WorldWideScience

Sample records for judicial administration judiciary

  1. Right To Health And Judicialization: A Study About Its Efficiency Of The National Judiciary Forum On Health

    OpenAIRE

    Edith Maria Barbosa Ramos; Isadora Moraes Diniz

    2017-01-01

    In the past few years, the judicialization of health has become a problematic theme to the Judiciary. In this contexto, the National Justice Council to puts itself in the role of promoting a judicial public policy for defense and guarantee of health rights, by the National Judiciary Forum on Health institution. This study aims to evaluate the efficacy of the National Forum practice in offering solutions and alternatives to the health judicialization process. The research was carried out durin...

  2. Sexual Diversity in the Judiciary in England and Wales; Research on Barriers to Judicial Careers

    Directory of Open Access Journals (Sweden)

    Leslie J. Moran

    2013-12-01

    Full Text Available Debates about the diversity of the judiciary in the UK have been dominated by gender, race and ethnicity. Sexuality is notable by its absence and is perceived to pose particular challenges. It is usually missing from the list of diversity categories. When present, its appearance is nominal. One effect of this has been a total lack of official data on the sexual composition of the judiciary. Another is the gap in research on the barriers to the goal of a more sexually diverse judiciary. In 2008 the Judicial Appointment Commission (JAC for England and Wales undertook research to better understand the challenges limiting progress towards judicial diversity. A central gaol of the project was to investigate barriers to application for judicial appointment across different groups defined by “sex, ethnicity and employment status”. Sexual orientation was again noticeable by its absence. Its absence was yet another missed opportunity to recognise and take seriously this strand of diversity. This study is based on a response to that absence. A stakeholder organisation, InterLaw Diversity Forum for lesbian gay bisexual and transgender networks in the legal services sector, with the JAC’s approval, used their questionnaire and for the first time asked lesbian, gay, bisexual and transgender lawyers about the perceptions and experiences of barriers to judicial appointment. This paper examines the findings of that unique research and considers them in the light of the initial research on barriers to judicial appointment and subsequent developments.

  3. Governance and New Technologies: Key Reflections of Informatization on Administrative Management of Judiciary

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    Roberto Correia Da Silva Gomes Caldas

    2016-12-01

    Full Text Available The article deals with the consequences of new technologies in the administrativeorganization of the Judiciary and has good management practices that combine economic and social outcomes allies sustainability. The objective is to analyze how new technologies help in the governance of the Judiciary, especially regarding the transposition of the traditional support process paper to electronic court case. We opted for the bibliographical and documentary research using the deductive method. Justified the search because of democracy and globalization connect judicial governance computerization where it seeks to reconcile an administration results with sustainable practices.

  4. Right To Health And Judicialization: A Study About Its Efficiency Of The National Judiciary Forum On Health

    Directory of Open Access Journals (Sweden)

    Edith Maria Barbosa Ramos

    2017-02-01

    Full Text Available In the past few years, the judicialization of health has become a problematic theme to the Judiciary. In this contexto, the National Justice Council to puts itself in the role of promoting a judicial public policy for defense and guarantee of health rights, by the National Judiciary Forum on Health institution. This study aims to evaluate the efficacy of the National Forum practice in offering solutions and alternatives to the health judicialization process. The research was carried out during 2015. Developed descriptive and exploratory research, with bibliographic procedure, documentary and semi-structured interview.

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

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    Rodrigo Murillo

    2014-12-01

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

  6. Judicial review of administrative silence

    Directory of Open Access Journals (Sweden)

    Radošević Ratko S.

    2015-01-01

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

  7. The slowness of the judiciary: priorities for reform Morosidade do poder judiciário: prioridades para a reforma

    Directory of Open Access Journals (Sweden)

    Vera Lúcia Feil Ponciano

    2007-12-01

    Full Text Available The text treats about the increase of the litigation in Brazil after the current Constitution and, as a consequence, the slowness of the Judicial process in Brazil. It emphasizes the awakening of the brazilian society to the deficiencies of the law system structure, which caused the need of a Judiciary Reform. Criticizes the speeches that cause an overall feeling of a Judiciary crisis, without showing technical studies or viable solutions. Gives attention to the law changes. Points some priorities to put in practice the desired Judiciary Reform.Aborda sobre a explosão de litigiosidade ocorrida no Brasil a partir da atual Constituição Federal, que levou ao ponto culminante o problema da morosidade da prestação jurisdicional. Enfatiza o despertar da sociedade brasileira para a realidade da estrutura do sistema judicial, que gerou a necessidade de reforma do Judiciário. Destaca reformas legislativas efetuadas. Elenca algumas prioridades para a consecução da almejada reforma do Poder Judiciário.

  8. A expansão dos poderes judiciários The expansion of the judiciary powers

    Directory of Open Access Journals (Sweden)

    Lilia Ferreira Lobo

    2012-01-01

    Full Text Available O presente artigo propõe-se a comentar um texto de Foucault pouco conhecido e que não foi incluído na publicação francesa dos Ditos e Escritos. Além de apresentar esta publicação, que tem como título La redéfinition du judiciable (A redefinição do judiciável, pretende trazer algumas considerações sobre as questões sugeridas por Foucault, bem como algumas indicações sobre o que hoje nos acontece em termos da judicialização do nosso cotidiano. O texto traz uma análise do papel da justiça, daquilo que vem se tornando ou que é objeto de julgamento judiciário, discutindo o que caracteriza a difusão das funções judiciárias através de todo o corpo social na atualidade.This article aims to comment an unfamiliar article by Foucault, not included in the french edition of Dits et Écrits. Beyond presenting this publication, which is entitled La redéfinition du judiciable (The redefinition of the judiciable, it pretends to bring some considerations about the questions that Foucault suggests, as well as some indications about what is happening with us now-a-days in terms of the judicialization of the everyday life. The text brings an analysis of the roll of justice, of what is turning into or what is the object of judiciary judgment, discussing the elements which characterize the diffusion of the judiciary functions through the whole social body.

  9. 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...

  10. Administrative Judiciary in Poland in Search for Fairness and Efficiency - an Overview

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    Andrzej SKOCZYLAS

    2007-02-01

    Full Text Available The 2002 reform of Polish administrative judiciary introduced two – instance system of administrative courts. The main aim of the article is to analyze some of the novelties that are to ensure fairness, cohesion and effectiveness of the administrative judiciary in Poland. First parts of the article are devoted to present in brief the historical and present organization of the administrative judiciary in Poland. In the subsequent parts authors present the problem of cohesiveness of the judicature, mediatory and ‘simplified’ procedures and staffing. Referring to the available data, authors argue that new procedural tools (mediation, simplified procedures are gradually gaining more acceptance. On the other hand, a lot has to be done to develop ADR means in the pre – trial stage and make them a popular way of administrative dispute resolution.

  11. 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

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

    Directory of Open Access Journals (Sweden)

    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

  13. 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

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

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    Wayne Stewart Martin

    2014-12-01

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

  15. 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...

  16. On Judicial and Quasi-Judicial Independence

    NARCIS (Netherlands)

    Comtois, Suzanne; de Graaf, K.J.

    2013-01-01

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

  17. Challenges of Judiciary Modernization in an Open Government Era

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    Carlos E. Jiménez Gómez

    2014-12-01

    Full Text Available In the modernization of public administrations, we are witnessing a phase of changes in an Open Government context. In any process of judiciary modernization, context is of great importance. The modernization of justice today requires major changes. This also implicates important challenges in the pursuit of judicial efficiency. Based on recent research on justice and ict´s, we find it necessary to talk about the modernization of administrations and the adoption of ict´s. In addition to this, we also discuss judicial efficiency. Furthermore, we take a step ahead to properly approach the modernization of the administration of justice to address challenges such as training, Big Data and the electronic judicial process, and finally the re-design, opening and innovation in the justice system.

  18. 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

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    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.

  19. 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.

  20. 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

    Directory of Open Access Journals (Sweden)

    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

  1. Environmental governance and role of judiciary in India

    International Nuclear Information System (INIS)

    Sahu, G.

    2005-01-01

    This paper attempts to examine the role of judiciary in environmental governance of India in terms of judiciary intervention in the environmental policy making process as well as its role in the implementation of existing environmental laws and shaping its implementation process. In consonance with this exercise, the paper has highlighted the contributing factors influencing judiciary role in environmental governance and thereby examines the impact of judicial intervention in environmental governance of India. The discussion in the paper is drawn from the case studies of a few environmental cases where the role of judiciary in environmental governance can be observed. (author)

  2. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  4. 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...

  5. 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...

  6. 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...

  7. Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

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    David Kosař

    2017-03-01

    Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

  8. 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...

  9. 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.

  10. Autonomy and heteronomy of the judiciary - a historical approach

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    Pia Letto-Vanamo

    2011-12-01

    Full Text Available In the paper, I will discuss about historical dimensions of heteronomy and autonomy of the judiciary. As an introduction, historical narratives (histories of main legal actors (the legislator, the judiciary, and legal scholarship will be discussed. In Section 2 characteristics of “pre modern” conflict resolution and the legitimacy of judicial decision making will be studied. I will argue that during the era of non state law and in circumstances without an authoritative judiciary (like in rural areas in the Nordic Countries the participation of the conflicting parties and the local community played an important role for guaranteeing legitimacy and acceptance of conflict resolution and judicial decision making in local courts. In addition, various - and historically determined - justifications of lay participation will be analyzed. Hence, questions of public / democratic control over the judiciary, and those of social background of judges will be enlightened. In Section 3 the interplay between and interdependence of various legal actors will be in focus. I will argue for the importance of historical-comparative studies on legal scholarship, through which one can better understand variations in functions and roles of the judiciary, and particularities of judicial argumentation in certain times and geographical/ cultural areas, as well.

  11. Judicial action and technical risk

    International Nuclear Information System (INIS)

    Buiren, S. van; Ballerstedt, E.; Grimm, D.

