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Administrative methods. 36.204 Section 36... PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES General Requirements § 36.204 Administrative methods... standards or criteria or methods of administration that have the effect of discriminating on the basis...

  15. 28 CFR 11.9 - Administrative offset.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Administrative offset. 11.9 Section 11.9... Administrative offset. (a) Collection. The organization head may collect a claim pursuant to 31 U.S.C. 3716 from... administrative offset of monies other than salaries payable by the government. Collection by...

  16. Contesting Law and Order: Legal and Judicial Reform in Southern Thailand in the Late Nineteenth to Early Twentieth Century

    Directory of Open Access Journals (Sweden)

    Piyada Chonlaworn

    2014-12-01

    Full Text Available This paper examines legal and judicial reform in Thailand (then Siam imposed in the southern Malay provinces, once a sultanate kingdom of Pattani, in the 1890s and 1910s. Legal and judicial reform was one of the three main reforms Siam imposed countrywide at the end of the nineteenth century as an attempt to modernize the country and defend it against Western colonial powers. However, Siam’s rule and reform in the Malay region, especially during the reign of King Chulalongkorn, is viewed by recent studies as colonial modernity in itself. These measures included the appointment of a Siamese commissioner in the Malay region, the enforcement of Thai law, and Siam’s endeavor to preserve local practices such as Islamic family law and courts, which resembled those of the British and Dutch East Indies. While the notion of Siam’s inner colonialism is not entirely wrong, this paper argues that there is also another side of the coin that should be considered especially when looking from legal and judicial perspective. Right after a new regulation was imposed in 1901, it was clear that local people were ready to make use of the new judicial system. This is partly because the new system, regardless of its shortcomings, gave local people, including Malay ruling elites, opportunities to file cases against their enemies or demand justice.

  17. The Influence of Cognitive Biases on Court Decisions. Contributions of Legal Psychology to the Adversary Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

    Full Text Available The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs are the bases of verdicts? How can aversions and public opinion have an impact in the court decision? This paper analyzes and states the differences of the judicial role in the Mexican adversarial system and the inquisitorial models of justice. It also critiques the categories of the judicial officers and presents the circumstances that make an impact on judicial decisions, according to Psychology studies. It finally classifies cognitive biases and concludes that the more knowledge judges have about it, the more imparcial judgments will be.

  18. CONSIDERATIONS UPON ASSIMILATED ADMINISTRATIVE ACTS

    OpenAIRE

    2011-01-01

    Although the classic administrative courts know as object the acts against classic administrative acts, it should not be lost sight of the assimilated administrative acts, which also may be subject to acts in this litigation. Taking in consideration this category of acts, this study will examine the documents falling into this category and the impact that such acts have on public authorities. Given the significant increase of administrative cases that have as object assimilated administrative...

  19. 77 FR 28570 - Pure Magnesium From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2012-05-15

    ... overhead, selling, general and administrative expenses (``SG&A'') and profit of Madras Aluminum Co. Ltd. in... States,\\4\\ holding that a court abuses its discretion when it declines to remand to an agency when... remand order, the Court resolved a ministerial error allegation, holding that there was no...

  20. 5 CFR Appendix A to Subpart I of... - Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities

    Science.gov (United States)

    2010-01-01

    ... Awarding Former Spouse Survivor Annuities A Appendix A to Subpart I of Part 838 Administrative Personnel... RETIREMENT BENEFITS Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities Pt. 838, Subpt... Spouse Survivor Annuities This appendix provides recommended language for use in court orders...

  1. 78 FR 69817 - Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of...

    Science.gov (United States)

    2013-11-21

    ... International Trade Administration Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and... Commerce. SUMMARY: On January 18, 2012, the Court of International Trade (CIT) entered judgment in KYD Inc. v. United States, 807 F. Supp. 2d 1372 (CIT January 18, 2012) (KYD v. United States) affirming...

  2. CDA Judicial Council: blending idealism and practicality.

    Science.gov (United States)

    Kiger, Robert D

    2013-07-01

    The California Dental Association Judicial Council has the responsibility for interpreting and enforcing the Code of Ethics, for disciplining members and for fostering a climate of education and ethics awareness for CDA members. The Council recognizes the inherent difficulty in rigid enforcement of the Code of Ethics, and chooses to take an approach that educates and encourages members to embrace the highest standards of our profession as outlined in the Code.

