Suchergebnisse

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.

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.

Islamic law in the legal system in Indonesia is one of the positive laws that apply in Indonesia. Islamic law is adhered to and obeyed by Muslims who are the largest population in Indonesia.In practice, Islamic law is one part of the applicable law in Indonesia, which has a very important and decisive role in regulating the life of the Indonesian nation.The state-society built by the Prophet SAW has provided some background and initial models of instruments and institutions that are important pillars of the existence of a state-society.So if from the perspective of modern constitutional science, there are three institutions of state power known as triaspolitica, namely the power of the legislative, executive and judiciary institutions, it turns out that Rasulullah SAW has practiced these three forms of institutions. Corruption is an extraordinary crime, has a systemic and widespread impact and has been placed as a violation of the economic and social rights of the people. It is not uncommon for perpetrators of criminal acts of corruption to run away during the trial process of corruption cases. If you look at it from the aspect of benefiting the Indonesian people as direct victims of the criminal act of corruption. Therefore, the trial process must continue even if the defendant runs away or is not present / in absentia. Keywords: Analysis, Corruption Crime, Defendant In Absentia, Islamic Law

The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.

Includes bibliographical references and index. ; / Sue Davis -- Robert G. McCloskey, historical institutionalism, and the arts of judicial governance / Howard Gillman -- Robert Dahl : democracy, judicial review, and the study of law and courts / David Adamany and Stephen Meinhold -- Martin Shapiro : anticipating the new institutionalism / Herbert M. Kritzer. ; The study of judicial behavior and the discipline of political science / Nancy Maveety -- C. Herman Pritchett : innovator with an ambiguous legacy / Lawrence Baum -- Glendon Schubert : the judicial mind / Jeffrey A. Segal -- S. Sidney Ulmer : the multidimensionality of judicial decision making / Robert C. Bradley -- Harold J. Spaeth : the Supreme Court computer / Sara C. Benesh -- Joseph Tanenhaus : the "learned discipline" of public law / Robert A. Carp -- Beverly Blair Cook : the value of eclecticism / Lee Epstein and Lynn Mather -- Walter F. Murphy : the interactive nature of judicial decision making / Lee Epstein and Jack Knight -- J. Woodford Howard Jr. : fluidity, strategy, and analytical synthesis in judicial studies / Nancy Maveety and John Anthony Maltese -- David J. Danelski : social psychology and group choice / Thomas G. Walker -- David Rohde : rational choice theorist / Saul Brenner -- Edward S. Corwin as public scholar / Cornell W. Clayton -- Alpheus Thomas Mason : piercing the judicial veil ; Mode of access: Internet.

The rule of law of the criminal obstruction of the judicial process raises the debate because it has the flexibility and is applied selectively by law enforcers resulting in injustice. This study aims to determine the qualifications of criminal acts of corruption that hinder the judicial process and analyze the implications of the modus operandi of corruption that hinders the judicial process. This research method using the normative law approach because studying norm, principles relating to Obstruction of Justice offense. The qualification of the offense of Obstruction of Justice may be limited by the method of grammatical interpretation, which implies the word (a) "prevent" is interpreted as restraining, prohibiting the meaning of acts aimed at corruption criminal proceedings unfulfilled; (b) "blocking" interpreted to obstruct, interfere, disturbing, meaning the act aimed to prevent the judicial process from being obstructed and whether the objective is achieved or not is a requirement; and (c) "thwarted" is interpreted as unsuccessful/failed means that the judicial process against corrupt perpetrators is unsuccessful and the business succeeds. The modus operandi of the Obstruction of Justice offense through the power of the community, legal counsel, and political channels implies (a) inhibition of law enforcement efforts; (b) difficulties in the development of cases; and (c) causes high-cost law enforcement.Bahasa Indonesia Abstrak: Aturan hukum tindak pidana menghalangi proses peradilan (Obstruction of Justice) menimbulkan perdebatan karena memiliki kelenturan dan diterapkan secara tebang pilih oleh penegak hukum, sehingga menimbulkan ketidakadilan. Penelitian ini bertujuan untuk menentukan kualifikasi tindak pidana korupsi yang menghalangi proses peradilan dan menganalisis implikasi modus operandi tindak pidana korupsi yang menghalangi proses peradilan. Metode penelitian ini menggunakan pendekatan hukum normatif karena mengkaji kaidah, asas-asas yang berkaitan dengan delik Obstruction of Justice. Kualifikasi delik Obstruction of Justice dapat dibatasi dengan metode penafsiran gramatikal yang memaknai kata (a) "mencegah" dimaknai sebagai menahan, melarang artinya perbuatan yang bertujuan agar proses peradilan tindak pidana korupsi tidak terlaksana; (b) "merintangi" dimaknai menghalang-halangi, mengganggu, mengusik, artinya perbuatan yang ditujukan agar proses peradilan terhalang dan apakah tujuan tersebut tercapai atau tidak bukan merupakan syarat; dan (c) "menggagalkan" dimaknai tidak berhasil/menjadi gagal, artinya proses peradilan terhadap pelaku tindak pidana korupsi tidak berhasil dan usaha tersebut berhasil. Modus operandi delik Obstruction of Justice melalui kekuatan masyarakat, kuasa hukum dan jalur politik yang berimplikasi pada (a) terhambatnya upaya penegakan hukum; (b) kesulitan dalam pengembangan kasus; dan (c) mengakibatkan penegakan hukum berbiaya tinggi.