    1981-05-01

    In this study it is examined how the judiciary deals with those sections that are crucial for the use of nuclear energy. The authors get down to the pre-dominant problem of the law relating to technical safety. In the process they encounter the central dilemma of modern democracy, i.e. the strained relations which exist between judicial control and democratic responsibility. Since nuclear energy entered the market place, it has been the administrative courts which - in practice - have decided whether and to what extent nuclear energy may be used. On the one hand, this is a result of the fast growth of, and rapid change in, science and technology. On the other hand, it is a result of administrative law standards which have developed in the Federal Republic of Germany after World War II. The former requires the normative structure of the atomic law, the latter postulates how to deal with it. Legal protection against an act of public authority is guaranteed by the Basic Law and usually with some justification considered a splendid achievement of our state which is based on the rule of law. It has lead to developments in the atomic law and in many parts of the law relating to technical safety on which opinions are divided. In a dogmatic manner it has been legally examined to what extent an extensive review competence of the judiciary is a must, and whether there are any possibilities of judicial control of acts of public authorities without having to interfere with the original competence of administrations. (orig./HP) [de

  12. 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 ...

  13. 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

  14. 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

  15. 21 Cost-Saving Measures For The Judiciary

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    Florent Muçaj

    2016-01-01

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

  17. The judiciary in a free society

    Directory of Open Access Journals (Sweden)

    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.

  18. 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

    Directory of Open Access Journals (Sweden)

    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

  19. 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...

  20. ¿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.

  1. 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

    Directory of Open Access Journals (Sweden)

    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

  2. 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.

  3. 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

  4. Confrontation Between Judicial Activism and State of Exception

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    Alexandre Pedro Moura D’Almeida

    2017-01-01

    Full Text Available The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary, that happens to have a more active role and controlling of the others powers, but also appears as a great defender of social and fundamental rights causes, seeking to make an effective constitution. Its great public notoriety has attracted great distrust of various sectors of society, especially by the two powers that have an increasing interference. Arises, therefore, a speech that the judiciary would be reversing into a big and uncontrollable power, increasing the suspicion that now it would be living in a real dictatorship of the judiciary through judicial activism. There is a growing concern with the expansion of activism and the role of the judiciary. The purpose of this work is to conceptualize and approach the judicial activism and the state of exception to search and reveal if there is any similarity, to then draw up a possible answer to the concern of forming a dictatorship of the judiciary. The state of exception is one of the rule of law paradoxes, while activism is a political manifestation of the judiciary. The similarity between the institutes appears as appalling in a dynamic expansion of political power of a state institution exercising judicial function, putting in check who would be the sovereign in a rule of law and democratic state.

  5. 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.

  6. Collaborators at domestic jurisdiction: the case of the Basque Government in the setting up of the new Judicial Office in the Basque Country

    Directory of Open Access Journals (Sweden)

    Izaskun Iriarte Irureta

    2011-12-01

    Full Text Available The Administration of Justice in Spain is going through a deep modernisation process aiming both at procedural and organisational reforms. The setting up of the new Judicial Office is precisely the major change of the organisation of the Administration of Justice in the last century. In this context, there is a shift in the role played by the regional governments with responsibilities in the field of Justice, as far as these regional governments are not only collaborators of the Judiciary at domestic jurisdiction, but they also become “actors” as they have decision making powers to create, to design and to organise the common procedural services of the Judicial Office and, hence, to set up the Judicial Office in each judicial district in their territory.This text presents the context and the reasons behind the setting up of the Judicial Office as a new way of organisation of the Spanish Administration of Justice; the Judiciary in Spain and the responsibilities of the regional governments in the Administration of Justice; the meaning of the Judicial Office and its guiding principles; the role of the Basque Government in setting up the Judicial Office in the Basque Country, paying special attention to its activity in the field of standardization of processes, the quality system, and of information, communication and coordination; the results of the first Judicial Offices. Finally the paper questions whether the regional or national governments are just “collaborators” or real “actors” of the Administration of Justice at domestic jurisdiction.

  7. Problems of corruption in transition: A case of judiciary

    Directory of Open Access Journals (Sweden)

    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.

  8. 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...

  9. 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 ...

  10. 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...

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

    Directory of Open Access Journals (Sweden)

    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

  12. 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

    Directory of Open Access Journals (Sweden)

    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

  13. Constitutionalization of judicial independence: In comparative law and in Serbian legislation

    Directory of Open Access Journals (Sweden)

    Pejić Irena

    2014-01-01

    Full Text Available The aim of this paper is to point out that the guarantees of judicial independence have to be regulated by the Constitution as they create de iure framework for the independence of the judiciary in the rule of law system. The author is aware that the constitutional guarantees are per se insufficient and that their primary features may yield different effects depending on the political environment and cultural matrix in which they take effect. The judicial system operates in the circumstances of the separation of powers, where the independent judiciary is corroborated a guarantee of the rule of law. Hence, it is important to concurrently elaborate on the institutional and personal guarantees of judicial independence, focusing on the responsibility of the political authorities to create a relevant social environment for the operation of the independent judiciary as well as on the responsibility of the judiciary to independently exercise their judicial function. The author's intention in this paper is to provides a comparative analysis on the guarantees of independent judiciary and the minimum rules that constitute the cohesive core which serves as the common meeting grounds not only for the EU member states but also for all countries of the European-Continental legal system in their efforts to ensure the judicial independence as the primary condition for exercising the rule of law. The corpus of constitutional guarantees on independent judiciary includes the following elements: the judicial appointments and termination of a judicial office; the permanence of the judicial office and impartiality in decision-making processes; the professional responsibility and judicial immunity; as well as the recently established judicial councils, which have been given the constitutional authority to protect the independence of the judiciary.

  14. A judicial review of political questions under Islamic law

    Directory of Open Access Journals (Sweden)

    Abdulfatai O. Sambo

    2014-06-01

    Full Text Available 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 on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.

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

    Directory of Open Access Journals (Sweden)

    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.

  16. 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.

  17. The King's Return: The Mutation In Classical Division Of Powers By Judicialization Of Social Relations And Judicial Activism

    Directory of Open Access Journals (Sweden)

    Kelly de Souza Barbosa

    2017-02-01

    Full Text Available Separation of powers is one of strongest aspects of contemporary constitutionalism, mostly to rationalize the exercise of state power. In Brazil, the 1988 Constitution provides as entrenchment clause to tripartition of powers. However, there is a change in paradigms, especially at the level of constitutional jurisdiction, through the phenomena of judicialization and judicial activism because the intervention of the Judiciary in the primary functions of other powers. Using deductive and descriptive method, bibliographical and documentary research, we tried to point out the harms that the invasive action of the Judiciary causes to the functional balance between the powers and democracy.

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

    Directory of Open Access Journals (Sweden)

    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

  19. 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.

  20. Change of position of constitutional judiciary

    Directory of Open Access Journals (Sweden)

    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.

  1. 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…

  2. 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

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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...

  6. 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. ...

  7. 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...

  8. General Introduction: Autonomy and Heteronomy of the Judiciary in Europe

    Directory of Open Access Journals (Sweden)

    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.

  9. Perception of the judiciary law by the law-maker

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  11. Public Policy Environment: legalization and judicial activism for sustainable development

    Directory of Open Access Journals (Sweden)

    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.

  12. Modernization experience of judicial policy post soviet countries

    Directory of Open Access Journals (Sweden)

    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.

  13. 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

  14. 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...

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  17. 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...

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

    Directory of Open Access Journals (Sweden)

    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

  19. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    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

  20. 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…

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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

  4. 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

  5. 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...

  6. [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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  9. Juristocracy in Brazil Ran Hirschl's Perspective About Judicial Empowerment

    Directory of Open Access Journals (Sweden)

    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.

  10. Judicialization of Health: A Perspective of Effectiveness

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  12. 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...

  13. 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...

  14. 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…

  15. 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

  16. 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...

  17. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  19. [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.

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

    Directory of Open Access Journals (Sweden)

    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

  1. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  3. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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...

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  8. 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....

  9. 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 ...

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

    Directory of Open Access Journals (Sweden)

    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

  11. 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,.

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

    Directory of Open Access Journals (Sweden)

    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.

  13. 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

  14. 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.

  15. Corrupción en la Rama Judicial: una reflexión

    Directory of Open Access Journals (Sweden)

    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

  16. 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....

  17. 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...

  18. 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.

  19. 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.

  20. Accessibility in e-government portals of the Judiciary

    Directory of Open Access Journals (Sweden)

    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.

  1. 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...

  2. Arbitration and Judicialization

    Directory of Open Access Journals (Sweden)

    Alec Stone Sweet

    2011-12-01

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

  3. 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

  4. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    Nina Persak

    2016-09-01

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

  7. 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...

  8. 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...

  9. 40 CFR 178.65 - Judicial review.

    Science.gov (United States)

    2010-07-01

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

  10. 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

    Directory of Open Access Journals (Sweden)

    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.

  11. Criteria for Copyrightability in Russian Copyright Doctrine and Judicial Practice

    Directory of Open Access Journals (Sweden)

    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.

  12. 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...

  13. SMEs: Trust and judicial system

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  15. Administration

    DEFF Research Database (Denmark)

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

  16. Imaginaries of Judicial Practices in Cali, Colombia

    Directory of Open Access Journals (Sweden)

    Lina Buchely

    2015-05-01

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

  17. 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)

  18. Organic Law Of Judicial Guarantees And Constitutional Control

    Directory of Open Access Journals (Sweden)

    Ernesto López Freire

    2013-01-01

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

  19. 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.

  20. Judicial System Restructuring and Modernization in Abu Dhabi

    Directory of Open Access Journals (Sweden)

    Lawrence Groo

    2008-01-01

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

  1. 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...

  2. 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...

  3. 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...

  4. 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...

  5. 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. ...

  6. 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...

  7. 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] ...

  8. 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...

  9. 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...

  10. 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...

  11. 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. ...

  12. 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). ...