  3. The role of the United States Supreme court in securing African Americans’ Civil rights in 1945–1952

    Directory of Open Access Journals (Sweden)

    Sementsov Nikolay Yur’evich

    2013-11-01

    Full Text Available The article dwells on the major United States Supreme court decisions that influenced African Americans’ civil rights progress in 1945-1952. These decisions referred racial segregation in transportation, education, housing and the election system. The Supreme Court reconsidered the federal power in civil rights protection against violations by states, local authorities and private persons. The issue is studied with a brief regard of previous court practice. The study concludes that a significant change in Supreme Court approach to the issue of race took place in 1945–1952. The cases examined allow determining the reasons of the change. They were the new international conditions and the policy of the national executive power. The first one is connected with the international condemnation of Nazi ideology as well as with the need to concur Soviet influence on the new independent sates inhabited by representatives of non-white races. The domestic reason is connected with the personality of president Harry S.Truman. He claimed officially for civil rights reform and turned the attention of all state powers, including the judicial one, to the issue. He gathered a special committee to make recommendations on the civil rights reform. It was also Truman who had formed the personal membership of Supreme court and pointed liberal judge Fred Winson as the court president. Some states had also prepared the basis for the court’s decisions by taking some non-discriminatory measures. The article also includes the comparative evaluation of the Supreme Court and other United States institutions performance in the issue of civil rights. The performance of Congress is determined as incommensurably lower than that of Supreme court. The Supreme Court appearance is regarded as a prerequisite for the followed civil rights movement. But strong opposition of southern states representatives indicated future difficulties of such actions.

  4. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

    The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court......'s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes. Udgivelsesdato: december 2004...

  5. [Consequences of the judgment of the Federal Constitutional Court on the fighting dog problem].

    Science.gov (United States)

    Hülsenbusch, M

    2005-03-01

    The Federal Constitutional Court decided with its "Dangerous dog-judgment" about the constitutional complaint of 53 dog breeders on the federal act combating dangerous dogs. This judgment was a so-called Pyrrhic Victory for the appellants. The Court declared the legislative competence of the federal level in this issue for null and void. But the statutory prohibition for breeding Pitbull-Terrier-, American Staffordshire-Terrier-, Staffordshire-Bullterrier-, Bullterrier-races and cross breeding out of this dogs will be governed in police laws by the Laender finally. The Standing Conference of the Ministers for Internal Affairs declared an appropriate recommendation. The use of the category "race" was refused by experts in discussions as completely wrong and not acceptable. But the Federal Constitutional Court reasons that the legislator can use the category "race" within his scope of evaluation and prognostication in accordance with the Constitution for the ban of import of dangerous dogs. The Court demands--because of the weak data background - that the legislator monitors the legislation, to adjust it according to current developments. The Constitutional Court creates with the judgment "dangerous dogs" legal certainty. The jurisprudence of the administrative courts of the Laender and of the Federal Administrative Court based on the category "race" was approved as well as the police laws of the Laender dealing with dangerous dogs.

  6. Constitutional Court's Review and the Future of Water Law in Indonesia

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

    Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

  7. Supreme Court rejects challenge to FACE.

    Science.gov (United States)

    1996-10-25

    On October 7, the US Supreme Court declined to hear Skott vs. US, a case challenging the Freedom of Access to Clinic Entrances Act (FACE). The 1994 law makes it a federal crime to use or attempt to use force, threat of force, or physical obstruction to injure, intimidate, or interfere with reproductive health care providers and their patients. The case came to the High Court after the US Court of Appeals for the Seventh Circuit overturned an earlier district court ruling and upheld the constitutionality of the federal statute in December 1995. Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women's health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress. FACE has been upheld by the US Courts of Appeal for the Fourth, Eighth, and Eleventh Circuits and eleven federal district courts. Two district courts have found the law invalid. This marks the third time the High Court has refused to hear a challenge to the law.

  8. Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

    Directory of Open Access Journals (Sweden)

    Gruodytė Edita

    2016-12-01

    Full Text Available In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

  9. 28 CFR 68.26 - Designation of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Designation of Administrative Law Judge... PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF... Designation of Administrative Law Judge. Hearings shall be held before an Administrative Law Judge...

  10. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...... studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results...

  11. Chinese Judge At WTO Court

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    China had its first judge appointed to the World Trade Organization (WTO) when the world body recently selected four senior jus- tices to its seven-people Appellate Body—top court.Lawyer Zhang Yuejiao was one of the four appointed on November 27 by the Dispute Settlement Body (DSB) for a four-year term.Her tenure will commence on June 1,2008.