This PhD thesis addresses the question whether the operation of the Irish superior courts in constitutionally reviewing political processes - with the power to strike them down - is a valuable institution that is compatible with democracy. This question is answered "yes" with the proviso that the role should be performed in a restrained manner. These claims are based on an account of democracy that says that democracy, as a system of government, ought to be recognised as pluralist in its justification, non- essentialist in its nature (subject to certain minimum conditions being present for a plausible claim to be democratic), and subject to evaluation by reference to an expansive range of consequences. This understanding of democracy recommends that the precise shape of the institutions and processes of democracy should themselves be worked out via democratic means. However, given that the shape of democracy will be recognised as not set in stone or immutable, there is a continuing danger of decay: democratic voting might lead to the degradation of democracy or elected leaders might seek to insulate their position from healthy political competition. Thus, there is space within normative democratic theory forjudges to protect democracy by intervening to strike down or declare impermissible certain measures or practices that are endangering democracy. The courts' work in this area should be restrained; the courts should see their role as subsidiary to the primary role for democratic process innovation belonging to elected officials. This thesis engages with academic debate about the legitimacy of judicial review in the sense of courts being empowered to strike down democratically enacted legislation. It is argued that the strongest case against judicial review does not defeat the above argument that the courts can overall help protect democracy via review of its processes. The thesis examines the electoral and referendum cases of the Irish High and Supreme Courts under the Constitution of Ireland. It is claimed that the courts have rightly embraced a power to conduct searching review of political processes. Although criticism of the courts' work arises at numerous points, the overall experience is one that shows that they have not excessively hindered the democratic working out of the shape of democratic government. The Irish experience does not show compelling reason to re-think, as a matter of constitutional design, the central claim that judicial review of political processes is a valuable institution in a democracy. Finally, partly because the shape of democracy is contested and evolving, there are not readily available precise instructions for the court to perform its role in protecting democracy. However, a number of principles can help guide the courts. These principles include judicial independence, minimalism, sensitivity to democratic structures as well as rights, and appreciation that the court's role is to protect democracy, not perfect it. ; TARA (Trinity?s Access to Research Archive) has a robust takedown policy. Please contact us if you have any concerns: rssadmin@tcd.ie

The paper considers the problem of understanding the legal process. The modern procedural legislation is analyzed for the existence of a legal process definition. The complexity and multifacetedness of the legal process manifestation was noted. The authors analyzed the current state of the problem on determining the essence of the legal process. The scientific works of Russian and foreign scientists devoted to the study of the nature of the legal process have been studied. Traditional (narrow) and universal (wide) scientific approaches to understanding the object of research are noted. The analysis of the legal process features identified in the legal science is carried out. The paper takes into account the legal science achievements and the peculiarities of the procedural and legal activity, on the basis of which the authors updated the idea of the modern legal process. As a result of the work, the main features of the legal process are identified, and its essence is determined. The essence of the legal process is presented as a system of basic features that give it a qualitative certainty. A study of this problem was conducted to establish a unified approach to understanding the legal process that ensures the unambiguity and certainty of the concept used. It is necessary to introduce into the procedural legislation its official definition with a view to eliminating in the practical activity the confusion of the legal process with related phenomena of legal reality: a jurisdictional process, a judicial process, and legal proceedings.