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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. ...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    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.

  4. 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

  5. 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

  6. 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

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    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

  9. Case of administrative dispute

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2015-11-01

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

  10. 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...

  11. [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

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

    Directory of Open Access Journals (Sweden)

    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.

  13. 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…

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    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

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

    Directory of Open Access Journals (Sweden)

    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

  4. 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

  5. 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...

  6. Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Short Inpatient Hospital Stays; Transition for Certain Medicare-Dependent, Small Rural Hospitals Under the Hospital Inpatient Prospective Payment System; Provider Administrative Appeals and Judicial Review. Final rule with comment period; final rule.

    Science.gov (United States)

    2015-11-13

    This final rule with comment period revises the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for CY 2016 to implement applicable statutory requirements and changes arising from our continuing experience with these systems. In this final rule with comment period, we describe the changes to the amounts and factors used to determine the payment rates for Medicare services paid under the OPPS and those paid under the ASC payment system. In addition, this final rule with comment period updates and refines the requirements for the Hospital Outpatient Quality Reporting (OQR) Program and the ASC Quality Reporting (ASCQR) Program. Further, this document includes certain finalized policies relating to the hospital inpatient prospective payment system: Changes to the 2-midnight rule under the short inpatient hospital stay policy; and a payment transition for hospitals that lost their status as a Medicare-dependent, small rural hospital (MDH) because they are no longer in a rural area due to the implementation of the new Office of Management and Budget delineations in FY 2015 and have not reclassified from urban to rural before January 1, 2016. In addition, this document contains a final rule that finalizes certain 2015 proposals, and addresses public comments received, relating to the changes in the Medicare regulations governing provider administrative appeals and judicial review relating to appropriate claims in provider cost reports.

  7. 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...

  8. 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...

  9. Judicial Capacity in a Transforming Legal System

    Directory of Open Access Journals (Sweden)

    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

  10. 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.

  11. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

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

  12. THE CLUSTER- AN ENTITY WITH OR WITHOUT JUDICIAL PERSONALITY

    Directory of Open Access Journals (Sweden)

    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

  13. 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.

  14. 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

  15. 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

  16. 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...

  17. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  19. 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.

  20. 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...

  1. 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

    Directory of Open Access Journals (Sweden)

    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.

  2. 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…

  3. 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 ...

  4. 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)

  5. 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...

  6. 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...

  7. “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 ...

  8. 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...

  9. 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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  11. 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...

  12. 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. ...

  13. 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...

  14. 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

  15. 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...

  16. 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.

  17. 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.

  18. POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Kartono Kartono

    2011-03-01

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

  19. Judicial Reforms in Russia: 1864 to 2014

    Directory of Open Access Journals (Sweden)

    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.

  20. 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...

  1. 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...

  2. 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...

  3. Evaluating Judicial Performance and Addressing Gender Bias

    Directory of Open Access Journals (Sweden)

    Angela Melville

    2014-12-01

    Full Text Available Elek and Rottman argue that judicial evaluation is often biased against women and minority judges. The need to address bias is important, however often the desire for diversity seems so self-evident as to belie deeper analysis. This paper examines the two main rationales for gender equality on the bench. First, female judges are often considered necessary in order to bring a gendered perspective to judging, however it is argued that this rationale is flawed. Second, an alternative rationale based on equality and legitimacy is offered which avoids gender essentialism. While debates typically focus on these two rationales, a third rationale embraces both difference and equality/legitimacy. The presence of female judges has an important symbolic value which destabilises existing fraternal legal norms. Finally, increasing the number of female judges may not necessarily change judging, and this paper also analyses how the transformative potential offered by judicial diversity can work in practice. Elek y Rottman defienden que la evaluación judicial suele estar sesgada en contra de las mujeres y los jueces pertenecientes a minorías. La necesidad de abordar el sesgo es importante, sin embargo a menudo el deseo de diversidad parece tan evidente como para contradecir un análisis más profundo. Este artículo examina los dos motivos principales para la igualdad de género en el banquillo. En primer lugar, las mujeres jueces a menudo se consideran necesarias para aportar una perspectiva de género al hecho de juzgar, sin embargo, se defiende que este razonamiento es erróneo. En segundo lugar, se ofrece una alternativa lógica basada en la igualdad y la legitimidad que evita el esencialismo de género. Mientras que los debates suelen centrarse en estas dos razones, una tercera justificación abarca tanto la diferencia como la igualdad/legitimidad. La presencia de mujeres en la judicatura tiene un importante valor simbólico que desestabiliza las normas

  4. 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).

  5. 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.

  6. 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.

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

    Directory of Open Access Journals (Sweden)

    P. Vinogradova

    2016-01-01

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

  8. 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.

  9. 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

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

    Directory of Open Access Journals (Sweden)

    Karen Eltis

    2014-09-01

    Full Text Available What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary recommendations for more prudent and advised ESM use.

  11. 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.

  12. Co-Plaintigff in Judicial Reorganization

    Directory of Open Access Journals (Sweden)

    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.

  13. 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.

  14. 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.

  15. 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...

  16. 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…

  17. 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…

  18. 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)

  19. 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…

  20. 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. ...

  1. 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...

  2. 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. ...

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

    Directory of Open Access Journals (Sweden)

    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.

  4. 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.

  5. 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...

  6. Judicial Performance Review in Arizona: A Critical Assessment

    Directory of Open Access Journals (Sweden)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  9. 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

  10. ATIVISMO JUDICIAL E ESTADO DE DIREITO

    Directory of Open Access Journals (Sweden)

    Carlos Eduardo Dieder Reverbel

    2009-04-01

    Full Text Available O presente trabalho insere-se na Teoria do Estado e no Direito Constitucional. Parte da natural sociabilidade do humano para demonstrar que o Estado de Direito nasce para servir a pessoa, e esta abdica parte de sua liberdade em prol de um convívio harmônico e pacífico dentro da sociedade. Delimita, mesmo que não desenvolva, o que entende ser os princípios de Estado de Direito. Após, insere o estudo dentro das duas principais famílias de direito: common law e romano-germânica; apresentando o princípío prevalente em cada uma delas: legalidade e processualidade. Desenvolve distinção de McILWIAN entre  jurisdictio y gubernaculum, pois o Estado de Direito só pode ser aquele que delimite e proteja uma área restrita à  Política, e uma área restrita ao  Direito. Por fim, antes da conclusão e da bibliografia, mostramos  os  entraves que o  ativismo judicial  – inclusive colacionando jurisprudências – tem gerado para o florescimento de um Estado de Direito racional.

  11. [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.

  12. 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...

  13. 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

  14. 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.

  15. 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)

  16. 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.

  17. 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

  18. Administrative litigation systems in Europe

    Directory of Open Access Journals (Sweden)

    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.

  19. 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.

  20. 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.

  1. 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

  2. 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

  3. judicial review and the perfect gift

    African Journals Online (AJOL)

    Administrator

    of human rights and the legitimacy of the administrative state,2 Dyzenhaus proposes a theory of deference as ..... can "strike such [legislative] decisions down as illegal and leave it up to the legislators to find a legal means of ..... decision in Baker v Canada (Minister of Citizenship and Immigration)71 he strongly supports the ...

  4. Public Politics of Health and Aspects of its Judicialization

    Directory of Open Access Journals (Sweden)

    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.

  5. Slavic anthroponyms in the judicial decisions of Demetrios Chomatenos

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  7. 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

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

    Directory of Open Access Journals (Sweden)

    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

  9. Democracy and judicial activism: some considerations about causes and consequences

    Directory of Open Access Journals (Sweden)

    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.

  10. 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.

  11. 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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  14. 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)

  15. 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…

  16. THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS

    Directory of Open Access Journals (Sweden)

    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.

  17. 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)

  18. 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...

  19. 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...

  20. 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…

  1. Judicial Enforcement of Economic, Social and Cultural Right

    Directory of Open Access Journals (Sweden)

    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.

  2. 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.

  3. 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…

  4. 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...

  5. 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

  6. 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...

  7. Methodologies for Measuring Judicial Performance: The Problem of Bias

    Directory of Open Access Journals (Sweden)

    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

  8. Medicare program; hospital inpatient prospective payment systems for acute care hospitals and the long-term care hospital prospective payment system and fiscal year 2015 rates; quality reporting requirements for specific providers; reasonable compensation equivalents for physician services in excluded hospitals and certain teaching hospitals; provider administrative appeals and judicial review; enforcement provisions for organ transplant centers; and electronic health record (EHR) incentive program. Final rule.

    Science.gov (United States)

    2014-08-22

    are participating in Medicare. We are updating policies relating to the Hospital Value-Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition (HAC) Reduction Program. In addition, we are making technical corrections to the regulations governing provider administrative appeals and judicial review; updating the reasonable compensation equivalent (RCE) limits, and revising the methodology for determining such limits, for services furnished by physicians to certain teaching hospitals and hospitals excluded from the IPPS; making regulatory revisions to broaden the specified uses of Medicare Advantage (MA) risk adjustment data and to specify the conditions for release of such risk adjustment data to entities outside of CMS; and making changes to the enforcement procedures for organ transplant centers. We are aligning the reporting and submission timelines for clinical quality measures for the Medicare HER Incentive Program for eligible hospitals and critical access hospitals (CAHs) with the reporting and submission timelines for the Hospital IQR Program. In addition, we provide guidance and clarification of certain policies for eligible hospitals and CAHs such as our policy for reporting zero denominators on clinical quality measures and our policy for case threshold exemptions. In this document, we are finalizing two interim final rules with comment period relating to criteria for disproportionate share hospital uncompensated care payments and extensions of temporary changes to the payment adjustment for low-volume hospitals and of the Medicare-Dependent, Small Rural Hospital (MDH) Program.

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

    Directory of Open Access Journals (Sweden)

    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.

  10. 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

  11. 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 ...

