Reassessing Judicial Independence and Impartiality against the Backdrop of Judicial Appointments in South Africa

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Koos Malan

2014-12-01

Full Text Available The South African Judicial Service Commission (JSC, considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately erupted into a full-blown conflict between those who could here be referred to as the transformationists, on the one hand, and the liberals, on the other. The transformationists, who may generally be regarded as falling within the sphere of influence of the ruling elite under the African National Congress (ANC, are bent on pursuing the policy of transformation. Hence they insist that the composition of the bench must reflect the national population profile and on individual judges' pursuing the ruling party's ideological goals. The liberals reject this as a threat to judicial independence and the professional competence of the judiciary. On close analysis the clash is based on incompatible interpretations of judicial independence and impartiality. This article is a critique of these interpretations against the backdrop of an assessment of what these notions can reasonably be expected to achieve. It is argued that the liberals are harbouring unrealistic views about judiciaries, believing them to wield power which may even extend over matters of political significance, powers on a par with or even outweighing those of the political branches. However, on proper analysis it is clear that the judiciary is in fact, firstly, inherently weak and dependent on the support of the political branches; and, secondly, it is integrated into the ruling elite with whom they share the same ideological assumptions without any inclination to oppose them. Hence, the impartiality of the courts, when it comes to politically sensitive issues, is distinctively politically (regime relative and ideologically conditioned. Ironically the transformationists have bought into the liberals' erroneous belief in the potency of the courts (in the above-mentioned sense

Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment

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Belinda Pereira Cunha

2016-12-01

Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, we intend to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development.

DE PODER NULO A SUPERPODER: O JUDICIÁRIO DE MONTESQUIEU, REVISITADO | FROM NULL TO SUPER-POWER: MONTESQUIEU’S JUDICIARY REVIEWED

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Sandro Luís Tomás Ballande Romanelli

2016-08-01

Full Text Available This article discusses the Judiciary within the doctrine of separation of powers, aiming to provide historical and political data that could explain judicial protagonism. This is achieved through book reviews of contemporary political science literature and classic authors from the 18 th century. Therefore, it aims to examine in depth some chapters of Montesquieu’s “Spirit of laws” classic book, expressing how its theory of judicial power was deeply linked with ancient régime’s judicial system, in a context where 18 th century French Judiciary Power was a great source of threat to both political and legislative powers. The paper addresses how the American Constitution bended the original theory, moving from an absolute separation of powers towards a super-powered Judiciary in defence of individual liberties, acting as counterbalance to state assemblies and local political powers. In conclusion, it stands that Judicial Power protagonism doesn’t violate the classic theory of separation of powers.

Making Judges Independent – Some Proposals Regarding the Judiciary

OpenAIRE

Lars P. Feld; Stefan Voigt

2004-01-01

It is argued that an independent judiciary is a necessary condition for both individual liberty and economic prosperity. After having surveyed the literature dealing with how to arrange for an independent judiciary, the authors derive some additional policy implications by drawing on two indicators of judicial independence (JI) recently introduced by them. De facto JI has a robust and highly significant impact on economic growth. Individual components of both de jure and de facto JI on econom...

Construção da imagem institucional do Poder Judiciário - uma análise baseada nas campanhas publicitárias do Conselho Nacional de Justiça Institutional image building for the Judiciary Power - an analysis based on the advertising campaigns of the National Council of Justice

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João Felipe Rammelt Sauerbronn

2012-12-01

Full Text Available Com a criação do Conselho Nacional de Justiça (CNJ em 2004, passou a existir no Judiciário um espaço para reflexão e orientação das práticas e do posicionamento institucional deste Poder. Dentro do escopo do CNJ encontra-se o planejamento das ações promotoras da mudança da imagem do Judiciário, que inclui campanhas publicitárias lançadas desde 2008 pelo CNJ com o intuito de promover uma nova maneira como o Judiciário interage com a sociedade. Este artigo tem por objetivo apresentar como o CNJ utiliza peças publicitárias para construir a imagem institucional do Judiciário diante dos cidadãos. Para tanto, as peças publicitárias oficiais lançadas pelo CNJ foram analisadas com base no método de análise do discurso publicitário proposto por Pinto (2002, que sugere uma abordagem interpretativa, fundamentada na análise de três funções do discurso publicitário: mostração; interação; e sedução. Por meio da análise das peças foi possível oferecer uma interpretação a respeito da proposta de construção de imagem institucional em questão. Fica clara a utilização de dois discursos publicitários que conferem uma base à construção da imagem do Judiciário pelo CNJ: o discurso operacional, que se refere fundamentalmente à divulgação de métodos de prestação jurisdicional que aumentem a celeridade do Judiciário; e o discurso social, que coloca o Judiciário como condutor da discussão de temas controversos, como a punição à violência contra a mulher, a aplicação de penas alternativas e a ressocialização de egressos do sistema prisional, o que claramente evidencia a nova postura do Judiciário.Since the National Council of Justice (CNJ was created, in 2004, there's a space in the Judiciary for reflection and guidance with regard to the practices and institutional positioning of this Power. Within the scope of CNJ, one finds out the planning of actions promoting a change in the Judiciary image, which

What Happens when the Judiciary Switches Roles with the ...

African Journals Online (AJOL)

The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the ...

Public Policy Environment: legalization and judicial activism for sustainable development

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Belinda Pereira da Cunha

2017-04-01

Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, it sought to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development. The methodology used was a literature review and secondary data collection. It was noticed a different activism in the face of environmental issues.

21 Cost-Saving Measures For The Judiciary

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Jessica Vapnek

2013-02-01

Full Text Available Courts around the world are increasingly facing budget cuts and funding shortfalls. Budget problems are particularly acute in developing countries, where courts need to increase efficiency and access to justice while also managing resource limitations. International development agencies and donors expect measurable progress to justify continued funding of judicial reform projects. Yet, as rule of law efforts in developing countries improve public perception of courts and streamline court administration, more cases may be filed. Greater use of the courts puts greater strain on court resources, triggering the need to implement cost-saving measures while maintaining effective court administration.This paper outlines 21 measures that courts can implement to reduce costs. Specific examples from developing countries are presented wherever possible, with additional examples drawn from the United States and Europe. Although this paper is intended mainly for audiences in developing countries, the issues facing those courts are similar to issues addressed through court reforms in the United States over the past 50 years. For this reason, examples of cost-saving measures from developed countries such as the United States may be directly applicable or could be used as starting points to spur further cost savings innovation in the developing world.Section I of this paper explains the context for the implementation of judicial cost-saving measures, and raises some issues for reflection. Section II sets out specific judicial cost-saving measures, dividing them into three categories: measures that address court operations; measures directed at staffing and salaries; and measures that relate to court and case management. Section III discusses ways that countries and judiciaries can generate ideas for new and innovative cost-saving mechanisms.

20 CFR 418.3610 - Is there administrative or judicial review for administrative actions that are not initial...

Science.gov (United States)

2010-04-01

... Administrative Review Process § 418.3610 Is there administrative or judicial review for administrative actions... reviewed by us, but they are not subject to the administrative or judicial review process as provided by... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there administrative or judicial review...

HISTORIOGRAPHY GENERAL, REGIONAL AND SPECIAL STUDIES OF JUDICIAL REFORM IN RUSSIA 1864

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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 - through analysis and synthesis of existing studies of the judiciary and judicial reforms.The purpose of this study - to explore the historiography of general, special and regional studies of judicial reform of1864 inRussia, to classify research on history and on the subject of the study.Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the significant weight of the studies of the judicial reform of 1864 and classified by facilitating orientation interested in individuals in the study subjects.The author uses historical, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research.The author analyzes the historiography of general, special and regional studies of the judicial reform of1864 inRussia, introducing a classification of such studies in chronological order (pre-revolutionary, Soviet and modern stages and subject matter (common - affecting all aspects of judicial reform, special - dedicated to a particular aspect (legal agencies, prosecutors, legal, etc. and regional - dedicated to judicial reform, or some aspects of it in some regions of Russia.The results of this study are scientific and practical value, because they can be useful for teaching students - in industry disciplines "judiciary", "advocacy", "notary public", "public prosecutor's supervision" and general theoretical "History of State and Law," "History of the fatherland" ; in science - by picking up information about the historiography of the judicial reform, and in practice - said work can serve as a guide to research judicial reform, which may be useful to practitioners of judicial and investigative bodies, as well as - prosecutors

Problems of corruption in transition: A case of judiciary

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Vuković Slobodan V.

2004-01-01

Full Text Available The author is analyzing intensity and outspread of corruption in Serbian judicial system, with special emphasis on business courts. After the introductory part, the analysis starts with the trust of the citizens and economic subjects in the institution of judiciary. Then author elaborates the extent to which Serbian judiciary is liable to corruption, how large is the corruptive pressure, in what scope it is corrupted and what actors bear crucial responsibility for the present situation. Hence, basic causes of corruption, the scope and locations and the channels through which it spreads are being analyzed. At the end, a point view of entrepreneurs regarding the causes of corruption in business courts will be presented.

Autogoverno, Regulação, Função Normativa e Independência Interna no Judiciário / Self-Government, Regulatory Power and Judicial Independence

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André Melo Gomes Pereira

2016-10-01

Full Text Available Purpose – This paper focuses on the relationship between the performed normative function and the judges’ internal independence, often by general and abstract commands, for self-government agencies with regulation functions in the Judiciary. Methodology/approach/design – This study implements analyses of standards and regulation literature, normative function, self-government and judicial independence. Illustratively, courts’ decisions on specific cases were analyzed. Special attention was given to the theoretical bases of regulation, the normative function of government agencies and to the democratization proposal of judicial self-government, a model notedly proposed by Zaffaroni. Findings – Self-government implies regulation. Regulation involves the exercise of normative function. Internal democratization of judicial self-government and participation of all regulated agents in the Judiciary are necessary tools to ensure legitimacy and the internal independence for the exercise of normative functions and the whole set of activities put forward by self-government agencies. Practical implications – The paper discusses a change in the institutional design of self-government in the Judiciary and the limits imposed by its the normative function. Originality/value – It correlates the regulatory function developed by self-government agencies with the assurance of judges’ internal independence.

Modernization experience of judicial policy post soviet countries

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O. A. Antoniuc

2014-12-01

The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other post­Soviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the model­speakers of judges, the development of pre­trial (mediation and alternative (arbitration courts forms of dispute resolution.

A judicial review of political questions under Islamic law

OpenAIRE

Abdulfatai O. Sambo; Hunud Abia Kadouf

2014-01-01

The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review ...

Judicial Review: Issues of State Court Involvement in School Finance Litigation.

Science.gov (United States)

Colwell, William Bradley

1998-01-01

Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

Silence is no Longer Golden: Media, Public Relations and the Judiciary in Israel

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Anat Peleg

2014-10-01

Full Text Available The media policy of judiciaries is inherently fraught with potential conflicts. On the one hand, judiciaries have strong incentives to foster their relations with the media, and recognize the fact that public confidence is in many ways dependent on quality reporting of the courts. On the other hand, according to classical judicial ethos, silence in the public sphere outside the courtroom still appears to be a central tenet of judicial ideology. Our study, based on interviews with 40 Israeli judges conducted between 2005-2012, points to the contradiction between the formal restraints on judicial media conduct and the judges' acknowledgement of the need for a pro-media approach in an age of transparency and growing public distrust of governing institutions. Our findings regarding the PR practices of the Israeli Judiciary and its responses to the challenges of the media age are analyzed in light of current theories in public relations. La política de medios del poder judicial está llena de conflictos potenciales. Por un lado, el sistema judicial tiene grandes incentivos para fomentar sus relaciones con los medios de comunicación, y reconocen el hecho de que la confianza del público depende en muchos casos de la calidad con la que se informa de los juicios. Por otro lado, y siguiendo los valores judiciales clásicos, todavía es un principio básico de la ideología judicial que se mantenga el silencio en la esfera pública, fuera de las salas de los juzgados. Este estudio, basado en entrevistas con 40 jueces israelíes llevadas a cabo entre 2005 y 2012, pone de relieve la contradicción entre las restricciones formales en la conducta de los medios de comunicación judiciales, y el reconocimiento de los jueces de la necesidad de acercar los medios de comunicación, en una época de transparencia y mayor desconfianza pública hacia las instituciones gobernantes. Se analizan los hallazgos sobre las prácticas de relaciones públicas del sistema

Judicial Reform Pursuits in Ethiopia, 2002-2015:

African Journals Online (AJOL)

EN_Stebek

research on specific themes related with judicial reform. 1 Report and ... focused on legal education and law reform; the second, on basic needs legal aid; the third ... realities that brought about the challenges in achievement because the most .... (a) when the judiciary's public reputation for political impartiality and rectitude.

The judiciary in a free society

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Miguel Morgado

2006-04-01

Full Text Available There is increasing debate about the “crisis of the judiciary”, although in modern societies this expression (independent from its concrete content specifically designates the crises of liberal democratic justice, or, it could be said, the crises of the judiciary in liberal and democratic society. Thus, any discussion about the “crisis of the judiciary” appears to demand a contextual framing that helps to clarify the place occupied by the judicial branch in societies such as ours. This article seeks to elucidate this context, from the political and constitutional point of view. The perspective of the History of Political Thinking is considered the most useful, to the degree to which it points to the origin of the intellectual foundation not only of modern judicial power, but of modern society as a whole. In this article, John Locke and Montesquieu are presented as two essential authors because they have made an indelible contribution to this dual structure.

Quality of Judicial Organisation and checks and balances

NARCIS (Netherlands)

Ng, G.Y.

2007-01-01

This PhD project explores the possibility of creating a normative way of assessing quality of the judicial organisation by arguing that legitimacy is related to the functioning of the organisation. This further leads to the idea that the judiciary can be held constitutionally accountable for its

O Manicômio Judiciário: saúde ou justiça? The Judiciary Mental Hospital: a question of health or of law?

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Evelin Naked de Castro Sá

1985-10-01

Full Text Available O Manicômio Judiciário, por ser um hospital-presídio, pode estar subordinado tanto à Secretaria da Saúde como à Justiça. Como elementos de análise dessa decisão, são apresentadas comparações estruturais e de recursos humanos entre o Manicômio Judiciário e a Penitenciária de Araraquara, entre a situação de recursos humanos do Manicômio em 1981 e 1984 e entre os salários de algumas funções de servidores ligados àqueles tipos de instituições. As conclusões apontam a Secretaria da Justiça como a mais adequada para subordinar o Manicômio Judiciário, desde que tomadas algumas medidas de modernização organizacional. É sugerido um quadro de pessoal estruturado percentualmente por subgrupos de funções. As propostas relativas ao pessoal necessitam ser tratadas em leis complementares que garantam, por sua hierarquia, o atendimento das condições excepcionais de trabalho do Manicômio Judiciário.As the Manicômio Judiciário (a Judiciary Mental Health Hospital is a hospital-prison it could be subordinated either to the State Health Department or to the Department of Justice. In order to reach a sound decision regarding this issue, structural and human resource comparisons as between the Manicômio Judiciário on one side and the Araraquara Prison on the other are provided. Comparisons between the status of the human resources of the Manicômio Judiciário in 1981 and 1984 and between the wages earned by workers exercising similar functions and belonging to similar institutions are also presented. The conclusion points to the Department of Justice as the most adequate institution to which the Manicômio Judiciário should be subordinated, provided some up-to-date managerial measures are taken. A personnel chart is suggested, showing percentages of people organized according to subgroups of functions. The proposals regarding personnel must be dealt with by, supplementary laws which guarantee, adequate provision for the

When The Judiciary Flouts Separation of Powers: Attenuating the Credibility of the National Prosecuting Authority

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Lindiwe Maqutu

2015-12-01

Full Text Available The stature of the National Prosecuting Authority (NPA has been subverted through highly publicised political interference by the executive. Beginning with the marathon legal entanglements of the current South African president the decisions of sitting National Directors of Public Prosecutions (NDPP on high-profile criminal matters, particularly those involving prominent members of the political leadership, have been marred with controversy. Undoubtedly unwarranted intrusion into the prosecutorial domain, at the behest of key political protagonists, has blighted the repute of the NPA. The judiciary too has played a pivotal, if lesser role, in eroding the sagging reputation of the NPA. This article charts the narrative of judicial influence on the diminishing credibility of the NPA, using selected cases from the recent past. It shows that key political events such as the Zuma corruption saga have placed the judiciary together with political forces at centre stage where the focus is their culpability for exceeding their lawful mandate. Finding itself vulnerable as a result of its being the target of rhetoric casting doubt on its integrity and threatening its independence, the judiciary (through a crucial judgment entered the political fray and positioned itself behind what it judged to be the pervasive political sentiment of the day. The article examines whether, subsequently, in an effort to curb undue political influence of the executive on the NPA, the Constitutional Court in Democratic Alliance v President of South Africa interpreted and extended judicial authority in a manner that violated the doctrine of separation of powers. Furthermore, the article argues that in Freedom Under Law v National Director of Public Prosecutions the court again misconstrued its powers by unduly interfering with the discretionary decision-making powers of the NDPP. These cases illustrate that, once they have been issued, the far reaching consequences of judicial

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

OpenAIRE

Rodrigo Murillo

2014-01-01

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 int...

PODE O JUDICIÁRIO AGIR CONCRETAMENTE ALÉM DOS LIMITES DE SUA COMPETÊNCIA – ATIVISMO JUDICIAL E JUDICIALISMO DA POLÍTICA

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Aline Fonseca Franco

2015-03-01

Full Text Available The Social Democratic State and the program law inserted in the current Constitution caused an increase in demand to the judiciary, according the establishment of an awareness of rights. In this scenario, adding to the intense legislative activity, open to implement changes in the judiciary, verified by the change in the form of subsumption judge previously grounded in the fact the norm, adopting finalistic criteria hermeneutics, applying principles general rights. Thus, arise judicialization of law and judicial activism. The judiciary issued various decisions along these lines, which achieve effects on social and political issues. This position brings up discussions about the legitimacy of this action. This addresses the issue by bringing historical aspects and decisions presenting pro and con positions. It was concluded that there is no way to defend the total absence of activity of the judiciary, but unreasonable legal interference too, otherwise affront to republican principles.

Shouldn't the Bench be a Mirror? The Diversity of the Canadian Judiciary

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Avner Levin

2017-12-01

Full Text Available This paper assesses the diversity of the judicial bench in the Canadian metropolitan areas of Vancouver, and Montreal. Five years ago, a study by Ryerson’s Diversity Institute confirmed that visible minorities make up only 8.3% of the judges in the most diverse city in Canada, Toronto. The paper discusses whether a representative canadian judiciary enhances (and perhaps is even a pre-requisite for the Administration of Justice, and whether a more diverse bench, where subjective identity may play a central role, would compromise the presumed objectivity of judicial decision-making. Este artículo examina la diversidad del sector judicial de los centros urbanos más diversos de Canadá –Toronto, Vancouver y Montreal– y mide la brecha entre la composición demográfica del cuerpo judicial y la población a la cual sirve. A continuación, el artículo toma en consideración los factores que contribuyen a perpetuar la homogeneidad de los juzgados canadienses, y hace referencia a los argumentos de que un proceso de nombramiento que tomara en cuenta la identidad podría poner en entredicho la meritocracia o la presunta objetividad de la toma de decisiones judiciales. Nosotros argumentamos que unos datos públicos fiables sobre la composición de los juzgados y una visión y una estrategia claras por parte del Gobierno son cruciales para la administración de la justicia en los juzgados canadienses.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3034201

Problems of judiciary trust

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Vuković Slobodan

2007-01-01

Full Text Available Topic of the article is problem of trust in judiciary as a most important part of legal system. For all empirical researches so far have shown very law degree of this trust many authors were searching for the causes of this phenomenon. Among multifold causes some are special worth while to be mentioned here: historical inheritance, political pressures, delaying of judiciary decisions, respect of the laws, transferring of responsibility from political power to the judiciary, public comments of judiciary decisions, media pressures, efficiency of judiciary and police. Among inner factors author pays attention to competency of judges, modes of penal policy, modes of judges’ entitlement, problems of communication, involvement into criminal and corruptional affairs, etc.

From to the Liberal State into the Social and Democratic State of Law: Analysis of the Emergence of Judicial Activism

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Alexandre Luna da Cunha

2016-10-01

Full Text Available This article will examine the relationship between the judiciary and the effectiveness of social rights and, consequently, the vaunted judicial activism. More specifically, the article will answer the following question: the role of the judiciary has changed with the development of state models? Article develop their problem by analyzing the function of the judiciary in each of these rule of law models: the Liberal, Social (in spite of that State have not been fully implemented in Brazil and the Democratic. To do so, take into account the relationship between the established powers republish, social movement for the conquest of rights and assertiveness of a new generation of rights. The "Judicial activism" is analyzed as the practical consequence of a new constitutionalism, more guided in the realization of social rights outlined in the constitutions of democratic character.

Perception of the judiciary law by the law-maker

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Valeriy V. Lazarev

2016-01-01

Full Text Available Objective to develop conceptualtheoretical provisions and scientific recommendations for the implementation of judiciary decisions in the legislation of the Russian Federation. Methods universal dialectic method of cognition as well as the general scientific and private research methods based on it. Results the necessity to analyze the fundamental precedent judicial decisions for the possible implementation of the legal positions of courts into legislative acts. The problem is not confined to the perception of provisions created by the constitutional charter courts. The paper shows the main directions of future activities on the implementation idea. The operation of the Department is shown which was created at the Institute for Legislation and Comparative Law at the Government of the Russian Federation entrusted with the relevant functions. Scientific novelty the mechanism of implementation of judiciary decisions in the Russian legislation has been developed and introduced into scientific circulation. Practical significance the findings of this paper can be used in scientific legislative and lawenforcement activities and the educational process of institutions of higher education.

Juristocracy in Brazil Ran Hirschl's Perspective About Judicial Empowerment

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Claudia Maria Barbosa

2015-12-01

Full Text Available Within the classical view of separation of powers, the judiciary originally occupied the weaker position. What is observed today, however, is a displacement of power from representative institutions to the judiciary, erecting a new kind of political regime that the Canadian political scientist Ran Hirschl called juristocracy. This paper intends to discuss this movement basing on the idea of hegemonic preservation, presented by Hirschl in his work Towards Juristocracy whose central hypothesis is that the political, economic and social elites voluntarily transfer power to the judiciary, when threatened of losing their hegemony in the political sphere. In Brazil, the 1988 Constitution turned the Supreme Court into one of the world's most powerful courts, which works at the same time as constitutional court, court of appeals and criminal court, responsible for deciding the most fundamental issues for brazilian society. We present at first, the examples used by Hirschl to illustrate his thesis about the judicial empowerment through constitutionalization, analyzing the political and economic changes in recent history of Israel, Canada, New Zealand and South Africa, followed by an analysis of the phenomenon in Brazil. We conclude that it is not possible to determine, in principle, the occurrence of hegemonic preservation in Brazil, but that Hirschl's analysis that offers an answer that challenges the traditional view on the judicialization of politics, contributes to the discussion and analysis of the phenomenon in Brazil.

Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch

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Beatriz Gershenson Aguinsky

2006-04-01

Full Text Available 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 judicial channels, leads to a reduced commitment of the State as a whole, to face social issues and toward the depoliticization of the public sphere. This adverse situation challenges social assistants to take an ethical-political direction in their professional responses to the demands of judicialization of the social question that is presented daily to the Judicial Branch.

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.

Vertical accountabilitlity and democratization of Judiciary: the end of restricted suffrage

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Lourival Barão Marques Filho

2017-02-01

Full Text Available The National Council of Justice holds the Judiciary Branch horizontality accountable, however, other Judiciary institutions still lack vertical accountability that shall promote internal democratization. The transposition of Guilhermo O’Donnell’s concept of vertical accountability is useful to democratize administration in Courts of Justice. The verticality in this perspective can be expressed by the possibility of judges to choose, watch, punish and reward their administrators. A new arrangement, based on efficient mechanisms of accountability, can provide a legitimacy that lacks for the internal public of these institutions, especially with direct election for the presidency of Courts of Justice.

Change of position of constitutional judiciary

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Orlović Slobodan P.

2013-01-01

Full Text Available Constitutional judiciary is the youngest branch of authority in the horizontal level of state power. Constitutional judiciary has, during its existence - during two centuries as an ordinary court and during one century as a special authority, changed its position, role and importance. Those characteristics of constitutional judiciary had an increasing way - the position became better, in political and law sense, its role has expanded and the importance has increased. Today, constitutional judiciary is an inevitable subject of constitutional regimes in huge number of states (between them are almost all federations but, in the same time, constitutional judiciary is an authority which is at least limited by the constitution. The constitution is "soft" to the constitutional judiciary because the judiciary interpreted the constitution in accordance to its political and law attitudes, hidden by the guise of protection. Different separation of power, a rise of executive power, requests for better protections of fundamental human rights, a changed role of state and executive power, altogether, have influenced to change of position of constitutional judiciary.

CONSIDERATIONS ABOUT TIME MANAGEMENT IN JUDICIAL ORGANISATIONS.

Directory of Open Access Journals (Sweden)

HULPUŞ IOANA ALEXANDRA

2015-08-01

Full Text Available Efficiency of justice is closely linked to the time factor as a key resource to be severely, judiciously used, saved. Because of the importance of this issue - of the preserved values - providing justice, the righteousness and not least the citizen himself, protecting its rights and interests, values that exceed privat sector priorities-the profit, time problem in judiciary management is more valuable. Time is a component of efficiency, performance, timeliness of trials being enshrined as a guiding principle and one of the most important procedural safeguards of the litigant. The study emphasizes an important aspect in terms of time management, the perspective of judiciary leader, who has to abide the law and its limitations and always having to balance between requirements, resources and optimum workload. In this context he should identify methods and work techniques that resonates with the legal provisions to manage time more efficiently.

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

Directory of Open Access Journals (Sweden)

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.

The role and limitation of judicial control in the licensing procedure under the Atomic Energy Act

International Nuclear Information System (INIS)

Sommer, W.E.

1983-01-01

This paper discusses the problems of the judiciary with decision-finding in proceedings where large and complicated technical installations are involved, presenting proposals aiming at more clearly defining and probably restricting judicial control. According to the author, a feasible step towards limiting the controlling competence of the judiciary is to more precisely define the factual characteristic 'state of the art in science and technology' which, in pursuance with sect. 7, sub-sect. 2 of the Atomic Energy Act is taken as a criterion to evaluate the efficiency of precautionary measures to prevent damage emanating from the erection and operation of nuclear installations. As the legislature explicitly wants the judiciary to use this characteristic, the judiciary has to have recourse to evaluation factors that do not belong to the science of jurisprudence. It is not the function of the judiciary to verify whether the 'state of the art' is based on appropriate principles. This adoption guarantees the 'best possible risk prevention and protection against hazards', as required by the Federal Constitutional Court. (orig./HSCH) [de

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

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

Corrupción en la Rama Judicial: una reflexión

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Horacio Escobar Luque

2013-07-01

Full Text Available ResumenUno de los más dañinos flagelos que azotan nuestrassociedades es la corrupción vista desde diversos ángulosy acciones. Vargas ( solo ve al Poder Judicial como objetode la corrupción, como ente corruptible, mas no comouna institución encargada precisamente de controlar lacorrupción. La única forma eficaz de superar los problemasendémicos de corrupción en nuestros sistemas judicialeses afrontar derechamente las profundas disfuncionesque estos manifiestan que constituyen las reales causasde los serios problemas de corrupción que los aquejan.Klitgaard ( formaliza el fenómeno de la corrupción dela siguiente manera: Corrupción = poder monopólico +arbitrio – responsabilidad. Villoria ( manifiesta que haycasos en que la judicatura no es un obstáculo contra la corrupción,sino un elemento esencial en su reproducción ydesarrollo, siendo un ejemplo de corrupción que contribuyea la deslegitimación del sistema político y corroe loscimientos de la gobernabilidad. Si se analizan, entonces,los problemas de los sistemas judiciales, con el objetivode buscar soluciones a sus altos niveles de corrupción administrativa,nos encontraríamos con: una organizaciónineficaz, la precariedad del empleo, desprecio de la ley,amiguismo, delegaciones, abogados corruptores, silencioy jerarquía judicial cooptada.Palabras clave: Corrupción, Rama Judicial, Monopolio,Amiguismo. AbstractOne of the most damaging scourges afflicting oursocieties corruption is viewed from different angles andactions. Vargas ( only sees the judiciary as an object ofcorruption as corruptible body, not as an institution toprecisely control corruption. The only effective way toovercome the endemic problems of corruption in ourjudicial system is straight addressing the root dysfunctionsthey say they are the real causes of serious corruptionproblems that afflict them. Klitgaard ( formalizesthe phenomenon of corruption as follows: Corruption =monopoly power + discretion

Constitutional and administrative paradigms in judicial control over EU high and low politics

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Cebulak Pola

2017-11-01

Full Text Available This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor or constitutional (judicial review as guarantee of fundamental rights in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.

Economic effects of corruption in judiciary

Directory of Open Access Journals (Sweden)

Begović Boris

2005-01-01

Full Text Available The aim of the paper was to explore economic effects of corruption in judiciary. The examination included the analysis of economic features of judiciary and economic mechanisms of corruption in judiciary within the theoretical framework of Backer's model of criminal behavior. The analysis demonstrates that corruption in judiciary violates the rule of law, hence undermines the fundaments of market economy and specialization, i.e. social division of labor as the ground for improving economic efficiency. As to the static economic efficiency, the most important effect of corruption in judiciary is transaction costs that are generated and the consequent allocative inefficiency. As to the dynamic economic efficiency, corruption decreases economic growth rates and reallocates recourses from productive to distributive activities. The effects of corruption in judiciary to economic inequality are not significant, particularly not comparing with the already identified effects to the economic efficiency.

NEOCONSTITUCIONALISMO: O ALICERCE DO ATIVISMO JUDICIAL BRASILEIRO / NEOCONSTITUTIONALISM: THE FOUNDATION OF THE BRAZILIAN JUDICIAL ACTIVISM

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Têmis Limberger

2017-04-01

Full Text Available The proposed study is based on the jurisdictional action of the Courts when adopting positions that go against the current legislation and even the Constitutional text, making use of premises of the neoconstitutional doctrine, which deals with the concrete application of the Federal Constitution, in order to demonstrate the use of these parameters as basis or foundation for judicial decisions of activist nature, and specifically to point out the effects of the judgments of this nature. The insecurity caused by the res judicata that adopt the practices worked in this doctrine, denying what is in the Law and in the Constitution, justify the relevance of the research, which faces these problems in the light of Contemporary Juridical Hermeneutics. The research method was the bibliographic survey and the study of judicial decisions, with emphasis on TSE and STF. Thus, in general, the objective is to make it clear that in these cases there is a misconception of the Judiciary in the form of interpreting and deciding, and it specifically points out that the decisions of the Electoral Courts reach out as an instrument of judicial activism, which is strengthened by the Neoconstitutional doctrine.

[The judicialization of health in the Federal District of Brazil].

Science.gov (United States)

Diniz, Debora; Machado, Teresa Robichez de Carvalho; Penalva, Janaina

2014-02-01

This paper seeks to analyze the Judiciary's approach with respect to demands for the judicialization of the right to health by means of a case study of civil lawsuits for access to health care in Brazil's Federal District. Judicialization of the right to health signifies the judicialization of various of the health services provided. This is a descriptive and exploratory case study that covers the Federal District and uses mixed techniques to gather and analyze data. This study analyzed 385 lawsuits (87% of the total number of cases of judicialization of health for the period from 2005 to 2010 that reached the Appellate court). The results indicate that the most judicialized service is access to intensive care unit, followed by drugs and health care. Almost all lawsuits are filed by public defenders, with medical prescriptions and recommendations from the public health service. The results of this study challenge some dominant themes in the national debate, particularly the claim that judicialization is a phenomenon of the elites and that the services judicialized are drugs. The study does not seek to make generalizations, but highlights the fact that the phenomenon of judicialization of health has different aspects encompassed under the same concept.

MACEDONIAN ADMINISTRATIVE JUDICIAL SYSTEM FOR SOLVING ADMINISTRATIVE DISPUTES COMPARABLE TO EUROPEAN SYSTEMS

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Sladjana Eftimova

2015-07-01

Full Text Available The structure of the legal system, through history until today mostly depends on law and policy which is conducted by the country. In European countries, there is position for historical and cultural conceptions for administrative judicature, differences and similarity that leave mark for solving administrative disputes. The obligation – an internal judicial reform to be established in legal system, is conducted by each of the countries after the breaking down and division of Social Federative Republic of Yugoslavia or SFRY due to following the European law for constitution of legitimacy and constitutionality of acts as well as implementing of independent administrative judicature. Analyze of the current condition regarding the independency and objectiveness of the judicature is necessary in our country and it is important to be seen how the conditions for working of the administrative judicature can be improved.

Constitutional and administrative paradigms in judicial control over EU high and low politics

OpenAIRE

Cebulak Pola

2017-01-01

This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in characte...

Constitutional and administrative paradigms in judicial control over EU high and low politics

DEFF Research Database (Denmark)

Cebulak, Pola

2017-01-01

This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external...... to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative...... paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically...

FROM THE POLISH WORKS ON THE CODIFICATION OF JUDICIAL PRINCIPLES OF CONDUCT

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Korzeniewska-Lasota Anna

2017-12-01

Full Text Available In the article the author depicts the process of creating the codification of judicial principles of professional conduct. Firstly, the author describes the beginnings of the “model of a good judge”, followed thereafter by discussion in judicial environment on the need of normative conceptualization of the principles of conduct, which would constitute a separate collection. The proposals of the ethical codifications are presented, together with the two concluding works: The Judicial Set of Principles of Conduct [Zbiór zasad postępowania sędziów] created by the Association of Judges “Iustitia” and The Set of Principles of Professional Conduct for Judges and Candidate Judges [Zbiór zasad etyki zawodowej sędziów i asesorów Sądowych] by the National Council of the Judiciary in Poland.

