Suchergebnisse

This study discusses the issue of contesting the resolution related to the assignment of bids in the public works contract in both Palestine and Jordan. The legislators in both countries have organized the legal procedures that the administrative bodies and the bidders must adhere to when contracting in the public works of government according to the bylaw resolution 8 of 2014 on Palestinian General Procurement, and the Cabinet Decision of the Palestinian Public Procurement System for 2014, as well as the instructions of the Jordanian government tenders for the year 1987. The appeal may be based on the resolution of referral through the defects of the administrative resolution, which is the defect of deviation, jurisdiction, form and procedures, or based on the resolution to refer to an incorrect reason or defect of violation of the law. The post-contract disputes are assigned to the ordinary court, The interpretation of the contract and the rights of its parties is a dispute governed by the contract, where it is considered a civil dispute. The study concluded that the resolution of assignment in the contract of public works should be subject to the full jurisdiction of the administrative judiciary, with the necessity for the Palestinian Administrative Judiciary to become Cancellation and compensation judiciary with multiple administrative courts in terms of location, Similar to the Jordanian administrative judiciary.

This paper examines a relatively neglected dimension of industrial relation in India, namely judicial intervention in industrial disputes. Through an interrogation of judicial intervention in capital-labour disputes in the state of West Bengal, the paper makes an original contribution to the literature. Through quantitative as well as qualitative examination of court cases, the paper addresses some important questions concerning the nature of judicial intervention. Does the declining force of trade union movements signify a corresponding shift to judicial recourse or an increasing pro-labour judiciary? How are the disputes read by the judiciary: do they adhere to a strict legalistic understanding or does their intervention involve going beyond the letter of the law? Is there uniformity in the nature of verdicts along the spectrum of the judiciary, ie, from the labour tribunals to the higher judiciary (High Court/Supreme Court)? Through an extensive case study of court judgments from labour tribunal to High Court to Supreme Court (where applicable), the paper situates the answers to these questions in the unique context of the sub-state of West Bengal with its specific political framework. Investigating the disjuncture between the legal prescriptions and their invisible implications, or between the jurisprudence at different levels, the paper provides clues to understanding not only the way judicial intervention plays out but also the way in which industrial relations are managed and understood in the context of West Bengal.

Since the late 1970s, the Chinese judiciary has undergone a continuous reform process of professionalization and institutionalization. Despite the political constraints, there are sufficient opportunities and incentives to continue China's judicial reform so as to enhance judicial capacity and rebuild trust and credibility. It is undeniable that the Chinese judiciary has been improving itself noticeably through enhancing professionalism, institutionalization and autonomy. Judicial reform is possible because China's authoritarian system demands for a degree of the rule of law. First, rule of law legitimizes political powers and generations of party and, without exceptions, state leaders in the reform China have invariably embraced the concept of rule of law at certain stage of terms. Second, the central government may rely on the rule of law and an effective court in particular to rein in local governments. Third, the rule of law may have proved to be the most effective mechanism for dispute resolution in the long run. The primary function of the court from this perspective is to offer efficient dispute resolution for the vast majority of individual cases. To be effective for an institution that is politically weak, the judiciary must develop a sufficient degree of credibility that it is autonomous from political and social influences, neutral to the parties before it, and fair in applying rules. China is likely to develop a judiciary that is politically submissive, but professionally capable in offering effective and fair legal solution to disputes. ; preprint

The article investigates strategies of structural reform of the Judiciary. It starts from the identification of the causes of the Judiciary's inefficiency and discusses coherent and politically legitimated proposals for the access to, the debureaucratization and the efficiency of the judicial proceedings. It points out the reasons for the failure of the judicial reform policies in the nineties, which were stimulated by multilateral credit banks, and characterizes some incipient systems of judiciary management that are being successful. Finally, the article introduces some reform proposals starting from Carnelutti's tripartition (concerning human resources, procedural means and the procedural model). Key words: procedural efficiency, reforms of the Judiciary, management of the Judiciary. ; El texto investiga estrategias de reforma estructural del sistema de justicia, partiendo de la identificación de las causas de su ineficiencia y articulando propuestas coherentes, políticamente legítimas, y que buscan el acceso, la desburocratización y la eficiencia de los procedimientos jurisdiccionales. Señala las razones del fracaso de las políticas de reforma del sistema de justicia en los años 1990, estimuladas por bancos multilaterales de crédito, y caracteriza algunos sistemas incipientes de gestión judicial que vienen logrando éxito. Finalmente, introduce algunas propuestas de reforma, partiendo de la tripartición Carneluttiana (en lo que se refiere a los recursos humanos, a los medios procesales y al modelo procesal). Palabras claves: efectividad del proceso, reformas del sistema de justicia, gestión de los órganos jurisdiccionales.