  12. 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

  13. ¿Qué es una pregunta? Fundamentos pragmalingüísticos para la democratización de los géneros administrativo y judicial || What is a question? Pragmatics basis for the democratization of the administrative and legal genres

    Directory of Open Access Journals (Sweden)

    Javier Martínez Villarroya

    2016-06-01

    Full Text Available Resumen: Los documentos jurídicos y administrativos son difíciles de entender. ¿Hay forma de corregirlos? Una de las técnicas principales en aras de la claridad es la de hacer preguntas. La fundamentación de nuestra tesis la encontramos en las teorías más relevantes de la pragmalingüística, en algunos textos clásicos y en bibliografía reciente sobre lenguaje claro y literacidad en español. Es posible y necesario fundamentar las propuestas del lenguaje claro en función de los efectos cognitivos que producen en el receptor del mensaje. Aquí, pues, dotamos de bases científicas al movimiento y contribuimos a atacar el escepticismo con el que se recibe.   Abstract: Legal and administrative documents are difficult to understand; Is there a proper way to correct them? One of the main techniques for the sake of clarity is to ask questions. The basis of our thesis is found in the most relevant theories of the pragmatics, in some classic texts and in recent bibliography about plain language and literacy. It is possible to defend the use of plain language in terms of the cognitive effects. We will endow the scientific bases of plain language and, therefore, we will contribute to attack the scepticism with which it is received.

  14. 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...

  15. 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...

  16. 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...

  17. 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

  18. Reflections on Judicial Views of uBuntu

    Directory of Open Access Journals (Sweden)

    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

  19. 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.

  20. Minimalismo judicial ¿Cass Sunstein en la Corte Constitucional?

    Directory of Open Access Journals (Sweden)

    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.

  1. The Judicial Regime of Danube Navigation between 1856- 1919

    Directory of Open Access Journals (Sweden)

    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.

  2. Responsible Communication between the Judicial and Deontological Norm

    Directory of Open Access Journals (Sweden)

    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.

  3. Constitutional provisions on judicial independence and EU standards

    Directory of Open Access Journals (Sweden)

    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.

  4. 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).

  5. 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.

  6. 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.

  7. 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...

  8. 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.

  9. The (unpreparation of the judiciary hospital for resocialization: violation of human rights

    Directory of Open Access Journals (Sweden)

    Ana Flávia Ferreira de Almeida Santana

    2017-08-01

    Full Text Available Abstract Objective: To analyze the hospital's capacity of custody and treatment for resocialization of patients with psychic disorders, under security measure. Methods: An empirical, qualitative, interpretive and cross-sectional study was carried out in a hospital of custody and treatment (HCT of a city in the southeast region of Minas Gerais, Brazil, with 22 administrative, health e security workers, through an interview with a semi-structured instrument and non-participant observation. Data were submitted to Content Analysis and presented in the categories: the hospital of custody and treatment: therapeutic space, in fact?; the HCT as a place of segregation and punishment; and the in(ability of the legal mental hospitals for resocialization. Results: Some professionals considered the hospital as a treatment space, while others considered it an instrument of punishment. However, the punitive nature of the interventions predominated. From the perspective of the participants, the hospital does not promote the resocialization. Conclusion: In the hospital there are no treatments that attend to the uniqueness of the patients who were under safety measure, therefore, they are not prepared to return to the social life, as it happens in prisons. The institution does not promote the resocialization of the patients.

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

    Directory of Open Access Journals (Sweden)

    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.

  11. 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

  12. 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...

  13. 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...

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    Francesco Contini

    2014-12-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

  17. 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

    Directory of Open Access Journals (Sweden)

    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.

  18. The Political Context of Judicial Review in Indonesia

    Directory of Open Access Journals (Sweden)

    Fritz Edward Siregar

    2015-08-01

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

  19. A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda García López

    2013-12-01

    Full Text Available The constitutionalization of law in Colombia is due to an active participation of the judge, in particular, of the constitutional judge. The judicial precedent source of law is an example of the inclusion of the judge on the constitutional stage as guarantor of democracy and law. The democratic ideal irreversibly includes the constitutional judge and his interpretations. The overinterpretation of law answers to a broad interpretation of the Constitution and to a building of norms that contribute something to fill the gaps in the law. Thus eoconstitutionalism is constitutionalizing the juridical order.

  20. 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.

  1. Recent Administrative and Judicial Decisions Regarding Consideration of Source Separation in Determining BACT Under PSD

    Science.gov (United States)

    This document may be of assistance in applying the New Source Review (NSR) air permitting regulations including the Prevention of Significant Deterioration (PSD) requirements. This document is part of the NSR Policy and Guidance Database. Some documents in the database are a scanned or retyped version of a paper photocopy of the original. Although we have taken considerable effort to quality assure the documents, some may contain typographical errors. Contact the office that issued the document if you need a copy of the original.

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

    Science.gov (United States)

    2010-04-01

    ... liability. (b) Criminal proceedings. Only the Federal Government shall have the right to bring a criminal... representation of State interests. (a) Civil proceedings—(1) General rule. Any person shall have the same right... procedures under State law. (2) Exception. The right or power of the courts of any State to pass on matters...

  3. 28 CFR 9.5 - Criteria governing administrative and judicial remission and mitigation.

    Science.gov (United States)

    2010-07-01

    ... property was subject to forfeiture at the time of the purchase, or is one who held a legally cognizable... the offense underlying the forfeiture where certain mitigating factors exist, including, but not... petitioner fails to accept the Ruling Official's mitigation decision or any of its conditions, or fails to...

  4. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Science.gov (United States)

    2010-10-01

    ..., hospital charges, charity charges, and Medicare share; and (ii) The period used to determine such estimate... EP is hospital-based; and (6) The specification of the EHR reporting period, as well as whether... eligible hospitals— (1) The methodology and standards for determining the incentive payment amounts made to...

  5. 76 FR 54730 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Science.gov (United States)

    2011-09-02

    ... accommodations for persons with disabilities), and how to submit comments to the committee can be found in the ``Research'' section of the ACUS Web site. Go to www.acus.gov and click on Research - > Committee Meetings...

  6. 76 FR 61072 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Science.gov (United States)

    2011-10-03

    ... accommodations for persons with disabilities), and how to submit comments to the committee can be found in the ``Research'' section of the ACUS Web site. Go to http://www.acus.gov and click on Research -> Committee...

  7. 76 FR 18144 - Committees on Administration & Management, Collaborative Governance, and Judicial Review

    Science.gov (United States)

    2011-04-01

    ... accommodations for persons with disabilities), and how to submit comments to the committee can be found in the ``Research'' section of the ACUS Web site, at http://www.acus.gov . Comments may be submitted by e-mail to...

  8. 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...

  9. 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...

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

    Directory of Open Access Journals (Sweden)

    Fabiano Engelmann

    2006-01-01

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

  11. ['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.

  12. Review of Administrative Justice in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Islam Pepaj

    2015-07-01

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

  13. 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....

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  18. 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…

  19. 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.).

  20. 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.

    2007-01-01

    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 hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915

  1. THE IMPACT OF COURTROOM CAMERAS ON THE JUDICIAL PROCESS

    Directory of Open Access Journals (Sweden)

    Scott Campbell

    2017-07-01

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

  2. Separating Judicial from Legislative Reasoning in Moral Dilemma Interviews.

    Science.gov (United States)

    Langford, Peter E

    1997-12-01

    Unlike previous studies of the development of reasoning about moral dilemmas, the 2 studies reported separated judicial reasoning (the application of rules) from legislative reasoning (the justification of rules), as well as attending to other aspects of context, using a modification of the weakly interpretive scoring method of Langford and D'Cruz. This assigns justifications to relatively simple conceptually defined categories. Findings were in accord with substantially modified versions of the views of Piaget and Kohlberg, according to which legislative reasoning can be divided into 3 main types of stages in the period 7-21 years: heteronomy (Piaget) or egocentrism (Kohlberg); local groups (attention to group interests, harmony, and reciprocity in local groups), wider groups (attention to these thing in wider groups). Findings contradicted Gibbs's theory.

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    Bryna Bogoch

    2014-10-01

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

  5. 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

  6. 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...

  7. 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

  8. 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...

  9. 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...

  10. 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

  11. 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

  12. 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...

  13. 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...

  14. 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...

  15. 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

  16. '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

  17. 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.

  18. 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

  19. 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. ...

  20. 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...

  1. [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.

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

    Science.gov (United States)

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

    2012-03-01

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

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  6. Judicial review and transitional justice: Reflective Judgment in three contexts

    Directory of Open Access Journals (Sweden)

    Mihaela Mihai

    2010-01-01

    Full Text Available Este artículo busca examinar las vías a través de las cuales las cortes de revisión constitucional han intentado discernir con sentimientos públicos dentro de sociedades emergentes de una situación de opresión y conflicto de alta escala. Un análisis comparativo de decisiones de revisión judicial de la Hungría post-comunista, de la Sudáfrica post-Apartheid y de la Argentina post- dictadura como casos que muestran como los jueces han, con mayor o menor éxito, reconocido y engranado pedagógicamente sentimientos sociales negativos de resentimiento e indignación hacia antiguos víctimarios y beneficiarios de violencia. Así, el artículo espera cimentar el camino para investigaciones de mayor envergadura sobre uno de las dimensiones más descuidadas de sociedades post-confictuales: la influencia pública.

  7. Treatnebt if Addiction - Clinical and Judicial Perspectives: Two Case Reports

    Directory of Open Access Journals (Sweden)

    Sofia Fonseca

    2013-12-01

    Full Text Available The sporadic or chronic use of drugs and alcohol is directly related to conduct disorders and to the triggering of psychopathological states of sub-acute or chronic course. The excessive consumption of alcohol and excessive traffic/consumption of illicit drugs by individuals without mental illness or disability are actions of free will; they are therefore criminally responsible for their behaviour, even if they commit a crime during the state of intoxication, which the individual chose voluntarily to experience. In clinical practice, it is widely accepted that the treatment of these disorders is only effective when the patient accepts it voluntarily and that involuntary commitment (compulsive treatment is only carried out when the psychopathological state associated justifies the presuppositions of Article 12 of the Mental Health Law. However, if the compulsive treatment is of a penal character, mandated by a judge, the individual is obligated to accept treatment, independent of whether or not he suffers from mental illness. The authors present two case studies, one of drug addiction, the other of alcoholism, and discuss the clinical and judicial perspectives on the treatment of these clinical entities.