O Judiciário como Ator Regulador da Internet: seu papel no esquema de forças do Estado moderno / The Judiciary as Regulatory Actor of the Internet: Its Role in the Framework of Forces of the Modern State

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Amanda Nunes Lopes Espiñeira Lemos

2018-05-01

Full Text Available Purpose – To understand the role of Judiciary Power in regulating the Internet from the perspective of the WhatsApp blocking cases between 2015 and 2016 that led to the questioning of Judiciary's interpretation of the issue and the role of a Data Protection Authority in conflict resolution. Methodology/approach/design – Qualitative analysis from issues of internet regulation in relation to the theory that includes the positioning of Judiciary in scheme of forces of the modern State. It also presents a dialogue between the regulatory and argumentative theories pertinent to the arguments of the public decision to block WhatsApp. Finally, a brief analysis of the public audience discourse of the Bill of personal data and comparative international experience on DPAs. Findings – The Civil Internet Framework has been used as an isolated regulation to an entire legal system and the peculiarities of cyberspace that do not reproduce in the physical world, which requires the improvement of the interpretation of regulatory milestones in the network architecture. DPAs are facilitators in resolving conflicts that involve Internet and even to reduce prosecution of demands such as WhatsApp block. Resumo Propósito – Compreender o papel do Judiciário na regulação da Internet, a partir dos casos de bloqueio do WhatsApp entre 2015 e 2016, que levaram ao questionamento sobre a interpretação do Judiciário sobre o tema e o papel de uma Agência de Proteção de Dados Pessoais na resolução de conflitos. Metodologia/abordagem/design – Análise qualitativa das questões de regulação da internet frente à teoria que compreende o posicionamento do Judiciário no esquema de forças do Estado moderno. Apresenta-se também diálogo entre as teorias regulatórias e argumentativas pertinentes para os argumentos da decisão pública de bloqueio do WhatsApp. Por fim, uma breve análise do discurso da audiência pública do PL de dados pessoais e comparativa

EL FEDERALISMO JUDICIAL Y LA PROTECCIÓN DE LOS DERECHOS FUNDAMENTALES EN LA REPÚBLICA ARGENTINA

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Antonio M. Hernández

2009-10-01

Full Text Available Argentinean judicial federalism is described, wherein there exists a federaljudiciary and also a separate judiciary for each of the provinces and the autonomouscity of Buenos Aires. The powers of the respective judiciaries arediscussed, along with the provisions of the American convention on humanrights. Emphasis is given to control over diffuse constitutionality, which meansthat any federal or provincial judge is empowered in this area, although thefederal supreme court of justice is the final interpreter of the constitution.The systems for appointments to the provincial judiciaries are considered,together with the principles of the tenure and independence of judges andthe features of control of constitutionality. With regard to fundamental rights,the dual national and international sources of these is studied. These recognizecivil and political rights as well as those of an economic, social andcultural nature, both in the federal system and in the provincial constitutions.The specific guarantee of legal protection for these is analyzed at both federaland provincial level.

CNJ’s resolution 135 and the challenge of regulating the judiciary

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Ivan Candido da Silva de Franco

2015-01-01

Full Text Available The National Council of Justice (Conselho Nacional de Justiça - CNJ, created in 2004, is the administrative governing body of the Brazilian Judicial Branch (Article 103- B of the Constitution. It has the responsibility of editing rules that all the Brazilian courts must follow, except the Supreme Court (STF, and of exercising disciplinary control of judges. This article is a case study that explores a specific aspect of the CNJ’s mandate: the regulation of the disciplinary control of the judiciary. Our main goal is to understand the existing institutional dynamics and to understand how this issue was undertaken throughout the Council’s history: what kind of resistance was encountered in this process and which actors were involved in the ongoing debates. The institutional path, which begins with a fragile regulation from the CNJ’s Internal Regiment, and then gives rise to the first resolution of disciplinary matters, is described and analyzed.  Ultimately, this path results in the current regulation, the Resolution 135/2011, which promotes significant changes in the disciplinary rules and, because of that a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade -ADI challenged it before the Brazilian Supreme Court.

Judicialização da política: um ensaio sobre o procedimentalismo deliberativo na jurisdição constitucional brasileira / Judicialization of politics: an essay on deliberative proceduralism in brazilian judicial review

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Marcio Renan Hamel

2010-12-01

Full Text Available Resumo O presente texto aborda o crescente fenômeno da judicialização da política no contexto brasileiro, questionando se a principal metodologia do Poder Judiciário deve ser a de criar espaços ou a de ser espaço. A defesa é embasada na obra do filósofo Jürgen Habermas, apontando-se para um aumento da atividade procedimental democrática de deliberação pública, legitimando a lei positiva e diminuindo a intervenção judiciária. Palavras-chave: Judicialização; política; procedimento; democracia; jurisdição. Abstract The present text deals with the growing phenomenon of politics judicialization in the brazilian context, questioning wheter the main methodology of the Judiciary should be to create spaces or to be space. The defence is based on the work of the philosopher Jürgen Habermas, pointing to an increased of the democratic procedural activity of public deliberation, legitimising positive law and decreasing judicial intervention. Keywords: Judicialization; policy; procedure; democracy; jurisdiction.

Prioritization of strategies to approach the judicialization of health in Latin America and the Caribbean

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Carlos Eduardo Pinzón-Flórez

2016-01-01

Full Text Available ABSTRACT OBJECTIVE To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean. METHODS A search was structured to identify articles presenting strategies to approach the judicialization of health. A survey was designed, which included actors of the health system and judiciary sector. We prioritized the strategies qualified by more than the 50.0% of the participants as “very relevant”. Strategies were categorized according to: governance, provision of services, human resources, information systems, financing, and medical products. RESULTS We included 64 studies, which identified 50 strategies, related to the sub-functions and components of health systems. Of the 165 people who answered the survey, 80.0% were aged 35-64 years. The distribution of men and women was homogeneous. Half of the respondents were from Colombia (20.0%, Uruguay (16.9%, and Argentina (12.7%. We prioritized strategies that addressed aspects of generation of useful scientific evidence for decision making according to the health needs of the population, empowerment for the society, and creating spaces for discussion of measures of inclusion or exclusion of health technologies. The executive and judiciary decision makers prioritized questions that dealt with strategies that would ensure accountability. CONCLUSIONS The results of this study contribute to the identification of effective strategies to approach the phenomenon of judicialization of health, guaranteeing the right to health.

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

Science.gov (United States)

2010-01-01

... Canceled Retirements § 837.803 Cancellation of retirement by judicial or administrative authority. (a... may only be canceled by the former employing agency in response to a direct and final order of a... requiring cancellation of the annuitant's separation or after the annuitant and the agency agree to cancel...

Tobacco industry use of judicial seminars to influence rulings in products liability litigation

Science.gov (United States)

Friedman, L C

2006-01-01

Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

20 CFR 405.501 - Judicial review.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 405.501 Section 405.501 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.501 Judicial review. You may file an action in a Federal district...

Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary: Lessons for policymakers

OpenAIRE

Draghici, Carmen

2009-01-01

The purpose of this policy paper is to highlight the role\\ud of the judiciary in reconciling counter-terrorism strategies\\ud with human rights standards. Indeed, judicial assent\\ud to the excesses of policy-makers risks deepening the\\ud human rights crisis caused by the fight against apocalyptic\\ud terrorism. In the aftermath of the September 11, 2001\\ud terrorist attacks against the United States, the political\\ud climate has been dominated by security concerns. The\\ud United States has invo...

The constitutional court review of judicial decisions

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Stojanović Dragan M.

2016-01-01

Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

Risk assessment by the executive power versus efficiency of control by the courts - effects on administrative procedures and judicial proceedings

International Nuclear Information System (INIS)

Wahl, R.

1991-01-01

In conclusion it is stated that any cutbacks in the current system of judicial control have to be earned by appropriate improvements in the administrative procedure. One has to keep in mind the overall situation, which means to examine and assess any reduction of judicial control, the relevance of procedural defects, and the requirements to be met by administrative procedures, in their complete context. Since the acknowledgement of administrative regulations as instruments for putting into practice the legislative intent, and of the executive's scope for examination and assessment, has effects not only in regard to a reduction of judicial control, but also assigns to the administrative procedure an irreplaceable function that cannot be corrected by legal proceedings, there is reason enough to exercise restraint in this matter. (orig./HSCH) [de

Court’s Precious Time: Transparency, Honor and Judicial Scarce Resources

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Boaz Shnoor

2017-12-01

Full Text Available While many judicial systems in the Western World are coping with a shortage of judges, the public is not always aware of the overload and its reasons. Our claim is that the reason for this, is the fact that the judicial system preferred to preserve an ideal image of the judiciary and control all information about it, rather than to publicize the judicial overload problem. In this paper, we aim to show that until recently, the issue of “judicial overload” was hidden from the public eye. We deal with the importance and advantageous of presenting the relevant facts to the public. We shall empirically show, that the judicial system has begun to legitimize the exposure of judicial overload to the public.Si bien es cierto que muchos sistemas judiciales del mundo occidental están lidiando con la escasez de jueces, también lo es que el público no siempre es consciente de la sobrecarga de trabajo y de sus razones. Nosotros afirmamos que la razón de ello es que el sistema judicial ha preferido preservar una imagen ideal de la judicatura y controlar toda la información acerca de ella antes que hacer público el problema de la sobrecarga de trabajo de los jueces. En este artículo, pretendemos mostrar que, hasta hace poco, la cuestión de la "sobrecarga de los jueces" ha permanecido oculta a ojos del público. Tratamos el tema de la importancia y la ventaja que supone presentar los hechos relevantes al público, y demostraremos empíricamente que el sistema judicial ha comenzado a aprobar la exposición de la sobrecarga judicial al público. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=3039584

The curious case of Court Manager in India: From its creation to its desertion

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Geeta Oberoi

2017-12-01

Full Text Available The Government of India though made an honest attempt to relieve judges from their administrative and non-judicial works and for the same created the post of court managers for courts, the judiciary in India did not embrace this initiative and with the help of registry staff almost failed this project. In this article, some reasons are explored as to why judiciary gave cold shoulder to this project and what could be way out to reverse the mindset to create acceptance for court managers for performing non-judicial functions.

The Europeanization of National Judiciaries

DEFF Research Database (Denmark)

Jaremba, Urszula; Mayoral, Juan A.

2018-01-01

judiciaries is still somewhat scattered and fragmented. The central ambition of this article is to provide a theoretical framework that would contribute to the understanding of Europeanization of judiciaries by: 1) offering a definition and theoretical developments useful for the study Europeanization and its......The article is underpinned by the idea that the national courts/judges are expected to act as decentralized European Union judges. However, the general knowledge concerning the impact of EU law on the functioning of national courts as EU judges and the process of Europeanization of national...

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. ...

44 CFR 62.22 - Judicial review.

Science.gov (United States)

2010-10-01

... of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a) Upon...

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 order...

Judicialization of the Right to Health: The Individual V the Collective

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Artur Amaral Gomes

2016-10-01

Full Text Available The effectiveness of social rights in Brazil is a problem that endangers the whole constitutional project which aims at the common good of the entire Brazilian society. The judicialization of the right to health has as primarily negative effects the violation of the separation of powers and the strengthening of social inequality that benefits only those who move the Judiciary. From the handling of the bibliographic research method, this article aims to review the main highlights of the phenomenon, with emphasis in the conflict between individual interests and the interest of the community.

General Introduction: Autonomy and Heteronomy of the Judiciary in Europe

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Joxerramon Bengoetxea

2011-12-01

Full Text Available Judges and the judiciary have always been a subject of debate. The questions of legitimacy, activism v self-restraint; appointment or selection, accountability, the rise of alternatives to formal justice, ADR, are at the heart of the discussion. However, the law-job of dispute resolution is not actually done by the judges on their own, nor in isolation; judges have many different sorts of collaborators and some of these can develop some scope for autonomy. At the same time the judiciary claims to be an independent power, but it is also a basic public service to the citizens; how can the public administration be involved in securing-facilitating this service? Finally, when deciding and interpreting the law judges often need to take into account norms belonging to different but coordinated legal systems and find coherence between them, and it can be questioned whether the method of conform interpretation they resort to might enhance or diminish their autonomy.

36 CFR 218.14 - Judicial proceedings.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 218.14... ADMINISTRATIVE REVIEW PROCESSES Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection...

Judicial Performance and Experiences of Judicial Work: Findings from socio-legal research by Sharyn Roach Anleu & Kathy Mack: Commentary

Directory of Open Access Journals (Sweden)

Gar Yein Ng

2014-12-01

Full Text Available This commentary examines the contribution in this edition by Roach Anleu & Mack, based on arguments that reducing judicial performance evaluation (ergo any professional performance to that which is easily measurable removes the human aspect of that performance, and is therefore less accurate. Here, “measurable” is meant as focusing only on the “outward performance”, “interaction with stakeholders” and how judges perform in relation to numbers of cases. Compared to such organisational standards, judicial codes of ethics or other written codes reflect the more traditional values of the judiciary, such as independence and impartiality. This can be seen e.g. in the experiences of the Organisation for Security and Cooperation in Europe in supporting the use of judicial performance standards. The argument in the paper, supported by this commentator, is that such exercises are superficial and more depth is needed to capture the entirety of the judicial experience using the model presented. Este comentario analiza el artículo de Roach Anleu y Mack en este número, en base a los argumentos de que limitar la evaluación del rendimiento judicial (ergo cualquier rendimiento profesional a lo que es fácilmente medible elimina el aspecto humano de ese rendimiento, y es por lo tanto menos preciso. Aquí, por “medible” se entiende lo que está centrado únicamente en el “rendimiento exterior”, la “interacción con los interesados” y el rendimiento de los jueces en relación con el número de casos. En comparación con estas normas de organización, los códigos judiciales de ética u otros códigos escritos reflejan los valores más tradicionales de la judicatura, como la independencia o imparcialidad. Esto puede verse, por ejemplo, en las experiencias de la Organización para la Seguridad y la Cooperación en Europa en apoyar el uso de las normas de rendimiento judicial. El argumento del artículo, apoyado por esta autora, es que estos

12 CFR 513.6 - Duty to file information concerning adverse judicial or administrative action.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Duty to file information concerning adverse judicial or administrative action. 513.6 Section 513.6 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PRACTICE BEFORE THE OFFICE § 513.6 Duty to file information concerning adverse...

APONTAMENTOS PRELIMINARES SOBRE O USO PREDATÓRIO DA JURISDIÇÃO / PRELIMINARY NOTES ABOUT THE PREDATORY USE OF THE JUDICIARY

Directory of Open Access Journals (Sweden)

Maximiliano Losso Bunn

2016-04-01

Full Text Available The main goal of this text is to propose a concept for Predatory Use of Judiciary (as a type of contempt of court category and also to present preliminary discussion themes about this phenomenon, considering the high rates of litigation of large corporations in Brazil. The reason to address this issue stems from the recent finding by technical studies that a considerable portion of the sheer number of claims pending in the Brazilian judicial system can be attributed to a small number of large litigants, which consumes considerable percentage of available resources for investment in the administration of justice. Hence, the main hypothesis under discussion relates to the characterization of this phenomenon in the Brazilian scenario, considering the procedural mechanisms related to the repression of bad litigation and the promotion of reconciliation. Secondary hypotheses concern the deleterious effects specifically arising from such phenomenon in the judicial activity, particularly regarding the speed of the trials. The doctrinaire base employed concerns mostly the technical studies which have only recently diagnosed the said phenomenon, so that this text is one of the few preliminary discussions regarding this subject. As for the methodology, it is emphasized that on the investigation phase we used the inductive method, in the data processing phase we used the cartesian method, and the final text was composed in the deductive logic base. In the various stages of the research, we used the technics of category, operational concept and literature research.

Page | 246 ADMINISTRATION OF JUSTICE IN NIGERIA: A CASE ...

African Journals Online (AJOL)

Fr. Ikenga

Thus, it is the aim of this paper to make a case for the amendment of the Constitution ... 2 Standard International Media Holdings The New International Webster's ..... have a very damaging impact on the judiciary as it would facilitate short-term ... remembered that the pension rights of judicial officers is subject to the number ...

Um estudo sobre as condições facilitadoras da judicialização da política no Brasil: a study about the conditions that make it possible Judicialization of politics in Brazil

Directory of Open Access Journals (Sweden)

Loiane Prado Verbicaro

2008-12-01

Full Text Available A intitulada pesquisa tem como finalidade a análise do poder judiciário em um contexto de ampliação de sua dimensão política, o que traz como conseqüência um tipo inédito e peculiar de espaço público de participação democrática. tal alteração no quadro político-institucional possibilitou uma maior inserção do poder judiciário em questões essencialmente políticas, o que se convencionou denominar de judicialização da política - expressa na ampliação da importância e da participação do poder judiciário na vida social, política e econômica. tal fenômeno, característico de democracias consolidadas, decorreu de condicionantes e peculiaridades vivenciadas na ordem política, econômica e social e gerou efeitos visíveis na democracia brasileira. serão analisadas as condições necessárias e/ou facilitadoras do processo de judicialização da política no Brasil.This research is aimed at analyzing the judiciary power in a context wherein it acts as an agent amplifying its political dimension which brings about, as a consequence, a peculiar and unheard of type of public avenue of democratic participation. such changes in the political and institutional environment made it possible for a more extended insertion of the judiciary power in essentially political matters, which came to gain widespread acceptance as "judicialization" of politics and has been expressed by a magnified importance and actual participation of the judiciary power in social, political and economical life. such phenomenon, typical of consolidated democracies, derived from conditioning variables and peculiarities experienced in political, economical and social order and brought about visible consequences in brazilian democracy. there will be analized the necessary conditions of the "judicialization" of politics process in Brazil.

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 contracts...

Temporary brittle bone disease: relationship between clinical findings and judicial outcome

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Colin R. Paterson

2011-10-01

Full Text Available There is a wide differential diagnosis for the child with unexplained fractures including non-accidental injury, osteogenesis imperfecta and vitamin D deficiency rickets. Over the last 20 years we and others have described a self-limiting syndrome characterised by fractures in the first year of life. This has been given the provisional name temporary brittle bone disease. This work had proved controversial mostly because the fractures, including rib fractures and metaphyseal fractures, were those previously regarded as typical or even diagnostic of non-accidental injury. Some have asserted that the condition does not exist. Over the years 1985 to 2000 we investigated 87 such cases with fractures with a view to determining the future care of the children. In 85 of these the judiciary was involved. We examined the clinical and radiological findings in the 33 cases in which there was a judicial finding of abuse, the 24 cases in which the parents were exonerated and the 28 cases in which no formal judicial finding was made. The three groups of patients were similar in terms of demographics, age at fracturing and details of the fractures. The clinical similarities between the three groups of patients contrasts with the very different results of the judicial process.

Temperament risk factor for mental health disturbances in the judiciary staff

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Katarzyna Orlak

2017-06-01

Full Text Available Background: The aim of this paper was to examine how temperament might moderate the health impact of psychosocial hazards at work and thus to attempt to identify the temperament risk factor in the judiciary staff. Material and Methods: The data were collected from 355 court employees, including judges, judicial assistants, court clerks and service workers from criminal, civil, commercial as well as from labor and social insurance divisions. The psychosocial work environment was measured with the Psychosocial Working Conditions Questionnaire by Cieślak and Widerszal-Bazyl, temperament with Cloninger’s Temperament and Character Inventory adopted by Hornowska and employee health status was screened with Goldberg’s General Health Questionnaire- 28 (GHQ-28 adopted by Makowska and Merecz. The health impact of job strain with moderating effects of temperament traits was estimated with logistic regression (forward stepwise selection based on the likelihood ratio for the model. Results: The analyses confirmed the moderating role of temperament in the health consequences of work-related stress. High score in novelty seeking was identified as independent temperament risk factor for mental health disturbances in judiciary staff facing at least medium job demands. The job control was a protective factor while relative risk of negative health outcomes was also elevated due to female gender. Conclusions: Temperament may control sensitivity to the environmental exposure to psychosocial hazards at work and its health consequences. Further research is needed to explore and understand better the moderating role of temperament in the relation between job stress (strain and health in different vocational groups and workplaces. Med Pr 2017;68(3:375–390

[Temperament risk factor for mental health disturbances in the judiciary staff].

Science.gov (United States)

Orlak, Katarzyna; Tylka, Jan

2017-05-16

The aim of this paper was to examine how temperament might moderate the health impact of psychosocial hazards at work and thus to attempt to identify the temperament risk factor in the judiciary staff. The data were collected from 355 court employees, including judges, judicial assistants, court clerks and service workers from criminal, civil, commercial as well as from labor and social insurance divisions. The psychosocial work environment was measured with the Psychosocial Working Conditions Questionnaire by Cieślak and Widerszal-Bazyl, temperament with Cloninger's Temperament and Character Inventory adopted by Hornowska and employee health status was screened with Goldberg's General Health Questionnaire- 28 (GHQ-28) adopted by Makowska and Merecz. The health impact of job strain with moderating effects of temperament traits was estimated with logistic regression (forward stepwise selection based on the likelihood ratio for the model). The analyses confirmed the moderating role of temperament in the health consequences of work-related stress. High score in novelty seeking was identified as independent temperament risk factor for mental health disturbances in judiciary staff facing at least medium job demands. The job control was a protective factor while relative risk of negative health outcomes was also elevated due to female gender. Temperament may control sensitivity to the environmental exposure to psychosocial hazards at work and its health consequences. Further research is needed to explore and understand better the moderating role of temperament in the relation between job stress (strain) and health in different vocational groups and workplaces. Med Pr 2017;68(3):375-390. This work is available in Open Access model and licensed under a CC BY-NC 3.0 PL license.

THE JUDICIARY AND SUSTAINABLE DEVELOPMENT ...

African Journals Online (AJOL)

RAYAN_

ABSTRACT. The approval of 17 goals and 169 targets for sustainable development by the ... commentary evaluates the role of the judiciary in promoting sustainable .... a healthy quality of life, imposing on the Public Power and the community.

Judicialization of Health: A Perspective of Effectiveness

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Claudia Mota Estabel

2015-12-01

Full Text Available This work is scoped to synthesize the legalization of the right to health, and offer a perspective for shaping effectiveness. Using the inductive method and based on research literature and case law, at first a brief history of the right to health will be presented as well as some of the principles relating to fundamental precept. Per second, from a normative and jurisprudential approach, the right will be presented to health in the judiciary perspective, focused on the instruments already used (court decisions, the number of demands that concern the health issue, and public policies adopted by the judiciary both in its own sphere as administratively. Finally, emphasis shall be the various issues in the legal health procedure regarding the joint responsibility of federal entities and guidelines for proper conformation of the right to health, the effect of promoting citizenship and social justice.

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

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 Appeals...

29 CFR 1978.110 - Judicial review.

Science.gov (United States)

2010-07-01

... Labor, shall not be subject to judicial review in any criminal or other civil proceedings (49 U.S.C... law judge, shall be transmitted by the Administrative Review Board, United States Department of Labor... 29 Labor 9 2010-07-01 2010-07-01 false Judicial review. 1978.110 Section 1978.110 Labor...

Prohibition of Turning to a Worse Scenario in Judicial Activity: on the Example of Consideration of the Cases on Administrative Offenses

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Evgenii V. Taribo

2017-12-01

Full Text Available The article explores the prohibition of turning to a worse: how it is enshrined in the legislation on administrative violations, and how it manifests its effect in judicial practice. As analysis of legislation and judicial practice shows, courts of general jurisdiction and arbitration courts differently understand and apply this prohibition. This is due to the different legislative and organizational bases on which the process of bringing to administrative responsibility is based, in which courts of general and arbitration jurisdictions are involved. The article notes that the provisions of the draft of the new Code on Administrative Offenses, developed by the State Duma of the 6th convocation, point to a possible reduction of the scope of this ban. In this regard, the author comes to the conclusion that the legislator and the courts are to decide on a conceptually unified approach to the problem of the prohibition of turning to the worst in the field of administrative responsibility

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

NARCIS (Netherlands)

Langbroek, Philip

2010-01-01

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

'Adventurous' judgments
A comparative exploration into human rights as a moral-political force in judicial law development

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Bas de Gaay Fortman

2006-12-01

Full Text Available This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, is not the creation of law by the courts as such, but rather the ways and means in which the human rights idea has encouraged judges to deliver decisions that imply an overturning of 'settled' law. In the comparative exploration of 'adventurous' judgments that we shall embark on, our focus will be on the political morality of human rights as a driving force in judicial activism. It is assumed, in other words, that where the judiciary is 'active', human rights may play a part as general principles of law as distinct from rules already incorporated in positive law. Notably then, human rights in this way affect positive law in a manner other than through processes of international, regional and national standard setting connected with the establishment of new supervisory institutions and mechanisms. For this reason, the article does not so much consider typical human rights cases; instead the focus is on major decisions by national courts that were not in the first place regarded as human rights cases at all. In this endeavour, the article aims to be no more than an initial comparative exploration, intended to illustrate a function of human rights that is not normally highlighted, namely its function as an inspirational force towards 'adventurous' judgments. Yet, the judicial potential illustrated here is of great significance, as it may lead to law development inspired by the two principal pillars underpinning the international quest for the realization of human rights: universality and human dignity. After reviewing a variety of characteristic cases from such diverse legal backgrounds as the United Kingdom, the Netherlands, the United States of America, India, South Africa and Nigeria, some conclusions are drawn as to the ways in which human rights

Judicialization of Health Policy in the Definition of Access to Public Goods: Individual Rights versus Collective Rights

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Telma Maria Gonçalves Menicucci

2010-06-01

Full Text Available The article analyses a form of judicialization of public policies in the health field. It has as its object lawsuits initiated against Belo Horizonte Municipality arguing for the provision of services or the acquisition of inputs not obtained in the public system via institutional access routes. The argument is that the individualized quest for the guarantee of the right to healthcare via the judicial path is a form of reproduction of the tensions produced in democratic societies between the social and the individual conceptions of citizenship. By ensuring access to goods by means of individual suits, the Judiciary interferes in the making of public choices taken on by public-sector managers, thus regulating opportunities for consumption according to a concentrating logic. And so the assertion of a constitutional right superposes the political right of the majority, represented by the Executive, to make choices as to the goods that are the object of public policies, with a relatively significant financial and budgetary impact.

What do the European Judges Strive for - An Empirical Assessment

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Katarina Zajc

2011-04-01

Full Text Available Caseload backlogs and the quality of judicial decision-making have attracted worldwide scholarly attention for quite some time. The puzzle lies in explaining the observed persistence of backlogs alongside the quest for improvement in judicial decision-making. This is especially true since many countries, while trying to cope with this challenging issue, continue to enact regulatory provisions to seemingly improve the judiciary. The principal and agent theory suggests that the incentives of the agent (courts and the principal (citizens are going to be aligned under certain circumstances. This article analyzes the incentive mechanisms of continental judicial administration in view of traditional principal-agent theory and provides additional insights into the current legal, behavioral and economic discussion. Specifically, the article analyzes whether the current incentives for judges are in line with theoretical predictions. If one takes for granted that the European-continental judicial systems can be treated as bureaucratic systems, then discussion should, apart from judicial salary increases, focus upon interpretation of the observed differences in evaluation of judges in different countries, and upon the main incentives for judges’ good performance and promotion. This article offers a multidisciplinary analysis of current European and most recent Finnish guidelines on effectiveness and quality of judicial administration, and provides a law and economics assessment of proposed guidelines. Moreover, the identified multiplication effect of sticks in judiciary setting offer an additional argument for cautious application or even complete abolishment of such an inducement mechanism.- By Katarina Zajc and Mitja Kovac

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

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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.

Perceptions of the Judiciary and Intellectual Disability.

Science.gov (United States)

Cockram, Judith; And Others

1993-01-01

Seventeen Supreme Court Judges, District Court Judges, and Magistrates in Western Australia were surveyed to examine perceptions concerning overrepresentation of individuals with intellectual disability in the criminal justice system. The judiciary felt these individuals had several characteristics that would disadvantage them in contacts with the…

CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

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P. RATHNASWAMY

2017-06-01

Full Text Available Austria had in 1920 Constitutional Court followed by Italy in 1946, Germany in 1949, Romania in 1989, South Africa in 1991, and Ethiopia in 1995. Each Constitution has its provisions on the constitutional interpretation. Romania has its own provisions and it is considered here its legality and the best possible measures and recommendations for future. Judicial power is vested in judiciary to interpret constitution, laws, and actions of other organs of government. Judicial review is the function resulted upon judicial power. Political body joins through the appointment of its members in the judicial review and it limits the independence of judiciary. It also reduces the values of separation of powers. Challenges and opportunities of growth and development do influence the spirit of separation of powers and judicial independence. The principle of inherent judicial power in judiciary inducts upon the constitutional interpretation. Thus, the principles of constitutional interpretation are varying in Romania and other similar constitutional courts of Germany, Ethiopia, and Italy but not in South Africa.

Legislative and Judicial Information Systems.

Science.gov (United States)

Becker, Louise Giovane

1983-01-01

Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…

Judicial aspects in risk assessment

International Nuclear Information System (INIS)

Lukes, R.

1977-01-01

Decisions of administrative authorities concerning the permission to use fissile material contain a prognosis about the probability of damage which may be caused by using this material. The judicial criteria used in order to determine the probability of such a damage occurring can be improved by risk analysis. This will not, of course, reduce administrative decisions to simple 'yes-or-no decisions', but the calculation of probabilities will gain more exactness. (orig.) [de

Judicial System Restructuring and Modernization in Abu Dhabi

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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.

Procedural Justice Elements of Judicial Legitimacy and their Contemporary Challenges

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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

Judicialization of Health in Pernambuco After Public Hearing No. 4 the Federal Supreme Court: An Analysis of Quantitative Judiciary of Acting in Law Warranty Social Health

Directory of Open Access Journals (Sweden)

Lívia Dias Barros

2016-12-01

Full Text Available Recognizing the importance of the judiciary as a tool to the effectiveness of social rights, including human rights, especially the right to health, this study aimed to present a study of the health legalization process in the state of Pernambuco relating to the direct effects and indirect Public Hearing paragraph 4 of the Supreme Court, between the years 2009-2014, using the measurement from the likelihood the analysis of judgments, obtaining approximate results and not an absolute truth, allowing you to see a trend about supply of medicine through the courts.

Criteria for Copyrightability in Russian Copyright Doctrine and Judicial Practice

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Andrey Kashanin

2016-01-01

Full Text Available This article analyzes the current state of the debate on the minimum level of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends and contradictions that arise in the course of the application of various criteria for copyrightability. An analysis of the judicial practice of recent years warrants the conclusion that standards of creativity as a criterion for copyrightability have dropped drastically. Today’s standards are similar to those of the former American ‘sweat of the brow’ doctrine. But, unlike foreign legal systems that set comparatively low standards of protectability, the Russian judiciary has not yet evolved mechanisms of compensation for risks of monopolization of public domain content. First of all, there is no practice of granting exclusive rights to a work that is similar to an earlier work but has been created independently. Secondly, the practice of refusing protection to non-unique, standard, generally known, and generally available content is dying out. Thirdly, there is currently a trend for giving a large scope of protection to works of low authorship. As a result, exclusive rights are granted to standard or generally accessible content – content that must belong to the public domain – which puts unjustified restrictions on the creative activities of other authors. Moreover, it makes their legal status unpredictable as it establishes a basis for unintended copyright violations being penalized. This amounts to a classical case of overprotection.

15 CFR 325.11 - Judicial review.

Science.gov (United States)

2010-01-01

... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Judicial review. 325.11 Section 325.11 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE MISCELLANEOUS REGULATIONS EXPORT TRADE CERTIFICATES OF...

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

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... reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That...

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.

Impact of Evidence Type and Judicial Warning on Juror Perceptions of Global and Specific Witness Evidence.

Science.gov (United States)

Wheatcroft, Jacqueline M; Keogan, Hannah

2017-04-03

The Court of Appeal in England and Wales held (R. v. Sardar, 2012) there had been no exceptional circumstances that justified a jury retiring with a transcript of the complainant's interview. This paper reports an investigation into the impact multiple evidence forms and use of a judicial warning has on juror evaluations of a witness. The warning focuses juror attention on placing disproportionate weight on the evidence as opposed to their general impression of it. Sixty jury-eligible participants were presented with witness evidence in transcript, video, or transcript plus video format. Half the participants in each condition received the warning. All mock jurors completed a questionnaire which assessed perceptions of witness and task. Outcomes showed that transcript plus video evidence, when accompanied by a warning, did impact on mock jurors' global assessments of the witness. The warning made the task less clear for jurors and, in the video condition, led to higher ratings of how satisfactory and reliable the witness was. Findings support the provision of a judicial warning to jurors and show some initial support for judiciary opposition to the provision of an additional transcript only when jurors are asked to make the more usual global witness assessments.

Organic Law Of Judicial Guarantees And Constitutional Control

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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.

Prioritization of strategies to approach the judicialization of health in Latin America and the Caribbean.

Science.gov (United States)

Pinzón-Flórez, Carlos Eduardo; Chapman, Evelina; Cubillos, Leonardo; Reveiz, Ludovic

2016-09-01

To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean. A search was structured to identify articles presenting strategies to approach the judicialization of health. A survey was designed, which included actors of the health system and judiciary sector. We prioritized the strategies qualified by more than the 50.0% of the participants as "very relevant". Strategies were categorized according to: governance, provision of services, human resources, information systems, financing, and medical products. We included 64 studies, which identified 50 strategies, related to the sub-functions and components of health systems. Of the 165 people who answered the survey, 80.0% were aged 35-64 years. The distribution of men and women was homogeneous. Half of the respondents were from Colombia (20.0%), Uruguay (16.9%), and Argentina (12.7%). We prioritized strategies that addressed aspects of generation of useful scientific evidence for decision making according to the health needs of the population, empowerment for the society, and creating spaces for discussion of measures of inclusion or exclusion of health technologies. The executive and judiciary decision makers prioritized questions that dealt with strategies that would ensure accountability. The results of this study contribute to the identification of effective strategies to approach the phenomenon of judicialization of health, guaranteeing the right to health. Describir estrategias que contribuyan al abordaje integral de la judicialización de la salud en países de América Latina y El Caribe. Se estructuró una búsqueda para identificar artículos que presentaran estrategias para el abordaje de la judicialización en salud. Se diseñó una encuesta, en donde se incluyeron actores del sistema de salud y del sector judicial. Se priorizaron las estrategias calificadas por más del 50,0% de los participantes como "muy relevantes

Judicial Performance and Experiences of Judicial Work: Findings from Socio-legal Research

Directory of Open Access Journals (Sweden)

Sharyn Roach Anleu

2014-12-01

Full Text Available Judicial performance evaluation processes and programs tend to imply an abstract, normative model of the proper judge. The focus is on the individual judicial officer, identifying how judges ought to perform their judicial work and assessing any departures from the model. However, there is considerable diversity in judging which abstract models of JPE may not anticipate. Importantly, judicial performance occurs within a context – the practical and natural settings in which every day judicial work is undertaken. This entails time constraints, workload patterns, and dependence on the activities of others, factors over which the judicial officer may have little control, but which in turn may affect his/her behaviour. Often, judicial performance is taken to refer to in-court work only. Judicial work also occurs outside court and outside regular court hours and so may be less visible for judicial performance evaluation. Although there is considerable variety in judicial experiences of judging, JPE only sometimes includes self-perceptions or judges’ own reflections on their work. Social science and socio-legal research, including original empirical data from Australia, investigates judging in various contexts and explores judicial officers’ experiences of their work. Such empirical research can widen understandings of judicial performance and evaluation. Los procesos y programas de evaluación del rendimiento judicial tienden a implicar un modelo normativo abstracto del juez competente. La atención se centra en el funcionario judicial individual, identificando cómo deben realizar su labor los jueces y determinando cualquier desviación respecto al modelo. Sin embargo, a la hora de juzgar, existe una gran diversidad que los modelos abstractos de evaluación del rendimiento judicial no pueden anticipar. Es importante destacar que el desempeño judicial se produce en un contexto – el marco práctico y natural en el que se desarrolla cada d

28 CFR 68.56 - Judicial review of a final agency order in cases arising under section 274A or 274C.

Science.gov (United States)

2010-07-01

... review by the Chief Administrative Hearing Officer of a final order by an Administrative Law Judge shall... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of a final agency order... OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...

Page JUDICIAL PRECEDENT IN THE NIGERIAN LEGAL SYSTEM

African Journals Online (AJOL)

Fr. Ikenga

Judicial precedent is a basic principle of the administration of justice in .... precedent assume a natural position that is not different from any other ... L. Alexander, Precedent in a Companion to Philosophy of Law and Legal Theory 503-513,.