  12. SANCTIONING DUPLICATION IN ADMINISTRATIVE AND PENAL AREAS

    Directory of Open Access Journals (Sweden)

    José Manuel Cabrera Delgado

    2014-12-01

    Full Text Available This article provides a first approach from the point of view of jurisprudence, to the recurring problem of concurrency sanctions in cases where further intervention of the courts has become necessary for administrative action. In this regard, the main judgments of both the Constitutional Court and the Supreme Court is, that have shaped the decisions that must be applied from the administrative level, in particular by educational inspectors, when it is foreseeable that it can produce a duplication of disciplinary procedures in the two areas, penal and administrative.

  13. TARGETED SANCTIONS, JUDICIAL ANTAGONISM OR LEGAL DIALOGUE

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2014-05-01

    Full Text Available This piece begins by illustrating the current status of United Nations targeted sanctions regimes, from the formal point of view. It then proceeds to explain the mechanisms of listing and de-listing at the UN level, as well as the means by which UN Member States, and the European Union, implement these sanctions in their national (regional legal orders, and why the chosen means of implementation create potential situations where the states (the EU might find themselves in breach of differing international obligations. In the final part, the article shows how the major international European courts (the Court of Justice of the European Union and the European Court of Human Rights have dealt with this potential conflict, and posits that their approaches are very different and will have different consequences: i.e. whereas the CJEU has taken a militant approach, which threatens to damage the unity of international law, the ECtHR has taken an unitary approach, which strengthens the international system, while also promoting human rights over sanctions.

  14. 论缓刑适用标准的改革与完善——以绵阳市涪城区人民法院近三年司法统计数据为例%Theory on the Reformation and Improvement of the Probation Application Standard Taking Judicial Statistics of Mianyang City Fucheng District People' s Court in Nearly Three Years as an Example

    Institute of Scientific and Technical Information of China (English)

    何显兵

    2012-01-01

    According to the statistical datas, application of probation mainly concentrates on the traffic ac- cident crime, crime of theft, crime of intentional injury, robbery; the main plot centers on probation for minors, active compensation or return, unfinished form, an accessory, actively paying fines, relatively minor circumstances, the attitude of confession. It is not appropriate that the criminal judicial practice a- lone takes statutory or discretionary circumstances of sentencing as probation applicable standard. Appli- cation of probation should adhere to the comprehensive evaluation principle whose core are social harm and personal danger, be cautious on the crime of causing traffic casualties and violent crimes, and distin- guish the application standard of property crime and violent crime of probation. We should establish the survey system before probation sentence, and allow deployment sentence debate on whether application of probation.%司法统计数据表明,缓刑适用的主要罪名集中在交通肇事罪、盗窃罪、故意伤害罪、抢劫罪等四个罪名;缓刑适用的主要情节集中在未成年人、积极赔偿或退赃、未完成形态、从犯、积极缴纳罚金、情节较轻、认罪态度好几个方面。刑事司法实践单独将某个法定或者酌定量刑情节作为缓刑适用标准是不妥当的。缓刑适用应当坚持以社会危害性与人身危险性为核心的综合评价原则,对交通肇事罪和暴力性犯罪应当慎重适用缓刑,区分财产性犯罪与暴力性犯罪的缓刑适用标准;并建立缓刑的量刑前调查制度,允许展开是否适用缓刑的量刑辩论。

  15. Preliminary or provisory injunction against public administration Tutela de urgência contra o poder público

    Directory of Open Access Journals (Sweden)

    Marcelo Lima Guerra

    2006-12-01

    Full Text Available The present paper is directed toward na analysis of legal norms imposing restrictions on granting a preliminary or provisory injunction against Public Administration, under the perspective of the constitutional rights theory and the constitutional model for judicial process, as well as to the analysis of a recent decision from brazilian Suprem Court on the issue.O presente trabalho é voltado à análise das normas restritivas à concessão de tutela de urgência contra o Poder Público, na perspectiva da teoria dos direitos fundamentais e do modelo constitucional de processo, bem como de recente decisão do Supremo Tribunal Federal sobre a matéria.