  8. Legal argumentation and judicial decision making: Empirical evidence from Ecuador

    Directory of Open Access Journals (Sweden)

    José Luis Castro-Montero

    2018-05-01

    Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

  9. ELECTRONIC EVIDENCE IN THE JUDICIAL PROCEEDINGS AND COMPUTER FORENSIC ANALYSIS

    Directory of Open Access Journals (Sweden)

    Marija Boban

    2017-01-01

    Full Text Available Today’s perspective of the information society is characterized by the terminology of modern dictionaries of globalization including the terms such as convergence, digitization (media, technology and/or telecommunications and mobility of people or technology. Each word with progress, development, a positive sign of the rise of the information society. On the other hand in a virtual environment traditional evidence in judicial proceedings with the document on paper substrate, are becoming electronic evidence, and their management processes and criteria for admissibility are changing over traditional evidence. The rapid growth of computer data created new opportunities and the growth of new forms of computing, and cyber crime, but also the new ways of proof in court cases, which were unavailable just a few decades. The authors of this paper describe new trends in the development of the information society and the emergence of electronic evidence, with emphasis on the impact of the development of computer crime on electronic evidence; the concept, legal regulation and probative value of electronic evidence, and in particular of electronic documents; and the issue of electronic evidence expertise and electronic documents in court proceedings.

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

    Directory of Open Access Journals (Sweden)

    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

  11. 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...

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

    Directory of Open Access Journals (Sweden)

    R.J. Sánchez

    2016-01-01

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

  13. Ultima Ratio and the Judicial Application of Law

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2013-01-01

    Full Text Available The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the major readings of the justification of the ius puniendi – deontological and utilitarian – are related to the idea of a restrained resort to criminalisation and penal sanction. The role of the main protagonists in relation to punishment is next considered: transgressor, community and victim. The issues of impunity and overpunity are also considered in this part. The second part of the paper analyses the possible effects of ultima ratio, a general politico-moral principle mainly addressed to the legislator, on the application of the law by the judges. It is then turned into something closer to a general legal principle. The impact of ultima ratio on the different sub-decisions of the judicial application of the criminal law is spelt out in the decisions on qualification, evidence (inferences, interpretation and consequences in sentencing. Next, the role of ultima ratio on decisions in appeal and in cassation is analysed. The third part and conclusion deals with the main ideologies of ultima ratio and the wider issue of its role in securing a guarantee oriented criminal law in Europe. En este artículo se aborda, en primer lugar, el carácter de ultima ratio como principio, su relación con otros principios en el derecho penal. Después de descartar los enfoques que rechazan cualquier papel del principio de ultima ratio como el derecho penal del enemigo, las lecturas principales de la justificación del ius puniendi, deontológico y utilitarista, están relacionadas con la idea de un recurso restringido a la criminalización y sanción penal. A continuación, se analiza el papel de los protagonistas principales relacionados con el castigo: transgresor, comunidad y víctima. En esta parte tambi

  14. Proof of patient information: Analysis of 201 judicial decisions.

    Science.gov (United States)

    Dugleux, E; Rached, H; Rougé-Maillart, C

    2018-05-01

    The ruling by the French Court of Cassation dated February 25, 1997 obliged doctors to provide proof of the information given to patients, reversing more than half a century of case law. In October 1997, it was specified that such evidence could be provided by "all means", including presumption. No hierarchy in respect of means of proof has been defined by case law or legislation. The present study analyzed judicial decisions with a view to determining the means of proof liable to carry the most weight in a suit for failure to provide due patient information. A retrospective qualitative study was conducted for the period from January 2010 to December 2015, by a search on the LexisNexis ® JurisClasseur website. Two hundred and one judicial decisions relating to failure to provide due patient information were selected and analyzed to study the characteristics of the practitioners involved, the content of the information at issue and the means of proof provided. The resulting cohort of practitioners was compared with the medical demographic atlas of the French Order of Medicine, considered as exhaustive. Two hundred and one practitioners were investigated for failure to provide information: 45 medical practitioners (22±3%), and 156 surgeons (78±3%) including 45 orthopedic surgeons (29±3.6% of surgeons). Hundred and ninety-three were private sector (96±1.3%) and 8 public sector (4±1.3%). Hundred and one surgeons (65±3.8% of surgeons), and 26 medical practitioners (58±7.4%) were convicted. Twenty-five of the 45 orthopedic surgeons were convicted (55±7.5%). There was no significant difference in conviction rates between surgeons and medical practitioners: odds ratio, 1.339916; 95% CI [0.6393982; 2.7753764] (Chi 2 test: p=0.49). Ninety-two practitioners based their defense on a single means of proof, and 74 of these were convicted (80±4.2%). Forty practitioners based their defense on several means of proof, and 16 of these were convicted (40±7.8%). There was

  15. Public scientific expertise and judicial risks: the case of radon

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    2000-01-01

    In France, radon has emerged as a public health issue mainly at the initiative of scientists. Even if public authorities have set up an embryo of regulations, for a long time scientists faced the radon issue alone, in producing knowledge, informing about their results, providing advice to public authorities, various bodies and individuals, and in participating in the process of technical standardisation. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions, experts are exposed to 'judicial risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because of the lack of a legal framework for public scientific expertise. The situation is confused: there is a growing will to involve scientific experts in decision-making in the field of public health, especially when the precautionary principle is at stake, and in parallel, no real materialisation of this expertise in terms of regulations, which puts on experts' shoulders some new responsibilities. Moreover we can observe a generalised increase in the attribution of blame and penal responsibility in French society which make the position of all actors involved more uncomfortable. We know that radon, as a domestic risk, is particular in many ways. Nevertheless, it can be used in an analysis of scientists' roles/actions and of the legal difficulties they face, to illustrate appropriately the problems that arise as expertise is developed about new risks. (author)

  16. INTERPRETACIÓN CONSTITUCIONAL Y JUDICIAL. COMO LEER SENTENCIAS JUDICIALES

    Directory of Open Access Journals (Sweden)

    Sergio Rodríguez Alzate

    2010-01-01

    Full Text Available El Estado colombiano es un Estado social de derecho (así lo define el Artículo 1º de nuestra Carta Política, con el cual se busca la realización de la justicia social y la dignidad humana mediante la sujeción de las autoridades públicas a los principios, derechos y deberes sociales de orden constitucional. De allí, se desprende que sea tan importante el Derecho Constitucional, ya que es la principal rama del derecho público por cuanto participa en todos los estamentos propios de lo jurídico y especialmente de la estructura del Estado como base de todo ordenamiento institucional político, razón por la cual al entenderse como la disciplina del derecho encargada de los estudios conceptuales de los estados sociales de derecho, es vital tanto el surgimiento de la Constitución Política como de su interpretación, desde el estudio de sus fundamentos hasta la asimilación de una hermenéutica jurídica que encamine a todos los gobernados por la norma de normas. De acuerdo al concepto anteriormente señalado, se hace necesario valorar el alcance de la Interpretación Constitucional en el contexto general de la Carta Magna facilitando la exégesis judicial y su contenido crítico, llegando a una conexión explicativa de cualquier problema jurídico y extrajurídico.

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

    Directory of Open Access Journals (Sweden)

    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.

  18. 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

  19. 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.

  20. [On the competitiveness between parties in judicial proceedings with the participation of a forensic medical expert].

    Science.gov (United States)

    Topil'skaia, E V; Kadochnikov, D S; Makarov, I Iu; Pankratova, I V; Rakitin, V A

    2011-01-01

    The authors report the results of analysis of the rights of the participants in judicial proceedings (both the prosecution and the defense) to appoint and carry out forensic medical expertise in the course of the criminal court process.

  1. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  3. 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...

  4. 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...

  5. 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)

  6. 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 ...

  7. 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....

  8. 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...

  9. 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...

  10. 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. ...

  11. Administrating Solr

    CERN Document Server

    Mohan, Surendra

    2013-01-01

    A fast-paced, example-based guide to learning how to administrate, monitor, and optimize Apache Solr.""Administrating Solr"" is for developers and Solr administrators who have a basic knowledge of Solr and who are looking for ways to keep their Solr server healthy and well maintained. A basic working knowledge of Apache Lucene is recommended, but this is not mandatory.

  12. Administrative Synergy

    Science.gov (United States)

    Hewitt, Kimberly Kappler; Weckstein, Daniel K.

    2012-01-01

    One of the biggest obstacles to overcome in creating and sustaining an administrative professional learning community (PLC) is time. Administrators are constantly deluged by the tyranny of the urgent. It is a Herculean task to carve out time for PLCs, but it is imperative to do so. In this article, the authors describe how an administrative PLC…

  13. Administrative Circulars

    CERN Document Server

    Département des Ressources humaines

    2004-01-01

    Administrative Circular N° 2 (Rev. 2) - May 2004 Guidelines and procedures concerning recruitment and probation period of staff members This circular has been revised. It cancels and replaces Administrative Circular N° 2 (Rev. 1) - March 2000. Administrative Circular N° 9 (Rev. 3) - May 2004 Staff members contracts This circular has been revised. It cancels and replaces Administrative Circular N° 9 (Rev. 2) - March 2000. Administrative Circular N° 26 (Rev. 4) - May 2004 Procedure governing the career evolution of staff members This circular has also been revised. It Administrative Circulars Administrative Circular N° 26 (Rev. 3) - December 2001 and brings up to date the French version (Rev. 4) published on the HR Department Web site in January 2004. Operational Circular N° 7 - May 2004 Work from home This circular has been drawn up. Operational Circular N° 8 - May 2004 Dealing with alcohol-related problems...