Greening the Judiciary

Directory of Open Access Journals (Sweden)

M Kidd

2006-12-01

Full Text Available Much of South Africa’s environmental law is relatively new. Most of South Africa’s judges received their formal legal educations before promulgation of the major part of our environmental law and almost certainly before environmental law was taught at universities. In recent years, there have been increasing instances of cases involving environmental matters coming to the courts. How are judges performing in these cases? It would appear that the judges’ performance is rather 'chequered' in environmental cases, which suggests that the judiciary needs to become more attuned to environmental law. I call this process, for purposes of this note, ‘greening the judiciary’. What I mean by this is not that judges must decide all environmental cases in a way that favours the environment, but that they must correctly consider, interpret and apply the relevant environmental law, and give environmental considerations appropriate deliberation. This note aims to identify, in admittedly somewhat general terms, the current state of environmental decision-making by judges and to suggest what needs to happen for such decisions to be improved.

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

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Abraham Klaasen

2015-12-01

interests. The relief claimed aims to restructure the public organisation or conduct by the legislature and/or executive to eliminate a threat to constitutional principles and values enshrined in the Constitution. The South African Constitution has provided the public litigant with the freedom to bring matters before the courts not possible in terms of the common law. This has led to a departure from the traditional conception of litigation and consequently the remedies that courts have to offer. Courts have the duty to intervene in constitutional violations, but they have a prerogative to decide when and to what extent to intervene when such a violation occurred within the domain of other branches of government. The decision on whether to intervene and then, to what extent, will depend on the standard of judicial review the courts employ. Davis proposes a culture of justification for judicial review that takes into account the democratic prerogative of the elected arms of government to fashion and implement public policy within the framework of the Constitution. This culture accepts that the role of judicial review is to foster a culture of democracy, and that the judiciary must commence from a standpoint that it operates within a governmental system that is based upon a doctrine of separation of powers. Although Davis’s work is meant as only as a framework for a coherent theory of judicial review, the question of justification and participation advances other constitutional values such as openness, non-discrimination, accountability and participation to judicial scrutiny. It is submitted that the culture of justification meets the tenets of judicial review as set out by both Mureinik and Dyzenhaus and finds application in an objective interpretation of constitutional provisions and values. The culture of justification ensures that the government justifies its decisions to the governed; it promotes transparent government and allows the citizens to participate in

¿Regeneración democrática? Algunas reflexiones sobre la nueva ley orgánica 4/2013, de 28 de junio, de reforma del Consejo General del Poder Judicial // Democratic regeneration? The new O. Law 4/2013, 28th june on reform of the G. Council of the Judiciary

Directory of Open Access Journals (Sweden)

Rosa María Fernández Riveira

2014-12-01

Este trabajo analiza la nueva ley Orgánica 4/2013, de 28 de junio de reforma del Consejo General del Poder Judicial, órgano de gobierno de jueces y magistrados. La primera parte estudia los problemas de técnica legislativa en la elaboración de la ley y la segunda, los problemas materiales que plantea como: la modificación y reducción de competencias del Consejo y en especial su Potestad reglamentaria, el nuevo sistema para elegir a sus vocales, las nuevas situaciones y licencias en su proceso de renovación que incitan a la no renovación, la posibilidad de estar en activo en la carrera judicial por parte de algunos vocales del Consejo o la nueva estructura y régimen de actuaciones, entre otros. Todos estos cambios se analizan y estudian observando cierta inconstitucionalidad en algunos. No en vano recientemente se ha presentado un Recurso ABSTRACT This research studies the new Basic Law reform, 4/2013, 28th June of the General Council of the Judiciary which is the governing board of Judges and Magistrates. In one first part analyzes the drafting law problems and other second part discusses about essential aspects in Law like: modification and abridgements of its competences, in especial its traditional regulation competency, the new system to select their members, the new ways to renew the Council encouraging not to renew it, the new compatibilities system or too, the new structure and the different system adopting resolutions, among other problems of course. All mentioned aspects are been studied taking into account their possible unconstitutionality, particularly since the Basic Law has been recently appealed to the Constitutional Court.

Complex administrative procedures between administrative efficiency and the obligation to protect individual rights

International Nuclear Information System (INIS)

Steinberg, R.

1982-01-01

Due to their structural premise, administrative procedures possess an inordinate amount of influence, especially in complex situations of judicial decision making, to arrive at the ''right decision'' during the passing of binding regulatory ordinances. Since their system of organization is primarily subject to legislative influence, they are governed by the rules of administrative efficiency in the sense of extensive usage of performance - oriented governmental effectuation of constitutional rights. The demands for adequate judicial protection, of which wide administrative court procedure controls are part, will also serve the goal of reaching the ''right administrative decisions.'' (orig.) [de

The Effectiveness of Discipline/Judicial Processes on Catholic Campuses as Measured by the Rate of Recidivism

Science.gov (United States)

O'Reilly, Frances L.; Evans, Roberta D.

2007-01-01

University and college campuses in the United States utilize disciplinary/judicial processes to help address student behavioral problems. These include administrative, majority-peer, and minority-peer processes. This descriptive research was undertaken to find which of these three discipline/judicial processes were the most effective. The…

28 CFR 43.1 - Administrative determination and assertion of claims.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Administrative determination and assertion of claims. 43.1 Section 43.1 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.1 Administrative...

Salience Theory of Judicial Decisions

OpenAIRE

Pedro Bordalo; Nicola Gennaioli; Andrei Shleifer

2015-01-01

We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge’s attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can affect judicial decisions. Our model accounts for a range of recent experimental evidence that bears on the psychology of judicial decisions...

Título V de la Constitución de Cádiz : poder judicial, origen del Tribunal Supremo, y unidad de códigos

Directory of Open Access Journals (Sweden)

Pedro J. Tenorio Sánchez

2012-01-01

idea de unidad, pero, a la hora de formular la unidad de códigos, se prevé la posibilidad de que las Cortes hagan variaciones por particulares circunstancias. A pesar de ello, este principio tuvo alguna dificultad para ser aceptado en algunas regiones. Por lo que se refiere a Cataluña, el silencio de los Diputados catalanes en el debate del referido precepto, se ha interpretado en el sentido de que veían suficientemente garantizadas sus peculiaridades, no en el sentido de que renunciaran a ellas. Existen diferencias en la forma en que fue recibida la Constitución en cada una de las provincias del País Vasco. La recepción fue fácil en Álava, pero se hizo con reservas en Guipúzcoa, y dio lugar a serios enfrentamientos en Vizcaya. Navarra también opuso alguna resistencia a que desapareciera lo que consideraba la Constitución de su Reino. Aquí surgirá una corriente de pensamiento defensora del régimen privativo navarro que, a partir de 1833, se plasmará en el carlismo. This article studies the Title V of the Constitution of Cadiz of 1812, regulating the judiciary, certain fundamental rights and the principle of unity of codes. It presents an introduction to the doctrine of separation of powers by LOCKE and MONTESQUIEU. The judiciary in the Constitution of Cadiz was very important because it brought into conflict the Courts and the old Bourbon Administration Councils. The article begins by analyzing the translation of the constitutional principle of separation of powers. The reception of this principle was influenced by MONTESQUIEU and the French Constitution of 1791. However, the Preliminary Discourse, which explains the Constitution, presented itself as a recovery of ancient laws of the Spanish Monarchy. With regard to the characteristics of the judiciary, the Constitution provides its basis and guidelines. It recognizes the independence of the judiciary throughout some of its precepts, although not explicitly. The judicial structure places the mayors at

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.......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....

Review of Judicial Reforms in Bhutan

OpenAIRE

Dubgyur, Lungten

2004-01-01

This essay highlights the anomalies of judicial reforms in Bhutan. It presents a historical perspective of Bhutanese judicial reforms and addresses recent developments. It discusses court performance and experiences and approaches adopted in making the courts efficient. Much of the reform initiatives emanate from the throne. His Majesty the King has always advocated an efficient judicial system for the Kingdom. In obedience to the Royal Commands, the judicial system and judicial process in Bh...

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 judicial...

50 CFR 296.15 - Judicial review.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such judicial...

Globalisation of the National Judiciary and the Dutch Constitution

Directory of Open Access Journals (Sweden)

Elaine Mak

2013-03-01

Full Text Available This article examines the changing practices of the Dutch highest courts, the Hoge Raad and the Afdeling bestuursrechtspraak van de Raad van State, under the influence of globalisation, and the constitutional implications of this development. The increasing intertwinement of legal systems and the increasing possibilities for judges to interact with courts in foreign jurisdictions have stimulated the consideration of foreign legislation and case law in judicial decision-making in individual cases. An empirical study clarifies how the Dutch judges perceive the usefulness of legal comparisons in this context and how foreign law is used in deliberations and judgments. The constitutional implications of the changing practices of the courts are analysed in light of three aspects of the constitutional normative framework for judicial decision-making: the democratic justification of judicial decisions; legal tradition and the nature of cases; and the effectiveness and efficiency of judicial decision-making.

Juramento o promesa de jueces y magistrados // Oath or affirmation at the Judiciary

Directory of Open Access Journals (Sweden)

Carmen Castañón Jiménez

2016-08-01

and support magistrates and judges. 2.3.2 Replacement of Justices of the peace. 2.3.3 Intern judges as substitute judges with full jurisdictional powers. 3. GOVERNING BODIES. 3.1 General Council of the Judiciary. 3.2 Governing bodies of jurisdictional courts. 4. CONCLUSIONS

Judicial Influence on Policy Outputs?

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg

2015-01-01

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...

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 the...

From Judicial Activism to Judicial Protagonism: For a Transforming Actuation in the Environmental Subject

Directory of Open Access Journals (Sweden)

Iasna Chaves Viana

2016-12-01

Full Text Available The judge’s action setting became modern ágora, preferential space of the relevant public deliberations. Today there is an invasion of the public choices’ usual spaces by the legalization of politics, result of Brazil's institutional design. The concepts of judicial activism and judicial protagonism oppose this scenario. At present it must be judicial action protagonist, transforming reality, understood that which is back to lend maximum effect to the Constitutional text. Especially relevant when it comes to environmental issues, given the enormous complexity of today's society. Case studies aim to show the evolution of the Brazilian Judicial understanding in this regard.

43 CFR 4.478 - Appeals to the Board of Land Appeals; judicial review.

Science.gov (United States)

2010-10-01

... appeal to the Board from an order of an administrative law judge granting or denying a petition for a... judicial review under 5 U.S.C. 704 of a final BLM grazing decision if the administrative law judge denies a... decide the appeal promptly. (d) Unless the Board or a court orders otherwise, an appeal under paragraph...

Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013

Directory of Open Access Journals (Sweden)

Rachael L. Johnstone

2015-03-01

Full Text Available Review of the following book: Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013. pp. 364, 45.00 GBP (paperback. ISBN: 8757429154

Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study) : A Dutch case study

NARCIS (Netherlands)

Francot, Lyana; Mommers, Sophie

2016-01-01

This paper inquires into the nature of the crisis haunting the judiciary in our contemporary society. Drawing upon the work of Hartmut Rosa, it is stated that our society is an acceleration society and that this puts the judiciary under great pressure. The resulting crisis is twofold since it is

Judicial Review and Political Partisanship

DEFF Research Database (Denmark)

Garoupaa, Nuno; Grembi, Veronica

2015-01-01

Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the effects of a transition from a consensual to a majoritarian model of democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 972 cases...... of substantive judicial review (ricorsi in via principale) from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the effect of a change in the political party system on judicial behavior. Our results show that political alignment is a stronger predictor...... of judicial decision making under majoritarian than consensual model of democracy....

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

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

43 CFR 27.12 - Judicial review.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 27.12 Section 27.12... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.12 Judicial review. Action taken pursuant to this part is subject to judicial review. ...

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.

Rights and obligations of communal enterprises under Polish administrative law

International Nuclear Information System (INIS)

Filipek, J.

1992-01-01

The paper elucidates the legal environment in which Polish power producing and distributing enterprises operate. In particular, the different forms of communal enterprises are described: public owned companies; public owned companies serving ''higher purposes''; communal enterprises operating on the strength of special laws; forms of organization subject to private law. Over the long term the rules in the sphere of the communal economy can be simplified. As the administrative judiciary develops, comprehensive administrative surveillance will become superfluous. The communal enterprises render their services to the citizen. The legal remedies at the citizen's disposal are the administrative complaint and the appeal to the administrative courts. (orig./HSCH) [de

47 CFR 1.1529 - Judicial review.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 1 2010-10-01 2010-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal... Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...

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 final...

45 CFR 1703.601 - Judicial review.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person may...

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 U.S.C...

DO ACESSO À JUSTIÇA AO ATIVISMO JUDICIAL CONTEMPORÂNEO: emancipação jurídica e autonomia social

Directory of Open Access Journals (Sweden)

Filicio Mulinari

2016-07-01

Full Text Available O presente artigo apresenta uma análise sobre a questão do acesso à justiça, enquanto acesso ao poder judiciário e seus desdobramentos, no que tange a emancipação social e autonomia individual, culminando no que vemos hoje como ativismo judicial, com o objetivo de resolução de demandas coletivas via ações que buscam efeitos para todos. Assim sendo, a pesquisa realiza uma análise sobre a questão do acesso à justiça, seus desdobramentos, conquistas e barreiras e ao final o traz à realidade brasileira com exemplos de casos ocorridos no país, como a legalização do aborto de fetos anencéfalos em 2012 e da decisão inédita de abril de 2014 sobre o uso legal de óleo canabidiol para fins de tratamento médico. Palavras-chave: Acesso à Justiça; Ativismo Judicial; Emancipação e Autonomia Social. DO ACESSO À JUSTIÇA AO ATIVISMO JUDICIAL CONTEMPORÂNEO: Emancipação jurídica e autonomia social ABSTRACT This paper presents an analysis of the issue of access to justice, while access to the judiciary and its consequences, as it pertains to social emancipation and individual autonomy, culminating in what we see today as judicial activism, with the aim of resolving collective demands via actions aimed effects for everyone. Thus, the survey analysis on the issue of access to justice, its developments, achievements and barriers and brings to the Brazilian reality with examples of cases occurring in that country, such as the legalization of abortion of anencephalic fetuses in 2012 and unprecedented decision of April 2014 on the legal use of cannabidiol oil for medical treatment purposes. Keywords: Access to Justice; Judicial Activism; Social Emancipation and Autonomy.   DO ACESSO À JUSTIÇA AO ATIVISMO JUDICIAL CONTEMPORÂNEO: Emancipação jurídica e autonomia social RESUMEN En este artículo se presenta un análisis de la cuestión del acceso a la justicia , mientras que el acceso a la justicia y sus consecuencias , con respecto a

6 CFR 13.42 - Judicial review.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate...

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... the determination to the court of the United States having jurisdiction to review the merits of the...

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 1876(c...

45 CFR 1203.11 - Judicial review.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as provided...

43 CFR 17.10 - Judicial review.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 17.10 Section 17.10... Origin § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial review as provided in section 603 of the act. [29 FR 16293, Dec. 4, 1964] ...

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 party...

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 the...

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 the...

43 CFR 35.42 - Judicial review.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 35.42 Section 35.42... CLAIMS AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties or...

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 head...

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). ...

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. ...

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 of...

77 FR 22328 - Guidance for Industry on the Judicious Use of Medically Important Antimicrobial Drugs in Food...

Science.gov (United States)

2012-04-13

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2010-D-0094] Guidance for Industry on the Judicious Use of Medically Important Antimicrobial Drugs in Food-Producing Animals; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and...

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 603...

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. ...

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 U...

O protagonismo judicial e as políticas públicas / The judicial leadership and public policy

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Mauricio Amorim

2016-07-01

                                 Abstract: This study aims to analyze the judicial control of public policies. Thus, the doctrinal concept of these policies will be explained, and the delimitation of political harvest and develops. A brief overview of the division of powers is necessary, in order to better define what can be considered as judicial activism. About this same theme of activism, will be shown that there is no consensus on their classification, but it depends on the time and place to be analyzed. A relevant discussion on the possible Reserve Theory is demonstrated, as well as whether or not their use when analyzing the legitimacy of judicial intervention in the sphere of activities of the other two branches of government. Finally, the subject of judicial intervention at the present time will be studied, and their possible consequences for democracy. Keywords: Public policy; Judicial activism; Possible reserve theory.

Public Policy and the Prison System Failure Brazil: Legal Theses 17 and 18 of the Attorney General's Office - Ago, and Immediate Intervention Judicial Power

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Daniela Carvalho Almeida Da Costa

2015-12-01

Full Text Available The purpose of this paper is to analyze the legal feasibility of the judiciary determine the Executive to carry out works in prisons; confronting the reservation of the theory of financially possible and the immediate applicability of explicit fundamental rights in the Constitution, and the latest understanding of our Constitutional Court on the subject. Thus, it was taken as a backdrop the extraordinary appeal object if 592 581 / RS - which resulted in the legal arguments of nos 17 and 18 of the Attorney General - PGR, which concerned about the problem of "judicial control policies public "to ensure the preservation of the fundamental right to physical and moral integrity of prisoners, including renovation, expansion and construction of prisons in the event of failure of state entities. Finally, there was a brief analysis of the structural crisis of the Brazilian prison system, sign flagrant violation of the supreme value of human dignity.

VOX POPULI? VOX HUMBUG! – RISING TENSION BETWEEN THE SOUTH AFRICAN EXECUTIVE AND JUDICIARY CONSIDERED IN HISTORICAL CONTEXT – PART ONE

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David Hulme

2012-12-01

Full Text Available This article takes as its starting point a controversy which has arisen around a proposed assessment by the South African government of the decisions of the Constitutional Court, giving rise to concerns that this will constitute undue interference with the independence of the judiciary. Part One of this article traces and analyses the developing controversy. It then compares the current clash between the South African Executive and Judiciary to a similar clash which took place in seventeenth century England, between King James I and Chief Justice Edward Coke. Such clashes appear to be fairly common, particularly in young democracies in which democratic institutions are yet to be properly consolidated. Although not immediately apparent, the similarities between the situation which existed in seventeenth England at the time of James I and that in present-day South Africa are instructive. In tracing the development of these two clashes between the executive and judiciary, Part One of this article lays the foundation for a more in-depth comparison in Part Two.

28 CFR 345.57 - Administrative pay.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Administrative pay. 345.57 Section 345.57... (FPI) INMATE WORK PROGRAMS Inmate Pay and Benefits § 345.57 Administrative pay. An inmate excused from a job assignment may receive administrative pay for such circumstances as a general recall for an...

Judicial Capacity in a Transforming Legal System

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Hugh Corder

2017-12-01

Full Text Available Given the perennial problem of lack of access to justice; the fact that there was no shortage of superior court judges until 1994; the demands on court process which flow directly from transition to the constitutional democratic system; and the urgent and justified necessity for the demographic transformation of judicial personnel, two challenges to the capacity of the judicial system present themselves in South Africa: Enlarging the number of suitable candidates for judicial appointment to redress the former demographic imbalance; and developing the kind of skills among those appointed as judges to be able to respond with confidence across a wide range of often complex legal issues; and developing a theory of judicial deference which observes the separation of powers and preserves judicial independence. This paper explores these challenges, after setting out the socio-political context, as it impacts directly on their nature and scope, and the prospects of meeting them.Debido al constante problema de la falta de acceso a la justicia, al hecho de que no hubo escasez de jueces de tribunales superiores hasta 1994, las demandas del proceso judicial que surgen directamente de la transición al sistema democrático constitucional, y la necesidad urgente y justificada de la transformación demográfica del personal judicial, el rendimiento judicial en Sudáfrica se encuentra con dos desafíos: Aumentar el número de candidatos aptos al nombramiento judicial para compensar el anterior desequilibrio demográfico y desarrollar en los jueces nombrados aquellas habilidades que les permitan responder con confianza a asuntos jurídicos a menudo complejos; y desarrollar una teoría de deferencia judicial que respete la separación de poderes y preserve la independencia judicial. Este artículo explora estos desafíos tras explicar el contexto sociopolítico, ya que éste afecta directamente a su naturaleza y alcance, y las probabilidades de que se superen

Justice systems and ICT
What can be learned from Europe?

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Marco Velicogna

2007-06-01

Full Text Available The rapid development of information and communication technologies (ICT opens up new opportunities to significantly improve the administration of justice. The availability of web services, the use of electronic filing, the electronic exchange of legal documents, the possibility of on-line legislation and case law are only some examples that are spurring judicial administrations around the world to rethink their current functions and activities. ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, thus helping judiciaries to provide adequate services. As many empirical examples show, this is, however, not always the case. The interaction between technology and highly regulated organisations, such as courts, may often lead to unexpected results. Europe, with its different institutional settings and experiences, allows the exploration of a variety of solutions that can be implemented to support the administration of justice. Most importantly, it also provides the opportunities for a unique insight into the dynamics and problems that may characterize such experiences. This article seeks to provide an empirically derived account on the uses of ICT within the courts and for judicial data interchange. The article is based on data collected through several research projects by the Research Institute on Judicial Systems of the Italian National Research Council, in partnership with other European institutions, including Universities and Ministries of Justice.

Administrative litigation systems in Europe

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Cătălin-Silviu Săraru

2017-06-01

Full Text Available The article, analyzing the administrative litigation in the comparative law, groups the existing types of administrative litigation into four major systems, namely: a States with administrative jurisdictions who have the State Council on top, administrative body with consultative and judicial role (the French system; b States with administrative jurisdictions completely separated from the active and consultative administrations (the German system; c States with administrative jurisdictions included in the judicial system; d States with no administrative jurisdiction (English system. The administrative contentious systems analyzed have developed in line with historical evolution and legal traditions and have been continually adapted to the realities existing in each state. The manner in which the administrative contentious is regulated in a State reflects the degree of democratization of that country, the extent to which the citizen enjoys legal safeguards to defend himself against abuses by public authorities. The scientific novelty of this article is to capture the latest trends in the evolution of the administrative contentious systems analyzed. This study aims to provide an easy working tool for reforming administrative litigation on comparative law in states with young democracy. In the research we used the comparative method, the historical and the logical method.

Review of Administrative Justice in the Republic of Kosovo

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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.

Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?

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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.

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

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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.

Judicialização ou juridicização? As instituições jurídicas e suas estratégias na saúde Judicialization or juridicization? Legal institutions and their strategies in health

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Felipe Dutra Asensi

2010-01-01

citizenship. In the context of enforcing rights, there is a discussion of legal institutions, with particular emphasis on the Prosecutor's Office, Public Defender and the Judiciary. It is observed that the realization of the right to health includes the preservation of continuity of public policies through dialogue. Thus, political conflicts suffer more juridicization (conflicts are discussed from the legal viewpoint than judicialization (to the most, you avoid taking them to the judiciary, since the intention is to avoid the judicial process and adopt multiple strategies and extra-judicial pacts. The ability to act independently brings the political highlight of the Parquet as a mediator in health. The very idea of right to health is receiving a new meaning, encompassing an interdisciplinary character, which increases the possibilities of action of the Parquet on its guarantee and helps in self-defense of a lasting health policy aimed at bringing the world of right in the world of facts.

THE CLUSTER- AN ENTITY WITH OR WITHOUT JUDICIAL PERSONALITY

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Diana Anca Artene

2014-11-01

Full Text Available As a result of the integration within the European Union, in the economical and social life of Romania, new judicial entities have been developed. The cluster is amongst the most recent advent in the judicial spectre. The cluster represents a group of people both individuals and legal persons which is considered to act on the basis of an association contract conceptualized under the existent agreements of the organizations found within the spectrum of science and accredited innovation and/or accredited higher education institutions ,as well as, other noncommercial institutions. At the same time, economic agents, local public administrative authorities, employers` or professionals associations, non-judicial individuals, financial institutions, international organizations, local and foreign investors are relevant for the emergence of the scientific and educational research activities, as well as for the technological transfer of the scientific and innovative results and their valorisation through economical activities. 2 Therefore, it can be argued that the cluster has appeared as a result of the necessity to create a proper environment that would reunite the business partners in order to develop common resources and competences. These are based on similar marketing strategies, the participation to similar projects and initiatives, the opportunity to create a brand, etc. An additional circumstance that has determined the development of this entity in its more recent form, is represented by the possibility of ensuring (at least in a pageant manner the independence for every partner on the basis of the dualism between competition- cooperation. The cluster can be organized as an entity with or without judicial personality. The definition of the cluster makes us reflect upon the ways in which it can be constituted: legal person with lucrative purpose, legal person without lucrative purpose, association without legal personality (simple association of

Judicial Performance Review in Arizona: A Critical Assessment

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Rebecca White Berch

2014-12-01

Full Text Available Judicial performance evaluations are a relatively new tool for assessing judges and providing information to voters to help them determine whether to retain judges in contested or retention elections. Arizona implemented its judicial evaluation program about 20 years ago, and since that time, the state has continually strived to improve its process. The result is that today Arizona has one of the most progressive and comprehensive judicial performance evaluation programs in the United States. This article takes a critical look at the strengths and weaknesses of Arizona’s program, keeping in mind two key values that the system seeks to protect: judicial accountability and judicial independence. Las evaluaciones del rendimiento judicial son una herramienta relativamente nueva para evaluar a los jueces y ofrecer información a los votantes, que les ayude a decidir si quieren reelegir a los jueces en las elecciones. Arizona implementó su programa de evaluación judicial hace unos 20 años, y desde ese momento, el Estado se ha esforzado continuamente en mejorar el proceso. El resultado es que hoy en día, Arizona tiene uno de los programas de evaluación del rendimiento judicial más progresistas e integrales de los Estados Unidos. Este artículo ofrece una mirada crítica a las fortalezas y debilidades del programa de Arizona, teniendo en cuenta dos valores clave que el sistema trata de proteger: la responsabilidad judicial y la independencia judicial. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533868

46 CFR 1.01-30 - Judicial review.

Science.gov (United States)

2010-10-01

... 46 Shipping 1 2010-10-01 2010-10-01 false Judicial review. 1.01-30 Section 1.01-30 Shipping COAST... Judicial review. (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of...

Trajetória da revisão judicial no desenho constitucional brasileiro: tutela, autonomia e judicialização The trajectory of judicial review in the brazilian constitutional design: tutelage, autonomy and judicialization

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Ernani Carvalho

2010-04-01

Full Text Available As instituições judiciárias ficaram por muito tempo na sombra dos fenômenos e da teoria política estudadas na América Latina. Neste texto trago algumas reflexões em torno de uma dessas instituições, a revisão judicial. A ideia central é demonstrar a trajetória deste instrumento jurídico que se tornou uma peça chave no entendimento da judicialização da política no Brasil. Neste sentido, tentaremos mapear os fatores que potencializam a judicialização da política tomando como pano de fundo a evolução das instituições judiciais brasileiras no período republicano, especificamente as instituições responsáveis pela revisão judicial.The judicial institutions remained for a long time in the shadow of the political phenomena and theory in Latin America. This article presents some thoughts on one of these institutions, the judicial review. The main idea is to demonstrate the trajectory of this legal instrument that has become a key piece to understand the judicialization of politics in Brazil. In this sense, the paper tries to identify the factors that lead to the judicialization of politics, considering as background the evolution of the judicial institutions in Brazil during the republican period, and in particular the institutions responsible for the judicial review.

31 CFR 595.511 - Transactions with entities under the control of the Palestinian President and certain other...

Science.gov (United States)

2010-07-01

... Authority Presidency, including only the Office of the President, Presidential Security, General Intelligence Apparatus, Governors and Governorate staff, the Attorney General's Office, the Palestine... Information Services); (2) The Palestinian Judiciary, including the Higher Judicial Council; (3) Members of...

Judicial law-making: Unlocking the creative powers of judges in ...

African Journals Online (AJOL)

... the creative powers of judges in terms of Section 39(2) of the constitution. ... that judges do indeed have a law-making function in the process of interpretation. ... The article examines the extent to which the judiciary can use this power in a ...

Um enfoque sanitário sobre a demanda judicial de medicamentos A sanitary focus on medicines lawsuit

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Tatiana Aragão Figueiredo

2010-01-01

analyzed under different perspectives, including the health perspective, which is basically related to health outcomes for these individuals. This paper discusses the main characteristics of judicial demands, especially regarding the rational use of medicines, the use of scientific evidence to examine and substantiate the intended therapeutic use, and the justification of litigation as a means of access to medicines, in light of the concepts of access adopted by the field of pharmaceutical services in Brazil. Health risks to individuals demanding medicines through the Judiciary must be scrutinized when the demanded medicines do not belong to essential medicines lists, when their indication may be viewed as off-label, or if they have not obtained market approval in the country. The assumption is that the Judicial System aims to warrant the health of plaintiffs and in this ultimately the dignity of the individual. But this objective will only be met if in guaranteeing health all aspects of safety for the individual are involved, including the use of medicines.

31 CFR 594.513 - Transactions with entities under the control of the Palestinian President and certain other...

Science.gov (United States)

2010-07-01

... Palestinian Authority Presidency, including only the Office of the President, Presidential Security, General Intelligence Apparatus, Governors and Governorate staff, the Attorney General's Office, the Palestine... Information Services); (2) The Palestinian Judiciary, including the Higher Judicial Council; (3) Members of...

THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

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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.

Atitudinea nedemnă in exercitarea profesiei de judecător sau de procuror

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Manea Tamara

2016-12-01

Full Text Available In the article, the author analyzes values such as honor and professional conduct that involves the ability of the judge and the prosecutor to carry out their judicial responsibilities in good faith, fairness, decency, impartiality and independence, so that in the conscience of a reasonable observer it creates the perception that they use their prerogatives of the position in the interests of an efficient administration of justice and maintain the authority of the institution they represent. Compliance with these standards of conduct by the magistrates is a key factor to the prestige of the judiciary system and for the strengthening of citizens’ confidence in justice.

Accessibility in e-government portals of the Judiciary

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Mariana Pessini Mezzaroba

2016-05-01

Full Text Available This article deals with an analysis of the application of Macedo accessibility guidelines (2010 for the publication of texts on the Web. In this paper, e-government portals were observed, particularly the judiciary, using the Supreme Court site Federal (STF, to verify whether the available material allows people with some kind of visual disability to access it and become aware of its contents. We also used the model of accessibility in Electronic Government eMag, established by the Federal Government, through Decree n. 03 of 07 May 2007.It were also developed the graphical representation of synthesis (RGS addressed the issue. The analysis was performed from the application of e-government accessibility evaluator ASES (Appraiser and accessibility Simulator Sites, combining their results with the textual guidelines already mentioned. After analyzing the results, it shows a table with errors and recommendations to the portal.

12 CFR 1780.57 - Stays pending judicial review.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stays pending judicial review. 1780.57 Section... Posthearing Proceedings § 1780.57 Stays pending judicial review. The commencement of proceedings for judicial... Director pending a final decision on a petition for review of that order. ...

Imaginaries of Judicial Practices in Cali, Colombia

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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.

Autorización judicial de entrada en el domicilio y potestades administrativas: extensión del ámbito protegido, cuestiones procedimentales y proporcionalidad

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Miguel Ángel Ruiz López

2013-10-01

Full Text Available El ejercicio de las potestades administrativas suscita una consideración desde la perspectiva del derecho fundamental a la inviolabilidad del domicilio. ¿Pero todos los lugares a los que puede acceder la Administración en el ejercicio de sus potestades constituyen domicilio, en el sentido constitucional del término? ¿Puede afirmarse que la autorización judicial es preceptiva en todos los supuestos específicos de ejercicio de potestades administrativas? En el presente trabajo se analiza la jurisprudencia constitucional y contencioso-administrativa recaída en torno al concepto de domicilio constitucional, con especial atención a su aplicación en el ámbito de las potestades administrativas. Asimismo se examinan las reglas y principios esenciales aplicables al procedimiento judicial cuando es precisa la autorización de entrada administrativa, con alusión a la competencia para otorgarla, al trámite de audiencia y al contenido mismo de la resolución judicial. The exercise of administrative powers can be analyzed from the perspective of the fundamental right to the inviolability of the home. Every place where administrative entry is possible, could be considered home in the constitutional sense of the term? Is always required authorization in any case of administrative powers exercise? This paper examines the Spanish constitutional and administrative case law around the concept of constitutional home; particularly from administrative powers point of view. It also focuses on the rules and principles applicable to judicial proceedings when entry authorization is needed, with reference to the power to grant it, the hearing process and the content of the judgment.

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...

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

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Jonathan Soeharno

2007-06-01

Full Text Available 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 means homogeneous. Not only are there considerable differences between the English and the Dutch discourses, there are also differences within each discourse regarding the use and meaning of integrity. In order to gain a better understanding of the concept, normative theory is consulted. From a rule of law perspective, integrity as the proper professional character of an official appears to be a presupposed norm. From the perspective of democracy, integrity appears as the norm that correlates with public trust. Expounding on these norms – integrity as professional character and integrity as external accountability – enables a better understanding of the discourses on judicial integrity.

SMEs: Trust and judicial system

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Marilene Lorizio

2016-06-01

Full Text Available Italian SMEs share capabilities and routines that permit them to reach high level of competition. But in a global system that is affected by structural deficiencies and negative performance of judicial system, it is very hard to maintain high performances. In this work, starting from the resilience capacity of a group of SMEs of surviving to the crisis, we try to analyse the quality of the expectations of a sample of resilient firms. Our study leads to the hypothesis that the economic crisis is in line with a crisis of confidence in the judicial system. This is all the more serious when considering that this distrust is rooted in those firms located in Southern Italy, where the inefficiency of the judicial system is particularly pronounced.

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 enforcement...

Considerations about an administrative ''margin of prognosis''

International Nuclear Information System (INIS)

Tettinger, P.J.

1982-01-01

The investigation is concerned with the limitations of certain judicial concepts, and the descretion of the appropriate administrative authorities to interpret them, especially in the area of necessary precautionary measures with regard to nuclear power plants safety. Thereby the question arises, whether by interpreting undefined judicial concepts (such as ''the status of science and technology'', e.g. section 1 sub-section 2, number 3 of the Atomic Energy Law), administrative authorities should be given a flexible margin of judgement which could not be examined, by the administrative courts, especially in view of risk analysis and risk assessments. Diverging opinions in legal literature and the administration of justice will be presented and critically analyzed. The author argues for an integral administrative procedure. Controlling the licensing of nuclear power plants, which - if need be - should only be limited by a ''plausibility control'' in cases where several security-safety related technical solutions appear acceptable. (WBI) [de

The Judicialization of Health in Brazil: Guiding Principles, Organization as the Law 8.080/90, Possibilities and Limites of Jurisdiction in Actions of Free Medicine Provision

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Anna Christina Zenkner

2016-12-01

Full Text Available The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and judicial, to make public policies feasible in order to achieve satisfaction of the right to health.

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 that...

37 CFR 204.9 - Judicial review.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Judicial review. 204.9 Section 204.9 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES PRIVACY ACT: POLICIES AND PROCEDURES § 204.9 Judicial review. Within two years of the...

Strategic Forum Number 208: Turbulent Transition in Iraq: Can It Succeed?

