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Charles L. Barzun (University of Virginia School of Law) & John C. P. Goldberg (Harvard Law School) have posted Introduction: The Nature of the Judicial Process at 100 (Yale Journal of Law and the Humanities) on SSRN. Here is the...

This article examines the situations in which the laws of the Member States are relevant before the European courts. The presence of national law in the EU judicial process raises a series of questions linked to its legal status. In order to assess whether the current answers to such questions are appropriate, the article underlines that national law fulfils a variety of functions in the EU judicial process, ranging from the role of a question of law, when it constitutes the rule applied by the EU Courts, to the role of a question of fact when its compatibility with EU law is at stake. It is then observed that while it is appropriate that national law be accorded the legal status of a question of fact in circumstances in which it serves such a function, its legal status should be closer to the one of a question of law whenever it constitutes the rule that the EU Courts apply.

Introduction -- Legislative interference in the pending case scenario : the foundation of principle and the Australian position -- Legislative interference with judicial functions : the jurisprudence of the United States, evaluation of principle, and towards resolution -- The separation of powers and final judgments : defining the principle limiting legislative revision of final judgments -- Qualifications to the inviolability of final judgments and final summation -- Protections afforded decisional independence in jurisdictions without an entrenched separation of powers

Many of the leading contributors to the judicial process and behavior field are persons who completed an LL.B., and then moved on to a doctorate and to teaching in political science; very few persons have gone the opposite route since the end of World War II. One of that tiny minority is the author of a recent PS article, "Who is Listening?" in which he observed that "it may be significant that some of the older generation [of traditional public law scholars] wound up teaching in law schools jointly or exclusively." It may also be significant that it did not occur to him how well the shoe fits.Robert Dixon inappropriately subtitled his essay "Political Science Research in Public Law" — inappropriately because what he thereby denotes is virtually a null category. Even so, his may well prove to have been the last gasp of reactionary legalism, at least in the professional literature of political science.

By making 'meaning' the focus of study this paper offers a novel way of understanding the legal prosecution of drink‐drivers: the analysis relates to the defendant's perspective. Data were derived from observations of hearings in a lower criminal court in Western Australia, and interviews with 66 individuals who appeared on drink‐driving charges. The findings emphasise the significance for the accused driver of the pre‐court procedures. It is demonstrated that whilst most drink‐driver defendants plead guilty because they accept their guilt, their decision on the plea is constrained by their desire to minimize the various costs associated with judicial procedure. The question of whether or not the present system of processing drink‐drivers protects the interests of the accused merits further investigation.

The Florence Integration Through Law series is the product of a projected centred in the Law department of the European University Institute under the general editorship of Mauro Cappelletti, Monica Seccombe and Joseph Weiler. ; Digitised version produced by the EUI Library and made available online in Open Access in 2021 for research or private study purposes

Summary. The aim of the research. The article focuses on the analysis of the judiciary practice against the church and faith during the period of Ukrainian Hetman state (Viisko Zaporizke). The judiciary practice is preserved in the court books, the Lithuanian metrics and the archival materials, in order to find out the features of the time trial, in particular, and the church law in general. The research methodology. Having applied the necessary methodological means, namely: dialectical, axiological, historical and philosophical, systemic, functional methods; formal-legal, systemic-structural, genetic, historical functional, comparative legal and historical legal methods, there has been investigated and generalized the experience of reviewing the cases on the crimes against the church and the faith under the conditions of the formation of the Ukrainian national state, founded by Hetman B. Khmelnytskyi. The scientific novelty consists in elucidating the peculiarities of considering the cases against the faith and the church in Ukrainian Hetman state, establishing mitigating circumstances that contributed to the reduction of punishment or the release. Conclusions. In the article it has been confirmed that after the end of the National Liberation War of the Ukrainian people in the second half of the XVIIth century the competence of the church courts was not defined at the legislative level. In fact, the church courts considered only their own internal church affairs, and the crimes against the faith and the church belonged to the general jurisdiction of secular Cossack or magistrate courts. It has been traced the reception of the legal traditions that existed during the Rus era and remained their validity under the conditions of Ukrainian Hetman state existence. Because in the second half of the XVIIth century in Ukraine there continued to be used water testing as the form of evidence, genetically inherited from the legal system of the Rus state. Consequently, the continuity of Ukrainian law has been proved. It has been confirmed that the legal responsibility that followed the crimes committed against the church and faith had its peculiarity in connection with the need to reconcile the final court sentence with the requirements of the injured party. There have been revealed the cases of mitigation and abolition of the sanctions in case of the absence of the categorical claims and demands of the victim and the correspondent petitions from the representatives of the clergy and the community. It has been revealed that the crime cases against religion, family and morals could be considered by any court, regardless of their hierarchy in the vertical of this branch of government, despite a number of the judicial institutions that functioned in Ukraine.

Summary. The aim of the research. The article focuses on the analysis of the judiciary practice against the church and faith during the period of Ukrainian Hetman state (Viisko Zaporizke). The judiciary practice is preserved in the court books, the Lithuanian metrics and the archival materials, in order to find out the features of the time trial, in particular, and the church law in general. The research methodology. Having applied the necessary methodological means, namely: dialectical, axiological, historical and philosophical, systemic, functional methods; formal-legal, systemic-structural, genetic, historical functional, comparative legal and historical legal methods, there has been investigated and generalized the experience of reviewing the cases on the crimes against the church and the faith under the conditions of the formation of the Ukrainian national state, founded by Hetman B. Khmelnytskyi. The scientific novelty consists in elucidating the peculiarities of considering the cases against the faith and the church in Ukrainian Hetman state, establishing mitigating circumstances that contributed to the reduction of punishment or the release. Conclusions. In the article it has been confirmed that after the end of the National Liberation War of the Ukrainian people in the second half of the XVIIth century the competence of the church courts was not defined at the legislative level. In fact, the church courts considered only their own internal church affairs, and the crimes against the faith and the church belonged to the general jurisdiction of secular Cossack or magistrate courts. It has been traced the reception of the legal traditions that existed during the Rus era and remained their validity under the conditions of Ukrainian Hetman state existence. Because in the second half of the XVIIth century in Ukraine there continued to be used water testing as the form of evidence, genetically inherited from the legal system of the Rus state. Consequently, the continuity of Ukrainian law has been proved. It has been confirmed that the legal responsibility that followed the crimes committed against the church and faith had its peculiarity in connection with the need to reconcile the final court sentence with the requirements of the injured party. There have been revealed the cases of mitigation and abolition of the sanctions in case of the absence of the categorical claims and demands of the victim and the correspondent petitions from the representatives of the clergy and the community. It has been revealed that the crime cases against religion, family and morals could be considered by any court, regardless of their hierarchy in the vertical of this branch of government, despite a number of the judicial institutions that functioned in Ukraine.