Suchergebnisse

The aim of this article is to consider whether different levels of linguistic protection and promotion lead to different regional or minority language use patterns before judicial authorities. The analysis, carried out among those EU member states which have ratified the European Charter for Regional or Minority Languages (ECRML) and which have signed undertakings from Article 9, paragraph 1 at (i) and (ii) levels, shows that regional or minority languages have rarely if ever been used before courts, as they are perceived by their speakers as inadequate for the judicial domain. It also shows that, while one of the elements influencing the language choice of regional or minority language speakers, namely the lack of employees of the judiciary sufficiently competent in the relevant regional or minority language, has proved to vary according to the levels of linguistic protection implemented. Other factors (fear of delays in the proceedings, fear of being seen as 'troublemakers', lack of adequate terminology and lack of information) do not seem to depend on the different degrees of enforceability of the relevant linguistic provisions. (ECMI)

'The aim of this article is to consider whether different levels of linguistic protection and promotion lead to different regional or minority language use patterns before judicial authorities. The analysis, carried out among those EU member states which have ratified the European Charter for Regional or Minority Languages (ECRML) and which have signed undertakings from Article 9, paragraph 1 at (i) and (ii) levels, shows that regional or minority languages have rarely if ever been used before courts, as they are perceived by their speakers as inadequate for the judicial domain. It also shows that, while one of the elements influencing the language choice of regional or minority language speakers, namely the lack of employees of the judiciary sufficiently competent in the relevant regional or minority language, has proved to vary according to the levels of linguistic protection implemented. Other factors (fear of delays in the proceedings, fear of being seen as 'troublemakers', lack of adequate terminology and lack of information) do not seem to depend on the different degrees of enforceability of the relevant linguistic provisions.' (author's abstract)

The paper makes an attempt to identify the essence of the principle of ex officio investigation, which is considered common to administrative procedure and administrative proceedings. The authors set the task of analyzing not only the similar manifestations of this principle in the procedure and proceedings. An equally important for understanding the essence of the principle, and therefore the correct application of procedural and processual norms, is, according to the authors, to distinguish its different manifestations that cannot be ignored, because this principle forms the basis for the activities of representatives of various branches of power, namely executive and judicial. In order to perform the stated task, the paper analyzes among the rules of the Law of Ukraine "On Administrative Procedure" and the Code of Administrative Proceedings of Ukraine those that characterize the considered principle, it is demonstrated in comparison how the representatives of each branch of power use them. As a result, the paper states that the representatives of executive and judicial authorities, under the influence of the principle of ex officio investigation, demonstrate evident activity in proceedings: they are authorized to take actions on their own, without obtaining the consent of the interested parties, which guarantee that the decision made by them in the case will fully meet the requirements declared at the regulatory level. At the same time, such activity is ensured by norms formulated taking into account the nature of the activities of each of the subjects of power, and therefore, in its manifestations, it cannot be recognized as identical.

LINCOLN'S UNDERSTANDING OF THE CONSTITUTION BREAKS VERY LITTLE NEW GROUND: IN ALL IMPORTANT RESPECTS IT FOLLOWS IN THE NATURAL RIGHTS TRADITION OF THE EIGHTEENTH CENTURY. HIS PRINCIPAL CONTRIBUTION TO OUR CONSTITUTIONAL JURISPRUDENCE LIES IN THE ADAPTATION OF THIS UNDERSTANDING TO THE PRACTICE OF JUDICIAL REVIEW. DRED SCOTT V. SANDFORD WAS ONLY THE SECOND CASE IN WHICH THE SUPREME COURT INVALIDATED CONGRESSIONAL POLICY, AND IT WAS THE FIRST OCCASION WHERE LEGISLATION OF ANY IMPORTANCE WAS INVOLVED. JOHN MARSHALL HAD CHOSEN WISELY IN SELECTING A RATHER TRIVIAL SECTION OF A LAW DEALING WITH JUDICIAL MATTERS TO CREATE THE PRECEDENT FOR JUDICAL REVIEW. THE LUXURY OF INSIGNIFICANCE DID NOT PRESENT ITSELF TO LINCOLN; INSTEAD, OUR MOST PROFOUND NATIONAL CRISIS RENDERED UNAVOIDABLE REFLECTION ON THE GREAT UNRESOLVED DILEMMA OF JUDICIAL REVIEW HOW TO RESPOND TO A DEVIANT DECISION OF A DEVIANT INSTITUTION. LINCOLN'S RESPONSE TO IGNORE THE DECISION AS A POLITICAL RULE, WAS PREDICATED ON THE VIEW THAT THOSE SWORN TO UPHOLD THE CONSTITUTION HAVE AN OBLIGATION TO ADVANCE THE CAUSE OF CONSTITUTIONAL PRINCIPLE, TO THE END OF REALIZING THE IDEALS OF THE DECLARATION OF INDEPENDENCE.

AbstractThis paper examines the context in which church leaders in the regions of Mesopotamia and the Fertile Crescent, during the first few centuries after the Arab conquest, were objecting to the appeal of the their coreligionists to judicial authorities outside ecclesiastical control. Rather than assuming that from the outset of the Islamic conquest Muslim judges served as immediate judicial alternatives, the paper shows that, at least in the early Islamic period, church leaders were often aiming their exhortations towards Christians who sought the authority of other Christian figures from outside ecclesiastical jurisdiction.