Science.gov (United States)

2004-06-01

ministers including a prime minister, and a judiciary. There is separation of powers —legislative, executive, and judicial. The assembly will elect the... separation of powers based on geographic and historical realities and not race, ethnicity, nationality, or religious sect (confession). Formulation of

12 CFR 509.41 - Stays pending judicial review.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Stays pending judicial review. 509.41 Section... pending judicial review. The commencement of proceedings for judicial review of a final decision and order... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Science.gov (United States)

2010-07-01

... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...

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 recognize...

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 review...

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 (in...

The Search for Accountability and Transparency in Plan Colombia: Reforming Judicial Institutions - Again

National Research Council Canada - National Science Library

Nagle, Luz

2001-01-01

The author argues that confidence in an efficient, courageous and transparent judiciary goes to the very heart of the governability of Colombia, and that Plan Colombia does not address the root causes...

[Risk assessment work-related stress. pilot study on perceived stress, quality of health and work problems in a sample of workers of judicial offices in rome.

Science.gov (United States)

Berivi, Sandra; Grassi, Antonio; Russello, Carla; Palummieri, Antonio

2017-11-01

In 2008, it was introduced by the Legislature legislation which provided the inclusion of Article 28, paragraph 1 of Legislative Decree. N. 81/2008, which stipulates for businesses and public authorities a duty to assess, among a variety of risks that could threaten the safety and health of workers (chemical, biological risk, etc) and also the work-related stress. The implementation of this decree is, therefore, specified as "work-related stress" as one of the subjects of mandatory assessment risks. The decree, then entrusted to the Permanent Consultative Commission for health and safety at work the task to "prepare the necessary information for the risk assessment of work-related stress", subsequently issued on 17/11/2010 in the form of a "methodological path which represents the minimum level of implementation of the obligation". In light of this regulatory framework, we established our pilot study, with the objective of analyzing a growing occupational discomfort. This objective has been diffused and palpable, but very difficult to define, in a sample of employees of the Judiciary Lazio Offices. The study was commissioned by Law Committee of Guarantee of Equal Opportunity Enhancement of Welfare Work and those against Discrimination (CUG) of the Judicial Offices Romans of the Court of Appeal of Rome also contributed to its realization. The data collected from the administration of two standardized questionnaires was analyzed (Questionnaire-gauge instrument INAIL and the SF-12 v1). More evidently in this pilot study, there was a serious problem in the organizational dimension, in specific, in Managerial Support. Just as it appears, the study sample is perceived "less healthy", both physically and mentally, than the Italian normative sample. Although the sample is only a part of the study population, 26% of workers of the Judicial Offices Romans, the data obtained shows however, from both a quantitative and qualitative view point, a significant occupational stress

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 district...

The Judicialization of Health in Brazil: Guiding Principles, Organization as the Law 8.080/90, Possibilities and Limites of Jurisdiction in Actions of Free Medicine Provision

OpenAIRE

Anna Christina Zenkner; Natal dos Reis Carvalho Junior

2016-01-01

The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and...

Turbulent Transition in Iraq: Can It Succeed? (Strategic Forum, Number 208, June 2004)

Science.gov (United States)

2004-06-01

council, a council of ministers including a prime minister, and a judiciary. There is separation of powers —legislative, executive, and judicial. The...defined as a system of separation of powers based on geographic and historical realities and not race, ethnicity, nationality, or religious sect

The Judicial Domain in View: figures, trends and perspectives

NARCIS (Netherlands)

M.A. Loth (Marc); E. Mak (Elaine)

2007-01-01

textabstractWhere will the Dutch judicial system be in 2015? One of us answered a similar type of question elsewhere with a sketch of two frightening scenarios.* In the first scenario the judicial system will have insufficiently adapted itself to its surroundings. The judicial system will become

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.

Perspectives on Europeanization of national judiciaries: old and new questions

DEFF Research Database (Denmark)

Mayoral, Juan A.; Jaremba, Urszula

The aim of this article is to bring together different legal, political science and sociological perspectives addressing the problem of Europeanization of national judiciaries. In that sense, this article provides an overview of several old aspects regarding the way and extent national courts/jud...... concerning, for instance, courts compliance with EU law, the relevance of national judges’ individual profiles (knowledge, attitudes and values) but also the role of institutions (networks) and legal systems in the process of Europeanization of judges......./judges adapted to their role of European judges. Next to that, it is looked into the manner of and reasons behind judges’ involvement in the process of EU legal integration, whereby a new research agenda is offered. For that purpose, new questions are raised and different empirical aspects are discussed...

Reform of the United Kingdom judicial system

Directory of Open Access Journals (Sweden)

Ovidiu-Horia MAICAN

2013-12-01

Full Text Available The separation of powers in a state is an essential characteristic of every democratic country, a principle present in many constitutions, most notably that of the United States. The concept is imperfectly fulfilled in the United Kingdom, given that the executive (Ministers form part of the legislature and that part of the judiciary (Law Lords sit in the legislature. As a result, it was necessary to remove the constitutional anomaly that the highest court of appeal in the United Kingdom was situated within one of the chambers of Parliament.

Officieren van justitie in de 21e eeuw : Een verslag van participerend observatieonderzoek naar de taakopvatting en taakinvulling van officieren van justitie

NARCIS (Netherlands)

Lindeman, J.M.W.

2017-01-01

Dutch prosecutors are members of the judiciary, charged with executing the tasks of the Public Prosecution Service (PPS). Their role is quasi-judicial, like that of a magistrate. However, they do not enjoy the same independence as judges. Their activities are partly determined by government policy,

28 CFR 14.2 - Administrative claim; when presented.

Science.gov (United States)

2010-07-01

....2 Section 14.2 Judicial Administration DEPARTMENT OF JUSTICE ADMINISTRATIVE CLAIMS UNDER FEDERAL... the affected agencies, the Department of Justice shall be consulted and will thereafter designate an... Federal agency subsequently desires to take further action with a view towards settling the claim the...

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.

Desegregation of Public Schools. Testimony before the Subcommittee on Separation of Powers, Committee on the Judiciary, United States Senate.

Science.gov (United States)

Reynolds, William Bradford

This testimony was delivered by William Bradford Reynolds, the Assistant Attorney General of the Civil Rights Division, before the Subcommttee on Separation of Powers, Committee on the Judiciary of the United States Senate. Reynold states that compulsory busing of students is not an acceptable remedy to achieve racial balance. He emphasizes the…

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.

Aspectos Relevantes de la Organización del Poder Judicial Español: Selección y Formación de Jueces, la Reforma de la Secretaria Judicial y la Figura del Secretario Judicial

Directory of Open Access Journals (Sweden)

Daniel Polignano Godoy

2015-12-01

Full Text Available El presente artículo, a fin de contribuir a los estudios sobre la política judicial, la gestión y la administración de la justicia en Brasil, ofrece una visión general de algunos aspectos relevantes de la organización del Poder Judicial español a saber, la selección y formación de los magistrados, la reforma de la secretaria judicial y la figura del secretario judicial, que son temas de interés actual en vista de las similitudes socio-culturales y jurídicas, y la coincidencia entre los problemas que enfrentan los poderes judiciales de Brasil y España. Aunque no contenga una sugestión de "importación" de soluciones acríticas extranjeras, propone una profundización del estudio de estos puntos, con el fin de evaluar los posibles impactos positivos que tuvieron en el caso español y verificar si no serían medidas interesantes a aplicarse en el escenario brasileño, especialmente en el caso de la secretaria judicial, cuya función consiste en aliviar el juez de la gestión de la unidad administrativa y de trabajos "burocráticos", para centrarse en la función judicial, al mismo tiempo en que permitiría la centralización y la especialización de la gestión y del trabajo administrativo.

Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

Energy Technology Data Exchange (ETDEWEB)

Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

1989-01-01

The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

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.

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

Directory of Open Access Journals (Sweden)

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.

[Mistakes and omissions in judicial reports prepared in emergency services].

Science.gov (United States)

Turla, Ahmet; Aydin, Berna; Sataloğlu, Neva

2009-03-01

We aimed in this study to determine any mistakes or omissions made while preparing judicial reports, which contribute to the judicial process. In this study, we evaluated as samples 351 judicial reports of victims who applied to the Emergency Service of Ondokuz Mayis University between January 1, 2005 and December 31, 2005 with respect to the judicial facts, and we recorded any mistakes or omissions of data in these reports. We determined that there was no record of age in 6% of the judicial reports, of examination time in 71.8%, of traumatic lesion or not in 30.5%, of the state of consciousness in 58.7%, and of the presence or not of life-threatening risks in 2.6%. The name of the physician who prepared the report was not provided in 8.0% of the reports. The most important omission is that none of the reports had the name, surname or signature of the person who had taken the prepared report. We concluded that, after graduation, it is necessary for physicians, who are responsible for both treating the patients and writing judicial reports, to attend in-service training programs. They must also be properly advised regarding their responsibilities in judicial cases.

Committees State Health and Facing the Phenomenon of Health Judicialization

Directory of Open Access Journals (Sweden)

Homero Lamarão Neto

2016-12-01

Full Text Available The search for consensus methods of conflict resolution is not much explored in claims involving the public sector. The State Health Committees, created by determining the CNJ, with remarkable goal of consensual resolution on public health issues, have dialogue and academic discussion of evidence-based medicine as guidelines for a bold stance on the rights assurance, innovating behavior the judiciary in coping with the legalization of health phenomenon.

The judicialization of territorial politics in Brazil, Colombia and Spain

Directory of Open Access Journals (Sweden)

Helder Ferreira do Vale

2013-08-01

Full Text Available This article explains how judicial review influences intergovernmental political dynamics in Brazil, Colombia and Spain. The argument is developed in light of two questions: how supreme courts have established themselves as pivotal institutions for settling vertical intergovernmental disputes, and how national and subnational politicians use judicial review in order to enhance their own interests. A comparison between the judicial review processes in federal Brazil, quasi-federal Spain, and unitary Colombia provides an answer to these questions. Accounting for the differences in the territorial organization and systems of government among these countries, the article assesses the patterns of judicial review originating from the subnational level. Findings suggest that courts affect the interaction between national and subnational politicians in the three country-cases, but through different patterns of judicialization of territorial politics.

31 CFR 357.23 - Judicial proceedings-sovereign immunity.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance... Securities System (Legacy Treasury Direct) § 357.23 Judicial proceedings—sovereign immunity. (a) Department...

Introducing Virtual Law offices in the Existing Judiciary

Directory of Open Access Journals (Sweden)

Rizul KHANNA

2013-05-01

Full Text Available With the rise of omnipresent foundation of computing resources over the past years, every IT Setup is expanding their horizons in the Cloud services and related technologies. Cloud provides dynamically scalable virtualized computing resources as a service over the Internet and this key characteristic differentiates it from traditional computing paradigm. It is the application of Cloud and mobile computing technologies for improving communication between lawyers, their clients, and any other person involved. This framework basically digitalizes the existing judicial file system to form an e-library using Clouds infrastructure and using the internet services like GPRS or GSM / CDMA or 3G/4G etc for information retrieval from this e-library after the request has received proper authorization and authentication of the regulatory body. Data is received from both Web and mobile based applications so that each person can access the judicial data anytime and anywhere. For the realization of this system, a web interface is created with e-library serving as the main database and with user-friendly interface to do the above data acquisition and analysis which ultimately gives pace to the slow process of case management.

Judicial police, functions and its development in Albania

Directory of Open Access Journals (Sweden)

Asllan Dogjani

2016-03-01

Full Text Available This article aims at a consistent search of the opinions about the judicial police as one of the subjects, contained in the Albanian criminal procedural law. In article 30 of the Albanian Criminal Procedure Code, are sanctioned the functions, division, addiction and judicial police duties. In the initial phase, the preliminary investigations are the basis of criminal proceedings. This phase includes evidences that cannot be replicated, the security measures are set, it is performed the notice of suit and necessary datas are collected. Searching, tracking, capture and bringing before trial of the perpetrators is considered as one of the oldest activities of human being. The need to ensure these regulations and the aim to prevent the consequences of any criminal activity has forced societies and different states to establish special investigative bodies (investigation and to determine by time their rights and obligations. So judicial police organs were provided and charged with competences and legal responsibility for the detection, crime preventions and research, capturing and bringing before the court, individuals or groups who commit criminal activities. From a comparative overview of legislation of the judicial police in several countries around the world, it is shown that there is no extreme change in structures and organizational patterns of these bodies, missions, powers and responsibilities they exercise (Elezi, 1997, 13. Judicial police in Albania has also been and is one of the important subjects of the criminal proceedings. In the historical perspective these bodies have had mixed origins and nature, and in different times they were military or civilian institutions. In this context, main purpose of this paper is the analysis of judicial police in

Defensive Jurisprudence and Productivity Goals: Jabuticaba Consumerist

Directory of Open Access Journals (Sweden)

Miguel Luiz Barros Barreto de Oliveira

2016-10-01

Full Text Available This paper analyzes the application of so-called procedural defensive jurisprudence that values exacerbated rationalization of the judiciary activities, preventing the processing of judicial review in the higher courts, and its consequences in consumeristas indemnity processes. It analyzes the pressure to which judges are subjected, especially because of the need to comply with productivity goals. The construction work suggests the misconception of these imposed judicial policies to decrease the procedural stock since that attack the problem on screen superficially and do not solve the basic question.

12 CFR 747.41 - Stays pending judicial review.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Stays pending judicial review. 747.41 Section... of Practice and Procedure § 747.41 Stays pending judicial review. The commencement of proceedings for... part of its order pending a final decision on a petition for review of that order. ...

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.

Judicial Process, Grade Eight. Resource Unit (Unit V).

Science.gov (United States)

Minnesota Univ., Minneapolis. Project Social Studies Curriculum Center.

This resource unit, developed by the University of Minnesota's Project Social Studies, introduces eighth graders to the judicial process. The unit was designed with two major purposes in mind. First, it helps pupils understand judicial decision-making, and second, it provides for the study of the rights guaranteed by the federal Constitution. Both…

12 CFR 308.41 - Stays pending judicial review.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Stays pending judicial review. 308.41 Section... OF PRACTICE AND PROCEDURE Uniform Rules of Practice and Procedure § 308.41 Stays pending judicial... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...

A judicialização da competição política: o TSE e as coligações eleitorais

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Vitor Marchetti

2009-11-01

Full Text Available Há uma extensa literatura que se debruça sobre os efeitos do poder judiciário no funcionamento dos sistemas políticos. Estaríamos assistindo à judicialização da política? O argumento apresentado é que o entendimento acerca da influência do direito na dinâmica dos sistemas políticos supõe uma noção mais ampla sobre o lócus e o momento em que ocorre sua interferência no funcionamento das democracias contemporâneas. A proposta é discutir a judicialização no que diz respeito à definição das regras da competição político-eleitoral. Para isso, analisaremos a decisão do TSE (Tribunal Superior Eleitoral referente à verticalização das coligações. O argumento é que o TSE não apenas interpretou uma legislação, mas também estabeleceu um novo regulamento no lugar do poder legislativo. Nossa análise demonstra que a regulamentação das coligações eleitorais é fruto de interação estratégica entre o TSE e o poder legislativo.There is an extensive literature to study the effects of the judiciary power on how political systems work. Is there a judicialization of politics? Our point is that the answer to that question is connected to theoretical questions about the ways to prove and where scholars should look in order to detect the effect of judiciary in democratic systems. In this work we analyze the judicialization of politics under the perspective of the definition of the rules of electoral competition. In order to prove our argument, this article studies how TSE (brazilian judiciary court rules coalitions in Brazil's political system, known as "verticalização" _the uniformity of party coalitions at state and federal levels. Our case study shows that TSE, in fact, not only interprets the law but, actually, establishes rules, taking the place of the legislative body _which, in turn, made another move. The analysis suggests that the question of judiciary of politics should be seen as an strategic interaction between

25 CFR 11.438 - Flight to avoid prosecution or judicial process.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...

12 CFR 19.41 - Stays pending judicial review.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Stays pending judicial review. 19.41 Section 19... PROCEDURE Uniform Rules of Practice and Procedure § 19.41 Stays pending judicial review. The commencement of... effectiveness of all or any part of an order pending a final decision on a petition for review of that order. ...

28 CFR 16.98 - Exemption of the Drug Enforcement Administration (DEA)-limited access.

Science.gov (United States)

2010-07-01

... Administration (DEA)-limited access. 16.98 Section 16.98 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION... Exemption of the Drug Enforcement Administration (DEA)—limited access. (a) The following systems of records.../Diversion Analysis and Detection System (ARCOS/DADS) (Justice/DEA-003) (2) Controlled Substances Act...

28 CFR 0.138 - Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco...

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Bureau of Prisons, Federal... Administrative Matters § 0.138 Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of...

Should I go to court?: an assessment of the role of the Judiciary in disputes between cattle raisers and meatpackers in Brazil

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.

Judicial Reform and Commercial Justice : The Experience of Tanzania's Commercial Court

OpenAIRE

Finnegan, David Louis

2004-01-01

Policymakers in developing and transition economies recognize the important role played by judiciaries in creating an institutional environment conducive to robust private sector activity. In the case of Tanzania, the government, with the support of local business groups, international investors, and the donor community, created a specialized court dedicated to considering and resolving commercial and financial cases. The Commercial Division of the High Court of Tanzania (the "Commercial Cour...

28 CFR 0.118 - Office of Chief Administrative Hearing Officer.

Science.gov (United States)

2010-07-01

... 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 Hearing... Law Judges in performance of their duties in accordance with 8 U.S.C. 1324 A and B. ...

Existing knowledge in science and technology as subject of judicial establishment of facts

Energy Technology Data Exchange (ETDEWEB)

Czajika, D.

1982-02-01

The problems facing administrative courts in determining 'existing knowledge in science and technology' (No. 3 of paragraph 2 of sect. 7 of the Atomic Energy Law) cannot be solved by limiting the judicial establishment of facts. According to established law, in procedural or substantive law there is no foundation for doing so. Limits to this establishment of facts do result from the nature of the scientific process of understanding, which very often allows but the establishment of 'margins' pertaining to scientific opinions.

Doing Justice Outside the Courts: From 19th Century Demands to the Reparations of the Agrarian Reform

Directory of Open Access Journals (Sweden)

Helga Baitenmann

2017-04-01

Full Text Available This article interprets Mexico’s revolutionary agrarian reform as a rearrangement of the balance of power between the executive and judicial branches of government in which village representatives played a key role. In the nineteenth century, when villagers were unable to resolve their land conflicts in the courts, they often asked the executive to intervene. However, the judiciary successfully defended its authority over contentious land matters. The same dynamic played out during Francisco I. Madero’s government, when pueblo representatives assumed that the Ministry  of development would take over land and settle boundary disputes, but the judiciary continued to defend the constitutional separation of powers. Yet the existing balance of power changed radically when Venustiano  Carranza, in the middle of a civil war during which he shut down the judiciary,  signed an agrarian law that allowed the executive to appropriate court functions. The first two reinstated Supreme Courts subsequently gave up some of the prerogatives that constitutionally belonged to the judiciary. This analysis reevaluates prevailing understandings of Mexican agrarian law and the origins of the federal executive’s extraordinary twentieth-century powers.

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.

THE INDEPENDENCE OF SOUTH AFRICAN JUDGES: A CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE

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Lunga Siyo

2015-11-01

Full Text Available Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial appointments and security of tenure. It also discusses the sensitive matter of complaints and disciplinary proceedings against judges and their removal from office. The issue of the remuneration of judges is also explored. In discussing the challenges facing judicial independence some incidents that have appeared to compromise such independence are highlighted. These include the controversial appointments of Advocate Mpshe as an acting judge in the North West Province in 2010 and Judge Heath as the Head of the Special Investigative Unit (SIU in 2011. The never-ending controversy surrounding the Cape Judge President John Hlophe and his alleged attempts to improperly influence two Constitutional Court judges in a case involving President Jacob Zuma is also highlighted. Another issue that has brought judicial independence into sharp focus is the June 2015 visit to South Africa of Sudan's President Omar al-Bashir, who was on a warrant of arrest from the International Criminal Court (ICC for genocide and war crimes in the Darfur region of Sudan. A decision by the North Gauteng High Court on his presence in South Africa and the attacks on the judiciary made by various government officials as a result are discussed. Several conclusions are drawn but in the main, it is generally concluded that the constitutional and legislative framework adopted by South Africa sufficiently insulates judges from improper influence. However, there have been several notable challenges that particularly relate to judicial appointments and how the JSC has handled certain matters. Irresponsible and uninformed political statements by politicians and unwarranted political attacks on the judiciary

20th Anniversary Conference on World Bank Administrative Tribunal

CERN Document Server

2000-01-01

Contents :"Review of discretionary power by international administrative tribunals" by Michel Gentot, "Checks exerted by administrative tribunals over the discretionary powers of international organizations" by Nicolas Valticos, "Comments" by Ranjan (C.F.) Amerasinghe, "The review of managerial discretion by international administrative tribunals" by Francisco Orrego Vicuña, "Some practical issue arising in international administrative tribunals" by Nassib G. Ziadé, "Aspects of judicial review of administrative action in the WBAT with comparative remarks" by Spyridon Flogaitis, "The International Monetary Fund Administrative Tribunal : its first six years" by Celia Goldman

Democratization of Justice and Governance: some notes from Brazil

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José Querino Tavares Neto

2016-04-01

Full Text Available Social rights have a collective dimension that arises especially when they become object of public policies, so their efficacy depends on the enlargement of deliberative spaces within the civil society. Although the legitimacy of the adjucation process depends on the juridical order providing spaces to guarantee that divergent interests will be represented, this is still difficult in the judiciary. Public hearings and amicus curiae can bring together “new actors”, such as NGO’s and social movements to the judicial field, so they could become more able to resist to the domination process denounced by Bourdieu, leading to democratization of the judiciary

The Principle of Judicial Cooperation New Code of Civil Procedure: An Analysis Protection from the Worker Front of the Institute of Judicial Recovery

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Patricia Fernandes Bega

2016-10-01

Full Text Available The article is subject to study the Principle of Judicial Cooperation. The problem of research focuses on the conflict between the institution of bankruptcy and labor laws. The initial hypothesis is that the principle of protection to workers and the Judicial Recovery Institute reveal clash, contradiction and non-cooperation. In this way, the work seeks to demonstrate that the procedural rule of judicial cooperation brought about by the new CPC is an instrument of dialogue between material contradictions. The objective is to analyze the new civil procedure code and the difficulty to cooperate the irreconcilable. The method used was deductive.

WHAT HAPPENS WHEN THE JUDICIARY SWITCHES ROLES WITH THE LEGISLATOR? AN INNOVATIVE ISRAELI VERSION OF A MIXED JURISDICTION

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Haim Sandberg

2012-09-01

a far-reaching and fundamental ruling to the legislature was a subversion of the fundamental ruling and delayed justice for the parties who sought a resolution of the matter.The paper claims that this mechanism leads to the creation of a new variety of a "mixed-system". The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the court resembles a section of an analytical "civil law" statute. When the motivation for legislation stems from the court's directives, rather than the governmental or legislative interests, the legislature or the executive branch has an interest in thwarting the court’s intention through the use of various tactics readily at its disposal. This process also affects the vague and detailed formulation of the legislation, which has a character rather different from the abstract nature of civil law legislation. The lesson that this episode teach us, which the court itself internalized, is that a court cannot really dictate a legislative agenda and that it should instead focus on its designated role – the resolving of concrete disputes.

Judicial Reforms in Russia: 1864 to 2014

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Irina Reshetnikova

2015-01-01

Full Text Available In 2014 we celebrate the 150th anniversary of the Judicial Reform in Russia. The 1860s are known as a time of major reforms in various spheres of life, one of them being the Judicial Reform adopted in 1864. Before 1864 civil procedure was considered to be the classical form of inquisitorial justice1 with active judges and passive parties. Inquisitorial procedure was a written process conducted in secret with no legal representatives in court, and with formal evaluation of evidence (otsenka dokazatel’stv. Instead of an inquisitorial procedure the Judicial Reform introduced an adversarial system with active parties and more or less passive judges, an open, oral (public process, legal representatives, and free evaluation of evidence. So, for Russian procedure it was a revolution as it happened in other countries of Europe, which turned away from an inquisitorial to an adversarial system of justice.

Methodologies for Measuring Judicial Performance: The Problem of Bias

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Jennifer Elek

2014-12-01

Full Text Available Concerns about gender and racial bias in the survey-based evaluations of judicial performance common in the United States have persisted for decades. Consistent with a large body of basic research in the psychological sciences, recent studies confirm that the results from these JPE surveys are systematically biased against women and minority judges. In this paper, we explain the insidious manner in which performance evaluations may be biased, describe some techniques that may help to reduce expressions of bias in judicial performance evaluation surveys, and discuss the potential problem such biases may pose in other common methods of performance evaluation used in the United States and elsewhere. We conclude by highlighting the potential adverse consequences of judicial performance evaluation programs that rely on biased measurements. Durante décadas ha habido una preocupación por la discriminación por género y racial en las evaluaciones del rendimiento judicial basadas en encuestas, comunes en Estados Unidos. De acuerdo con un gran corpus de investigación básica en las ciencias psicológicas, estudios recientes confirman que los resultados de estas encuestas de evaluación del rendimiento judicial están sistemáticamente sesgados contra las mujeres y los jueces de minorías. En este artículo se explica la manera insidiosa en que las evaluaciones de rendimiento pueden estar sesgadas, se describen algunas técnicas que pueden ayudar a reducir las expresiones de sesgo en los estudios de evaluación del rendimiento judicial, y se debate el problema potencial que estos sesgos pueden plantear en otros métodos comunes de evaluación del rendimiento utilizados en Estados Unidos y otros países. Se concluye destacando las posibles consecuencias adversas de los programas de evaluación del rendimiento judicial que se basan en mediciones sesgadas. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533937

40 CFR 164.40 - Qualifications and duties of Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Administrative Law Judge. 164.40 Section 164.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in... Law Judge, the Administrator or the Environmental Appeals Board. [38 FR 19371, July 20, 1973, as...

Does Judge Turnover Affect Judicial Performance?

DEFF Research Database (Denmark)

Guerra, Alice; Tagliapietra, Claudio

2017-01-01

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...... in judicial performance over two years of time...

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

2018-01-01

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 The Authors. Published by Elsevier B.V. All rights reserved.

7 CFR 400.56 - Administrative appeal exhaustion.

Science.gov (United States)

2010-01-01

... contained in 7 CFR part 400, subpart J. Administrative remedies through the appeal process must be exhausted prior to any action for judicial review. The approved APH yield determined as a result of the appeal process will be the yield applicable to the crop year. ...

The Judicial Process as a Form of Program Evaluation.

Science.gov (United States)

Ellsberry, James

1980-01-01

Maintaining that the judicial process is particularly effective as a form of program evaluation, this article details organizational procedures and lists the following advantages for use of the judicial process: issues are investigated in an open forum, the community can participate, and exciting opportunities for teaching and learning are…

Political Science, The Judicial Process, and A Legal Education

Science.gov (United States)

Funston, Richard

1975-01-01

Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)

O Judicial Review e o ativismo judicial da Suprema Corte americana na proteção de direitos fundamentais

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Estefania Maria de Queiroz Barboza

2016-12-01

Full Text Available Resumo: No presente artigo examinaram-se as origens históricas do judicial review nos Estados Unidos da América desde o caso Marbury v. Madison até a Corte Burger, bem como os reflexos de sua concepção no chamado “ativismo judicial” norte-americano, o qual acabou por priorizar o papel da jurisdição constitucional na proteção dos direitos fundamentais garantidos na Constituição, mesmo que isso implicasse enfrentar questões tipicamente políticas. Ou seja, apresentaram-se casos nos quais a Suprema Corte atuou de forma ativista especialmente na proteção de direitos fundamentais, embora em outros momentos tenha atuado justamente no sentido contrário, como na Era Lochner, numa postura conservadora em relação à proteção de direitos. Palavras-chave: Ativismo judicial. Suprema Corte. Estados Unidos. Judicial Review.

Judicial Review: State Supreme Judicial Views on Balancing Civil Liberties and Public Safety/Security Measures during the Global War on Terror

Science.gov (United States)

2009-03-01

provided to preserving individual rights by “. . . narrowing the range of rights- violative options available to the government in the next emergency...relationship with the government as agent )142 who sounds a “fire alarm,” by bringing a complaint before the...Judicial Review,” 24-30. 142 Ibid., “Judicial Review Supports Popular Sovereignty by Mitigating the Principal- Agent Problem that Lies at the Heart of

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...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...

Regional Courts as Judicial Brakes?

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Metcalf Katrin Nyman

2017-12-01

Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts

NARCIS (Netherlands)

Holvast, N.L.

2014-01-01

Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an

CURRENT HIGHLIGHTS OF THE PSIHOSOCIOPROFESIONAL PROFILE OF THE TOP MANAGER IN THE ROMANIAN JUDICIARY

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MUSCALU EMANOIL

2015-04-01

Full Text Available Judicial managers, as a particular category of public managers, have the challenging mission of leading the courts using successful methods and techniques used by the private sector, and in the same time strictly respect the limitations and requirements imposed by law and as well they have to take into account the judicial organization’s characteristics and the special status of the magistrates who activate in this system. In this context, outlining the successful manager’s profile in field of justice gets special valences and requires a multiple perspective approach. Clearly, the quality in the judicial organizations is decisively linked to the way managers use their own skills, knowledge, conducts and attitudes in order to create an appropriate organizational environment for professional development and complete involvement of staff. Moreover, they must assume the role of a leader and provide the positive personal example to motivate and inspire the subordinates.

Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

International Nuclear Information System (INIS)

Sellner, D.

1980-01-01

The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH) [de

44 CFR 5.8 - Records involved in litigation or other judicial process.

Science.gov (United States)

2010-10-01

... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...

40 CFR 123.30 - Judicial review of approval or denial of permits.

Science.gov (United States)

2010-07-01

... permitting process. A State will meet this standard if State law allows an opportunity for judicial review... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Judicial review of approval or denial... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of...

Civil rights reference of administrative procedures

International Nuclear Information System (INIS)

Held, J.

1984-01-01

The book deals with the constitutional obligations which substantive civil rights demand from administrative procedures. The Federal Constitutional Court distinguishes between protection of civil rights in, and by, administrative and judicial procedures. The author analyses the example of the decision of the Federal Constitutional Court concerning the atomic power plant of Muelheim-Kaerlich. In the licensing procedure pursuant to the Atomic Energy Act, the civil rights of persons concerned are guaranteed by the governmental obligation to its protection. (CW) [de

Public Politics of Health and Aspects of its Judicialization

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Rafael Fernando dos Santos

2015-12-01

Full Text Available This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed at to reduce the risk of disease and other becomes, ensuring also the universal and equal access to actions and services for its promotion, protection and recovery. With this approach it is intended to analyze the feasibility and consequences of judicial control of social and economic policies of promotion, protection and recovery, access, anyway, the effective flow to the fundamental right. Relating to the methodological aspects employed in the analysis of the issue concerning to the health, it was searched in the interpretation of constitutional provisions that secure the subjective right the starting point of the analysis as well as the unwavering appreciation of inseparability of judicial control in the context of public policy, assessing possible limits of the judicial branch, and then to realize a brief analysis of previous trial in the Supreme Court and extract from this jurisprudencial context the minimum goals for aspects of health judicialization.

16 CFR 5.68 - Judicial review.

Science.gov (United States)

2010-01-01

... CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review. A respondent against whom the Commission has issued an order imposing disciplinary action under this part may...

POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA

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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.

Russian Model Of The Administrative Justice

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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.

Factors Influencing the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

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Victor ALISTAR

2015-08-01

Full Text Available The main objective of this paper is to present a regional perspective regarding the independence of judiciary system, based on the magistrates’ perception. Taking into consideration that the independence of judiciary is a concept which has to be not only guaranteed by constitutional and statutory provisions, but mostly perceived as a functional reality, the present article analyses the factors which influence the capacity to act efficiently of the judicial structures in South East European countries. The article is presenting ones of explanation for low capacity to fight corruption in this region of Europe. The analyse is built on a sociological survey conducted in nine countries from the standpoint of the hierarchical relationships and of the guarantees of operational and professional independence, legislative framework, resources as well as the relationship between justice and the society. The data used in this articles provided by the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on questionnaires sent out to judges and prosecutors and emphasis cultural, managerial and functional aspects of judicial system, exposed by magistrates themself.

Regulatory analysis on the medical use of ephedrine-related products in Taiwan

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Wan-Nan Yu

2018-04-01

Full Text Available To prevent ephedrine-related products from being misused to produce amphetamine and/or its analogs, there's a need for more effective and achievable regulatory mechanisms for the health, police, investigational, prosecution and judiciary authorities in Taiwan. This review was conducted to evaluate the international and Taiwan's regulatory policies and management of medical ephedrine-related products through the corresponding information collected from international and Taiwan government agency authorities. The combat of illegal drugs should involve both supply and demand sides to be successful. Health authorities in Taiwan do not have the investigational power to manage the forbidden transformation, abusing and manufacture of the illegal drugs from ephedrine-related products. Take the judicial interventions in the United States and in Japan as the examples, the organizational cooperation in Taiwan can be one of the main key strategies to combat against illegal drugs from ephedrine-related products. It is necessary to integrate the judicial, police and health agencies to prevent the production of illegal drugs from the ephedrine-related products in Taiwan. The efforts and regulatory control measures should be integrated to speed up the collaboration between different government authorities. It might be achieved through reorganization involving Taiwan Food and Drug Administration. Keywords: Ephedrine-related products, Taiwan Food and Drug Administration (TFDA, Controlled Drugs Act, Pharmaceutical Affairs Act, Pharmacists Act

Semantic Storyboard of Judicial Debates: A Novel Multimedia Summarization Environment

Science.gov (United States)

Fersini, E.; Sartori, F.

2012-01-01

Purpose: The need of tools for content analysis, information extraction and retrieval of multimedia objects in their native form is strongly emphasized into the judicial domain: digital videos represent a fundamental informative source of events occurring during judicial proceedings that should be stored, organized and retrieved in short time and…

Algumas reflexões sobre produção da categoria de gênero em contextos como o movimento feminista e o poder judiciário Some reflections on the production of the gender category in contexts such as the feminist movement and the judiciary

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Karla Galvão Adrião

2006-01-01

Full Text Available Pensando na discussão instaurada com a modernidade (em distintos contextos sociais, sobre a constituição dos sujeitos de direitos humanos universais, o presente trabalho buscará refletir sobre o indivíduo em sua interface com a busca de "cidadania" e do "acesso à justiça". Para tanto, analisaremos três casos concretos: duas conferências de Políticas para Mulheres, tidas aqui como rituais do movimento feminista no Brasil. Ambas dizem respeito à relação entre políticas para mulheres em duas perspectivas não-excludentes; uma delas entre as próprias mulheres - lésbicas, heterossexuais, brancas, negras, deficientes - e suas tensões direcionadas ora aos direitos individuais, ora aos direitos coletivos, num momento de discussão por cotas. A outra conferência aborda a tensão entre sexo e gênero, entre diferença como sinônimo de desigualdade. O terceiro caso retrata um julgamento de guarda e responsabilidade voltado à não-concessão da maternidade a uma mulher homossexual, mas seu deferimento ao pai tido como biológico. Por fim, sugerimos pensar como, nos dois contextos rituais distintos (Judiciário e Movimento Feminista, a categoria de gênero é produzida e se produz atrelada ao binômio biológico "macho e fêmea".Concerning the discussion arisen by modern times (in different social contexts, about the constitution of universal human rights subjects, this paper aims to reflect upon the individual and his search for "citizenship" and "access to justice". Three cases will be analyzed: two conferences on Women"s Politics, important in the Brazilian feminist movement. Both concern the relation among women"s politics within two non exclusive perspectives: one among women themselves - lesbians, heterosexual, white, black. handicapped - and their tensions related either to individual rights or to collective rights, in a time when quotas are being discussed. The other conference approaches the tension between sex and gender

10 CFR 207.8 - Judicial actions.

Science.gov (United States)

2010-01-01

... Coordination Act of 1974 § 207.8 Judicial actions. (a) Enforcement of subpoenas; contempt. Any United States... such an order of the court may be punished by the court as contempt. (b) Injunctions. Whenever it...