  16. Abortion on the Supreme Court agenda: Planned Parenthood v. Casey and its possible consequences.

    Science.gov (United States)

    Koslov, T I

    1992-01-01

    On June 29, 1992, the US Supreme Court released its Planned Parenthood of Southeastern Pennsylvania v. Casey opinion. A majority of the Court reaffirmed the essential holding of the landmark Roe v. Wade case, including a recognition of a woman's guaranteed constitutional right to choose an abortion before viability. At the same time, the Court eliminated Roe's trimester framework, established a new, less stringent undue burden standard for reviewing governmental limitations upon woman's right to choose, and applied this standard in upholding the constitutionality of most of Pennsylvania's abortion restrictions. Currently, 15 states have informed consent laws, and 13 states have laws requiring waiting periods between counseling and the abortion; many states also require parental notification or consent, some with the option of judicial bypass. Now that the Court has upheld the constitutionality of restrictions such as these, it is expected that states will enforce existing provisions and impose new limitations as well. In Illinois, the proposed Abortion Informed Consent Act would require the dissemination of particular information and then impose a 72-hour waiting period between counseling and abortion. In North Dakota, a state with only 1 abortion clinic, the State Attorney General announced that he expected to begin enforcing a 24-hour waiting period. And in Tennessee, as in other states, Casey may encourage courts to lift injunctions that have prevented enforcement of waiting periods or other restrictions. Casey explicitly implicates patient autonomy, the doctor patient relationship, and the First Amendment rights of health professionals. As the Court's new interpretation of Roe suggests, the right to privacy will never be immune from redefinition.

  17. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010

    Directory of Open Access Journals (Sweden)

    Sri Budi Purwaningsih

    2014-01-01

    Full Text Available The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1 of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1, 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99

  18. Law on the Market? Evaluating the Securities Market Impact of Supreme Court Decisions

    CERN Document Server

    Katz, Daniel Martin; Soellinger, Tyler; Chen, James Ming

    2015-01-01

    Do judicial decisions affect the securities markets in discernible and perhaps predictable ways? In other words, is there "law on the market" (LOTM)? This is a question that has been raised by commentators, but answered by very few in a systematic and financially rigorous manner. Using intraday data and a multiday event window, this large scale event study seeks to determine the existence, frequency and magnitude of equity market impacts flowing from Supreme Court decisions. We demonstrate that, while certainly not present in every case, "law on the market" events are fairly common. Across all cases decided by the Supreme Court of the United States between the 1999-2013 terms, we identify 79 cases where the share price of one or more publicly traded company moved in direct response to a Supreme Court decision. In the aggregate, over fifteen years, Supreme Court decisions were responsible for more than 140 billion dollars in absolute changes in wealth. Our analysis not only contributes to our understanding of ...

  19. Science In The Courtroom: The Impact Of Recent US Supreme Court Decisions

    Science.gov (United States)

    Poulter, Susan

    2000-03-01

    Most physicists' work is far removed from the courtroom, but the principles of physics are important to a number of legal controversies. Several recent lawsuits have claimed that cellular phones cause brain cancer. And litigation over claims that electromagnetic fields cause other cancers has even more important implications for society. The problem of how to distinguish good science from bad in the courtroom has vexed lawyers and scientists alike for many years, and finally drew the attention of the United States Supreme Court in 1993. The Court has now issued three opinions on the standards for screening expert testimony, which require trial judges to evaluate scientific expert witnesses to determine if their testimony is reliable. How well are the new standards working? Is the judicial system doing any better at screening out junk science? This session will discuss how the Supreme Court's opinions are being applied and suggest several strategies, including the use of court appointed experts, that are being implemented to improve the process further.

  20. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  1. China's Judicial Protection of Human Rights

    Institute of Scientific and Technical Information of China (English)

    SHEN LIANG

    2007-01-01

    @@ China has devoted great efforts to improving judicial protection of human rights in the past 30 years.It has ratified the International Covenant on Economic,Social and Cultural Rights,signed but yet to ratify the International Covenant on Civil and Political Rights and become a state party to the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment.In March 2004,the 10th National People's Congress adopted at its second plenary session the amendments to the Constitution,writing "the state respects and protects human rights" into the Constitution,declaring that China will use legal means to protect and safeguard human rights.