  14. 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.

  15. 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.

  16. Administrative Reform

    DEFF Research Database (Denmark)

    Plum, Maja

    Through the example of a Danish reform of educational plans in early childhood education, the paper critically addresses administrative educational reforms promoting accountability, visibility and documentation. Drawing on Foucaultian perspectives, the relation between knowledge and governing...... of administrative technology, tracing how the humanistic values of education embed and are embedded within ‘the professional nursery teacher' as an object and subject of administrative practice. Rather than undermining the humanistic potential of education, it is argued that the technology of accounting...

  17. 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.

  18. 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.

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

    Science.gov (United States)

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

    2013-04-01

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

  20. 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.

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  4. Is Social Media Challenging the Authority of the Judiciary? Rethinking the Effectiveness of Anonymised and Super Injunctions in the Age of the Internet

    Directory of Open Access Journals (Sweden)

    Manu Thaddeus

    2016-12-01

    Full Text Available While freedom of expression has a long and well-established constitutional foundation as a self-governing concept, the right to privacy is a relatively recent norm in the constitutional orientation of the United Kingdom. Until the Human Rights Act 1998, the right to privacy had little standing constitutionally. Following on from this standard-setting, notably, both rights have taken on added importance in our modern technological society. Nevertheless, the formulation of privacy into a legal doctrine of human rights seems to have presented a fundamental tension in relation to freedom of expression. As a matter of legal logic, the courts, through a consideration of the law, examine the substantive legal issues in terms of a balancing process, whereby the interest in privacy is balanced against the interest in freedom of expression. It is a matter of broad principle for the courts to rely on injunctions as ancillary instruments of equity in doing justice in this field. Significantly, while the elementary norm of an injunction is that it commands an act that the court regards as an essential constituent to justice, unfortunately, many contend that judges have gone beyond this point, and this is shifting opinions. In fact, serious concerns have been frequently expressed about the extent to which the rich are easily able to invoke the discretion of the court to grant injunctions in a fashion that remains an antithesis to the principle of open justice and also undermines the exercise of freedom of speech. While this suspicion is not entirely new to matters of procedural law, the recent case, PJS v News Group Newspapers turned on this controversy. Therefore, the aim of this paper is to examine the complexity of celebrity privacy injunctions in the age of the internet and question its relevance, as we outline the extent to which social media is challenging the authority of the state (judiciary in this direction.

  5. Chastity and Sexual Honesty of Young Women from the Judicial Perspective

    Directory of Open Access Journals (Sweden)

    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.

  6. Legitimacy in the Regulation of the Right to Life: Tensions Between the Legislative and the Judiciary in the Implementation of the Constitution

    Directory of Open Access Journals (Sweden)

    Federico Losurdo Losurdo

    2016-12-01

    Full Text Available The trial of ADPF 54 by the Supreme Court had the effect of regulating the beginning of the constitutional protection of life, silenced in the Federal Constitution of 1988 and in the ordinary legislation. However, the presentation of a legislative proposal for criminalizing the termination of pregnancy, due to the diagnosis of fetal anencephaly, provokes rising tensions about the limits of the judicial and legislative powers in the implementation of fundamental rights. In this study, these tensions will be analyzed in the light of comparative law, in order to understand how the regulation of the right to life is disciplined in other democratic States.

  7. Offentlig administration

    DEFF Research Database (Denmark)

    Nielsen, Elof Nellemann; Rehr, Preben René

    En undervisningsbog der henvender sig til administrationsbacheloruddannelsen. Kapitlerne er inddelt efter modulerne på uddannelsen og indeholder derfor elementer af administration, forvaltning, økonomistyring, innovation, samfundsvidenskabelige metoder og politisk styrede organisationer.......En undervisningsbog der henvender sig til administrationsbacheloruddannelsen. Kapitlerne er inddelt efter modulerne på uddannelsen og indeholder derfor elementer af administration, forvaltning, økonomistyring, innovation, samfundsvidenskabelige metoder og politisk styrede organisationer....

  8. SAT administrator

    International Nuclear Information System (INIS)

    Havas, A.

    1998-01-01

    SAT Administrator is the Information System for Nuclear Power Plant Personnel Training Program Design. It supports the design of training programs in the following phases: job analysis; task analysis; competency analysis; task competency association; definition of learning objectives to competencies; training program design; definition of test items. The general structure of the database and management software supports application of the SAT Administrator in any nuclear power installation

  9. 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

  10. 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...

  11. 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

  12. Juizados Especiais e Ativismo Judicial à Luz de Luis Alberto Warat

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  14. College Student Perceptions and Learning Points from the Formal University Judicial Process: A Multiple Case Study

    Science.gov (United States)

    Lucas, Christopher M.

    2009-01-01

    For educators in the field of higher education and judicial affairs, issues are growing. Campus adjudicators must somehow maximize every opportunity for student education and development in the context of declining resources and increasing expectations of public accountability. Numbers of student misconduct cases, including matters of violence and…

  15. In the shadow of the judge : The involvement of judicial assistants in Dutch district courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2017-01-01

    While judicial assistants occupy a central position in all types of court systems, the contribution of these staff members to the process of adjudication remains largely unknown, even though their involvement can have significant effects on the perceived quality and credibility of adjudication. This

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

    Directory of Open Access Journals (Sweden)

    Raquel de Souza Ramos

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

  17. Soft law in EU Competition Law and its judicial reception in member states : A theoretical perspective

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

    This work draws from accounts on the nature and legal effects of soft law instruments in EU and international law with the ultimate aim to construct a theoretical framework for recognition of EU competition soft law—guidelines, communications, notices, and the like—in the judicial discourse of

  18. 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...

  19. Medical negligence liability under the consumer protection act: A review of judicial perspective.

    Science.gov (United States)

    Joga Rao, S V

    2009-07-01

    It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

  20. 12 CFR 908.67 - Stay of final decision and order pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stay of final decision and order pending... Hearing and Post-hearing Proceedings § 908.67 Stay of final decision and order pending judicial review... the effectiveness of all or any part of an order of the Board of Directors pending a final decision on...

  1. 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

  2. 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'…

  3. 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...

  4. 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.

  5. 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

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  8. Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium

    NARCIS (Netherlands)

    I. Bambust (Isabelle); A. Kruger (Albert); T. Kruger (Thalia)

    2013-01-01

    markdownabstract__Abstract__ The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium. First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries. It is

  9. Administrative circular

    CERN Multimedia

    2003-01-01

    • N° 21 - August 2003 Special leave This circular has been amended. Copies of this circular are available in the Divisional Secretariats. In addition, administrative and operational circulars, as well as the lists of those in force, are available for consultation on the Web at: http://cern.ch/hr-div/internal/admin_services/admincirc/listadmincirc.asp Human Resources Division Tel. 74128

  10. Database Administrator

    Science.gov (United States)

    Moore, Pam

    2010-01-01

    The Internet and electronic commerce (e-commerce) generate lots of data. Data must be stored, organized, and managed. Database administrators, or DBAs, work with database software to find ways to do this. They identify user needs, set up computer databases, and test systems. They ensure that systems perform as they should and add people to the…

  11. Administrative IT

    Science.gov (United States)

    Grayson, Katherine, Ed.

    2006-01-01

    When it comes to Administrative IT solutions and processes, best practices range across the spectrum. Enterprise resource planning (ERP), student information systems (SIS), and tech support are prominent and continuing areas of focus. But widespread change can also be accomplished via the implementation of campuswide document imaging and sharing,…

  12. Montesquieu and Judicial Review of Proportionality in Administrative Law : Rethinking the Separation of Powers in the Neoliberal Era

    NARCIS (Netherlands)

    L. van den Berge (Lukas)

    2017-01-01

    textabstractThe present era has seen an unprecedented fragmentation of the public sphere, a breakup of public imperium into separate pieces, not only left in the hands of supranational or subnational authorities, but also entrusted to private actors. With the abandonment of previously undisputed

  13. 31 CFR 363.45 - What are the rules for judicial and administrative actions involving securities held in...

    Science.gov (United States)

    2010-07-01

    ....6 of this part. In the case of savings bonds, we will only make payment pursuant to the court order to the extent of the money judgment. We will not transfer the savings bonds. (f) IRS levy. We will... equity, or a similar court officer. We will honor a transaction request submitted by a trustee in...

  14. Russian Model Of The Administrative Justice

    Directory of Open Access Journals (Sweden)

    Natalja I. Jaroshenko

    2014-12-01

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

  15. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  17. Agents’ Response to Inefficient Judiciary

    DEFF Research Database (Denmark)

    Gregoric, Aleksandra; Zajc, Katarina; Simoneti, Marko

    2012-01-01

    The paper questions the impact of rule-based governance in an environment with poor legal enforcement and general mistrust in the law-setting institutions. We conduct a quasi-experiment and a survey to prove that ‘law on books’ can still play a role by triggering the social norm of ‘obeying the law......’. We furthermore expose and empirically confirm the role of the Corporate Governance Code as a signaling tool, and discuss why in a weak institutional environment the Code’s potential may be even stronger than in the developed market economies....

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

    Science.gov (United States)

    Berryessa, Colleen M

    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. Semi-structured interviews were conducted with 21 California Superior Court Judges, including questions on media portrayal. Judges perceived general media portrayals of hfASDs in both positive and negative ways. However, almost all judges who had experienced media coverage surrounding hfASDs and criminality identified it as misleading and harmful to public perceptions of the disorder. These findings suggest judges are not exempt from media attention surrounding violence and hfASDs, and they recognize the potential adverse effects of this negative coverage. Although judges' report their opinions are not affected, the results demonstrate that judges are worried that the public and potentially other criminal justice actors are adversely affected and will continue to be moving forward.

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

    Science.gov (United States)

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

    2013-11-01

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

  20. 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 ...