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

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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.

Politică versus Justiție sau o scurtă istorie a reformei magistraturii (Politics versus Justice or a short history of magistracy’s reform

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Cristi DANILEȚ

2014-05-01

Full Text Available In a democratic society, the state is organized according to the classic principle of separation of powers. These powers are separated, but they should work together. To strengthen the rule of law in Romania, justice reform was essential. And in the sectors of justice, the judiciary was and it is the most important. Reform was made, under pressure from the EU, by the romanian authorities, in collaboration: essential laws were created, it was created the Judicial Council as a self-governing authority, young magistrates were recruited in the system, were replaced the old codes, the judicial procedures become more efficient and the system become more transparent. The experience that i have as a judge for more than 15 years, my involvement in legislative changes as ministerial advisor and my activity as a Judicial Council`s member for 3 years, entitles me to say that justice has become effective after 10 years of reforms. Among the judges, a culture of independence it was ceated. People who were above the law, reached now behind the bars. Ordinary citizens began to believe in justice. But politicians and businessmen have begun to fear the justice, reason for politicians to try to reduce the independence of justice, changing back the laws, or attacking in their speeches the magistrates. It remains to be shown whether the creation of an independent judiciary was made only for EU or romanian society has become mature so as the reforms to be irreversible.

THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS

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Gheorghe BOCSAN

2018-05-01

Full Text Available EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty, which rejects the limits represented before by internal borders. So, the essential EU integrative concepts could be formulated as free circulation principles or instruments aiming to such freedoms. The free movement of judgments and judicial decisions represents concomitantly the consequence and the expression formulated through freedom of circulation, which is specific to EU law, of the principle of mutual recognition of judgments and judicial decisions between member states in both civil and criminal matters. This principle is based upon the mutual trust that member states owes to each other. Finally, the study analyses the principle of mutual recognition in EU law as a transplant from the internal market in the judicial cooperation in criminal matters, which produces numerous application instruments, among them the first and most productive is the European Arrest Warrant. This paper studies also the common standard and paradigm that all instruments based upon the free movement of judgments and judicial decision have, amongst others: the warrant/order typology, direct communication between the competent authorities of Member States, elimination of the recognition procedure, the express mentioning of the mandatory and optional grounds of refusal, the partial removal of double criminality requirement etc.

Eye on the Judicial Process.

Science.gov (United States)

Shea, Christopher

1994-01-01

A growing number of college students report that campus judicial systems are more concerned with political correctness than with fairness, or that the systems are unfair regardless of the discipline issue, and complain about the secrecy of proceedings. Shift from a paternalistic discipline policy to a legalistic one is seen. (MSE)

“Deference” in Judicial Review

African Journals Online (AJOL)

MJM Venter

The Constitutional Court subscribes to a standard of "deference" in judicial review.1. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. The principle recognises the need to protect the institutional character of each of the three arms of ...

28 CFR 68.28 - Authority of Administrative Law Judge.

Science.gov (United States)

2010-07-01

....28 Section 68.28 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND... UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.28... so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or...

78 FR 29318 - Notice of Public Meeting of the Assembly of the Administrative Conference of the United States

Science.gov (United States)

2013-05-20

... United States makes recommendations to administrative agencies, the President, Congress, and the Judicial... improve the adjudication process for Social Security disability claims at the administrative law judge... benefit-cost analyses that accompany proposed and final rules. Science in the Administrative Process. This...

9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

Science.gov (United States)

2010-01-01

... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Procedure for judicial seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.216 Procedure for judicial seizure, condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under this...

O Direito à Saúde e o Papel do Judiciário para a Sua Efetividade no Brasil

Directory of Open Access Journals (Sweden)

Darcísio Corrêa

2004-01-01

Full Text Available Considering the evolution of the citizenship rights in the world and in Brazil, it has been triedto concieve the right to the health as a fundamental, constitutional right, linked in a wider wayto the access to justice. It is the access to justice not only as indispensable access to thetribunals, but as access to a just society. It is defended that the active conquest of theeffectiveness of the fundamental rights on the part of the citizens can be given, although italso depends on other factors, starting from the active role of the Judiciary Power, as part ofa democratic-participative State. Taking these facts into account, it is believed to be necessarythe implementation of changes in the Judiciary Power and of fittings in the processual right,adapting it to the new social conquests, turning it more democratic, participative and coherentwith the materialization of the substantial right.

STEP TO CIVIL SOCIETY (ON HISTORICAL ROLE OF JUDICIAL REFORM OF 1864

Directory of Open Access Journals (Sweden)

Анна Дмитриевна Попова

2014-12-01

Full Text Available The article deals with the importance of the judicial reform of 1864 for the course of Alexander's modernization and analyzes the role of the judicial reforms for various aspects of life in the post-reform Russia. There is used a wide range of sources - archival materials, memoirs of contemporaries of that period, publications of periodicals. The author concludes that the judicial reform of 1864 should be considered as a significant step towards civil society. The analysis of the sources shows that the judicial reform of 1864 contributed to the increase in the protection of human rights and freedoms. The activities of new courts changed the public consciousness - in the society there was growing representation of rule of law, necessity to respect the rights and freedoms of others, to meet obligations. The judicial reform played a major role in the process of merging classes, the development of market relations. Thus, the introduction of the controversial independent public trial not only improved the justice, but was also an important step in the formation of civil society in Russia.

Uma Necessária Limitação ao Atual Conceito de Discricionariedade Administrativa: Fundamentos da Teoria da Discricionariedade Mínima

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Julio Cesar de Sá da Rocha

2011-12-01

Full Text Available This writing reflects the necessityto limit the administrative discretionarity.This article preaches the precepts of the MinimumDiscretionarity Theory. Also brings thenewest theory of separation of powers, framingthe politic judicialization as a necessaryprocess to the attainment of fundamental directs.So, this script concludes that, not beingadopted the more profitable decision, the Efficiencyand Legality Principles will be injured,even as the Fundamental Rights to Good Administration,having the Judiciary authorizationto control the emanated administrativeact. In conclusion, the article deals with theTheory of the Minimum Discretionarity in environmentallaw.O presente escrito realiza uma reflexão sobre a necessidade de limitação da discricionariedade administrativa, visto que não é aceitável a manutenção de ato administrativo que viole o princípio da eficiência e, dessa forma, o princípio da legalidade em sentido material. O artigo prega os preceitos da Teoria da Discricionariedade Mínima, segundo o qual apenas fugiria à apreciação do Judiciário os atos emanados em situações onde não é possível distinguir uma "melhor solução". Traz também a mais nova teoria de separação dos poderes, enquadrando a judicialização da política como processo necessário à consecução dos direitos fundamentais. Desse modo, o presente trabalho conclui que, não sendo adotada a decisão mais proveitosa, restariam feridos os Princípios da Eficiência e da Legalidade, estando o Judiciário autorizado a realizar o controle do ato administrativo emanado.

Judges as Fiscal Activists: Can Constitutional Review Shape Public Finance?

Directory of Open Access Journals (Sweden)

Kantorowicz Jarosław

2014-07-01

Full Text Available The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this research gap. A judicial (constitutional review constitutes the central element of the current analysis since it is considered as a key institutional device through which Constitutional (Supreme Courts intervene in politics, including public finance. Specifically, this paper seeks to investigate empirically whether there is any systematic pattern according to which judges executing judicial review shape fiscal outcomes. The conceptual framework is based on the strategic interaction model and the assumption that the Constitutional Courts reflect public opinion (i.e. the Court as a majoritarian institution. Some preliminary results for a panel of 24 EU countries in the period 1995–2005 suggest that a strong judicial review correlates with a smaller size of government, measured as government income to GDP.

The relationship between administrative court control and legislative control

International Nuclear Information System (INIS)

Beckmann, M.

1986-01-01

The legislator can determine the extent of control of administrative courts by reduction of substantive conditions. The author has the opinion that the judicial control cannot be stricter than the legislative control. For the range of the control of administrative courts is decisive, to what extent the legislator is forced to proper legislative settlements. In this context the author discusses the Kalkar-decision of the Federal Constitutional Court of 1978. (CW) [de

FEDERAL PENSIONS: Judicial Survivors Annuities System Costs

National Research Council Canada - National Science Library

2002-01-01

...) specifying that we review certain aspects of the Judicial Survivors' Annuities System (JSAS), which is one of several survivor benefit plans applicable to particular groups of federal employees...

The Indispensable Reform and the Judiciary as Corollaries Access to Justice

Directory of Open Access Journals (Sweden)

Benedito Cerezzo Pereira Filho

2016-05-01

Full Text Available Access to justice does not limit itself to the sole faculty of adjudicating or contesting a given action. This rather simple notion has left juridical and jurisdictional theory and practice a while ago. In order for the magnitude of this institute be achieved, it is neces- sary to analyze Right and judicial power, taking into consideration the historical contin- gency, the juridical-evaluative changes and, therefore, the very notion of jurisdiction. The understanding of rights and wrongs of the past is obligatory to understanding the present and projecting oneself into the future. This connection between today and tomorrow shall illuminate the true reach of the access to justice. On the other hand, working the new, held tight against the walls of the past, is denying or, at least, blurring the unders- tanding that is desired as answer to social demand taken to accountability in a judicial decision. It is, hence, essential to transcend times without falling in the trap of discussing once more the theories of the past. It does not mean denying them, but respecting their content, while considering the historical contingency to which they were submitted to. The notion of access to justice, then, should be attached to the theories of its own time, separated from those of  long gone periods. It is denying access to justice when one does not allow a theory in which one can understand the ‘action’ as a fundamental right and deserving of the utmost protection by the State because it truly and effectively guards certain rights. In this point, the performance of the judge is of vital importance for the civil procedure to fulfill its constitutional function of delivering to the claimants an ade- quate, timely and effective judicial protection. That is why the vision and the concept of jurisdiction are equally relevant.

Judicial protection of pension rights: problems of theory and practice

Directory of Open Access Journals (Sweden)

Marina G. Sedelnikova

2018-01-01

and procedural legal order in pension legislation is proved. Such features include the retrospective of the pension legislation, the resolution of pension disputes in both administrative and judicial procedures, the inability to use the mediation procedures and settlement agreement, the specifics of the subject of the relevant dispute, a large number of exemptions from payment of state fees, and special requirements for the content of the operative part of the judgment.

Constituições Programáticas, Funções Estatais, Políticas Públicas e a (Incompetência do Judiciário / Programmatic Constitutions, Separation of Powers, Public Policies and the Judiciary’s Constitutional (Incompetence

Directory of Open Access Journals (Sweden)

Frederico Augusto d’Avila Riani

2013-07-01

Full Text Available A partir da compreensão da relevância das determinações constitucionais de tarefas ao Estado, vê-se imprescindível a formulação de políticas públicas para a satisfação constitucional. Políticas públicas, apesar de seu controvertido sentido, são compreendidas, neste artigo, como um processo que expressa relações de poder e visa à resolução de problemas ou conflitos relacionados ao interesse público. Dentro da classificação de funções estatais proposta, a qual busca amparo na Constituição, fica descaracterizada a função jurisdicional como apta à formulação e implementação de políticas públicas. No entanto, não se retira do Judiciário o seu dever de decidir sobre violação de direitos subjetivos, os quais deveriam ser satisfeitos por políticas públicas.From understanding the relevance of constitutional determinations of tasks to the State, it is essential to formulate public policies to satisfy the Constitution. Public policies, despite their controversial sense, are understood in this paper as a process that expresses power relations and intends to resolve problems or conflicts related to the public interest. Within the proposedclassification of state functions, which seeks support in the Constitution, the judicial function is uncharacterizes as able to designing and implement public policies. However, the Judiciary duty of deciding on subjective rights violation is not taken off, because these rights shold be attended by public policies.

30 CFR 775.13 - Judicial review.

Science.gov (United States)

2010-07-01

... Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS... to judicial review by a court of competent jurisdiction, as provided for in the State program, but...

Judicial Review on Administrative Action: Reflection on the Bank Century Bailout Policy

Directory of Open Access Journals (Sweden)

Lily Evelina Sitorus

2016-04-01

Full Text Available Accountability is the key to good governance. In the global administrative law, every policy made should be accountable. The given law should be accessible for public. When global financial crisis happened, many countries didn't have the necessary rules to solve the problem arised. In Indonesia, the decision from government to bailout century bank is controversial as of right now. The need of comprehensive law in related to economic, political and social factor should be considered. The law of Administrative Governance of Indonesia (UU No 30/2014 had provided the code of conduct for government action. The placement of discretion in one whole chapter can be seen in two ways side-the restriction of government action and protection for public rights. In practice, the implementation of such rule is not accessible as the formulation intended. Harmonization with the law of Administrative Courts in Indonesia (UU No 5/1986 jo UU No 9/2004 jo UU 51/2009 is still needed.

Judicial Functions in the Criminal Trial

Directory of Open Access Journals (Sweden)

Constantin Tănase

2014-05-01

Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.

20 CFR 667.830 - When will the Administrative Law Judge issue a decision?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false When will the Administrative Law Judge issue... Adjudication and Judicial Review § 667.830 When will the Administrative Law Judge issue a decision? (a) The ALJ... ARB must be decided within 180 days of acceptance. If not so decided, the decision of the ALJ...

5 CFR 1201.127 - Judicial review.

Science.gov (United States)

2010-01-01

... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...

Democracia e controle jurídico da constitucionalidade Democracy and judicial review

Directory of Open Access Journals (Sweden)

Samuel Freeman

1994-04-01

Full Text Available O artigo enfrenta a objeção à "revisão judicial" (isto é a autoridade judicial para julgar a constitucionalidade dos atos dos poderes da República que a considera uma instituição antidemocrática. A revisão judicial pode ser democraticamente justificada. Para isso teremos que pensá-la como um compromisso coletivo prévio assumido pelos cidadãos na situação de escolha constitucional, no sentido de que não exercerão seus direitos políticos iguais de formas que coloquem em risco sua própria condição de portadores dos direitos da cidadania igual.Objections to the institution of judicial review as being incompatible with democracy are examined and refuted. Judicial review can be democratically justified, it is argued. This is possible if we conceive it as a previous collective compromise assumed by the citizens in the constitutional choice situation, to the effect that they would not exercise their equal political rights in ways that could put in danger their own condition of bearers of equal citizenship rights.

ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM

Directory of Open Access Journals (Sweden)

H. Flavier

2016-01-01

Full Text Available The administrative justice in France oscillates between classicism and singularity. Multiple factors explain how administrative justice has come to occupy a particular place in French administrative law. Administrative justice has not only settled disputes between administration and private persons, but as well, built the French administrative law. One of the main tasks during 19th and 20th century consisted in strengthen the independence from the executive branch and the efficiency in order to satisfy the idea of good justice. Many reforms have been led since the 1990’s. That is why we propose to depict the French system and evaluate the activity of French administrative justice concerning the judicial organization, its jurisdiction and the remedies before the administrative judge. We will enlighten also our paper with a comparative approach and some statistical elements.

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.

Judicial Perceptions of Media Portrayals of Offenders with High Functioning Autistic Spectrum Disorders

OpenAIRE

Berryessa, Colleen M.

2014-01-01

In recent years, sensational media reporting focusing on crimes committed by those diagnosed with or thought to have High Functioning Autistic Spectrum Disorders (hfASDs) has caused societal speculation that there is a link between the disorder and violent criminality. No research exists on how and if the judiciary understands and is affected by this coverage. Therefore this study aims to examine how judges perceive and are influenced by media attention surrounding hfASDs and criminality. Sem...

The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.

Science.gov (United States)

Blanco, Luisa

2016-01-01

This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) collected in 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe.

37 CFR 251.58 - Judicial review.

Science.gov (United States)

2010-07-01

... determination on appeal, from depositing statements of account and royalty fees by those sections. [59 FR 23981... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of determination...

A Emenda Constitucional 45 e a questão do acesso à justiça The Constitutional Amendment 45 and the acess to the justice

Directory of Open Access Journals (Sweden)

Ludmila Ribeiro

2008-12-01

Full Text Available A proposta deste artigo é discutir em que medida a Emenda Constitucional 45 pode (ou não alterar o cenário atual de acesso à justiça através da alteração de algumas normas relativas ao funcionamento do judiciário brasileiro. Este estudo se insere na seara denominada "direito e segurança jurídica" na medida em que pretende verificar de que forma alterações legais podem o escopo e o tipo de acesso que a população possui ao judiciário. Para tanto, além de uma revisão sobre o processo de constituição e reforma do sistema judiciário brasileiro, sobre os pressupostos teóricos da questão do acesso à justiça, este artigo revisou outras pesquisas nacionais sobre cada um dos temas escolhidos para esta abordagem no âmbito dessa emenda. As conclusões apontam para o fato de que várias das mudanças previstas pela EC/45 poderiam ser materializadas pelo simples cumprimento da legislação extraordinária já existente. Nesse sentido, a grande alteração instituída pela Emenda 45 foi a constituição do Conselho Nacional de Justiça como órgão destinado a avaliar o trabalho das cortes estaduais de justiça.This article analysis the 45th Amendment to the Brazilian Constitution, focusing on the possibilities that this rule has in enlarge the access to the justice in this country. This study is related to the area "right and legal security" because it is going to verify if this lawful alteration is able to improve the access that the people has to the Brazilian judiciary. Therefore, beyond a revision about the Constitution and reforms of the Brazilian Judicial System and the theoretical framework related to the access to the justice, this article overhauled other researches about the routine and organizational structure of the judiciary state courts. The results aim that, despite the 45th Constitutional Amendment intends to changes the judiciary system as a role; some of its disposition those could be done through the fulfillment of

سمات النظام القضائي الأمريكي ومبررات تشكيل المحكمة العليا عام 1789 U.S.A judicial system attributes and justification for the formation of the Supreme Court of 1789

Directory of Open Access Journals (Sweden)

Aasim Hakim Abbas Al-Jubouri عاصم حاكم عباس الجبوري

2017-01-01

Full Text Available Dealt with a lot of research and academic studies, some important joints of the history of the United States, social, economic, political and even judicial especially after independence in 1783 and stayed another ill-considered, such as, the American judicial system attributes and justifications for the formation of the Supreme Court, so we chose the theme (The judicial system attributes American and justification for the formation of the Supreme Court. That specify search features American judicial system and the rationale for the formation of the Supreme Court address and confined to an important part, has more than one meaning, including that these features have not been studied and show the extent of their impact on the overall US justice system and the role played by those features make the US justice system is unique from other other judicial systems, as well as so that the formation of the US Supreme Court, and that court has played the future of the US justice system, as it paved the way for him is set in center stage globally later. The Study was divided into two sections, taking the first section (the American judicial system attributes as was the highlight of the US judicial system attributes starting and ending with the previous judicial system of the jury system through the federal system of the United States, and the duplication of the court system in the United States, as tracing the historical roots of the evolution of the system juryAnd the mechanism of transition the American colonies with reference to the neglect of the Federal the Constitution Juryas well as a highlight in a briefly to federal system is United States, and duplication of court system in the United States and the Search section previous system of judicial, and what caused this system of significant impact on the American justiceAnd studied the second topic (formation of Supreme Court and their mechanism of action, and the Department of topic on several axes, as

'Adventurous' judgments A comparative exploration into human rights as a moral-political force in judicial law development

NARCIS (Netherlands)

Gaay Fortman, B. de

2006-01-01

This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, is not the creation of law by the courts as such, but rather the ways and means in which the human

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Science.gov (United States)

2010-07-01

... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...

PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS

OpenAIRE

Biehl,João

2016-01-01

Abstract Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic ...

Energy policy formulation and energy administration in South Africa

International Nuclear Information System (INIS)

Du Plessis, S.J.P.

1983-01-01

The evolvement of the governmental energy administrative mechanisms is discussed. Energy policy formulation and the role of the Department of Mineral and Energy Affairs in this regard are outlined. The energy administrative process, with reference to various energy carriers and specific spheres of the South African energy economy is discussed. It is indicated that close co-operation between the public and private energy sectors should result in mutual understanding of each others' practical problems and objectives, and should contribute towards the process of judicious energy policy formulation and administration in the interests of the national well-being

Fitness in paradise: quality of forensic reports submitted to the Hawaii judiciary.

Science.gov (United States)

Robinson, Richard; Acklin, Marvin W

2010-01-01

This paper examined quality of forensic reports submitted to the Hawaii Judiciary. Hawaii utilizes a three panel system for assessing fitness to proceed, where two psychologists and one psychiatrist submit independent reports to the Court. Utilizing a survey instrument based on previous research and nationally-derived quality standards, 150 competency to stand trial (CST) reports were examined. Reports demonstrated pervasive mediocrity with respect to quality (Mean QC=68.95, SD=15.21). One quarter (N=38) of the reports scored at or above 80% of the maximum possible score. Levels of CST agreement between evaluators and evaluators and judges were high. Report quality did not differ as a function of evaluator professional identity. Full-time employed evaluators submitted a greater number of reports above the quality criterion. For those evaluators who attended the March training, reports demonstrated significantly improved quality. Suggestions for enhancing report quality are offered with a special attention to inclusion of report elements, focus on inclusion of historical elements, and clearly described rationales supporting forensic opinions. (7664 words. Competency to stand trial, inter-rater agreement).

URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

Directory of Open Access Journals (Sweden)

Aditya Wisnu Mulyadi

2015-07-01

Full Text Available The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)

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 6.57 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND... District Court in which the requestor resides or has his or her principal place of business or in which the...

The judicial process: an overview from the TDA Council on Ethics and Judicial Affairs.

Science.gov (United States)

Burk, Roy N

2011-08-01

From time to time, the Council on Ethics and Judicial Affairs must investigate and act on the alleged unethical behavior of Texas Dental Association members. Because the alleged behavior is directed at a colleague and TDA member, the work of the council is neither comfortable nor inviting. Nonetheless, council decisions are made taking into account its mission to investigate the allegation between the parties and to improve dental ethics in the state.

Judicial Review of Antitrust Decisions: Q&A

Directory of Open Access Journals (Sweden)

Roberto Giovagnoli

2015-07-01

Full Text Available The RIA/IAR asked several experts to give their opinion on the Italian system of judicial review of antitrust decisions and its compatibility with art. 6 of the ECHR following a set of common questions.

Fit-For-Purpose Land Administration

DEFF Research Database (Denmark)

Enemark, Stig

2015-01-01

The term “Fit-For-Purpose Land Administration” indicates that the approach used for building land administration systems in less developed countries should be flexible and focused on serving the purpose of the systems (such as providing security of tenure and control of land use) rather than...... focusing on top-end technical solutions and high accuracy surveys. Of course, such flexibility allows for land administration systems to be incrementally improved over time. This paper unfolds the Fit-For-Purpose concept by analyzing the three core components: The spatial framework (large scale land parcel...... mapping) should be provided using affordable modern technologies such aerial imageries rather than field surveys. The legal framework must support both legal and social tenure, and the regulations must be designed along administrative rather than judicial lines. The fit-for-purpose approach must...

THE PRINCIPLE OF SEPARATION OF JUDICIAL FUNCTIONS

Directory of Open Access Journals (Sweden)

Denisa BARBU

2016-05-01

Full Text Available The fundamental principles of the criminal procedure are general rules applicable throughout the criminal procedure in order to achieve its purpose. The fundamental principles are covered by art. 2-12 C.C.P. and are: the legality of criminal procedure, separating the functions of the judiciary, the presumption of innocence, finding out the truth, ne bis in idem, a requirement for moving and exercising penal action, is fair and reasonable term of the criminal trial, the right to liberty and security, the right to defence, respect for human dignity and privacy, the official language and the right to an interpreter. The European Court of Human Rights is conscious that by protecting the fundamental principles it does not only aim at the protection of super eminence of the inextricably right tied to the state of law. These principles represent a set of obligations imposed on the State that has as the sole purpose the protection of fundamental rights and freedoms.

Will E-Justice still be Justice? Principles of a Fair Electronic Trial

Directory of Open Access Journals (Sweden)

Ronald van den Hoogen

2008-01-01

Full Text Available In the years to come, our Judiciary will change drastically as a result of the possibilities of information technology. Current legal procedure, which is still dominated by paper documents, human activities and written communication, will become increasingly digitized or supported by technical applications. As a result, the administration of justice will become faster, more efficient and more effective. As electronic litigation or E-Justice becomes a reality, there will be many changes. Citizens, companies, lawyers and other legal professionals involved in the judicial process will be able to bring their cases to the court via an Internet portal. Video conferencing, which is already available, will increasingly make it possible to hear witnesses, suspects and legal experts without having to bring them to the courtroom. Courts rulings will be signed, sent and published through the use of electronic signatures, XML and web services.

[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.

Judicialization of International Relations: Do International Courts Matter?

Czech Academy of Sciences Publication Activity Database

Malíř, Jan

2013-01-01

Roč. 3, č. 3 (2013), s. 208-224 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : judicialization * international relations * legal and extralegal factors Subject RIV: AG - Legal Sciences

Democracy and judicial activism: some considerations about causes and consequences

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Claudio Ladeira de Oliveira

2015-06-01

Full Text Available In this paper I discuss the conflicting relationship between the “judicial activism” and representative democratic procedures. First, I discuss some definitions that enhance aspects “normative/prescriptive” of “activists” judicial positions and the functioning of “real existing” democratic institutions. Second, we discuss patterns of arguments that are used by courts to decide politically controversial issues as well as political and institutional factors that stimulate the occurrence of “activists” positions.

Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union

DEFF Research Database (Denmark)

Butler, Graham

2018-01-01

incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available...... for how ex ante judicial review can work in developing the Union into an even more enhanced global actor, through its own unique judicial order....

Constitutional provisions on judicial independence and EU standards

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Kolaković-Bojović Milica

2016-01-01

Full Text Available Implementation of the 'Checks and balances' principle as one of the milestones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpretation or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence prescribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements defined in the accession negotiation process with the EU, constitutional guaranties of (nonapplication of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.

Judiciary-Executive relations in Policy Making: the Case of Drug Distribution in the State of São Paulo

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Vanessa Elias Oliveira

2011-12-01

Full Text Available This paper aims to demonstrate how the responses of public health officials to judicial decisions have shaped drug distribution policies in the state of São Paulo. Data was collected and structured interviews were conducted at the state of São Paulo Department for Health in order to show how different strategies of response to judicial decisions affected the policy of medication distribution by the public sector. We also analysed recent Supreme Federal Court jurisprudence to show how the Court reformed its earlier views on the subject as a result of the demands made by public health officials. It is our understanding that the current literature has failed to produce a more comprehensive view of this phenomenon because of its focus solely on judicial decisions, without taking a step further to analyse how public health officials reacted to them, which would have addressed the compliance problem inherent to positive rights enforcement. Finally, we see this process not as merely positive or negative, but as one that goes beyond the different normative biases present in the literature on the subject, and focus on the mechanisms behind the impact of the judicialization of the right to healthcare on policies of medication distribution.

9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

Science.gov (United States)

2010-01-01

... judicial seizure and condemnation. 329.6 Section 329.6 Animals and Animal Products FOOD SAFETY AND... PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.6 Articles or livestock subject to judicial seizure and condemnation. Any carcass...

Right Judicialization to Health and key Taken by CNJ Measures for Settlement

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Thiago Allisson Cardoso De Jesus

2016-10-01

Full Text Available Conducts a study on the legalization of health. At the scope and complexity surrounding the issue, the central focus of the research is to investigate the main measures taken by the CNJ to resolve it. To accomplish this task, the right to health as a fundamental social right. Soon after, looking at its effectiveness in the Brazilian legal system and highlights the judiciary's role on the issue. For that, analyze the main measures taken by the CNJ, considering the recommendations and resolutions issued. To do so, used the deductive method of approach, through the techniques of documentary and bibliographical research.

Judicial Decisions in the Field of Labour Law.

Science.gov (United States)

International Labour Review, 1993

1993-01-01

Summarizes recent judicial decisions in various countries concerning application of general legal principles to labor law, access to employment, conditions of employment, occupational safety and health, social security, and labor relations. (Author/SK)

A GUI Prototype for the Framework of Criminal Judicial Reasoning System

OpenAIRE

Thammaboosadee, Sotarat; Silparcha, Udom

2009-01-01

This paper proposed a developed graphical user interface (GUI) prototype, whichis supported by the framework of data mining techniques-based criminal judicial reasoning system.The GUI sequences of the prototype are satisfied with criminal judicial procedure in civil lawsystem. Initially, user must build the model by input the existing incident and specifying the detail ofobjects, elements of crime, charge and judgment. After enough training, the prototype will be readyto determine judgments f...

Kewenangan Judicial Review Mahkamah Konstitusi

OpenAIRE

Qamar, Nurul

2012-01-01

The Doctrine of Judicial Review as a legal order to perform the reviewand or re-testing of the laws and regulations within the meaning of the WetGrondwet (testing constitutionalism), the constitution or the constitution bythe Constitutional Court even though relatively new in the state system, buthas grown and developed rapidly both in countries of the Common Law Systemas well as adherents of the countries adherents Civil Law System, even in countries adherents Law Mixed System that claims hi...

The World Bank Inspection Panel and Quasi-Judicial Oversight: In Search of the 'Judicial Spirit' in Public International Law

NARCIS (Netherlands)

A. Naudé Fourie (Andria)

2009-01-01

textabstractThis PhD dissertation conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank – which is conceived as an international institution exercising public power. The author

Derechos sociales y activismo judicial: la dimensión fáctica del activismo judicial en derechos sociales en Colombia

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Maria Paula Saffon

2011-05-01

Full Text Available Desde su creación en 1991, la Corte Constitucional colombiana (en adelante, CCC ha sido uno de los principales protagonistas de la vida política e institucional del país. Su vigorosa intervención en varios asuntos económicos, políticos y sociales ha promovido cambios importantes en el balance institucional de poder, así como en la vida de minorías y grupos sociales tradicionalmente excluidos. Este activismo judicial progresista ha propiciado una gran cantidad de debates académicos y políticos: si bien ha tenido defensores entre algunos académicos, miembros de movimientos sociales, e incluso varios actores políticos y miembros de la rama judicial, también ha tenido muchos críticos entre esos y otros sectores más poderosos.

Reflection on the Judicial Activism or Constructivism: In Perspective of Being an Instrument of Cooperation in Judicial Facing Issues of Social Security and Labor

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Antonio Gomes de Vasconcelos

2016-10-01

Full Text Available The article proposes a present thinking as the possibility of reaching solutions to some social security and labor issues in democratic rule of law using judicial cooperation in the search for effective social law of social security. The current legal constructivism, also called judicial activism in its manifestation of legal instrument to weigh yourself to get and verify the approach of social dialogue for more proactive attitude of the court, in which the actors involved in the conflict are called to have a more active participation on problem situations, requiring them more than mere legal interpretation in philosophical hermeneutics.

THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS

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ADRIANA ELENA BELU

2012-05-01

Full Text Available The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.

The judicial reception of competition soft law in the Netherlands and the UK

NARCIS (Netherlands)

Georgieva, Zlatina

2016-01-01

The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. A comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial attitudes to soft law

The judicial reception of competition soft law in the Netherlands and the UK

NARCIS (Netherlands)

Georgieva, Zlatina

2015-01-01

The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial

42 CFR 457.203 - Administrative and judicial review of action on State plan material.

Science.gov (United States)

2010-10-01

... determines that his or her original decision was incorrect, CMS will pay the State a lump sum equal to any... with the Administrator's action on State plan material under § 457.150 may, within 60 days after... of hearing. Within 30 days after receipt of the request, the Administrator notifies the State of the...

Main aspects of the planned reform of the Act on the Peaceful Uses of Atomic Energy and Protection against its Hazards (Atomic Energy Act)

International Nuclear Information System (INIS)

Lukes, R.

1991-01-01

There is no specific reason for planning a reform of the atomic energy law just now; the main idea is to keep the atomic energy law abreast with the developments made in the regime of protective laws pertaining to the sector of science and technology. A further aspect not to be neglected, however, is the nuclear power phase-out currently under debate, and a decision against the abandonment of nuclear power should be taken as an occasion to think about a nuclear law reform. The judiciary has been contributing to the development of nuclear law in the last years, and the decisions of the Federal Constitutional Court and of the Federal Administrative Court have not only set the corner flags for the future development of the nuclear law, but have given concrete shape by final settlement of cases of divergence of judicial decisions, to the protective intents of the law and to the subject-related purposes. Thus the judiciary has been taking into account the idea prevailing today, namely that the scope of duties of the Federal Government certainly includes the task of protecting the citizens against the hazards of technology in general, and of novel technologies in particular, and the task of avoiding hazards. So the main line of orientation to be pursued is to draw level with protective regulations established in other fields of law, and to make the Atomic Energy Act a modern instrument of protection by the law. (orig./HSCH) [de

The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?

NARCIS (Netherlands)

Prechal, A.

2015-01-01

Since the coming into force of the Charter as primary law of the EU, Article 47 CFR is ‘the reference standard’ when the Court deals with issues of ffective judicial protection. However, the general principle of effective judicial protection existed already for some 25 years, developed in the case

Juizados Especiais e Ativismo Judicial à Luz de Luis Alberto Warat

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Zenildo Bodnar

2012-07-01

Full Text Available This article addresses, in a punctual way, some reflections on the judicial activism in the Special Courts camp. It seeks to evaluate the existence of a place for the conciliator in the stir that permeates the procedural and substantial models of legal proceedings. For this, as theoretical references, the postulates of Luis Alberto Warat are used, in order to overcome such dyad in favor of an effective judicial protection, without following the ways of the Free Movement of Law and Instrumentality of Process. For the development of this research, it has been used the inductive method, operated by the operational concepts and techniques of literature.Resumo: O presente artigo aborda de forma pontual algumas reflexões sobre o ativismo judicial na seara dos Juizados Especiais. Procura-se avaliar a existência de um lugar para o conciliador na celeuma que permeia os modelos procedimentalistas e substancialistas de processo jurisdicional. Para tanto, como referencial teórico utiliza-se os postulados de Luis Alberto Warat no intuito de superar a referida díade em favor de uma tutela judicial efetiva, sem que se trilhe os caminhos do Movimento do Direito Livre e da Instrumentalidade do Processo. Utilizou-se, para o desenvolvimento desta pesquisa, o método indutivo, operacionalizado pelas técnicas de conceitos operacionais e da pesquisa bibliográfica.

Evaluating Judicial Performance and Addressing Gender Bias

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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

41 CFR 128-1.8010 - Judicial review.

Science.gov (United States)

2010-07-01

... procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 128-1... Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8010...