  2. Evaluating Judicial Performance and Addressing Gender Bias

    Directory of Open Access Journals (Sweden)

    Angela Melville

    2014-12-01

    Full Text Available Elek and Rottman argue that judicial evaluation is often biased against women and minority judges. The need to address bias is important, however often the desire for diversity seems so self-evident as to belie deeper analysis. This paper examines the two main rationales for gender equality on the bench. First, female judges are often considered necessary in order to bring a gendered perspective to judging, however it is argued that this rationale is flawed. Second, an alternative rationale based on equality and legitimacy is offered which avoids gender essentialism. While debates typically focus on these two rationales, a third rationale embraces both difference and equality/legitimacy. The presence of female judges has an important symbolic value which destabilises existing fraternal legal norms. Finally, increasing the number of female judges may not necessarily change judging, and this paper also analyses how the transformative potential offered by judicial diversity can work in practice. Elek y Rottman defienden que la evaluación judicial suele estar sesgada en contra de las mujeres y los jueces pertenecientes a minorías. La necesidad de abordar el sesgo es importante, sin embargo a menudo el deseo de diversidad parece tan evidente como para contradecir un análisis más profundo. Este artículo examina los dos motivos principales para la igualdad de género en el banquillo. En primer lugar, las mujeres jueces a menudo se consideran necesarias para aportar una perspectiva de género al hecho de juzgar, sin embargo, se defiende que este razonamiento es erróneo. En segundo lugar, se ofrece una alternativa lógica basada en la igualdad y la legitimidad que evita el esencialismo de género. Mientras que los debates suelen centrarse en estas dos razones, una tercera justificación abarca tanto la diferencia como la igualdad/legitimidad. La presencia de mujeres en la judicatura tiene un importante valor simbólico que desestabiliza las normas

  3. 北洋初期司法界与湖北军政当局的矛盾与抗争--以刘豫瑶案为例%Rivalries between the Judicial Circle and the Military and Political Authorities in Hubei Province During the earlier period of Northern Warlords Government---Focus on the Lawsuit of Liu Yuyao

    Institute of Scientific and Technical Information of China (English)

    张海荣

    2016-01-01

    The principle of judicial independence has been introduced into China since the Judicial Reform in late Qing Dynasty. During the early Northern Warlords Government period, although the political and economic situation was always disordered, the principle of judicial independence was still respected in appearance in a certain time. In winter of 1919, Wang Zhan⁃yuan, together with He Pei⁃rong, unexpectedly appointed Cheng Ding⁃yuan as the deputy Chief Justice of the Higher Court in Hubei province. Their excuse was Liu Yu⁃yao, the former Chief Justice, had bent law for selfish ends. Meanwhile, they also unlawfully detained the judge Chen Chang⁃cu in order to get the official seal. Such behaviors made a bad start for the highest provincial military officer interfering with judicial administration by force. Because the nature of this case was extremely bad, the Central Department of Justice, along with the Higher Court in Hubei province, fought back strictly. Both sides argued repeatedly with the judicial administration, as well as other issues. Finally the Central Government had to intervene and reaffirmed the principle of judicial independence. By showing the various cognitive conflicts and behavior patterns of all parties in this case, this paper examines multiple spectrums of relations between military and politics in the Northern Warlord period.%自清末实施司法改革以来,司法独立原则被正式引入中国。北洋政府初期,虽然政局扰攘不安、社会经济紊乱,但在一定时期内司法独立原则仍保有形式上的尊崇。而1919年冬,湖北督军王占元、省长何佩瑢藉口本省高等审判厅厅长刘豫瑶徇私枉法,竟擅自委任督军署军法课长程定远暂代厅长,并派兵拘押原代理厅长陈长簇,劫夺厅印,开民国以来地方最高军政长官联手干涉司法行政的嚆矢。由于该案性质极其恶劣,随即招致中央司法部与湖北高等审判厅的群体反击

  4. Procedural and Substantive Judicial Review of the Right to Health in Brazil

    OpenAIRE

    R. Perlingeiro

    2015-01-01

    This text seeks to identify the objective and subjective aspects of rights to an existential minimum in health care, based on international parameters which, because they are restricted to the internal scope of a nation, depend on a constitutional basis and on comprehensible facts, the demonstration of which should be the responsibility of the national administrative authority. Regarding the judicial review of the minimum right to healthcare, this paper points out that it is a serious mistake...

  5. Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?

    Directory of Open Access Journals (Sweden)

    Karen Eltis

    2014-09-01

    Full Text Available What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary recommendations for more prudent and advised ESM use.