  1. Administrative contracts

    Directory of Open Access Journals (Sweden)

    Vukićević-Petković Milica

    2015-01-01

    Full Text Available Administrative contracts are a special type of contract where usually one of the contracting parties is a public law body and which is concluded for the performance of public service and the realization of a public interest. They go a long way since its inception to its eventual final acceptance of all the legal systems. One of the enduring characteristics of this type of contract is their disquised or unnoticed existence. This is why only monitoring their development may lead to a complete understanding of the importance and essence of this institution as well as the need for its complete legal regulation.

  2. Administrative contracts

    OpenAIRE

    Vukićević-Petković Milica

    2015-01-01

    Administrative contracts are a special type of contract where usually one of the contracting parties is a public law body and which is concluded for the performance of public service and the realization of a public interest. They go a long way since its inception to its eventual final acceptance of all the legal systems. One of the enduring characteristics of this type of contract is their disquised or unnoticed existence. This is why only monitoring their development may lead to a complete u...

  3. 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 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

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

    Directory of Open Access Journals (Sweden)

    Monika Lindbekk

    2017-06-01

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

  7. 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

  8. Judicial and institutional aspects of the nuclear energy peaceful used in Morocco

    International Nuclear Information System (INIS)

    Boudahrain, A.

    1996-01-01

    This document deals with the feasibility of the achievement of an electronuclear program in Morocco. In fact, it claims that all the dimensions (social and human) have not been taken into account. Moreover, the moroccan program will never be self-governing since international constraints are imposed, and financial and technical assistance mean domination by USA and France. Finally, problems of judicial and institutional system set-up are discussed. (TEC)

  9. El procedimiento administrativo disciplinario de la Función Judicial desde la perspectiva constitucional

    OpenAIRE

    Suárez Fernández, María Carolina

    2015-01-01

    La presente investigación académica analiza el procedimiento administrativo disciplinario de la Función Judicial desde el punto de vista constitucional para verificar si en cada una de sus etapas procedimentales se está cumpliendo con las garantías constitucionales del debido proceso y para verificar si los legitimados del procedimiento disciplinario: servidores judiciales sumariados, el órgano administrativo con potestad disciplinaria, los denunciantes, testigos, entre otros, aplican adecuad...

  10. 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...

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

    Directory of Open Access Journals (Sweden)

    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

  12. [Legal remedies: therapeutic markets and the judicialization of the right to health].

    Science.gov (United States)

    Biehl, João; Petryna, Adriana

    2016-01-01

    This study draw on the struggle of parents of children with mucopolysacchar idosis to access expensive drugs in the name of universal right to health. The work explores how, in Brazil, right-to-health litigation became an alternative pathway to access health care and shows that several public and private stakeholders dispute the judicialization of health. Biotechnology is, therefore, understood to remake human and social worlds as it opens up new spaces of ethical problematization, desire, and political belonging.

  13. Medical negligence liability under the consumer protection act: A review of judicial perspective

    Directory of Open Access Journals (Sweden)

    S V Joga Rao

    2009-01-01

    Full Text Available It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

  14. Execution of the European Arrest Warrant by the Romanian Judicial Authorities

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  17. 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

  18. El Poder Judicial Electrónico en Iberoamérica

    Directory of Open Access Journals (Sweden)

    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

  19. ¿Existe discrecionalidad en la decisión judicial?

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

  1. ADMINISTRATIVE CIRCULARS

    CERN Multimedia

    Division des ressources humaines

    2000-01-01

    N° 2 (Rev. 1) - March 2000Guidelines and procedures concerning recruitment and probation period of staff membersN° 9 (Rev. 2) - March 2000Staff members contractsN° 16 (Rev. 2) - January 2000TrainingN° 30 (Rev. 1) - January 2000Indemnities and reimbursements upon taking up appointment and termination of contractN° 32 - February 2000Principles and procedures governing complaints of harassmentThese circular have been amended (No 2, N° 9, N° 16 and N° 30) or drawn up (N° 32).Copies are available in the Divisional Secretariats.Note:\tAdministrative and operational circulars, as well as the lists of those in force, are available for consultation in the server SRV4_Home in the Appletalk zone NOVELL (as GUEST or using your Novell username and password), volume PE Division Data Disk.The Word files are available in the folder COM, folder Public, folder ADM.CIRC.docHuman Resources DivisionTel. 74128

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

    Directory of Open Access Journals (Sweden)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    Antonio José Vélez Toro

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    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].

  6. [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.

  7. What do the European Judges Strive for - An Empirical Assessment

    Directory of Open Access Journals (Sweden)

    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

  8. La influencia del género en las decisiones de los tribunales: del paternalismo judicial a los papeles familiares The influence of the gender on judicial decision-making: from judicial paternalism to family roles

    Directory of Open Access Journals (Sweden)

    Andreia de Castro-Rodrigues

    2012-04-01

    Full Text Available Recurriendo al concepto de género como objeto de análisis, este artículo realiza una retrospectiva sobre la evolución de la investigación sobre la influencia de factores extralegales en las decisiones judiciales, a través de la lectura de sus referencias bibliográficas más destacadas. En el caso concreto del género, esta evolución se caracteriza por una sofisticación crítica que provocó un cambio en las explicaciones asociadas a las diferencias encontradas en las sentencias atribuidas a hombres y mujeres. Esta transición parte de perspectivas simplistas relacionadas con una actitud paternalista por parte del sistema de justicia criminal, y evoluciona hasta perspectivas complejas y multifacéticas relacionadas con los diferentes papeles familiares ejercidos por hombres y mujeres.Using the concept of gender as an object of analysis, this article aims at having a retrospective description of the methodological and conceptual evolution regarding the influence of extralegal aspects on judicial decisions research through the most prominent authors. In the specific case of Gender, this evolution is characterized by a critical sophistication. The transition in the explanations in differential criminal sentences attributed to men and women evolved from a simplistic perspective linked to paternalism and chivalry hypothesis to more complex and multifaceted standpoints related to the different family roles exercised by men and women.

  9. La ética judicial en la regulación del matrimonio igualitario

    Directory of Open Access Journals (Sweden)

    Alfonso Córdoba Baviera

    2016-07-01

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

  10. APPLICATION OF THE WTO AGREEMENTS IN NATIONAL COURTS: COMPARATIVE ASPECTS OF WORLDWIDE AND LITHUANIAN JUDICIAL PRACTICES

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

    Full Text Available This article analyses the main World Trade Organization (WTO agreements: the 1994 GATT agreement and the agreements on the determination of the customs value and customs origin of goods. It also describes the problems involved in granting the direct effect of this external legislation in the Republic of Lithuania from the time of its accession to the WTO in 2001 and entry into the European Union (EU in 2004. The article seeks to answer the question of whether the external WTO legislation should be recognised as legal acts in the national legal system, with the capability for direct application in judicial proceedings. The article also considers whether individual persons can invoke the WTO agreements at a national level (in national courts to protect their legitimate rights and interests in international trade operations. In addition, it includes an analysis of practices followed by judicial authorities in the EU and countries in other regions, including the individual EU member states. The analysis leads to the conclusion that, unlike the case law of the Court of Justice of the European Union, the practices and experience of the Republic of Lithuania are essentially based on the provision that these sources of law could be directly applied at a national level in judicial cases related to the taxation of international trade operations. Analysis of the relevant issues is based on both theoretical (analysis and synthesis, systematic analysis and empirical methods (the statistical analysis of data, the evaluation and textual analysis of documents – in particular, decisions of national courts and the Court of Justice of the European Union (CJEU.

  11. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  12. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

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

    Directory of Open Access Journals (Sweden)

    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.

  14. 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...

  15. The beneficial role of a judicial process when "everything" is too much?

    Science.gov (United States)

    Handelman, Mark; Parke, Bob

    2008-01-01

    This narrative is written with the intent to encourage physicians as well as other healthcare professionals to use judicial processes, such as those provided by the Ontario Consent and Capacity Board, to help resolve conflict with treatment decisions between care providers and decision-makers. Through the presentation of a fictional yet common case scenario, it is argued that after all attempts at mediation have been attempted that the timely use of a third party is in the patient's, the family's and the healthcare team's best interests.

  16. Judicial individualization of criminal penalties for corruption offenses committed by civil servants and/or dignitaries

    Directory of Open Access Journals (Sweden)

    Ion TIPA

    2017-06-01

    Full Text Available This article focuses on the study of judicial personalization of criminal penalties applied for corruption offenses of civil servants and / or dignitaries. At the same time, the following study shows the criteria and rules for the individualization of a criminal punishment, the attenuating and aggravating circumstances that influence the application of criminal penalties, with examples from practice, thus mentioning the errors made by some instances of Lower court judgment in the Republic of Moldova. The study also shows the process of individualization of criminal punishment in the light of exceptional circumstances and the way of calculating sentences and arrest computations.

  17. 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...... in many cases, and being forced to wade into institutional debates over competence and the autonomy of the Union’s legal order, this chapter underlines the important role that the Court has played in external relations prior to international agreements being entered into, and seeks to carve out a formula...

  18. Subjetividad, Convicción e Imparcialidad judicial: El Juicio Lógico

    OpenAIRE

    Clementina Pintos Bentancur

    2016-01-01

    Diversos estudios doctrinarios se han realizado respecto a los aspectos procesales más puros de la sentencia. Pocos de ellos, en cambio, se han detenido a examinar con relativa minuciosidad un elemento clave en la decisión judicial: la convicción psicológica del juez. Nos centramos en una primera instancia, sobre los aspectos procesales que componen a la sentencia, como sus elementos, su naturaleza, la valoración de la prueba y los principios que la delimitan; llegando en último término al ju...