16 CFR 1502.11 - Judicial review after waiver of hearing on a regulation.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Judicial review after waiver of hearing on a regulation. 1502.11 Section 1502.11 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS... petition for judicial review in a U.S. court of appeals under the appropriate statute. (1) The record for...

A REPRESENTAÇÃO DISCURSIVA DA VÍTIMA E DO RÉU NO GÊNERO SENTENÇA JUDICIAL / Discursive representation of the victim and defendant in the genre judiciary

Directory of Open Access Journals (Sweden)

Alba Valéria Saboia Teixeira Lopes

2016-05-01

Full Text Available RESUMO Esta comunicação apresenta resultados de uma pesquisa de mestrado, em que analisamos como a representação discursiva da vítima e do réu é construída no gênero sentença judicial. Assim, objetivamos analisar como os sujeitos são representados discursivamente no texto jurídico a partir de pontos de vista de enunciadores distintos e como os elementos referenciais colaboram no processo de construção dessas imagens, que são ativadas e compartilhadas entre enunciador e coenunciadores. O trabalho insere-se no âmbito teórico geral da linguística textual e, mais especificamente, na análise textual dos discursos (ATD, com base em Adam (2011. O trabalho é orientado pelos estudos de Rodrigues et al. (2010, 2014, Passeggi (2010, 2001, Capez (2012 e outros. É uma pesquisa documental, com caráter qualitativo, descritivo, explicativo e interpretativo. Para a análise, selecionamos uma sentença do TJSP, com a temática da violência contra a mulher. Os resultados indicaram que a construção da representação discursiva dos sujeitos é complexa e depende das escolhas feitas pelo enunciador, de suas intenções, seus objetivos, podendo aproximar-se ou distanciar-se, de acordo com a orientação argumentativa do texto. Palavras-chave: Análise textual dos discursos; representação discursiva; gênero sentença judicial ABSTRACT This paper presents results of a master degree research, in which we analyze how discursive representation of victim and defendant is built in court judgment genre. Thus, we aimed to assess how involved individuals are discursively represented in legal text from views of different enunciators and how referential elements collaborate in construction of these images, which are activated and shared between enunciator and co-enunciators. This work is part of general theoretical framework of text linguistics and, more specifically, of textual discourse analysis (ATD, based on Adam ([2008] 2011, being guided by

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

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

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. 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. 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. 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.

A harpoon for Greenpeace?: judicial review of the regulation of radioactive substances

International Nuclear Information System (INIS)

Purdue, M.

1994-01-01

The judgement is reported on an application by Greenpeace Ltd for a judicial review of the decision by HMI of Pollution and the Ministry of Agriculture, Fisheries and Food to grant BNFL permission to test the new thermal oxide reprocessing plant. An analysis follows examining the issues relating to the process of judicial review in the UK and discussion of some of the substantive points raised by the litigation. (UK)

La Intervención Judicial en las Decisiones de la Junta General de Acreedores que Deliberan Sobre la Concesión de la Recuperación Judicial

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Cláudia de Lurdes da Silva Gonçalves

2015-12-01

Full Text Available La Ley 11.101/2005, que regula sobre la recuperación judicial, extrajudicial y falencia, de la manera como está escrita, nos lleva una lectura taxativa. En un primer momento nos lleva a creer que no habrá intervención del poder judicial sobre las decisiones tomadas por la Junta de Acreedores. Sin embargo, como veremos más adelante, la jurisprudencia se ha ocupado sobre la intervención del poder judicial de una manera diferente de lo que está previsto en ley. El propósito de este ensayo es tratar de comprender las razones que fundamentan las intervenciones y sus cualidades. Esta investigación se desarrolló a través del método de interpretación sistémica, teniendo en su base tanto el estudio de la propia ley, como también una análisis de la jurisprudencia.

Chastity and Sexual Honesty of Young Women from the Judicial Perspective

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Gustavo Fondevila

2008-07-01

Full Text Available In this article it is analyzed the way in which the judicial scope has outlined the acceptable sexual behavior of young women in the Mexican society. Since the beginning of the 20th century up to now, the constitutive elements of sexual crimes have served to construct a socially acceptable (moral ideal of sexuality for young people. In this sense, social judgments as much as, judicial decisions agree in defining this ideal under the form of chastity, sexual honesty and purity.

PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System

Directory of Open Access Journals (Sweden)

Ismail Rumadan

2014-11-01

Efforts  to  support  the  creation  of  an  independent  judiciary  as  a  constitutional  mandate  in  its development  has  held  several  changes  to  the  Judicial  Authority  Law,  the  last  change  is  the  Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the  criminal  justice  system.  This  concept  requires  that  the  law  enforcement  process  should  be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court. Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of  the  functions  of  the  judicial  authorities  even  add  complexity  implementation  of  judicial  power function  itself,  so that  the implementation  of  judicial  power  considered  not  able  t o  guarantee  legal certainty and justice for litigants.  This  paper is  limited  to  the  study  of  these  two  issues  in  order to reinforce  our  commitment  to  build  a  sound  administration  of  justice  and  independent  in  order  to provide  access  to  justice  for  all  people  and  a  healthy  justice  will  only  be  realized  in  a  reciprocal relationship between the environment and the environmental justice community

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

Directory of Open Access Journals (Sweden)

Volkmar Gessner

2011-02-01

Full Text Available Los datos empíricos de juzgados y sistemas judiciales se analizan con mucha frecuencia tanto en estudios comparativos, como en estudios económicos y sociológicos, sin embargo, los agentes implicados en proyectos de reformas judiciales como jueces, profesores de derecho, funcionarios o políticos no hacen un uso adecuado de los mismos. Este artículo sugiere que esto tiene un origen estructural, que asigna roles sociales diferentes a estos actores. Una solución puede ser la creación de centros de investigación especializados. Una aproximación más amplia, plural y democrática es buscar la transparencia en internet, dando acceso al público general a todo tipo de documentos, incluyendo estadísticas judiciales y estudios empíricos. Se han visitado y categorizado en función de su contenido gran número de páginas web de juzgados, para conocer el nivel de transparencia judicial. Las primeras posiciones en cuanto al nivel de transparencia lo han obtenido algunas páginas anglosajonas, que ofrecían información legal, económica, organizacional y empírica, y que además ofrecían ayuda para utilizar estos datos. Sin embargo, este esfuerzo no alcanza su objetivo si la información no se utiliza. Si se quiere medir el uso real de los contenidos de las páginas judiciales no es suficiente con contar su número de visitas, sino que es necesario conocer más sobre las motivaciones que generan esas visitas. Afortunadamente, se ha encontrado un sitio web (mexicano que ofrece información sobre los visitantes: sus preocupaciones, su “historia” e incluso sus nombres y (en ocasiones su lugar de residencia. Estas peticiones se han evaluado cuidadosamente, y se analizan en este artículo. Se ha descubierto que hay una gran demanda de información empírica sobre los juzgados y las prácticas judiciales. La transparencia en internet parece ser una solución, aunque todavía se deben explorar las mejores formas de ofrecer la información judicial

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

Ativismo judicial: nos limites entre racionalidade jurídica e decisão política Judicial activism: in the limits between legal rationality and political decision

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Anderson Vichinkeski Teixeira

2012-06-01

Full Text Available O presente artigo tem como objetivo encontrar parâmetros para que se possa determinar quando o ativismo judicial deixa o âmbito da argumentação jurídica e se torna instrumento de decisão política. Para tanto tentamos definir um possível conceito de ativismo judicial e as suas origens na tradição jurídica estadunidense. Nesse primeiro momento utilizamos o método histórico analítico para contextualizar historicamente as categorias conceituais em estudo e o momento de surgimento do fenômeno nos Estados Unidos. Em seguida, passamos a estudar, com base no método crítico-comparativo, os elementos fundamentais que caracterizam a racionalidade política e a racionalidade jurídica. Ao final, discutimos as perspectivas para um juiz ativista no Brasil, especialmente quando atue na proteção dos direitos fundamentais e na garantia da supremacia da Constituição. Em termos gerais, nossas conclusões apontam critérios que permitam a definição do que seria um ativismo judicial positivo, em detrimento da sua espécie nociva à saúde da ordem constitucional.This article has as general goal to find parameters in order to determine when the judicial activism leaves the field of legal argumentation and becomes an instrument of political decision. To this end, we started trying to define a possible concept of judicial activism and its origins in the United States juridical tradition. In this first moment, we use the historical analytical method to try to contextualize historically the conceptual categories under study and the conditions of emergence of this phenomenon in the United States. Following, on the basis of the critical comparative method, we began to study the fundamental elements that characterize political rationality and legal rationality. At the end, we discuss the prospects for an activist judge in Brazil, especially when acting in the protection of fundamental rights and ensuring the supremacy of the constitution. In general

Novelties in the judges's selection

Directory of Open Access Journals (Sweden)

Anna-Maria Getoš

2013-01-01

Full Text Available The authors analyze the legal position of the judiciary in the separation of powers in the Republic of Croatia, as well as the procedure for the election of members of the State Judicial Council and its President, its scope and operation. The analysis covers the principle, as well as the practical and normative level, hereby especially focusing on the provisions of the ‘State Judicial Council Act’ from 2010 (ZDSV, which introduced significant novelties to the appointment procedure of judges. This is due to the fact that, according to the authors, the role of judges, appointed by the State Judicial Council, in the way of the Croatian accession to the European Union is quite significant, since the judges with their work, and how the interpretation of applicable regulations in the spirit of EU law, provide the essential convergence judiciary in Croatia with the acquis and the highest standards of the European Union. It gives a special and comprehensive view of general and special conditions in the appointment of judges for the period before and after 31 December 2012, and a comparative view on conditions of appointment of judges in continental European countries, the circle of countries, where Croatia belongs to, with special reference to legal status, scope, operation and role of the State School for the judicial officers in the process of appointing judges. Performs the analysis and outlines the procedure for appointment of judges, with special emphasis on each stage: the stage of calling the ads and collecting applications, testing stage of candidates for judges and candidates who are not judges and the decision stage on the appointment, with special emphasis on the criteria and evaluation of candidates who have been determined for the appointment, in the normative sense and practical action, which is a standardized procedure, the legal level and in essence, ZDSV, along with suggestions de lege ferenda.

Judicial Decisions in the Field of Labour Law.

Science.gov (United States)

International Labour Review, 1982

1982-01-01

Presents a selection of summaries of recent judicial decisions in a number of countries concerninq the application of general legal principles to contracts of employment, acquired rights, liability of employers and workers, access to employment, nature of the employment relationship, and more. (Editor/CT)

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.

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...... activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic...

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

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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.

Legal System as a Determinant of Economic Performance: Factual Records in Romania

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Clipa Raluca Irina

2012-05-01

Full Text Available The role of the legal system in generating economic performance is enjoying increased attention inliterature. Our scientific endeavour tries to underline, from an original perspective, the incoherence whichcharacterises the Romanian law and judicial system; at the same time, it also offers a few solutions meant torestore and reconsider the role of public institutions in the legislative and judicial process. Considering thefacts presented in our study, the existence of efficient legal institutions, who enforce contracts ex post whileusing the judicial infrastructure (courts and judicial procedures, is more than critical for the formation of anagreement of will between contracting parties, thus generating economic performance for privateorganisations by reducing transaction costs and by limiting the opportunism of economic agents. Equity,predictability, transparency and reduced costs are advantages deriving from the legal enforcement ofcontracts, which stimulate competition and trade, while reducing the risks associated with different types oftransactions. Thus, it is necessary to implement an anti-corruption policy, to enhance the predictability of thelaw-making process, to reconsider and restore the attributions of institutions involved in the Romanianlegislative and judiciary process, in order to promote proper civil and commercial judicial procedures,together with the analysis of the possibility to acknowledge jurisprudence as a source of law.

39 CFR 4.5 - Assistant Postmasters General, General Counsel, Judicial Officer, Chief Postal Inspector.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Assistant Postmasters General, General Counsel, Judicial Officer, Chief Postal Inspector. 4.5 Section 4.5 Postal Service UNITED STATES POSTAL SERVICE THE... Counsel, a Judicial Officer, a Chief Postal Inspector, and such number of officers, described in 39 U.S.C...

Responsible Communication between the Judicial and Deontological Norm

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Daniela Aurelia Popa

2010-07-01

Full Text Available Confronting with numerous problems related to moral judgment, the responsibility and irresponsibility in what concerns the vast domain of communication, we are interested in forming a correct and complete vision that crosses the judicial and deontological domain of the profession. The deontological norms are meant to guarantee, by their freely consented acceptance, the good fulfillment of the mission of the journalists, recognized as being indispensable for the god functioning of any human society. The laws do not expressly refer to the deontological norms, but these norms exist according to the law order and are necessary for its guarantee in this social context, which is chaotic from the point of view of the legislation in communication. The aspects analyzed here aremeant to indicate the manner in which passing from deontological norm to the judicial norm creates an external constraint for the communicator which brings more responsibility in view of avoiding the journalistic conflicts.

Could Innovation also Emerge from the Public Sector? Creating an ISO-like Judiciary Quality Management Standard.

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Rodrigo Murillo

2013-10-01

Full Text Available This paper explores the conceptual differences between the GICA-Justicia Project initiative and other available models, process performance guidelines, and tools. Comparison was basically carried out through a review of specialized literature, papers, and reports; semi-structured interviews and focus groups with experts in the judicial quality assurance field from different countries; and applying the authors’ experience as technical counterparts in the GICA-Justicia Project (co-authoring a Quality Management Standard and training/auditing during the Quality Management System deployment and accreditation stages.  The paper is meant to unveil how the GICA-Justicia Quality Management Model and the GICA-Justicia Quality Management Standard, as  GICA-Justicia Project by-products, combine to create an innovative process performance approach to quality assurance in judicial environments.

Neoliberal Justice and the Transformation of the Moral: The Privatization of the Right to Health Care in Colombia.

Science.gov (United States)

Abadía-Barrero, César Ernesto

2016-03-01

Neoliberal reforms have transformed the legislative scope and everyday dynamics around the right to health care from welfare state social contracts to insurance markets administered by transnational financial capital. This article presents experiences of health care-seeking treatment, judicial rulings about the right to health care, and market-based health care legislation in Colombia. When insurance companies deny services, citizens petition the judiciary to issue a writ affirming their right to health care. The judiciary evaluates the finances of all relevant parties to rule whether a service should be provided and who should be responsible for the costs. A 2011 law claimed that citizens who demand, physicians who prescribe, and judges who grant uncovered services use the system's limited economic resources and undermine the state's capacity to expand coverage to the poor. This article shows how the consolidation of neoliberal ideology in health care requires the transformation of moral values around life. © 2015 by the American Anthropological Association.

Licences issued under environmental law in international private and procedural law

International Nuclear Information System (INIS)

Kohler, C.

1991-01-01

The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

Suicide in Nazi concentration camps, 1933-9.

Science.gov (United States)

Goeschel, Christian

2010-01-01

Too often histories of the concentration camps tend to be ignorant of the wider political context of nazi repression and control. This article tries to overcome this problem. Combining legal, social and political history, it contributes to a more thorough understanding of the changing relationship between the camps as places of extra-legal terror and the judiciary, between nazi terror and the law. It argues that the conflict between the judiciary and the SS was not a conflict between "good" and "evil," as existing accounts claim. Rather, it was a power struggle for jurisdiction over the camps. Concentration camp authorities covered up the murders of prisoners as suicides to prevent judicial investigations. This article also looks at actual suicides in the pre-war camps, to highlight individual inmates' reactions to life within the camps. The article concludes that the history of the concentration camps needs to be firmly integrated into the history of nazi terror and the Third Reich.

Dimensão socioeducativa do trabalho do assistente social no judiciário: contradições e perspectivas = Socio-educational dimension of social assistant’s work in the judiciary: contradictions and perspectives

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Bonalume, Bruna Carolina

2017-01-01

Full Text Available O presente artigo tem como objetivo propor uma reflexão teórica sobre a dimensão socioeducativa do trabalho do assistente social no âmbito do judiciário, face às requisições institucionais postas ao Serviço Social nesse espaço sócio-ocupacional. Requisições essas que revelam a necessidade de produzir práticas punitivas, tendendo à criminalização da pobreza e à sustentação do perverso modelo da ordem vigente do capital. Discutir a dimensão socioeducativa, em um cenário tão complexo e contraditório, implica trazer à tona o compromisso profissional com a efetivação de um trabalho alicerçado na perspectiva crítica e no enfrentamento dos modelos tradicionais de viés conservador/moralizante

El Poder Judicial Electrónico en Iberoamérica

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José Miguel Busquets

2010-07-01

Full Text Available En este artículo, presentamos el índice del Poder Judicial Electrónico para 8 países de Iberoamérica, a saber: Argentina, Brasil, Costa Rica, Cuba, Chile, España, Portugal y Uruguay. El índice del Poder Judicial Electrónico tiene como objetivo medir el grado de incorporación de las tecnologías de la Información y la Comunicación (TICs en los Poderes Judiciales. El mismo es el resultado de un relevamiento realizado entre abril y agosto de 2013 a informantes calificados, muchos de ellos integrantes de Universidades que pertenecen a la Red LEFIS (Legal Framework for the Information Society. Entre los resultados significativos de esta investigación encontramos: 1 Mientras que las dimensiones de información y gestión del índice son los más desarrollados, las dimensiones de relación y decisión del mismo índice están mucho menos desarrolladas en el conjunto de los 8 países de Iberoamérica estudiados. 2 Con más de un 50% del índice de Poder Judicial Electrónico desarrollado se encuentran Brasil, España, Costa Rica, Portugal, Chile, Argentina, Uruguay y Cuba

Phosphoethanolamine Synthetic: Analysis of a Judicialization of Controversial Case Drug Supply without Proof Scientific

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Tiago Antonio Paulosso Anibal

2016-10-01

Full Text Available The object of this work is to verify the possibility of the judiciary receive a request for supply of synthetic phosphoethanolamine substance. Through a bibliographical and jurisprudential review, notes that the legalization of public policy has been peaceful when it comes to grant requests for medications, except in the event of lack of therapeutic efficacy of accreditation and patient safety , with its Agency registration national Health Surveillance . It is concluded by no host application providing phosphoethanolamine by the courts due to the lack of legal and scientific support, and should the courts decide legal criteria, not political.

Judicial autopsy of radiation accidents

International Nuclear Information System (INIS)

Kannan, P.M.

1990-01-01

This paper discusses issues regarding the judicial autopsy of radiation accidents. In the litigation which follows a radiation accident, a claimant calls on the legal system to adjudicate a dispute. Scientific questions are thrust upon the court. The legal system (through attorneys for the parties) then invites scientists to assist the court in resolving such questions. The invitation, however, does not allow the scientist to bring along his full kit. Experimentation, such as repeating the accident with dosimeters to gather more accurate data, is generally not allowed. Also, the scientist must give up his practice of choosing which questions he will pursue

32 CFR 270.13 - No right to judicial review or legal cause of action.

Science.gov (United States)

2010-07-01

... DEMOCRATIC REPUBLIC OF VIETNAM Payment § 270.13 No right to judicial review or legal cause of action. Subject... 32 National Defense 2 2010-07-01 2010-07-01 false No right to judicial review or legal cause of..., and such review is specifically precluded. This part does not create or acknowledge any legal right or...

¿Existe discrecionalidad en la decisión judicial?

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García Amado, Juan Antonio

2006-12-01

Full Text Available Two different sets of legal theories have denied that judges have any discretion when deciding cases. The first was “naive” formalism as practised in the XIXth century,and more specifically, the exegesis school in France and the conceptual jurisprudence school (Begriffsjurisprudenz in Germany. The second was the “sophisticated” formalism of the late XXth century, which both establishes a connection between law and social morality, and undertakes a moral reading of the constitution so that positive law could offer the one right answer in each case. On its turn, mainstream legal positivism has regarded judicial discretion as an unavoidable and even perhaps desirable consequence of the structural features of any really existing legal order.

Dos tipos de doctrinas jurídicas han tratado de negar la discrecionalidad judicial: por un lado, el formalismo ingenuo del siglo XIX, propio de la Escuela de la Exégesis, en Francia, y de la Jurisprudencia de Conceptos, en Alemania; por otro lado, el formalismo sofisticado de fines del siglo XX, que primero integra derecho y moral social y, después, moraliza la Constitución positiva para que en el derecho positivo se contenga una única solución correcta para cada caso posible. Por contra, el positivismo jurídico del siglo XX ha visto en la discrecionalidad judicial una consecuencia, tan inevitable como conveniente, de los caracteres de todo sistema jurídico real.

Minimalismo judicial ¿Cass Sunstein en la Corte Constitucional?

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Mario Cajas Sarria

2007-12-01

Full Text Available Cass Sustein Unstein es hoy en día uno de los principales expositores de la tesis del minimalismo judicial, metodología de adjudicación que puede ser utilizada por el máximo órgano de control constitucional cuando interpreta la Constitución. En este artículo se exponen las principales características y ventajas de esta metodología, así como una comparación con las otras formas de adjudicación presentes actualmente en el derecho estadounidense. Posteriormente, se analiza el uso dado al minimalismo judicial por la Corte Constitucional de Colombia en el control que ésta realiza a la legislación, prestando especial atención a los argumentos presentados por la Corte para declarar inconstitucional el estatuto antiterrorista del año 2003.

76 FR 71510 - Meeting of the Assembly of the Administrative Conference of the United States

Science.gov (United States)

2011-11-18

... administrative agencies, the President, Congress, and the Judicial Conference of the United States regarding the... participation and efficiency in the rulemaking process, reduce unnecessary litigation in the regulatory process, improve the use of science in the regulatory process, and improve the effectiveness of laws applicable to...

Execution of the European Arrest Warrant by the Romanian Judicial Authorities

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Ion Rusu

2009-06-01

Full Text Available The unprecedented development of criminality at the social and economical levels, the tendency toglobalize some categories of crimes, of maximum gravity, as terrorism, armament traffic, drug traffic orhuman traffic, have determined the world states to undertake specific measures to prevent, combat and finallyreduce it. The first and most important measure taken by the Europe’s Council, regarding the intensificationof judicial cooperation in criminal matters was the adoption of the European Convention on extradition, inParis on 13 December 1957, completed by the two Additional Protocols in Strasbourg, on 15 October 1975and 17 March 1978. In this context, the release of the Council’s Framework Decision on 13 June 2002 on theEuropean arrest warrant and the procedures of delivery among the member states (2002/584/JAI representeda natural decision, with the purpose of contributing at ensuring a free, secure and just European space. TheEuropean arrest warrant is a judicial decision through which a competent judicial authority of a EuropeanUnion member state solicits the arrest and delivery by another member state, in order to proceed to theprosecution, trial or execution of a penalty or safety measure that is privative of freedom.

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

International judicial cooperation by means of direct aid in the fight against international abduction of children in Brazil and Colombia

OpenAIRE

Mizuta, Alessandra; Pontifícia Universidade Católica do Rio Grande do Sul; Hendges, Carla Evelise Justino; Pontifícia Universidade Católica do Rio Grande do Sul

2015-01-01

This paper addresses the issue of international judicial cooperation by the direct assistance. It reflects on the impact of globalization on the state, the law and the legal systems. Contextualize the reduction of the effectiveness of the rights and the crisis of the process. Adresses the international judicial cooperation as a tool to promote integration of various judicial systems, necessary in a complex and interconnected world in judicial cooperation, there is the direct assistance as a m...

The Political Context of Judicial Review in Indonesia

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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.

The Judicial Regime of Danube Navigation between 1856- 1919

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Constantin Tănase

2015-08-01

Full Text Available The basics of the judicial regime of Danube navigation, in the moern sens of the term, were inserted in the Peace Treaty in Paris, March 30, 1856, concluded at the end of Crimeea War. This judicial act of international law ended a situation in the area of the large European river where the rules were imposed by the big empires of Austria, Turkey and Russia, according to their interests. The rights and interests of the riverains such as the Romanian states, Serbia, Bulgari etc. were ignored and brutally violated. Until 1919, the European Danube Commission, institution created by the Paris Treaty, has contributed to the modernization of the lower Danube and development of navigation in this sector. This paper aims at clarifying to a certain extent the circumstances of the regulation of navigation during the reference period of time in this naval sector.

Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law

OpenAIRE

Cebulak, Pola

2014-01-01

Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international ...

[Medical-legal conduct with individuals in judicial or police custody].

Science.gov (United States)

Medallo Muñiz, Jordi; Martín-Fumadó, Carles; Nuno Vieira, Duarte

2014-03-01

The problems involved in caring for individuals in custody, as well as deaths that occur during custody, are relevant aspects of legal and forensic medicine in terms of the possible criminal, civil and administrative responsibility of health professionals and/or public or private institutions that might hold individuals in custody and deprived of freedom. The rule of law should ensure that these cases comply with state law and international agreements and treaties related to human rights and the special treatment of individuals deprived of freedom in hospitals or detention centers. Of particular mention is the medical-forensic activity regarding deaths associated with the use of control holds and/or restraint during the detention of individuals by members of the armed forces or law enforcement or in healthcare centers by safety and healthcare personnel. In these cases, both the immediate healthcare treatment subsequent to the events and the medical-forensic study should be particularly careful. These situations, which are often high profile, cause social alarm and involve judicial actions that can result in especially severe liabilities. Copyright © 2014 Elsevier España, S.L. All rights reserved.

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].

Legislation and judicial practice on illegitimate children in 19th century Serbia

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Kulauzov Maša

2014-01-01

Full Text Available Legal position of non-marital children according to 19th century Serbian legislature and judicial practice is examined in this paper. Provisions and court decisions on personal rights, property rights and rights of succession of illegitimate children are presented and critically analyzed. Children born out of wedlock were not equal to children born in lawful marriage. Therefore, significance of legalization of illegitimate children regarding improvement of their legal status is accentuated. As non-marital relationships were condemned in patriarchal Serbian 19th century society, illegitimate children were considered a product of sin and family disgrace. Hence, legislative and judicial attempts to protect their interests and improve their legal position are emphasized in this paper. Beside legalization, adoption was also the way to better position of illegitimate children in great extent, as adopted child was granted the status of a child born in lawful marriage. That is a reason why judicial practice concerning adoption, widespread in 19th century Serbia, is scrutinized and critically analyzed in the article.

Decision or norm: Judicial discretion as a treat to the rule of law

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Avramović Dragutin

2012-01-01

Full Text Available Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range. That trend is more and more at hand in European states as well, due to convergence of common law and civil law legal systems. Judicial decision acquires higher and higher factual importance in European legal systems, although it is generally not considered as a source of law. After analysis of standings by leading scholars of legal realism theory, the author admits that a very high level of tension frequently exists between judicial decision and legal norm. Within that conflict often and relatively easy decision succeeds to tear off by the strict letter of the law. In application of general legal rules upon concrete case, by creative adjustment of the law to life, due to necessary general and abstract character of legal norms, judge becomes more creator of law, rather than the one who applies it. The author points to danger of subjective and prejudiced attitudes of the judges, as they, due to their wide discretion, make a decision more upon their own feeling of justice, rather than upon law itself. In that way the law transforms itself in judicial decision based upon subjective understanding of justice and fairness.

12 CFR 263.41 - Stays pending judicial review.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Stays pending judicial review. 263.41 Section... SYSTEM RULES OF PRACTICE FOR HEARINGS Uniform Rules of Practice and Procedure § 263.41 Stays pending... the effectiveness of all or any part of its order pending a final decision on a petition for review of...

Canadian Cases before the Judicial Committee of the Privy Council

OpenAIRE

MacMillan, Catharine

2015-01-01

A paper by Professor Catharine MacMillan (Professor of Law and Legal History, University of Reading) exploring the enduring legacy of the Judicial Committee of the Privy Council on the development of Canadian law.

The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games

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Mônica da Silva Cruz

2015-12-01

Full Text Available The desaposentação is a topic that for some time has raised heated debate in the Brazilian legal field. Decisions related to it constitute itself as judicial activism, in that are given by the interference of the courts in the effectiveness of this right. This article aims to analyze some discursive movements that are established in discussions on the concept of judicial activism, taking as an example the desaposentação in Brazil. It analyzes initially discursive aspects of the historical constitution of the concept of judicial activism. Then it talks about the struggles that are established around the senses built on the concept of desaposentação considering that all knowledge is made from games of speeches taken as a set of strategies that are part of social practices born in the plots history. The theoretical framework is guided in Foucault's principles speech about the concepts, wording and your order (Foucault, 1996; 2008. Methodologically assess up concepts of judicial activism, judicial and parliamentary speeches. At last, it turns out that the activist discourse in enforcing rights is permeated by strategy games, action and reaction, of domination and avoidance, as well as struggles.

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.

Perception of secondary victimization in gender violence

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María Aranda López

2014-08-01

Full Text Available Gender violence is a complex phenomenon that does not end with the removal of the abuser, as the abused person can experience secondary victimization. This study examined this process in a sample of 38 battered women. A multicausal approach was used to assess satisfaction with health system, the police, and the judiciary. The study also assessed the role of two variables that have remained unaddressed: family support and perceived danger. The results indicate that dissatisfaction with judicial treatment and legal action plays a key role in the perception of secondary victimization. It was also found that women who perceive less risk value the judicial system more because they do not need the system to take protective measures or other measures for them. Moreover, women who receive family support are more satisfied with the police system.

European Administrative Cooperation in the Field of Taxation

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Florin TUDOR

2012-04-01

Full Text Available The operation of different taxation systems in EU member states appears to promote more increasingly the appearance of double taxation entailing fraud and tax evasion. The phenomenon is amplified by the remaining control competences at the national level, and the lack of administrative cooperation in tax matters at EU level is being a decisive factor in delaying the causes with the consequence of prescription of the facts which brings serious damage enhanced EU budget. This study aims to examine the legal ways and means to ensure that the information, reports, statements and other documents mandatory to the administrative or judicial proceedings to be legal required from the counterparts existing in other members states invoked as evidence by their competent bodies.

17 CFR 10.106 - Reconsideration; stay pending judicial review.

Science.gov (United States)

2010-04-01

... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Reconsideration; stay pending... COMMISSION RULES OF PRACTICE Appeals to the Commission; Settlements § 10.106 Reconsideration; stay pending... operate to stay the effective date of the Commission's order. (b) Stay pending judicial appeal—(1...

77 FR 31290 - Notice of Public Meeting of the Assembly of the Administrative Conference of the United States

Science.gov (United States)

2012-05-25

... recommendations to administrative agencies, the President, Congress, and the Judicial Conference of the United... more effective public participation and efficiency in the rulemaking process, reduce unnecessary litigation in the regulatory process, improve the use of science in the regulatory process, and improve the...

The European Judicial Training Network and its Role in the Strategy for the Europeanization of National Judges

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Simone Benvenuti

2015-07-01

Full Text Available This article addresses the building of a European Judicial Training Framework (EJT, notably the establishment, organization and functioning of the European Judicial Training Network (EJTN. After describing the EJTN and retracing its distinctive features – co-operation, decentralization, complementarity, targeting –, the article underlines its peculiar function within EJT, which reflects the role of EJT itself in the strategy for Europeanization of national judges. It then concludes by pointing out and situating other strategic areas where important synergies with EJT for the purpose of judicial Europeanization can be strengthened, notably enhancement of transnational judicial networks and introduction of knowledge management tools in national systems. The article is based on the analysis of documents and scientific literature as well as on empirical research and semi-structured interviews conducted by the author in 2013 and 2014.

Media Exposé of Judicial Corruption in Ghana: Ethical and ...

African Journals Online (AJOL)

... issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. ... He focuses on human rights issues and corruption in Ghana and many parts of ..... Funds meant to help businesses grow and the.

Judicial Enforcement of Economic, Social and Cultural Right

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Aulona Haxhiraj

2013-07-01

In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

Judicial review of Shaik's medical parole a viable option

African Journals Online (AJOL)

Dr. Loammi Wolf

The normative quality of pre-conviction equality is therefore much ..... not signal a relationship of subordination typical of an internal executive hierarchy. .... The Judicial Service Commission in South Africa usually consists of ...... he was sighted at an upmarket French restaurant where a lunch party was held to celebrate his.

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

OpenAIRE

Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corr?a; 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....

Analysis of judicial demands in health at the Regional Health Department XII

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Leticia Florido Povinske Domingues

2017-08-01

Full Text Available The management of lawsuits in health represents a challenge for most Brazilian municipalities. Many papers described in the literature characterized properly the problem as well as discussed the repercussions on the Unified Health System.In this context, the objective of this study was to analyze the situation of health judicial processes at the twelfth Regional Department in Registro, São Paulo´s state, evaluating the profile of the users who claim in court the couverage of treatment´s costs as well as examination, procedure or medication. For this, we analyzed data on lawsuits in the health field at the twelfth Regional Department in Registro (SP from january 2009 to october 2015.The variables studied were gender, age, municipality of origin of the lawsuit, the mentioned disease, the medical prescription origin, specialty of the prescriber, type of lawsuit triggered, year of the lawsuit, entity judicially triggered and requested items. It was analyzed thirty-eight lawsuits against the twelfth Regional Department, it was observed the prevalence of the female gender, age group above 51 years and originating from the municipality of Registro (SP.The most of the judicial actions are for care given at the Unified Health System, by prescribers of specialty in Clinical Medicine and diagnosed with Diabetes Mellitus. The processes were characterized in the majority by judicial actions called Ordinary Rite, against the State. On the analyzed cases, 92% requested only medications and of these 11% supplements like vitamins and enteral diets.The number of patients who have been served through legal actions in the last three years reached 47% of the total cases registered during the period of the seven years analyzed and the approximate cost was R$ 1,340,000.00.This study contributes to the diagnosis of the processes related to the health judicialization in the region studied. The results showed a predominance of processes which comes from of patients

Judicialização da política e Sistema Interamericano de Direitos Humanos: uma investigação empírica da atuação das organizações da sociedade civil / Judicialization of Politics and Inter-American Human Rights system

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Carolina Alves Vestena

2011-09-01

ção destes mecanismos de controle social pela sociedade civil organizada. Palavras-chave: Sistema Interamericano de Direitos Humanos, Judicialização da Política, Pesquisa Empírica, Organizações não governamentais. Abstract This article brings analysis on the third stage of the research lead by the group Human Rights, Judiciary and Society – DHPJS (in portuguese – about the justice system and the performance of its agents in Rio de Janeiro. Its focus is set on the usage of international human rights laws by national courts. During previous stages, judges (both of district and circuit courts were interviewed and asked about the usage of such norms in their decision-making process and about their education on the theme. This time, attention is brought to those recurring to the system, especially when organized collectively in civil associations. Our hypothesis sustains that judicial courts have been looked for as locations for disputes, both in an internal perspective (which may be proved by many theoretical outlooks as in an international one. The phenomenon identified in the national arena can be interpreted in the context of regional protection system for Human Rights: the Inter-American Court and Commission may be developing into a “para-judicial” stage in the concretization of those rights. This second hypothesis may be spoken of theoretically and proven empirically so as to check if civil organizations are used to turning their social struggles into cases before the mentioned system. The empirical research lead by the group supplies data for reflections on the hypothesis aside from showing threads to pursue. The group talked to 36 NGOs registered on ABONG – Brazilian Association of Non-Governmental Organizations –who aim at Human Rights protection so as to gather information on their articulation with both the national justice system and the regional one. The article presents possible connections between judicialization of politics and the regional

Formula over Function? From Algorithms to Values in Judicial Evaluation

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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

28 CFR 50.9 - Policy with regard to open judicial proceedings.

Science.gov (United States)

2010-07-01

... Government attorney has a compelling duty to protect the societal interest in open proceedings. (c) A... closure of part of a judicial proceeding where necessary to protect national security information or...