  6. Collaborators at domestic jurisdiction: the case of the Basque Government in the setting up of the new Judicial Office in the Basque Country

    Directory of Open Access Journals (Sweden)

    Izaskun Iriarte Irureta

    2011-12-01

    Full Text Available The Administration of Justice in Spain is going through a deep modernisation process aiming both at procedural and organisational reforms. The setting up of the new Judicial Office is precisely the major change of the organisation of the Administration of Justice in the last century. In this context, there is a shift in the role played by the regional governments with responsibilities in the field of Justice, as far as these regional governments are not only collaborators of the Judiciary at domestic jurisdiction, but they also become “actors” as they have decision making powers to create, to design and to organise the common procedural services of the Judicial Office and, hence, to set up the Judicial Office in each judicial district in their territory.This text presents the context and the reasons behind the setting up of the Judicial Office as a new way of organisation of the Spanish Administration of Justice; the Judiciary in Spain and the responsibilities of the regional governments in the Administration of Justice; the meaning of the Judicial Office and its guiding principles; the role of the Basque Government in setting up the Judicial Office in the Basque Country, paying special attention to its activity in the field of standardization of processes, the quality system, and of information, communication and coordination; the results of the first Judicial Offices. Finally the paper questions whether the regional or national governments are just “collaborators” or real “actors” of the Administration of Justice at domestic jurisdiction.

  7. Court representation in Russia before 1917 (historical aspect

    Directory of Open Access Journals (Sweden)

    Konstantin V. Ilyashenko

    2015-12-01

    has a constitutionalguaranteeing value not only in relation to the judicial protection of individual rights and freedoms of a person and citizen but also from the point of view of ensuring the effective exercise of justice. In this respect the legal representation institution is a means of guaranteeing the constitutional principles of justice and a means of providing the adversarial character of the court trial. Scientific novelty the article considers the origin and development of the legal representation institution in Russia the development of this institution before 1917. The conclusion is made about the imperfection of the 1864 judicial reform in terms of reforming the legal representation institution. For the first time using retrospective approach a parallel is drawn between the legal representation institution that existed in Russia before 1917 and the modern judicial representation. Practical significance the main provisions and conclusions of the article can be used in research and teaching in addressing issues about the formation and development of the legal representation institution in Russia. nbsp

  8. Legal Terms Used in Reception Order and their Relevance to Judicial Process

    Science.gov (United States)

    Subramanian, Nakkeerar; Ramanathan, Rajkumar; Kumar, Venkatesh Madhan; Chellappan, Dhanabalan Kalingarayan Palayam; Ramasamy, Jeyaprakash

    2016-01-01

    Introduction: Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. Method: They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. Results: The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Discussion: Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed. PMID:27833226

  9. Legal terms used in reception order and their relevance to judicial process

    Directory of Open Access Journals (Sweden)

    Nakkeerar Subramanian

    2016-01-01

    Full Text Available Introduction: Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. Method: They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. Results: The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Discussion: Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed.

  10. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  11. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  12. The first key decision of the Higher Regional Court Duesseldorf on investment budgets. Unlawfulness of the amount for the avoidance of double incentives; Erste Leitentscheidung des OLG Duesseldorf zu Investitionsbudgets. Rechtswidrigkeit des Betrags zur Vermeidung von Doppelanerkennungen

    Energy Technology Data Exchange (ETDEWEB)

    Ruge, Reinhard

    2011-04-15

    With the decision of the Higher Regional Court Duesseldorf (Federal Republic of Germany) from 12th August, 2010, the first judicial decision was issued to permit investment budgets according to paragraph 23 ARegV. The third Cartel Division of the Higher Regional Court mainly had to deal with the practice of the Federal Network Agency to avoid double incentives. The Higher Regional Court Duesseldorf suspended this cost reduction to be unlawful and obliged the Federal Network Agency for a new contentment taking into account the legal opinion of the Higher Regional Court. Since the contribution to avoid double incentives represents a core aspect of the practice of the Federal Network Agency for the approval of investment budgets, the decision of the Higher Regional Court is a key decision of incentive regulation.

  13. Reforma al poder judicial de la federación

    OpenAIRE

    Santiago Nieto Castillo

    2007-01-01

    Por Reforma Judicial se entiende el proceso de diagnóstico, evaluación, propuesta de modificación (estructural y procedimiental) que se realiza en un Poder Judicial para fortalecerlo. Para diseñarla, es necesario conjugar tres ejes conceptuales (independencia, eficiencia-eficacia, accesibilidad) con las categorías institucionales que nos dibuja la forma de organización del poder judicial.