Acknowledgement: The University of Malta would like to acknowledge its gratitude to the 2015, European Commission, Directorate-General for Justice and Consumers for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section. ; The promotion and protection of the rights of the child is one of the objectives of the EU on which the Treaty of Lisbon has put further emphasis. This report is part of a study 'to collect data on children's involvement in judicial proceedings in the EU' which supports the implementation of the Commission Communication of 15 February 2011 'An EU Agenda for the rights of the child', which identified the lack of reliable, comparable and official data on the situation of children in the Member States (MS). This deficiency is a serious obstacle to the development and implementation of evidence-based policies and is particularly evident in the context of child friendly justice and the protection of children in vulnerable situations. Making the justice system more child friendly in Europe is a key action of the EU Agenda. It is an area of high practical relevance where the EU has, under the Treaties, competences to turn the rights of the child into reality by means of EU legislation. Improved data is crucial to the framing of such legislation. The objective of this study is: to establish statistics and collect data based on structural, process and outcome indicators on children involved in administrative judicial proceedings for the years 2008-2010 (and 2011 if available) for all 28 EU Member States; to provide a narrative overview of children's involvement in administrative judicial proceedings in the EU. The report describes the situation in each Member State as at 1 June 2012. This report examines the safeguards in place for children involved in administrative judicial proceedings. The Council of Europe Guidelines on child-friendly justice serve as a basis for the analysis of the provisions affecting children in civil judicial proceedings in each Member State ; N/A

This article argues for the necessity of the reform of the judicial appointment qualifi- cation, and the judicial appointment powers in Egypt. The article presents judicial ap- pointment process and requirement as the main case study. It illustrates the difference between de facto and de jure in the judicial appointment system in Egypt. These dif- ferences pave the road to a deeper understanding of legal and political aspects of dis- crimination against the poor, woman and political opposition within the appointment process. The article discusses the contemporary challenges in judicial appointment. The challenges can be summarized into: gender inequality, elimination of political mi- norities, and under-privileged citizens. Finally, the article proposes a solution for the problems identified in this article. These solutions are based on reforming the both the judicial appointment qualification, and the judicial appointment powers in Egypt.

Fil: Iaryczower, Matias. Universidad de San Andrés. Departamento de Economía; Argentina. ; Fil: Spiller, Pablo T. Universidad de San Andrés. Departamento de Economía; Argentina. ; Fil: Tommasi, Mariano. Universidad de San Andrés. Departamento de Economía; Argentina.

The Constitution of Lesotho has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process with deference. This deference seems to be based on the old common law notion of the non-intervention of the judiciary in the legislative process. The notion has its roots in the British constitutional system. The Constitution of Lesotho, 1993 has even protected this doctrine through a constitutional ouster clause in section 80(5). The main question which this paper seeks to answer is whether indeed the common law notion of non-intervention in the legislative process is part of the constitutional law of Lesotho. In the end, the paper uses South African jurisprudence on the review of the legislative process to make a case that Lesotho can use the supremacy clause in the constitution and other constitutional doctrines such as the rule of law and legality to break with the common law notion of non-interventionism.

The Constitution of Lesotho, 1993 has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process with deference. This deference seems to be based on the old common law notion of the non-intervention of the judiciary in the legislative process. The notion has its roots in the British constitutional system. The Constitution of Lesotho has even protected this doctrine through a constitutional ouster clause in section 80(5). The main question which this paper seeks to answer is whether indeed the common law notion of non-intervention in the legislative process is part of the constitutional law of Lesotho. In the end, the paper uses South African jurisprudence on the review of the legislative process to make a case that Lesotho can use the supremacy clause in the constitution and other constitutional doctrines such as the rule of law and legality to break with the common law notion of non-interventionism.