How Many Cases? Assessing the Comparability of EU Judicial Datasets

NARCIS (Netherlands)

E.A. Ontanu (Elena); M Velicogna (Marco); F. Contini (Francesco)

2017-01-01

markdownabstractEfficiency is often considered a key component of any effective justice system, and a crucial drive for economic growth. A growing body of comparative studies explores how judicial reforms leading to a greater efficiency or effectiveness are positively correlated with economic growth

The Principle of Self-Dependence of Judicial Authority in the Context of the Constitutional Reforms in the Republic of Armenia

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Tumanyants Yeranuhi S.

2018-03-01

Full Text Available In article some aspects of the constitutional reforms of the Republic of Armenia which guarantee the realization of the principle of self-dependence judicial authority are considered. In particular, questions concerning the activity of the Supreme judicial council (the assignee of present Council of justice as the guarantee of self-dependence of judicial authorities, and the procedure of selection (appointment of judges are separated. Changes which have been made during the constitutional reform are also considered, the assessment to the carried-out reforms based on the recommendations of the international organizations and the international documents is given. On the basis of the comprehensive analysis practical recommendations about the direction of further improvement of the legislation concerning realization of the principle of self-dependence of judicial authority, in particular concerning activity of the Supreme judicial council and the procedure of selection (appointment of judges are offered.

أثر تفسير نصوص الدستور على تحول أحكام القضاء الدستوري (دراسة مقارنة

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ميثم حنظل شريف

2017-05-01

to falling into error, what if this happened and the law prohibits appeal to the provisions of the constitutional judges as is the reality now? . There is no doubt that the shift away from the erroneous legal principles contained in the foregoing provisions is to ensure legal means to correct these errors, and this perception purely theoretically, there is a lot of constitutional provisions that must be reversible. That he is one of the obstacles to judicial shift Constitutional It has been said, that this idea is in conflict with the Constitution on the grounds that constitutions devoid of text on them, the study concluded that the reverse Judge wrong interpretation does not violate the Constitution, but confirmed to enable the constitutional judge from development spending in accordance with the provisions of the Constitution and to avoid the denial of justice, and taken as a means to achieve rapprochement between the normal trends and administrative justice and the trends of the constitutional court. That the application of the idea of judicial constitutional transition should be limited and exceptional so as not to threaten the idea of legal security, and the realization of the future and not the past so as not to threaten Authentic previous provisions. Discuss the issue of the impact of the interpretation of provisions of the Constitution has addressed the transformation of the provisions of the Constitutional Jurisdiction three demands, first Valmtalb reported study linguistic definition and terminological shift constitutional justice, and in the second requirement impact of interpreting the text of the Constitution in the transformation of the provisions of the constitutional judiciary in the United States, Germany, and in the third demand impact of interpretation provisions of the Constitution in the transition provisions of the constitutional judiciary in both Egypt and Iraq.

Co-Plaintigff in Judicial Reorganization

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Liliane Gonçalves Matos

2016-12-01

Full Text Available The aim of the study it was to analyze the possibility of the economic group file a single request for judicial reorganization. Concerning the methodology, the study is a descriptive - analytic research, analyzing the legal doctrines and jurisprudence about the subject. It has been shown that the reorganization of groups, instead of separated companies may result benefits, as a company of the group can help to recover the others that are facing difficulties, but there is the possibility to create a negative incentive for the development of global business activity. It was concluded that the active joinder in bankruptcy is feasible, but it would be more prudent for each group company present its own reorganization  plan.

['Judicialization' of public health policy for distribution of medicines].

Science.gov (United States)

Chieffi, Ana Luiza; Barata, Rita Barradas

2009-08-01

The supply of medicines in response to court orders or injunctions has become a common practice in the State of São Paulo, Brazil. This 'judicialization' of the health system clashes with basic principles of the Brazilian Unified National Health System (SUS), such as equal opportunity to access health services. The aim of this paper is to analyze the legal action used to obtain medicines through the São Paulo State Health Department, from two main angles: judicialization of public policies and breach of the equity principle. This is a descriptive study of legal action taken to obtain medicines through the São State Health Department, as listed in the Electronic Court Docket System for the year 2006. Most cases were filed through private attorneys; 47% of the patients had obtained their prescriptions through private care; and 73% of the cases involved patients from the three wealthiest areas in the city of São Paulo. The data demonstrate that such legal action violates key principles of the SUS such as equity, thereby privileging individuals with higher purchasing power and more access to information.

LA REFORMA JUDICIAL Y LA BÚSQUEDA DEL ACCESO A LA JUSTICIA EN COLOMBIA

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José Luis Sánchez Cardona

2016-01-01

Full Text Available This article is a reflective study on judicial reform and the quest for access to justice in Colombia, which aims to expose the importance of access to justice as a fundamental basis for all rule of law. Howe- ver, in countries like Colombia that legitimacy is questioned, because they have not been public policies that focus on removing barriers to access to justice, such as the cost of litigation, excessive forma- lism, lack education rights, geographical limitations, the power of the litigants and other barriers that plague society. These limitations are accentuated with the peculiarities of the Colombian judicial system, as it is the legal patronage and the decline of the state in certain areas of the country to dispense justice, so have become the biggest obstacle to discuss a reform of the justice that focuses on open access to the mostvulnerable persons, necessitating a discussion on the challenges of a comprehensive policy based on the citizen to enter the judicial system.

CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

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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.

Iberian (South American) Model of Judicial Review: Toward Conceptual Framework

Science.gov (United States)

Klishas, Andrey A.

2016-01-01

The paper explores Latin American countries legislation with the view to identify specific features of South American model of judicial review. The research methodology rests on comparative approach to analyzing national constitutions' provisions and experts' interpretations thereof. The constitutional provisions of Brazil, Peru, Mexico, and…

Cooperación judicial e integración subnacional chileno-argentina: principales logros y avances

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Alejandro Sfeir Tonsic

2014-12-01

Full Text Available La cooperación judicial desarrollada entre diversos órganos de las provincias argentinas y regiones chilenas, al amparo del Tratado de Maipú de Integración y Cooperación de 2009 y de los Comités de Integración binacionales, ha experimentado sustantivos avances en los últimos años, los cuales se ven reflejados en las diversas actividades que se describen en el artículo, las cuales han sido coordinadas y lideradas por las cancillerías de ambos países. Por su parte, la cooperación judicial binacional se entrelaza con el concepto de integración subnacional tanto al permitir un amplio encuentro de altos funcionarios y profesionales interesados en avanzar en estas materias, como al hacer posible el estrechamiento de los vínculos ya existentes a ambos lados de la Cordillera de los Andes. Como fruto de las conversaciones mantenidas en Mendoza en el Comité “Paso Cristo Redentor” de 1 y 2 de septiembre de 2011 y de la organización del Primer Seminario Internacional de Cooperación Judicial Chile-Argentina, desarrollado el 29 y 30 de marzo de 2012, se lograron implementar nuevas Comisiones de Cooperación Judicial en los demás Comités de Integración, así como organizar nuevos seminarios sobre dicha temática, con el objeto de avanzar en el campo de la integración y la cooperación judicial. El objetivo del presente artículo es, precisamente, dar cuenta de los principales logros y avances en esa materia.

Battered Wives or Dependent Mothers? Negotiating Familial Ideology in Law.

Science.gov (United States)

Kodikara, Chulani

2018-06-01

More than a decade after its passing, Sri Lanka's Prevention of Domestic Violence Act (PDVA) remains a remedy of last resort for female survivors of intimate partner violence, as there is little support to take on a rights-defined identity as a battered woman both inside and outside the courtroom. However, large numbers of women are accessing the Maintenance Act of 1999 to exit violent relationships without the censure and stigma that attaches to the PDVA. The key to understanding this phenomenon is to consider how familial ideology works in unpredictable ways within the Sri Lankan judicial system. This article examines the reach and different impacts of familial ideology within the judiciary and argues that female survivors of violence navigate this ideology to their own advantage. However, the preference to address violence through the Maintenance Act renders such violence invisible. The price for judicial redress is silence.

The Legitimizing Function of Judicial Rhetoric in the Eugenics Controversy.

Science.gov (United States)

Hasian, Marouf, Jr.; Croasmun, Earl

1992-01-01

Investigates the possibility that judicial policymaking is responsive to the situational exigencies created in part through public discourse. Investigates the elite and public perspectives regarding the eugenics controversy in the 1920s to explore the emergent relationship between the public and technical spheres of argument. (SR)

The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead

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Arlinda Memetaj

2018-03-01

Full Text Available The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others competent independent courts. It is the key precondition for the principle of transparent and responsible public administration as an integral part of democratic governance. In addition to the “judiciary control of the administrative decisions”, the private persons` human rights against the public administration may be also protected through the Ombudsman office. The increasing importance of the afore mentioned issues relating public administration and the various types of control of the administrative acts been long time ago reflected in the mandate of almost all of the key international inter-governmental organizations, especially the European ones including the Council of Europe, the European Union and the OSCE. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most “important and urgent” final strategic objectives of almost any country in the Balkans region, including Albania, Macedonia and Kosovo. This process included (among others establishing European-like Ombudsman offices in these countries. Against the above background the present paper firstly explains why the administration action must be controlled by the public, and it then outlines the European Right of Good Administration, the Ombudsman Office`s mandate. This is then followed by presenting the concept of European Administrative Space in terms of the Role of the OECD-SIGMA in Developing the Standards of Good Administration. Against the preceding sub-sections the paper further presents the basic legislative framework for action of the National Ombudsman Offices in Albania, Macedonia and Kosovo, which is then followed by a short review of the actual state of play of the Principle No.2 of the SIGMA European Principles for

Análisis económico del activismo judicial: el caso de la Corte Constitucional colombiana

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Jairo Andrés Castaño Peña

2014-01-01

Full Text Available Este escrito presenta una aproximación al fenómeno del activismo judicial desde la perspectiva del Análisis Económico del Derecho (AED. Como cometido, pretende mostrar que existen una serie de incentivos y de circunstancias que hacen que las decisiones de la Corte Constitucional colombiana se puedan calificar como activistas. Para tal fin, en primer lugar, se establecen unos derroteros básicos para la comprensión de la actividad judicial, específicamente de las funciones de control de constitucionalidad y de revisión de acción de tutela de la Corte Constitucional de Colombia; en segundo lugar, se realiza un acercamiento al concepto de activismo judicial, para, a continuación, presentar la formulación de políticas públicas y la creación de leyes como productos dentro de un modelo de mercado, esto con el fin de explicar y mostrar, desde el Análisis Económico del Derecho, las razones que explican la existencia del fenómeno del activismo judicial en el caso colombiano. En último lugar, se presentan dos casos de activismo judicial por parte de la Corte Constitucional colombiana: en primer término, el caso de la protección del derecho a la vivienda digna, o caso del UPAC, y en segundo término, el caso de la protección de los derechos de los recicladores de oficio; casos, uno y otro, donde se puede ver que existen incentivos que provocan decisiones activistas.

Disability inquiries shorn from Chicago's judicial review process.

Science.gov (United States)

1997-03-07

The Chicago Bar Association changed the wording of the questions it routinely asks judicial candidates for election and appointment to the bench. Prior to the change, the request for information was so broad that the bar association could learn the candidate's HIV status through a questionnaire that gave the result of the candidate's last physical examination. The new wording better reflects the spirit and intent of the Americans with Disabilities Act (ADA).

ESTRATEGIAS JURÍDICAS Y PROCESOS POLÍTICOS EN EL ACTIVISMO DE LOS DERECHOS HUMANOS: EL CASO DE LA MORGUE JUDICIAL

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Maria José Sarrabayrouse Oliveira

2011-07-01

Full Text Available Resumo: O presente artigo resulta da re-escrita de um dos capítulos da minha tese de doutorado “Etnografía das práticas e procedimentos justiça penal perante a última ditadura militar (1976-1983” (2008. A pesquisa estruturou-se sobre a análise dos documentos de um processo judicial conhecido pelo nome de “Processo do Necrotério Judicial”. O processo judicial teve inicio no fim da ditadura militar, a partir de uma denúncia feita pelo Centro de Estudos Legais e Sociais (CELS. Nessa denúncia colocava-se que no período 1976-1980, o necrotério judicial tinha feito autópsias, certidões de óbito e ordenado inumações de vários cadáveres de pessoas detidas e desaparecidas pela ordem das forças militares sem a intervenção de um juiz competente. Na denúncia estavam envolvidos vários militares e membros do judiciário. O presente trabalho não procura expor o desenvolvimento do processo nem as suas implicações, mas analisar as diferentes marcas deixadas pela burocracia do judiciário através de escritos, notas, ordens, resoluções; tanto assim como as explicações sobre diferentes tipos de procedimentos –rotinários, excepcionais ou irregulares- oferecidas pelos funcionários e médicos do Necrotério Judicial e do Corpo Médico (CMF. São esses elementos todos os que possibilitaram reconstruir grande parte da história, e por sua vez foram os utilizados pelos advogados do CELS como provas para suster a sua denúncia no judiciário. No que faz a esse último assunto, pretendo indagar sobre as particulares características que apresentava a estratégia política desenvolvida pelo CELS, na qual a disputa em termos jurídicos foi a ponta-de-lança e eixo de discussão. Assunto esse último através do qual procura-se demonstrar que o judiciário funcionou como uma areia de disputa na qual livraram-se múltiples batalhas.Abstract: The present article is an edited version of one of the chapters of my doctoral dissertation

A Call for Restorative Justice in Higher Education Judicial Affairs

Science.gov (United States)

Clark, Karen L.

2014-01-01

This paper aims to provide support for post-secondary institutions' exploring and implementing restorative justice in their judicial practices. Although restorative principles have been employed successfully across the globe in criminal proceedings and K-12 education, most colleges and universities have not yet embraced this practice. By exploring…

44 CFR 5.59 - Judicial relief available to the public.

Science.gov (United States)

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial relief available to the public. 5.59 Section 5.59 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... the complainant resides, or has his principal place of business, or in which the agency records are...

THE POTENTIAL AND LIMITATIONS OF TRUTH AND RECONCILIATION COMMISSIONS IN GENERATING JUDICIAL AND NON-JUDICIAL EFFECTS. THE PRESIDENTIAL COMMISSION FOR THE ANALYSIS OF THE COMMUNIST DICTATORSHIP IN ROMANIA.

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Bianca Elena RADU

2017-05-01

Full Text Available The transition periods that succeed totalitarian regimes are characterized by the efforts of new governments to recognize the violations of human rights that were committed in the past, to implement legitimate mechanisms to clarify the causes but also the consequences of the violation of human rights by the previous regimes, both at the individual and community level. The truth commissions represent one of these mechanisms, concentrating on the testimonies of the victims and on the recognition of their suffering. Depending on the case, the recommendations of the truth commissions have the role of generating judicial and non-judicial effects, of contributing and completing the bringing into effect of the penal justice, of facilitating the processes of restoration, of preventing the re-iteration of new abuses. The present paper proposes to analyse the limitations and the transformative potential of the recommendations included in the report done by the Presidential Commission for the analysis of the communist dictatorship in Romania. We will analyse whether the information contained in this report has been useful in the judicial procedures (prosecutorial indictment and judges’ motivation which resulted in the conviction of Ioan Ficior and Alexandru Vișinescu, but also on other two civil sentences. The research approach imposes the use of a content analysis of the official and public documents, a comparative analysis and a historic analysis.

The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures

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LWH Ackermann

2000-05-01

these institutions is vitally important for creating and sustaining an ethos of constitutionalism among the inhabitants of the Republic.The Constitution makes explicit provision for the protection of the judiciary and the other independent state institutions and thereby indirectly for the development of habits of constitutionalism. The constitutional protection and support given to the independent state institutions are very similar to that given to the courts. One important distinction is to be noted. In the case of the courts, the Constitution provides that they "are subject only to the Constitution and the law" and no provision is made for them to be accountable to any other organ of state or any other institution or person, for that matter. By contrast, the independent institutions envisaged in section 181 of the Constitution are expressly made accountable to the National Assembly and are obliged to report on their activities and the performance of their functions to the Assembly at least once a year. While the formal independence of state institutions may at all times be scrupulously recognised by the legislature and the executive, their substantive independence can easily be undermined by fiscal starvation and their ability to function properly impeded by bureaucratic administrative obstruction or obfuscation or even, quite innocently, by a lack of appreciation of what the Constitution demands from public administration in support of these institutions. Adequate financial and administrative resources are required to achieve aspects of judicial independence. All South Africans must still be vigilant to ensure, from the outset, that all state organs develop habits and practices of constitutionalism and that they do not, whether by omission, error, or otherwise endanger the independence of our independent state institutions by neglecting their constitutional obligations.For the Constitutional Court to fulfil its role as the ultimate guardian of the Constitution, it

Corresponding control of the administration - procedural development and deadlocks

International Nuclear Information System (INIS)

Breuer, R.

1980-01-01

The author proceeds from a decision of the Higher Administrative Court of Lueneburg of February 2, 1979 which limits the execution of a partial construction permit for a nuclear power plant to the extent that 'the approved plant components may and will only be used under certain conditions'. He critically reflects on the development of administrative legal protection. In principle, corresponding control of the administration leads to a latent change in the function of appeals aiming at cassation. As a rule, this is not against the law, since sect. 80 of the VwGO acknowledges 'individual interim regulations'. In this case it is a condition of a cancelling nature. The discussion of acknowledged and problematic cases of judicial decisions made under certain conditions is followed by the explanation that the Higher Administrative Court of Lueneburg has delegated the decision which is incumbent upon the Court to the Commission on Reactor Safety. Such a delegation of jurisdiction is contradictory to the constitutional postulate of Art. 19/IV and 91 of the Basic Law. (HSCH) [de

Economic and Other Determinants of Political Trust

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William R. DiPietro

2016-01-01

Full Text Available Political trust is important for the effective functioning of government. This paper uses cross country regression analysis to see whether three different measures of economic performance matter for political trust. The results lend support to the hypothesis that political trust is influenced by economic growth, the standard of living, and the appropriate use of government spending. In addition, the paper considers two institutional variables, perceived independence of the judiciary and the degree of democracy to assess their effect on political trust. It finds that perceived judicial independence has a positive effect on political trust, but democracy has a negative effect.

LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

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Edina Šehrić

2016-09-01

Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

[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.

REGULACIÓN DE LA TECNOLOGÍA INFORMÁTICA AL SERVICIO DE LA RAMA JUDICIAL: NECESIDAD, REALIDAD O ILUSIÓN

OpenAIRE

Ana María Mesa Elneser

2011-01-01

El presente artículo da cuenta de la regulación en el ordenamiento jurídico colombiano sobre el funcionamiento de la rama judicial por medios electrónicos como una forma de hacer efectivo el cumplimiento de principios procesales como la gratuidad, garantismo y agilidad en la búsqueda efectiva del funcionamiento del aparato judicial. La necesidad de avance tecnológico informático al servicio de la rama judicial no ha sido soportado desde una política de gobierno generadora de proyectos e inver...

The Supply of Judicial Labour: Optimising a Scarce Resource in Australia

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Brian Opeskin

2017-12-01

Full Text Available Developed societies generate a multitude of controversies between their members, which need to be resolved fairly if society is to function well. Judicial officers play a central role in that process by hearing and determining disputes according to law, but they are costly and their long tenure entrenches labour market rigidities. This is an inconvenience for modern governments, as they attempt to keep the wheels of justice turning, while facing budgetary constraints that drive them to seek ever greater cost-efficiencies. This article surveys the ways in which governments in Australia have sought to optimise the judicial labour force by creating a more flexible and cost-effective supply. The system of justice that has evolved in response to these developments is a complex one, with many complementary parts. There is no unique solution to the question of how many judicial officers society needs to quell disputes because this goal can be achieved in different ways. But great care needs to be taken to ensure that government action to find flexible sources of labour to meet the demand for judicial dispute resolution does not come at too high a price in terms of respect for the rule of law. Las sociedades desarrolladas generan multitud de polémicas entre sus miembros, y éstas deben ser solucionadas de forma justa para que la sociedad funcione bien. Los agentes judiciales desempeñan un papel esencial en ese proceso, dado que atienden y solucionan disputas de acuerdo con el derecho, pero son agentes costosos y sus largas permanencias en el puesto perpetúan la rigidez del mercado laboral. Ello es un inconveniente para los gobernantes actuales, que intentan asegurar que el ejercicio de la justicia siga su curso, al tiempo que se enfrentan a limitaciones presupuestarias que los empujan a buscar una eficiencia en relación a los costes cada vez mayor. Este artículo estudia las maneras en las que los gobiernos de Australia han procurado optimizar la

A proposal for amending administrative law to facilitate adaptive management

Science.gov (United States)

Craig, Robin K.; Ruhl, J.B.; Brown, Eleanor D.; Williams, Byron K.

2017-01-01

In this article we examine how federal agencies use adaptive management. In order for federal agencies to implement adaptive management more successfully, administrative law must adapt to adaptive management, and we propose changes in administrative law that will help to steer the current process out of a dead end. Adaptive management is a form of structured decision making that is widely used in natural resources management. It involves specific steps integrated in an iterative process for adjusting management actions as new information becomes available. Theoretical requirements for adaptive management notwithstanding, federal agency decision making is subject to the requirements of the federal Administrative Procedure Act, and state agencies are subject to the states' parallel statutes. We argue that conventional administrative law has unnecessarily shackled effective use of adaptive management. We show that through a specialized 'adaptive management track' of administrative procedures, the core values of administrative law—especially public participation, judicial review, and finality— can be implemented in ways that allow for more effective adaptive management. We present and explain draft model legislation (the Model Adaptive Management Procedure Act) that would create such a track for the specific types of agency decision making that could benefit from adaptive management.

Judicial control authority and third-party action as laid down in the Atomic Energy Law

International Nuclear Information System (INIS)

Degenhart, C.

1981-01-01

The author points out the fundamental complex of problems. From the 'undetermined' legal term of imperative prevention of damage as defined by Sect. 7 para. 2 (3) of the Atomic Energy Law follows the judicial claim for detailed analysis of facts in case of minor radioactive exposure under normal operation and in case of accident prevention. He discusses the relation of the Atomic Energy Law to the Basic Law and to the normative structure of the Atomic Energy Law. The re-orientation to be found in the judicial approach to control does recognize sanctuaries of the executive. Control density and the right of third parties to take action are closely interrelated. From the integration - according to subjective law and basic law - of the Atomic Energy Law into the realtionship existing between technological and cultural development, and the material relation of licences granted for nuclear installations follows a reduction of judicial control intensity, at least for the procedural constellation of third-party actions. (HSCH) [de

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…

Paradoxes of proof and punishment: Psychological pitfalls in judicial decision making.

NARCIS (Netherlands)

de Keijser, J.W.; van Koppen, P.J.

2007-01-01

Purpose. This study focuses on two psychological mechanisms that may inadvertently affect judges' decisions on proof of guilt and on punishment. It involves mechanisms that are clearly in conflict with formal judicial doctrine. One hypothesis, the conviction paradox, asserts that, faced with very

Consumer Benefits of Today's Digital Rights Management (DRM) Solutions. Hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary. House of Representatives, One Hundred Seventh Congress, Second Session (June 5, 2002).

Science.gov (United States)

Congress of the U.S., Washington, DC. House Committee on the Judiciary.

The Subcommittee on Courts, the Internet, and Intellectual Property, Committee on the Judiciary met, pursuant to call, at 2:15 p.m., in Room 2141, Rayburn House Office Building, to review the consumer benefits of today's digital rights management (DRM) solutions. The Honorable Howard Coble, a Representative in Congress from North Carolina and…

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

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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.

Poder Judicial, transparencia y participación ciudadana: reformas recientes en Argentina

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Álvaro Herrero

2014-06-01

Full Text Available Desde hace más de una década se discute en torno a los problemas de imagen y legitimidad que afectan a gran parte de los poderes judiciales de América Latina. En muchos países de la región –y esto no resulta novedoso– las encuestas indican de manera sostenida que los niveles de confianza de la ciudadanía en el sistema de justicia son preocupantemente bajos (ver informes de Latinobarómetro. Las causas detrás de este diagnóstico son múltiples: falta de independencia de los jueces, obstáculos para el acceso a la justicia, ineficacia del poder judicial para hacer frente a la inseguridad ciudadana y casos de corrupción judicial, entre otras.

Reflections on Judicial Views of uBuntu

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Chuma Himonga

2013-12-01

Full Text Available Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has become evident in the jurisprudence that encompasses customary law, eviction, defamation, and criminal law matters. This contribution explores the scope and content of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape. Two major epochs are highlighted in the development of ubuntu, marked by the constitutional decisions in Makwanyane and PE Municipality respectively. The former carved the central avenue of development for ubuntu, while the latter marked the start of the thematic development of the concept in the direction of restorative justice. Furthermore, the article engages critically with the use of ubuntu, with criticisms levelled against the conceptualisation of ubuntu as a legal notion, ranging from its ambiguity to its redundancy, to perceptions of dichotomies, and issues of exclusion. The paper also questions the manner in which the courts have applied the legal concept of ubuntu uncritically, without reference to African sources to illustrate its meaning in different contexts, and without questioning its compatibility with the Bill of Rights. Finally, it attempts to reveal the connections between ubuntu and the values underlying the Bill of Rights

Aggression, impulsivity, personality traits, and childhood trauma of prisoners with substance abuse and addiction.

Science.gov (United States)

Cuomo, Chiara; Sarchiapone, Marco; Giannantonio, Massimo Di; Mancini, Michele; Roy, Alec

2008-01-01

The aim of our study is then to analyze psychological and judicial features of a subgroup of inmates with substance abuse. Prisoners with substance abuse (n = 312) were compared to prisoners without substance abuse (n = 591). Recruited inmates completed a semistructured interview for collection of sociodemographic and judicial data and a battery of psychometric tests for assessement of aggression, impulsivity, depression, personality traits, hostility, resilience, and childhood trauma. Substance abusers had on average multiple incarcerations (78.8%), more juvenile convictions (60.2%), more violent behaviors during detention (29.8%), and a history of one or more suicide attempts (20.8%). They also had higher scores on subscales for childhood trauma, higher scores for psychoticism and neuroticism, higher impulsivity levels, worse resilience, increased hostility, and prevalent suicidal ideation. Prisoners with substance abuse constitute a subgroup with increased judiciary and psychiatric issues, possibly due to early life history and psychological characteristics, such as high impulsivity and aggressiveness, poor resilience, and higher suicidal risk.

Superfund TIO videos. Set B. Basics of administrative law, and prp search process: PRP search, information exchange and access. Part 3. Audio-Visual

International Nuclear Information System (INIS)

1990-01-01

The videotape is divided into two sections. Section 1 identifies the various types of administrative hearings, including quasi-legislative, quasi-judicial, and hybrid types. Section 2 provides an overview of the PRP search process; explains how and when to issue Section 104(e) letters and administrative subpoenas; outlines the enforcement authorities available in cases of non-compliance; and describes the types of information that can be released to PRPs

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

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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.

The Motivation of Judicial Judgments in Demands of Medications in the Context of the Crisis of Bourgeois Legality

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Ariadi Sandrini Rezende

2015-12-01

Full Text Available The provision of free medicines to the population for the treatment of diseases is regulated by Decree No. 7,508/2011, which created the National List of Essential Medicines. A problem occurs when it is asked how judges should proceed in demands of medication when the drugs desired are not in the list. It is necessary to confront the dogma that law is the law and, therefore, to demonstrate the requirements that the contemporary legal phenomenon requires for the foundations of judicial decisions when them talk about social rights. It is depicted the rise of the idea of legality within the bourgeois state. Three problems that led to the crisis of this political model of law are exposed. It is shown the process of constitucionalization of the social rights with the reform of the liberal state and, therefore, the consolidation of the desire to control the legislative political power and the legality. It is exposed how the judicial activity can consolidate the reform initiated by the constitutionalization of social rights when obstacles imposed against its effectiveness are exceeded by the judge. It will be shown the anachronism of merely loyalist decisions which deny provisionses in judicial demands of medications based on dogmas of nineteenth-century liberal state. It will be exposed the needs of serious judicial decisions which wonder about the role of the welfare state and judicial activity in the contemporary context.

The Separation of Powers and the Judicial Functions in John Locke, Montesquieu e Hamilton, Madison e Jay.

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Maurício Pires Guedes

2015-12-01

Full Text Available Currently there are emerging on the world political scene several movements that search for the foundation of a new philosophical paradigm related to new techniques of constitutional hermeneutics. This movement is the result of a long historical and political development whose immediate bases are directly attached to the consolidation of the modern state. This paper pretend to study the separation of powers, of diverse cultural matrices, from the judiciary function view, pretending to show these influences. From the perspective on history and law experience, these are the parameters we pretend to study, trying, at the end, an adequate understanding of institutional reality in which we live today.

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

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Luciano Mangueira Trevisan

2015-05-01

Full Text Available 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.

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

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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.

Management Of Public Business And The Resolution Extrajudicial Of Conflicts In Face Of Public Administration Management

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Lara Caxico Martins Miranda

2016-12-01

Full Text Available Withthe global socio-economiccrisis in the 1980s, therehasbeendiscussionaboutthe role ofthestate in the face ofpublic-privaterelationships. The criticismsofthe reality ofthe time, in Brazil, stands out theremnantsofpatrimonialistpublicadministrationandtheexcessesofbureaucracy. Bresser Pereira in theworks (1998, 2005, 2009, bringsstudiesonthepossibilitiesof Management PublicAdministration. Thisresearchistoconsidersuchgrounds in the face ofthecurrentpossibilitiesof management ofconflicts, in publicaffairs, non-judicial waysofarbitration (Law 9.307/96 and 13.129/15 andselfcomposition (Law 13.140/15.

DEBT SECURITIES, SECURITIES IN THE NEW CODE OF CIVIL LAW – THE NEED OF JUDICIAL DISAMBIGUATION

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Eugenia Florescu

2012-11-01

Full Text Available A large part of the wealth is invested in securities, which circulate through documents or specific scriptural records that are located in the memory of the computer. These magnetic or paper-made „supports”, received different names, in law and in doctrine: debt securities, securities, negotiable instruments or commercial securities, equity securities, bearer bonds, financial instruments, transferable securities, stocks, bonds, bill, promissory note, check, et al. These expressions used by the New Code of Civil Law were assumed tale quale from the specialized language of commercial law, without any concern for explaining the foundation and judicial meaning of these legal institutions, and eliminate the ambiguity in this matter. Under such conditions, the analysis is to identify the criteria under which the judicial genre will separate from the judicial species in relation to the law and jurisprudence of the European Union and/or to the regulations specially adopted at national level, over time.

The Relevance of Criminal Courts in the Global South

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Pablo Leandro Ciocchini

2017-12-01

Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

ENTRE A TÉCNICA E A EFETIVIDADE: O ATIVISMO JUDICIAL COMO INSTRUMENTO DE GARANTIA DOS DIREITOS FUNDAMENTAIS

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Raphael de Souza Almeida Santos

2013-05-01

Full Text Available Considerando o déficit na materialização efetiva das políticas públicas nacionais, torna-se necessária uma reflexão sobre a atuação do Poder Judiciário numa sociedade Pós-Positivista aonde o fenômeno do ativismo judicial vem ganhando a simpatia do jurisdicionado quando da concreção dos Direitos Fundamentais num cenário dominado por uma teoria processualista democrática que prima pelo tecnicismo dos atos judiciais. Ao restarem esboçados os entraves e riscos provenientes da seletividade dos magistrados pelo protagonismo judicial, é que poderá se vislumbrar a função social de tal fenômeno numa perspectiva humanitária através de detida análise no texto que se apresenta.

Openness of Economy, Foreign Investment Inflows and the Phenomenon of Rent Seeking Corruption

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Syed Toqueer Akhter

2015-08-01

Full Text Available Rent seeking behavior has been amongst noticeable obstacles in path of economic growth and development for developing communities. Due to this the study aims at testing the hypothesis that the Rent seeking behavior among bureaucracy is being influenced by the openness of economy as well as inflows of foreign investment significantly. Model estimations imply that reforms may have an insignificant impact upon impact upon curtailing the rent seeking behavior among bureaucracy in a time series setting therefore this research will use two statistical econometric models to show the effect of corruption on the foreign direct inflow received in Pakistan. In order to pretest the impact of all the mentioned variables on rent seeking behavior generalized least square was used because its results were unbiased, consistent and the problem of Serial correlation was solved by using it. In order to quantify rent seeking behavior among bureaucracy different aspects of misuse of public offices appearing in form of petty and grand corruption were used using the variables informal sector, tax evasion, judicial outlay, G.D.P and F.D.I as percentage of G.D.P. All of the variables had proper signs aligned with the theory and all of the variables appeared to be significant except judicial outlay proving that the judiciary has been incompetent and ineffective. The robust regression showed all the same signs except in it every variable was appearing to be significant. Rent seeking corruption has been highly affecting Pakistan in adverse ways and this paper will show how many factors like judiciary is not playing effective role in limiting corruption and also how the economy is being affected by rent seeking behavior.

A proposal for amending administrative law to facilitate adaptive management

Science.gov (United States)

Craig, Robin K.; Ruhl, J. B.; Brown, Eleanor D.; Williams, Byron K.

2017-07-01

In this article we examine how federal agencies use adaptive management. In order for federal agencies to implement adaptive management more successfully, administrative law must adapt to adaptive management, and we propose changes in administrative law that will help to steer the current process out of a dead end. Adaptive management is a form of structured decision making that is widely used in natural resources management. It involves specific steps integrated in an iterative process for adjusting management actions as new information becomes available. Theoretical requirements for adaptive management notwithstanding, federal agency decision making is subject to the requirements of the federal Administrative Procedure Act, and state agencies are subject to the states’ parallel statutes. We argue that conventional administrative law has unnecessarily shackled effective use of adaptive management. We show that through a specialized ‘adaptive management track’ of administrative procedures, the core values of administrative law—especially public participation, judicial review, and finality— can be implemented in ways that allow for more effective adaptive management. We present and explain draft model legislation (the Model Adaptive Management Procedure Act) that would create such a track for the specific types of agency decision making that could benefit from adaptive management.

¿Puede demandarse el Divorcio, cuando ya se ha debatido y resuelto judicialmente la Separación Judicial?

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Jorge Baraona González

2005-01-01

Full Text Available El presente trabajo se plantea el efecto que tiene una sentencia que se ha pronunciado sobre una separación judicial en la nueva Ley de Matrimonio Civil, de cara a la posibilidad de iniciar, fundado en los mismos hechos, un juicio de divorcio. El autor concluye que la sentencia judicial que decreta la separación tiene un efecto preclusivo sobre la futura acción de divorcio intentada por los mismos hechos. En el artículo se revisa la historia de la de aprobación de las normas y se analiza el panorama en derecho comparado, en países en que existe tanto separación como.This paper examines the effect of a judicial resolution that has accepted the separation, according to the new Ley de Matrimonio Civil, in relation with the possibility to begin a divorce trial in the future, pleading the same facts. The author concludes that the judicial resolution has precluded the divorce action supported in the same facts. The paper offers the approving history of the Act and a comparative law survey, in the countries that have in their marriage law, separation and divorce.