  19. The Indultados of Tescua: Criminal Rebellion and Judicial Reckoning during the War of the Supremes

    Directory of Open Access Journals (Sweden)

    Joshua M. Rosenthal

    2012-07-01

    Full Text Available In 1841 the public of Bogota followed the trial of 22 prisoners charged with the crime of rebellion during the War of the Supremes. Captured while serving as officers at the battle of Tescua, the accused claimed they had been forced to serve in the rebel army. This excuse was ignored and 21 of the defendants were sentenced to death, only to be spared by decrees of indulto in the following months. This article examines the logic behind such judicial reckoning, the narrative strategies employed by the accused in their defense, and the meaning of clemency in the early republic.

  20. Dysfunctions of the contemporary family from the perspective of judicial statistics

    Directory of Open Access Journals (Sweden)

    DANUTA KOWALCZYK

    2017-10-01

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

  1. A Danish killer amendment-when judicial review was banned from the 1849 Constitution

    DEFF Research Database (Denmark)

    Pedersen, M. N.

    2014-01-01

    In real political life "killer amendments" are very rare. William H. Riker was the first political scientist to draw systematic attention to this special "heresthetic" phenomenon, but he was himself only able to identify a handful of successful "killer amendments". Subsequent systematic empirical...... research has brought a few more to attention. In this article what may be the first successful example from outside the US context is described. It took place, when the Danish Constituent Assembly in 1849 discussed, if a proper judicial review procedure should be institutionalized in the Danish...

  2. As políticas públicas ante o Poder Judiciário

    OpenAIRE

    Barros, Sérgio Resende de

    2015-01-01

    [ES]Este artículo analiza los parámetros de actuación del Poder Judicial en el examen de políticas públicas procedentes de principios constitucionales programáticos. Se busca establecer la visión de que la anterior situación de inmunidad “discrecional” del administrador público ahora tiende a ceder ante un nuevo parecer respecto a la legalidad administrativa e de las políticas públicas, las cuales buscan hacer efectivos en la práctica social los derechos difusos, previstos en la Constitución ...

  3. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2016-01-01

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

  4. El género judicial. Materiales para su uso lingüístico / The judicial genre. Materials for its Linguistic study

    Directory of Open Access Journals (Sweden)

    Susana Ridao Rodrigo

    2010-06-01

    Full Text Available Resumen: El objetivo de este libro es contribuir al estudio del género judicial mediante la utilización de corpus orales. En el ámbito anglosajón, la lingüística forense ha sido una línea de trabajo muy cultivada por diversos investigadores, como lingüistas, sociólogos, psicólogos o traductores; pues nos encontramos ante un campo de análisis interdisciplinar. Estamos convencidos de que en español se han realizado pocos estudios sobre juicios orales debido a las dificultades que conlleva conseguir el corpus. Por ello, en este volumen nos hemos propuesto presentar las transcripciones de doce juicios. Igualmente, en la introducción facilitamos algunos datos relevantes relacionados con el devenir histórico de este género discursivo. A su vez, hacemos una breve presentación del estado de la cuestión. Dentro de la explicación de las variables sociosemióticas que configuran los juicios, destacamos los participantes y las relaciones de poder, así como la distribución del espacio y del tiempo.Abstract: The aim of the following book is to contribute to the study of the judicial genre by using oral corpus of speech. With respect to Anglo-Saxon context, forensic linguistics has been a line of work cultivated by many different researchers, including linguists, sociologists, psychologists, and translators; therefore, we find ourselves among a vast field of interdisciplinary analyses. We are convinced that there have been very few studies conducted regarding trials in Spanish due to the difficulties of obtaining the oral corpus. For that reason, in this volume we have proposed to present the transcriptions of twelve trials. Likewise, in the introduction we provide research relevant to the historic evolution of this field. Shortly after, we make a brief background. Within the explanation of the socio-semiotic variables that shape each trial, we point out the participants and the relevance of power, such as the distribution of space and time.

  5. 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

  6. Legal Terms Used in Reception Order and their Relevance to Judicial Process.

    Science.gov (United States)

    Subramanian, Nakkeerar; Ramanathan, Rajkumar; Kumar, Venkatesh Madhan; Chellappan, Dhanabalan Kalingarayan Palayam; Ramasamy, Jeyaprakash

    2016-01-01

    Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed.

  7. Predicting judicial decisions of the European Court of Human Rights: a Natural Language Processing perspective

    Directory of Open Access Journals (Sweden)

    Nikolaos Aletras

    2016-10-01

    Full Text Available Recent advances in Natural Language Processing and Machine Learning provide us with the tools to build predictive models that can be used to unveil patterns driving judicial decisions. This can be useful, for both lawyers and judges, as an assisting tool to rapidly identify cases and extract patterns which lead to certain decisions. This paper presents the first systematic study on predicting the outcome of cases tried by the European Court of Human Rights based solely on textual content. We formulate a binary classification task where the input of our classifiers is the textual content extracted from a case and the target output is the actual judgment as to whether there has been a violation of an article of the convention of human rights. Textual information is represented using contiguous word sequences, i.e., N-grams, and topics. Our models can predict the court’s decisions with a strong accuracy (79% on average. Our empirical analysis indicates that the formal facts of a case are the most important predictive factor. This is consistent with the theory of legal realism suggesting that judicial decision-making is significantly affected by the stimulus of the facts. We also observe that the topical content of a case is another important feature in this classification task and explore this relationship further by conducting a qualitative analysis.

  8. The fallibility of memory in judicial processes: lessons from the past and their modern consequences.

    Science.gov (United States)

    Howe, Mark L; Knott, Lauren M

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.

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

    Directory of Open Access Journals (Sweden)

    Joyce Marie Mushaben

    2013-09-01

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

  10. The fallibility of memory in judicial processes: Lessons from the past and their modern consequences

    Science.gov (United States)

    Howe, Mark L.; Knott, Lauren M.

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures. PMID:25706242

  11. Systemic interpretation and the judicial recovery of the possibility for companies in common

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    Juliana Hinterlang dos Santos Costa

    2015-06-01

    Full Text Available The Company in common was introduced by Brazilian law from the Civil Code of 2002 in its articles 986 to 990. In the previous period it was analyzed from the irregular company name or company and fact. The first was characterized by having written contract, but this was not brought to registration with the competent body and the second when there was no social contract. This study aims to analyze the figure of the Company in common, in the current legal system, from the majority interpretation that does not recognize the right to judicial recovery. It points out that this interpretation ignores: i principles governing the legal system and the economic subsystem; and ii that the current legislation allows their accountability before legal duties in labor spheres, tax, competitive and consumer. Under these main arguments is that they have highlighted the systematic interpretation to defend the right to judicial or extrajudicial recovery. So effective is legal certainty material.    Arraste e solte o arquivo ou link aqui para traduzir o documento ou a página da Web.Arraste e solte o link aqui para traduzir a página da Web.O tipo de arquivo que você soltou não é suportado. Tente outros tipos de arquivo.O tipo de link que você soltou não é suportado. Tente outros tipos de link. 

  12. [More than a decade improving medical and judicial certification in mortality statistics of death causes].

    Science.gov (United States)

    Cirera, Lluís; Salmerón, Diego; Martínez, Consuelo; Bañón, Rafael María; Navarro, Carmen

    2018-06-06

    After the return of Spain to democracy and the regional assumption of government powers, actions were initiated to improve the mortality statistics of death causes. The objective of this work was to describe the evolution of the quality activities improvements into the statistics of death causes on Murcia's region during 1989 to 2011. Descriptive epidemiological study of all death documents processed by the Murcia mortality registry. Use of indicators related to the quality of the completion of death in medical and judicial notification; recovery of information on the causes and circumstances of death; and impact on the statistics of ill-defined, unspecific and less specific causes. During the study period, the medical notification without a temporary sequence on the death certificate (DC) has decreased from 46% initial to 21% final (p less than 0.001). Information retrieval from sources was successful in 93% of the cases in 2001 compared to 38%, at the beginning of the period (p less than 0.001). Regional rates of ill-defined and unspecific causes fell more than national ones, and they were in the last year with a differential of 10.3 (p less than 0.001) and 2.8 points (p=0.001), respectively. The medical death certification improved in form and suitability. Regulated recovery of the causes of death and circumstances corrected medical and judicial information. The Murcia's region presented lower rates in less specified causes and ill-defined entities than national averages.

  13. 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.

  14. 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.

  15. 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

  16. Final report of the study on heat networks in Ile-de-France, contributing to the elaboration of the climate-air-energy regional scheme + Judicial aspect + Economic aspect + Assessment of development potential of urban heating in Ile-de-France - Analysis document based on the study on heat networks contributing to the elaboration of the climate-air-energy regional plan

    International Nuclear Information System (INIS)

    2012-10-01

    A first report is a contribution to the elaboration of a plan aiming at the substitution of fossil energies, at the development of heat deliveries, while maintaining network economic profitability. Such a plan is based on the connection of buildings, the renovation, extension and interconnection of existing networks, and the creation of new heat networks. The study addressed technical, urban, financial, judicial and cartographic aspects. Public statistical data have been used and interviews of actors (network funders, representatives of delegating authorities, social landlords, administrations, and technical professions) have been performed. A guide of good practices is proposed regarding contract reviewing conditions, possibilities of revision of subscribed power. Prospective issues are discussed: strategic stakes and deposits, actions paths and tools, strategy and action plan. Appendices address methodologies, organisation of the geographical information system, judicial aspect with the circular of 1982, financial data and aspects. Then, a set of reports more precisely presents various aspects addressed as a contribution for the study of heat networks in Ile-de-France: the judicial aspect (present status, guide of good judicial practices), the economic aspect (present status of sale prices and costs, analysis of financing, of revision formula), and an assessment of urban heating development (context, technical aspect, analysis of the geographical information system)

  17. 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.

  18. 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.

  19. 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.

  20. Administrative Appeals and ADR in Danish Administrative Law

    DEFF Research Database (Denmark)

    Conradsen, Inger Marie; Gøtze, Michael

    2014-01-01

    Administrative Appeals, review, administrative tribunals, ombudsman, alternative dispute resolution......Administrative Appeals, review, administrative tribunals, ombudsman, alternative dispute resolution...