  14. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

    This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.

  15. Data driven information system for supervision of judicial open

    Directory of Open Access Journals (Sweden)

    Ming LI

    2016-08-01

    Full Text Available Aiming at the four outstanding problems of informationized supervision for judicial publicity, the judicial public data is classified based on data driven to form the finally valuable data. Then, the functional structure, technical structure and business structure of the data processing system are put forward, including data collection module, data reduction module, data analysis module, data application module and data security module, etc. The development of the data processing system based on these structures can effectively reduce work intensity of judicial open iformation management, summarize the work state, find the problems, and promote the level of judicial publicity.

  16. 公司董事勤勉义务和裁判标准适用研究%Research on the Director ’s Duty of Diligence and Judicial Standard

    Institute of Scientific and Technical Information of China (English)

    徐晓

    2014-01-01

    我国《公司法》对董事勤勉义务的规定略显粗糙,导致司法适用出现混乱情况。通过比较英美法上的“适中标准”、德国法上的“专家标准”、日本法上的“善良管理人标准”,以及分析司法实践中法官对于该问题的判决,英美法上的“适中标准”适合我国国情。此外,法院判决必须考虑如下因素:董事在公司中的地位,公司经营的行业或公司的规模;公司的经营状况等。%The Company Law of the People's Republic of China on the director's duty of diligence is not specific enough, thus, it caused some confusion in the judicial application. The paper compared the moderate standards in Common Law, the expert standards in German law, kindhearted administrator standard in Japanese law and the judgment in the judicial practice. It found that the moderate standards in Common Law is suitable for China’s situation. In addition, the court must take the following factors into consideration: the directors' position in the company, the industry and scale of company; operating condition of company, etc.

  17. Political and judicial checks on corruption

    DEFF Research Database (Denmark)

    Alt, James E.; Lassen, David Dreyer

    2008-01-01

    This paper investigates the effects of checks and balances on corruption. Within a presidential system, effective separation of powers is achieved under a divided government, with the executive and legislative branches being controlled by different political parties. When government is unified......, no effective separation exists even within a presidential system, but, we argue, can be partially restored by having an accountable judiciary. Our empirical findings show that a divided government and elected, rather than appointed, state supreme court judges are associated with lower corruption and...

  18. Alternatives to the Judicially Promulgated Feres Doctrine

    Science.gov (United States)

    2007-04-01

    1950) (barring a soldier’s suit against the Government for negligently performed surgery). 24 See Costo v. United States, 248 F.3d 863 (9th Cir...Doctrine A. Ambiguous Standard 198 See Costo v. United States, 248 F.3d 863 (9th Cir. 2001) (barring suit for the wrongful death of a sailor who drowned...courts tend to bar the service member’s claim. See Costo v. United States, 248 F.3d 863 (9th Cir. 2001) (barring suit for the drowning death of a

  19. Collective Labor Disputes and Strikes in Russia: The Impact of Judicial Precedents and Enforcement

    Directory of Open Access Journals (Sweden)

    Elena Gerasimova

    2017-01-01

    Full Text Available The right to strike is recognized in the Constitution and the Labor Code of the Russian Federation as a means to resolve collective labor disputes. However, in Russia labor protests come up for discussion much more frequently than strikes. In recent years the number of labor protests in Russia, including various forms of work stoppage, has increased significantly compared to previous years, but the number of legally constituted collective labor disputes and strikes has remained very low. The legislation on resolution of collective labor disputes and mounting strikes is quite restrictive in Russia, and its enforcement also encourages employees to seek alternative ways to settle collective labor conflicts. There is little empirical research on the judicial implementation of these norms and its influence on the enforcement of legislation. Therefore, this paper analyses the reasoning of courts in cases on the legality of strikes, their interpretations of the law, and the impact these decisions have on the enforcement of the legislation on resolution of collective labor disputes and strikes. Our conclusion is that the courts act as another restrictive influence on the resolution of collective labor disputes and the exercise of the right to strike in Russia.

  20. The Impact of Teen Court on Young Offenders. Research Report.

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.

    This paper reports findings from the Evaluation of Teen Courts Project, which studied teen courts in Alaska, Arizona, Maryland, and Missouri. Researchers measured pre-court attitudes and post-court (6-month) recidivism among more than 500 juveniles referred to teen court for nonviolent offenses. The study compared recidivism outcomes for teen…