Property Rights and Functioning of Judicial System in Kosovo as a Preconditions for Economic Development of the Country

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Haxhi Gashi

2017-08-01

Full Text Available The issues related to property rights and their protections are deeply complex ones that affect the life of all citizens of Republic of Kosovo. Even though, improvements on the functioning of judicial system in Kosovo are evident in recent years, continuous challenges regarding judicial affectivity and efficiency as well as independence, continue to impact negatively upon the rule of law and access to justice in Kosovo. Therefore this has direct impact on implementation of some of basic international human rights standards in the field of property rights. Furthermore, these challenges in the field of property rights and rule of law have direct impact on the foreign investments and economic development of the country. This paper will try to address some of main challenges that Kosovo judicial system is facing, in particular related to protection of property rights as well as challenges on functioning of civil judicial system in Kosovo. These challenges have other effects on investments and welfare of society, creating barriers for a proper economic development of the country and therefore producing uncertainty among population and creating the idea of migration in order to seek new opportunities.

[Evaluation of Articles 33 and 59, of the Code of Deontology of Doctors in Catalonia (2005), judicially annulled].

Science.gov (United States)

Collazo Chao, Eliseo

2009-01-01

At the end of the year 2004, the Autonomous Conseil of the Medical School in Catalonia (Spain) approved its Deontology Code. The articles 33 and 59 were then judicially resorted by more than one hundred doctors in Catalonia; nowadays those articles themselves have been annulled by judicial sentence. This research aims to accomplish a valuation ethical and deontological of the annulled articles, according to the statutes.

39 CFR 962.21 - Appeal of initial decision to judicial officer.

Science.gov (United States)

2010-07-01

... request for an extension within the initial 30-day period and demonstrates good cause for such extension... is material and that there were reasonable grounds for the failure to present such evidence, the... issued unless a petition for judicial review is filed. [52 FR 12904, Apr. 20, 1987, as amended at 67 FR...

The Role of Communication in the French Judicial System

OpenAIRE

Emmanuel Jeuland; Anastasia Sotiropoulou

2012-01-01

Communication has recently acquired a central role in the French judicial system. Being an integral part of the management of courts, it is crucial in building the image of justice, as it can affect procedural principles, in particular, the principles of impartiality and of reasonable time. A good image of justice promotes the appearance of efficiency and impartiality. Justice has not only to be fair, but also to be seen as such, according to the well-known proverb.

Juicios paralelos y Constitución: su relación con el Periodismo

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Abraham Barrero Ortega

2002-01-01

Full Text Available Los medios de comunicación desempeñan funciones de vital importancia en el estado democrático contemporáneo. Una de las más trascendentes es la de velar por la legitimidad democrática del poder judicial o, lo que es lo mismo, controlar que las decisiones judiciales se ajusten a la ley. Lo que ocurre es que, al informar sobre asuntos sub iudice, los medios pueden inducir en la opinión pública un veredicto anticipado de culpabilidad de una persona, con grave menoscabo de sus derechos fundamentales a la defensa, al honor y a la presunción de inocencia. A nadie se le oculta la negativa influencia que el juicio paralelo puede ejercer sobre la investigación judicial en curso y sobre la independencia e imparcialidad de los jueces profesionales o de los jurados. El presente artículo analiza las posibilidades que ofrece nuestro ordenamiento jurídico en orden a la solución de estos conflictos entre la libertad de información y las reglas de funcionamiento de la administración de justicia, prestando una especial atención a los mecanismos de autocontrol ensayados por los profesionales de la información.ABSTRACT “When media act as a judge” Media play an essential role in the contemporary democratic state. One of their most important functions is that which consists on surveying the democratic legitimacy of judiciary. They are instruments of popular control over judicial decisions. However, while media are reporting “sub iudice” matters they might be persuading people to believe in the guilt of a person before being condemned. As a result, they might be violating rights such as presumption of innocence, defence and honour. Furthermore, a parallel or simultaneous judgement in the media might exercise a negative influence on the trial and injure the independence and impartiality of the judges and the jury. Finally, sometimes they might interfere in the judicial investigation. This article analyses the solutions that have been tried in

Jurisdição constitucional e legitimidade (algumas observações sobre o Brasil

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Paulo Bonavides

2004-08-01

Full Text Available DUAS são as condições da justiça constitucional: uma de caráter jurídico-formal (teórica; outra de caráter político-substancial (pragmática. Cresce a relevância do controle da constitucionalidade, pois ela é uma premissa da democracia. Daí a necessidade do estabelecimento de uma instância neutra, mediadora e imparcial dos conflitos constitucionais. Toda legitimidade em matéria constitucional é mais política que jurídica. No Brasil, o Poder Executivo busca fazer o controle da constitucionalidade cada vez mais no interesse do grupo governante e cada vez menos no interesse da ordem constitucional. Disso resultam as Medidas Provisórias que, com freqüência, ferem princípios constitucionais da essência do sistema. Graves reparos à independência e à legitimidade da justiça constitucional no país giram ao redor de dois pontos cruciais: a pelo presidente da Repœblica e a necessidade de desmembrar do Poder Judiciário a corte de justiça que exerce o papel de guarda da Constituição. A crise do Judiciário brasileiro tem sido em grande parte a crise do Supremo Tribunal Federal.CONSTITUCIONAL justice comprises two conditions: one with a judicial-formal character (theoretical, the other of political-substantial character (pragmatic. The preservation of constitutionality, being a premise of democracy, becomes ever more relevant, and gives rise to the need of establishing a neutral and impartial court to mediate constitutional conflicts. Legitimacy in constitutional issues is altogether more political than judicial. In Brazil, the Executive Branch increasingly seeks to preserve constitutionality in the interests of the governing group, rather than for the sake of constitutional order. This leads to the so-called Provisional Executive Orders, which frequently go against constitutional principles of the system's essence. Grave cautionary warnings regarding the independence and legitimacy of the country's constitutional justice

The Acceptance of Court Judgments: the Influence of Procedural and Distributive Justice : Explaining a citizen’s choice to appeal in administrative legal procedures

NARCIS (Netherlands)

Boekema, I.M.

2014-01-01

The research aims to shed light on citizens’ perceptions of judicial procedures by focusing on the appeals procedure in administrative law. Especially, the study tries to clarify which motives might underlie an appeal by a citizen after a negative judgment by the court of first instance. Why does

The Role of Communication in the French Judicial System

Directory of Open Access Journals (Sweden)

Emmanuel Jeuland

2012-12-01

Full Text Available Communication has recently acquired a central role in the French judicial system. Being an integral part of the management of courts, it is crucial in building the image of justice, as it can affect procedural principles, in particular, the principles of impartiality and of reasonable time. A good image of justice promotes the appearance of efficiency and impartiality. Justice has not only to be fair, but also to be seen as such, according to the well-known proverb.

Public Politics of Health and Aspects of its Judicialization

OpenAIRE

Rafael Fernando dos Santos; Angelina Cortelazzi Bolzam

2015-01-01

This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed...

Media Exposé of Judicial Corruption in Ghana: Ethical and Theological Perspectives

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Adwoa S. Amankwah

2017-05-01

Full Text Available Article 162, subsection 5, of the 1992 Constitution of Ghana state s that “all agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana”. Using this constitutional provision that gives the media the power to serve as one of the agents to ensure accountability, this article discusses the media exposé of judicial corruption in Ghana by using the recent video evidence of the investigative journalist, Anas. The article considers issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. It posits that those who pervert justice through corrupt practices, will eventually be named and shamed. The article concludes t hat when the media play their role by respecting high journalistic standards, the cause of justice will be served.

Media Exposé of Judicial Corruption in Ghana: Ethical and Theological Perspectives

Directory of Open Access Journals (Sweden)

Adwoa S. Amankwah

2017-05-01

Full Text Available Article 162, subsection 5, of the 1992 Constitution of Ghana state s that “all agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana”. Using this const itutional provision that gives the media the power to serve as one of the agents to ensure accountability, this article discusses the media exposé of judicial corruption in Ghana by using the recent video evidence of the investigative journalist, Anas. The article considers issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. It posits that those who pervert justice through corrupt practices, will eventually be named and shamed. The article concludes t hat when the media play their role by respecting high journalistic standards, the cause of justice will be served.

Arbitration and Judicialization

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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.

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.

Reasons for omission of enforcement of an administrative judge's verdict and means of legal protection

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Alen Rajko

2015-01-01

Full Text Available Besides general repercussions of an omission of enforcement of court decisions on the protection of the rights of the parties and on the functioning of the legal system, such an omission in the administrative dispute has additional implications, related primarily to the realization of the constitutional guarantee of judicial review of administrative decisions, the concept of separation of powers, construction of a democratic state, etc. After general considerations of the matter of enforcement of court decisions, the author analyzes the normative framework of the enforcement of judgments of the administrative courts, as well as the evolution of this framework, points out the open questions regarding mentioned regulation, as well as the means of legal protection in case of an omission of enforcement of the verdict.

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

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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

Internação psiquiátrica e ordem judicial: saberes e poderes sobre adolescentes usuários de drogas ilícitas Internación psiquiátrica y orden judicial: saberes y poderes sobre adolescentes usuarios de drogas ilícitas Psychiatric internments and judicial orders: knowledge and power with regard to drug-abuse young people

Directory of Open Access Journals (Sweden)

Andrea Cristina Coelho Scisleski

2008-09-01

Full Text Available Este artigo analisa a internação psiquiátrica compulsória destinada a adolescentes usuários de drogas que vivem em situação de marginalidade social, a partir de uma pesquisa de mestrado no Programa de Pós-Graduação em Psicologia Social e Institucional/UFRGS, realizada em um hospital psiquiátrico público na cidade de Porto Alegre/Brasil. O objetivo do estudo é investigar como a internação psiquiátrica, nesses moldes, é produzida, levando em conta as trajetórias sociais dos adolescentes. A discussão reside em debater a internação psiquiátrica compulsória no encaminhamento de adolescentes aos serviços de saúde, pondo em questão seus efeitos no campo das políticas públicas e nos processos de subjetivação. Conclui-se que a ordem judicial nos encaminhamentos à internação psiquiátrica pode funcionar tanto como uma forma de punição aos adolescentes quanto como um meio de acesso aos serviços de saúde.Este artículo analiza la internación psiquiátrica por determinación judicial direccionada a adolescentes usuarios de drogas ilícitas, que viven en situación de marginalidad social, desde una investigación de Maestría en "Programa de Pós-Graduação em Psicologia Social e Institucional/UFRGS", realizada en un Hospital Psiquiátrico público en la ciudad de Porto Alegre/Brasil. El objetivo de este estudio es investigar como la internación psiquiátrica es producida de esa manera, llevando en cuenta las trayectorias sociales de los adolescentes internos. La discusión reside en debatir la internación psiquiátrica por determinación judicial en encaminamiento de adolescentes a los servicios de salud, cuestionando sus efectos en el campo de las políticas públicas y en los procesos de subjetivación que afectan la vida de esos pacientes. Se concluye que la determinación judicial en los encaminamientos a la internación psiquiátrica puede funcionar tanto como una manera de punición a los adolescentes como tambi

Units for the protection of child victims and witnesses in the criminal proceedings: Domestic legislation and practice

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Milosavljević-Đukić Ivana

2017-01-01

Full Text Available Republic of Serbia has invested maximum efforts in adjusting national legislation with the international legal framework, as well in fulfilling its obligations foreseen in relevant international documents, including the Child Rights Convention. The purpose of this paper is to present Units for the Protection of Child Victims and Witnesses in the Criminal Proceedings that were developed within the IPA project “Improvement of Children's Right through the System of Justice and Social Protection in Serbia”, funded by the EU, and implemented by the UNCEF in cooperation with the Ministry of Justice and Ministry of Labour, Employment, Veteran and Social Policy of the Republic of Serbia. The project was implemented from August 2014 to March 2017. The purpose of the Units is to ensure the best interest of children in situation when a child is identified as a victim or a witness of a crime and appears in the criminal or other court procedure. In this way, the state protects children who are important and infallible part of judicial proceedings from secondary victimization and traumatisation, given that the processes within institutions inevitably reflect on mental state of a child. Units were established in four cities: Belgrade, Niš, Novi Sad, and Kragujevac, and they operate at the regional level. This enables that all children, even those in rural areas, will be provided with adequate assistance and support during preparations for the hearing, during criminal proceedings, as well as in its aftermath. The role of the Units is multiple: along with the support to children, it also includes support to the judiciary agencies since the hearing may be performed with a help of professional personnel, psychologist, pedagogue or social worker. Since the members of the Units are trained for conducting forensic interviews according to the Protocol of the National Institute of Child Health and Human Development, their involvement by the judiciary becomes even

Internacionalização e ativismo judicial: causas políticas e causas jurídicas na década de 90 e 2000 Internationalization and judicial ativism: political and legal causes in the 90' and 2000

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Fabiano Engelmann

2007-08-01

Full Text Available Pretende-se fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência de advogados engajados na representação judicial de causas coletivas. São analisadas duas dimensões: a primeira expõe um panorama exploratório das causas coletivas no cenário nacional e internacional; a segunda aborda casos representativos de promoção de causas na década de 90 e 2000. Estas duas dimensões permitem avançar a hipótese de que a redemocratização política e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial.The article intends to supply with elements the analysis of the relation between the phenomenon of internationalization of Law and the emergency of lawyers engaged in the judicial representation of collective causes. Two dimensions are analyzed. A first one displays a exploratory panorama of the causes in the national and international scene. One second dimension of analysis approaches representative cases of promotion of causes in the decade of 90 and 2000. These two dimensions allow to advance the hypothesis of that the political redemocratization and the constitution of international nets of circulation of political and legal causes contribute for the definition of the profiles of judicial ativism.

La ética judicial en la regulación del matrimonio igualitario

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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

The gendered effects of family migration law: contextual interpretation as a possible judicial remedy

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Fulvia Staiano

2016-06-01

Full Text Available At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unviable family-related models (e.g., the ʻgood mother ̕ the one-breadwinner family, or a rigid distinction between productive and reproductive work. In other cases, they are due to family migration law’s overlooking of the specific needs and difficulties of immigrant women, within their families and in the broader context of their host countries’ social and normative framework.To effectively expose and correct this gender bias, in this article I propose an alternative view of immigrant women’s right to family life, as a cluster of rights and entitlements rather than as a mono-dimensional right. As a theoretical approach, this construction is better equipped to capture the complex experiences of immigrant women in the European legal space, and to shed light on the gendered effects generated not by individual norms but by the interaction of norms that are traditionally assigned to separated legal domains (e.g., immigration law and criminal law. As a judicial strategy, this understanding is capable of prompting a consideration by domestic and supranational courts of immigrant women not as isolated individuals, but as ‘individuals in context’. I shall define this type of approach as ‘contextual interpretation’, understood as the consideration of immigrant women in the broader contexts of their families, their host societies and the normative frameworks applicable to them. Performed in a gendersensitive manner, a contextual judicial interpretation has the potential to neutralize the gendered effects of certain family migration norms. To illustrate these points, I will discuss selected judicial examples offered by the European Court on Human Rights, as well as from domestic jurisdictions of

Enforcement and judicial review

International Nuclear Information System (INIS)

Anon.

1991-01-01

The 1990 Amendments to the enforcement provisions of the Clean Air Act generally give the Administrator and the courts broader powers to enforce the substantive provisions of the Act. The changes include wider applicability of civil sanctions, increased criminal penalties, broader emergency powers, broader inspection powers, and increased citizen involvement in enforcement and administrative decisionmaking. Another significant change is the addition of an administrative penalty scheme that would allow EPA to use streamlined procedures to assess administrative penalties of up to $200,000 (or more, in some cases). Furthermore, the Amendments extend the prohibition against entering into government contracts with violators to other facilities owned or operated by the convicted person. This chapter summarizes the statutory enforcement provisions of the Clean Air Act. It covers the new civil and criminal enforcement provisions, the new administrative penalty scheme, and the new provisions allowing broader public involvement in enforcement proceedings

Responsibility of the administration and control by the courts

International Nuclear Information System (INIS)

Papier, H.J.

1987-01-01

This contribution examines the scope of control of the administrative courts by closer looking at the field of tension between the demand for more protection of the individual's right, and for more indicial control on the other hand. One proposal for solving the problem is that the legislature might restrict judicial control to watching over the principle of justifiability, and there are other suggestions discussed that seek solutions in the field of procedural law, or substantive law. Other aspects discussed include a curtailment of the scope of discretion of authorities, or of local governments. As for years now there hasn't been any nuclear power plant that could start operation on the basis of uncontested licences, the administrative legal protection in this field seems to be disfunctional. The courts themselves can contribute a lot to preventing disfunctionality, but the legislature is mainly responsible for this development, and should be the first to counteract. (HSCH) [de

Extra-Judicial Complaints Review: First Experiences of the Dutch Public Procurement Experts Committee

NARCIS (Netherlands)

Jansen, C.E.C.; Janssen, J.G.J.; Muntz-Beekhuis, J.S.

2014-01-01

Article 4.27 of the Dutch Public Procurement Act 2012 (‘Aanbestedingswet’) provides for a statutory basis for extra-judicial public procurement complaints review by an independent body: The Public Procurement Experts Committee (‘Commissie van Aanbestedingsexperts’), hereinafter referred to as: ‘the

MONEY LAUNDERING AS AN ISOLATED PHENOMENON AND LEADING FACTOR IN WHITE-COLLAR CRIMINALITY, PUTS MOLDOVA CASE JUDICIARY ON THE SPOT

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Jacob RUB

2015-11-01

Full Text Available Money laundering is a leading factor in white-collar criminality, with a big effect upon Gross National Product of the Israeli and Moldova economies. Israel and Moldova have made the first steps In order to cope with money laundering phenomenon. The model of handling the phenomenon in the USA has been studied that constitutes a role model of fighting money laundering. The vast majority (77% of all frauds were committed by individuals working in one of six departments: accounting, operations, sales, executive/upper management, customer service and purchasing. In Moldova, money laundering for the most part is connected to traditional forms and activities sources of illegal proceeds .Moldova is a transit country for money laundering. A money-laundering scandal is casting Moldova’s judiciary in an unfavorable light and is raising concerns about the government’s commitment to reforms needed to keep European Union integration on track. It is a need to address corruption as a national priority, and the priority of the relations between the EU and Moldova. The money laundering scandal indicates that Moldova is reluctant to wade deeply into judicial reform. In fact, the laundered of $20 billion, is an amount more than twice the size of Moldova’s GDP in 2013, and may be that it is just the tip of the iceberg, probably. White-collar criminality in Israel and Moldova means success of coping of the enforcement and judicial systems. In order to cope with this phenomenon, Israel makes its first steps. Anyway, the message must pave the way through a creation of a new model for dealing with reduction the isolated phenomenon of money laundering in both states.SPĂLAREA DE BANI, UN FENOMEN IZOLAT ŞI UN FACTOR IMPORTANT ÎN CRIMINALITATEA GULERELOR ALBE, PUNE PRACTICA JUDICIARĂ DIN REPUBLICA MOLDOVA INTR-O SITUAŢIE DIFICILĂSpălarea de bani este un factor important în criminalitatea gulerelor albe, având un efect semnificativ asupra produ-sului na

CONFORMACIÓN DEL PODER JUDICIAL EN COLOMBIA A PARTIR DE LAS CONSTITUCIONES PROVINCIALES COMPRENDIDAS EN EL PERIODO DE 1810-1821

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Omar Antonio Herrán Pinzón

2011-01-01

sintetiza en las circunstancias que ha vivido el pueblo Colombiano en el desarrollo constitucional del poder judicial en Colombia. Si se afirmase que no es posible una democracia sin un poder judicial democrático donde éste vele por el respeto de las libertades de los individuos en forma tal; el Estado tendría la obligación de proteger y respetar la organización estatal en la división de poderes como un proyecto jurídico - político en desarrollo en las constituciones provinciales. Es decir, si no hay una estructura institucional que permita el ejercicio judicial de la solución de conflictos en forma autónoma e independiente, se terminaría en un mero enunciado institucional.

The Judicialization of Health and the Quest for State Accountability: Evidence from 1,262 Lawsuits for Access to Medicines in Southern Brazil

Science.gov (United States)

Socal, Mariana P.; Amon, Joseph J.

2016-01-01

Abstract The impact of increasing numbers of lawsuits for access to medicines in Brazil is hotly debated. Government officials and scholars assert that the “judicialization of health” is driven by urban elites and private interests, and is used primarily to access high-cost drugs. Using a systematic sample of 1,262 lawsuits for access to medicines filed against the southern Brazilian state of Rio Grande do Sul, we assess these claims, offering empirical evidence that counters prevailing myths and affirms the heterogeneity of the judicialization phenomenon. Our findings show that the majority of patient-litigants are in fact poor and older individuals who do not live in major metropolitan areas and who depend on the state to provide their legal representation, and that the majority of medicines requested were already on governmental formularies. Our data challenge arguments that judicialization expands inequities and weakens the universal health care system. Our data also suggest that judicialization may serve as a grassroots instrument for the poor to hold the state accountable. Failing to acknowledge regional differences and attempting to fit all data into one singular narrative may be contributing to a biased interpretation of the nature of judicialization, and limiting the understanding of its drivers, consequences, and implications at local levels. PMID:27781011

14 CFR 406.179 - Judicial review of a final decision and order.

Science.gov (United States)

2010-01-01

... order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... with a United States district court. (b) In accordance with § 406.9(e)(iv), if a person seeks judicial... civil penalty and does not file an appeal with the United States district court within 60 days after...

Internacionalização e ativismo judicial: causas políticas e causas jurídicas nas décadas de 1990 e 2000 International and judicial activism: political and juridical causes in 1990 and 2000’s

Directory of Open Access Journals (Sweden)

Fabiano Engelmann

2007-06-01

Full Text Available Pretende-se fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência 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. Uma segunda dimensão de análise aborda casos representativos de promoção de causas nas décadas de 1990 e 2000. Estas duas dimensões permitem avançar a hipótese de que a redemocratização política e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial.The article intends to supply with elements the analysis of the relation between the phenomenon of internationalization of Law and the emergency of lawyers engaged in the judicial representation of collective causes. Two dimensions are analyzed: a first one displays a exploratory panorama of the causes in the national and international scene. One second dimension of analysis approaches representative cases of promotion of causes in the decades of 1990 and 2000. These two dimensions allow to advance the hypothesis of that the political redemocratization and the constitution of international nets of circulation of political and legal causes contribute for the definition of the profiles of judicial activism.

Reference to Foreign Law in the Supreme Courts of Britain and the Netherlands: Explaining the Development of Judicial Practices

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Elaine Mak

2012-05-01

Full Text Available How do judges decide cases in a globalised legal context, characterised by the increased interconnections between legal systems and between actors in these legal systems? In this article, firstly, four types of variables (constitutional, institutional, organisational, and personal which influence judicial practices are described, and it is shown how these variables shape the judicial decision-making of the highest courts in liberal-democratic legal systems. Secondly, the specific development of the use of foreign law in the Supreme Courts of the UK and the Netherlands is analysed in light of the identified variables. In this way, some general insights are provided into the development of judicial decision-making under the effects of globalisation, and it is made clear what the national highest courts can and may do in the specific context in which they are functioning.

Scope and limitations of due process in administrative proceedings

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Bernardo Carvajal Sánchez

2010-12-01

Full Text Available In order to explain in a better way the scope of Due Process in Administrative Law as a legal norm whose respect is essential to all government agencies, three points of view (formal, structural and material are proposed. Those items seem useful to understand “Administrative Due Process” in all its dimensions: as a constitutional norm developed by the enactment of laws and decrees; as a principle inspiring some conducts and new norms; and as an objective and subjective fundamental right. On the other hand, it is shown that Administrative Due Process is not an absolute rule because in some cases its full application is subject to normative relativism. Two opposite trends can be perceived at this point: in the first place, government agencies usually do not act the same way judges do, so Administrative Due Process should be distinguished from Judicial Due Process; therefore, it could actually have a more restricted scope. In the second place, some administrative authorities are nowadays playing a role more or less similar to what judges do. This means that new procedural guarantees will be claimed. In any case, admitting valid limitations to Administrative Due Process leads to the quest of the limits of these limitations. The application of the rule of Due Process cannot be totally suppressed; its scope cannot be completely reduced. This is the result of its fundamental nature as a legal norm that ensures justice and equity in all administrative procedures, and proscribes random decisions.

Judicial aspects of emission trade. Emission trade in the European Union

International Nuclear Information System (INIS)

Van Beuge, M.J.J.

2004-01-01

Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In part 1 attention was paid to the international judicial basis for the present climate policy. In this article an overview is given of developments with regard to emission trade in the European Union [nl

Judicialization of health and contributions of the Norman Daniels’ Theory of Justice

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MACHADO, Teresa Robichez

2015-07-01

Full Text Available The judicialization of health generates debate in various areas of knowledge, with particular contri-butions from legal experts, doctors, and policymakers. Because of the diversity of those involved, several topics are considered. Some studies highlight positive arguments for the judicialization of health, whereas others defend the need for establishing criteria for or limitations to judicial action. Furthermore, others still report concerns over the possible negative consequences of this process. In order to offer an analysis on this topic, this study provides a review of the literature and adopts the theoretical instrument by Norman Daniels, who proposes a reflection on the needs for health and the ways in which these needs can be met, the moral importance of health and the inequalities in health to be an injustice. In conclusion, it can be affirmed that some of these studies defended in the Brazilian national debate cannot be sustained in light of the data presented herein. Throughout Norman Daniels’ thoughts on the Theory of Justice in terms of questions of health, it can be deduced that, in the Brazilian debate, there are few conflicts over the moral importance of the topic; in addition, not much is known about the second aspect of the theory, which is the reflection when inequality in health can be considered unjust. It is therefore proposed that Daniels’ theory adds two important points to the national debate. The first involves the need to place health problems within a greater reflection in public policy. The second, which involves the need to establish limits to meeting health demands, fits into a public policy that seeks to better meet the needs of the population, which is not a simple cost-benefit assessment.

Slavic anthroponyms in the judicial decisions of Demetrios Chomatenos

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Dželebdžić Dejan

2006-01-01

and very probable for the family of Ljutovojs (Litobonz from Skoplje (59. People with double names are usually persons of some importance, members of local aristocracy, imperial clerks or high representatives of the clergy, which is indicated by the fact that their names are often preceded by epithets like megaliphaestatoz, pansebastoz sebastoz, kyr or by administrative titles like archōn. Family names are usually not grammatically different from personal names, mostly because it was common to simply take a personal name of an ancestor as the family name without further modifications, just like in Byzantine families. Chomatianos' judicial decisions yield only two derived family names, both formed from a Slavic stem with the Greek suffix -poyloz (Bogdanopoyloz, Serbopoyloz. Family names among the Slavs are attested at the same period in Dalmatian towns, whereas they are virtually unknown in the areas predominantly inhabited by Serbs, as evident from the Chrysobulls of Decani and other Serbian medieval documents.

The Imperious Need of Change Of Law 6.015/1973: A Record Public Regarding Transsexuality and the Right to Social Name Without the Power of Judicial Assistance

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Antonio José Mattos do Amaral

2015-12-01

Full Text Available Comes this study on changing the legal name of origin by social behalf of transgender individuals, without the need for judiciary intervention. To this end, it is imperative to change the art. 58 of Law 6.015/1973 - Laws of Public Records. Justified this amendment by the legislative admissibility already portrayed by the State in the use of the social name by transsexuals, to identify themselves various situations, including in public bodies and activities. Depicts the brief study the problem of discrimination suffered by these people in their daily lives, embedded in a society where intolerance and discrimination permeate the social fabric, fueling abuses and promoting the kick man on his journey. Relevant is the subject of analysis, as regards the conquest of rights by transgender individuals and the consequent non-discrimination in society of sexual freedoms, combined with the change in their marital name for the social name as well as the identification of sex without that to it have that bail laws that dignify man and the Judiciary. Still, due to the subject, it shows the need for without the need for transsexual name change to undergo a sex reassignment process on the grounds that such a procedure is not necessary to register peace and comfort in their transgender status.

Evaluation of prescriptions authorized between 2010 and 2011 through judicial protection in Bogotá

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Alfredo Portilla-Pinzón

2016-10-01

Conclusions: Therapeutic rationality issues are evident in prescription drugs ordered by judicial protection, which may involve greater risks to the health of patients. A more rigorous scientific advice is recommended in order to avoid possible interactions and therapeutic duplications.

The Administrative Consensuality and the Preparation of Clinical Protocols and Therapeutic Guidelines Within the Framework of The Public Health System

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Clarissa Sampaio Silva

2016-12-01

Full Text Available This article deals with the need for the Public Administration rescue his decision spaces in relation to the realization of the right to health, as opposed to excessive judicialization. Based on doctrinal and legislative research seeks to demonstrate that the consensuality, new aspects of administrative action, has importance for the development, under the Public Health System, scientific medical consensus, which recommended observance in statements of the National Justice Council . The increase of social participation in the adoption of those guidelines and the opening of institutional dialogue to discuss certain cases can reduce recourse to the courts.

CORRUPTION IN NIGERIA: A CALL FOR AN AGGRESSIVE LEGAL ...

African Journals Online (AJOL)

Fr. Ikenga

The role of the Executive, the Judiciary and the Parliament in nation building and in ..... of parliamentary role in combating corruption vide control of public finance ... Administrative and executive heads as well as the chief accounting officers of ...

THE EVOLUTION OF ROMANIAN JUDICIAL SYSTEM SEEN THROUGH THE LAST MONITORING REPORT

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Florin STOICA

2016-06-01

Full Text Available Even though great strides have been made in this direction, Judicial reform and fighting corruption continue to represent major points in the evolution of Romanian society, in the context of compliance with European standards. Mechanism for cooperation and verification will be continue to be an incentive for Romania in the maintenance and evolution of results counted by the European Commission.

Fetal protection and potential liability: judicial application of the Pregnancy Discrimination Act and the disparate impact theory.

Science.gov (United States)

Moelis, L S

1985-01-01

"Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.

Initiating the judicial review in the European model of constitutional justice

OpenAIRE

Stojanović Dragan

2014-01-01

Judicial review is the core competence of the constitutional judicature in Europe, which is largely shaped by the Austrian and German models of constitutional justice. In that context, the issue of initiating the constitutional review of legislation is extremely important. Depending on the subject who is authorized to initiate this proceeding, the constitutional review may be twofold: the abstract control and the incidental control. The former type of constitutional review is generally initia...

Court-Driven Reform and Equal Educational Opportunity: Centralization, Decentralization, and the Shifting Judicial Role

Science.gov (United States)

Superfine, Benjamin Michael

2010-01-01

Judicial decisions focusing on equal educational opportunity involve significant issues of educational governance and often involve explicit questions about the extent to which authority to make educational decisions should be centralized or decentralized across various institutions and entities. This review aims at clarifying scholars'…

77 FR 65305 - Approval of Air Quality Implementation Plans; California; San Joaquin Valley Unified Air...

Science.gov (United States)

2012-10-26

... the exhaustion of all administrative and judicial appeals processes (including any associated remand... subject to the CEC certification process do not satisfy the CAA's requirements for judicial review. The... process under CPRC 25531 differs in a number of respects from the administrative and judicial review...

As transformações do judiciário em face da necessidade de efetivação dos direitos fundamentais

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Naiara Souza Grossi

2012-09-01

Full Text Available O presente trabalho tem por escopo analisar as transformações pelas quais o judiciário passa a partir da necessidade de efetivação dos direitos fundamentais. O Estado Democrático de Direito cunhado a partir do regramento normativo constitucional de 1988 faz erigir uma nova hermenêutica, qual seja, a hermenêutica constitucional. Para além do normativismo-positivista, essa hermenêutica constitucional irá atrelar valores à norma cujo principal e estruturante da própria ordem jurídica será o da dignidade da pessoa humana. A partir dessas modificações, os poderes públicos, o qual destacamos o judiciário, passam a ser imantados por esse imperativo ético, ou seja, o poder judiciário passa a ser uma importante ferramenta na concretização dos próprios direitos humanos fundamentais.

Judging adaptive management practices of U.S. agencies.

Science.gov (United States)

Fischman, Robert L; Ruhl, J B

2016-04-01

All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs from active AM in its relative lack of management interventions through experimental strategies. In contrast, AM-lite is a distinctive form of passive AM that fails to provide for the iterative steps necessary to learn from management. Courts have developed a sophisticated understanding of AM and often offer instructive rather than merely critical opinions. The role of the judiciary is limited by agency discretion under U.S. administrative law. But courts have overturned some agency AM-lite practices and insisted on more rigorous analyses to ensure that the promised benefits of structured learning and fine-tuned management have a reasonable likelihood of occurring. Nonetheless, there remains a mismatch in U.S. administrative law between the flexibility demanded by adaptive management and the legal objectives of transparency, public participation, and finality. © 2015 Society for Conservation Biology.

Good Governance According to Islamic Perspective

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Mohamad Ismail Bin Mohamad Yunus

2018-02-01

Full Text Available Abstract The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has been constantly used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law.   Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.

The power of the judicial assistant/law clerk: Looking behind the scenes at courts in the United States, England and Wales, and the Netherlands

NARCIS (Netherlands)

Holvast, N.

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

Promoting Justices: Media Coverage of Judicial Nominations in Israel

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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

Does Judicial Independence explain Post-transitional Justice? ¿Puede la independencia judicial explicar la justicia postransicional?

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Elin SKAAR

2012-10-01

Full Text Available Post-transitional justice in Latin America started in the Southern Cone in the mid-1990s and gradually spread to a number of countries which are seeking to address the human rights violations committed during the authoritarian regimes that dominated the continent from 1970s to the early 1990s. To distinguish trials at the time of transition from trials that take place years into the consolidation phase, this article develops a theoretical framework that explains variations in the propensity to prosecute the military for gross human rights violations (i.e., the number of trials across time and across countries. The main argument presented here is that constitutional reforms have made Latin American judges more prone to prosecute the military for past human right violations because judges now enjoy more independence from powerful Executives and the hierarchy of the judicial system has loosened, making lower court judges less dependent on their superiors. As a result, judges, especially those sympathetic to a human rights agenda, can push prosecutions more forcefully than they could before.La justicia postransicional se inició en el Cono Sur de América Latina a mediados de la década de 1990 y gradualmente se ha expandido a otros países que buscan afrontar violaciones de derechos humanos cometidas durante los regímenes autoritarios que dominaron el continente desde la década de 1970 hasta inicios de la década de 1990. Para diferenciar los juicios de la transición de los juicios que se llevaron a cabo años después durante la fase de consolidación democrática, este artículo desarrolla un marco teórico que explica las variaciones en la tendencia a juzgar a los militares por graves violaciones de derechos humanos (por ejemplo, el número de juicios a lo largo del tiempo y entre países. El argumento principal que aquí se presenta es que las reformas constitucionales han hecho que los jueces latinoamericanos sean más propensos a perseguir