While it is generally accepted that intentional racial discrimination by schools is unconstitutional, there is no such acceptance of mandatory busing as a means of desegregation. A case study of Los Angeles over the years 1976-1981 illustrates the result of busing: massive white flight & increases in attendance of white children at private schools. Thus, busing does not end or reduce segregation. Several reviews have found the effects of desegregation on academic achievement & racial attitudes to be small or even negative. Mandatory busing is not a feasible or equitable policy. Of the various possible approaches to this problem, the best appears to be restriction of the Supreme Court's power to impose remedies of certain kinds, & definition of remedies other than busing for racial imbalance. 2 Figures. W. H. Stoddard.

В статье вопросы судоустройства Исламской Республики Иран рассматриваются на основе анализа уголовного и уголовно-процессуального законодательства, а также Конституции. Затрагиваются фундаментальные принципы, на которых построена судебная власть Ирана, а также принципы организации и деятельности этой ветви власти. Соответствующие функции судебной власти выделены с учетом национальной специфики Исламской республики. Библиогр. 7 назв. ; In the present paper deals with the judicial system of the Republic of Iran, based on an analysis of criminal and criminal-procedural legislation of Iran, as well as the Constitution of the Islamic Republic. It touches upon the fundamental principles on which Iran's judiciary is built as well as the principles of organization and activities of the branch. The respective roles of the judiciary, taking into account national specifics of the Islamic Republic are identifieds. Refs 7.

Agenda. - (6 S.).; Wehmhoerner, Arnold: Welcome address. - (9 S.).; Dias, Maximo: O papel dos partidos politicos. - 8 S.; Dias, Maximo: The role of political parties. (Unofficial translation). - 7 S.; Friedman, Steven: From freedom fighters to the seats of power. - 16 S.; Kauluma, Peter: The role of traditional leaders. - 5 S.; Lundin, Irae Baptista: The role of traditional leaders. - 19 S.; Lungu, Edgar Chagwa: The judiciary: fearless and independent?; Makumbe, John Mw: From freedom fighters to the seats of power: the case of Zimbabwe. - 19 S.; Manyarara, John Oliver: The judiciary: fearless and independent?; Mayani, Morgan: The media in a democratic society: the Malawi case. - 5 S.; M'Membe, Fred: The media in a democratic society. - 5 S.; Mogotsi, Vance: Is the centre willing to share power? - 11 S.; Mulato, Ernesto: Building democracy at grassroot levels. (Unofficial translation). - 3 S.; Munyenyembe, R. T. C.: The parliament: making democracy work. - 14 S.; Rukoro, R. V.: The judiciary: fearless and independent? 8 S

"The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally. Some forty-five people--including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar--gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.

The purpose of the article is to present the fundamental rules and regulations constituting the position of the judge in Poland, which finds its basis first of all in the regulations of the basic law interpreted over the years by the Constitutional Court, but now – in the norms of international law. Moreover, the author included his thoughts on the issues of the legitimization of judicial power and its relationship with the legislative and the executive. He also referred to the ongoing discussions on the status of the National Council of the Judiciary as a constitutionally-established body, whose task is to guarantee the independence of courts and the independence of judges in Poland. Furthermore, the article discusses the procedure and criteria of appointing a candidate to the position of a judge to different levels of the judiciary. It also deals with the basic elements guaranteeing the effectiveness of the principles of the independence of the judiciary such as neutrality, irremovability, incompatibility, immunity and the judge's material status.

When we speak of judges who judge for Utopia, we speak about judges today who pursue a better world through their judging. In this contribution, it is argued that a judiciary that is actively engaged in making the world a better place is good for society, also from a legal point of view. Since the most urgent call for utopian law and utopian judging today is on the issue of climate change, litigation in this field forms the main case for discussion. Controversial issues of utopian judging arise when there is disagreement in society over the direction the judiciary is taking, or when the judiciary is taking a separate way from the legislator or the executive power. In such situations, utopian judges may come under criticism for judicial activism or excessive judicial review. It is submitted here that disagreements and differences are, however, not something that should be avoided; they drive the system forward in the exercise of checks and balances. Climate change litigation is an example where there is a need for this today.

The article highlights topical problems of the formation of the judiciary in the Ukraine. It considers the influence of political and other factors on the effectiveness of the procedure on forming the judiciary by electing. It reveals current problems, disadvantages and benefits of forming the judiciary by electing judges. On this basis, it outlines primary areas of new initiatives in reforming of the judicial branch. ; В статье освещаются актуальные проблемы формирования судейского корпуса в Украине. Рассматривается вопрос о влиянии политических и других факторов на эффективность порядка формирования судейского корпуса путем выборности. Раскрыты проблемные вопросы, недостатки и преимущества формирования судейского корпуса путем выборности судей. На этой основе очерчены основные направления новых инициатив в области реформирования судебной ветви власти. ; У статті висвітлюються актуальні проблеми формування суддівського корпусу в Україні. Розглядається питання щодо впливу політичних та інших факторів на ефективність формування суддівського корпусу шляхом виборності. Розкрито проблемні питання, недоліки та переваги формування суддівського корпусу шляхом виборності. На цій основі окреслено основні напрями нових ініціатив у сфері реформування судової гілки влади.

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.