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In: International observer, Band 27, Heft 451, S. 3493
ISSN: 1061-0324
In: Provisional Measures in International Law, S. 159-187
In: Lecture Notes in Economics and Mathematical Systems; Random-Like Multiple Objective Decision Making, S. 403-418
The civil justice system has been in a constant flux in the past decades due to changes in society and litigants' behaviour, as well as the increased factual and legal complexity of cases. The number of cases has been steadily increasing in many countries while the available budget required for more judicial staff, improving judicial case management, digitalisation of processes, and the required specialisation, has not in all instances increased at the same pace. This was worsened as a result of the recent financial crisis that affected many countries around the globe and has prompted governments to cut back on public expenditure. Austerity further challenges the demands of effective justice within a reasonable time,1 as is in the European context notably enshrined in Article 6 of the European Convention on Human Rights (ECHR). The financial crisis also led to a decrease in the funding of legal aid by the government in a number of countries, challenging access to justice for more vulnerable litigants in particular.
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This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.This third edition updates the law in all areas of criminal procedure. The chapter on powers of search and seizure has been completely rewritten to take into account significant new decisions, including, among others, Spencer, on internet anonymity; Vu, on searches of computers; TELUS Communications, on text messaging and wiretap authorizations; MacDonald, on safety searches; and Fearon, on search of cell phones incident to arrest. It also covers the various statutory changes made to search powers by the Protecting Canadians from Online Crime Act.
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An introduction to criminal procedure -- The sources of criminal procedure -- Searches and seizures -- Stop and frisk -- Probable cause and arrests -- Searches and seizures of property -- Inspections and regulatory searches -- Interrogations and confessions -- Eyewitness and scientific identifications -- The exclusionary rule and entrapment -- And criminal remedies for constitutional violations -- The initiation of the legal process, bail, and the right to counsel -- The courtroom: the pretrial and trial process -- Sentencing and appeals -- Counterterrorism
This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).
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In: Cambridge studies in international and comparative law [N.S.], 12
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Intro -- CONGRESSIONAL PROCEDURES -- CONGRESSIONAL PROCEDURES -- CONTENTS -- PREFACE -- Chapter 1 PARLIAMENTARY REFERENCE SOURCES: HOUSE OF REPRESENTATIVES* -- ABSTRACT -- INTRODUCTION -- PRINCIPLES OF HOUSE PARLIAMENTARY PROCEDURE -- House Procedures Are Determined by Multiple Authorities -- Constitutional Rule-Making Authority of the House -- House Rules Are Generally Not Self-Enforcing -- The House Rarely Disregards Its Precedents -- The House Adheres to Many Informal Practices -- THE HOUSE MANUAL AND AUTHORITIES IT CONTAINS -- House Manual -- THE CONSTITUTION -- JEFFERSON'S MANUAL -- RULES OF THE HOUSE -- PROCEDURAL PROVISIONS OF STATUTE -- PROCEDURAL PROVISIONS IN BUDGET RESOLUTIONS -- OFFICIAL COMPILATIONS OF PRECEDENTS OF THE HOUSE -- HOUSE PRACTICE -- DESCHLER'S PRECEDENTS -- HINDS' AND CANNON'S PRECEDENTS -- PROCEDURE IN THE HOUSE -- CANNON'S PROCEDURE -- ADDITIONAL AUTHORITIES -- SPEAKER'S POLICIES -- MEMORANDUMS OF UNDERSTANDING REGARDING COMMITTEE JURISDICTION -- RULES OF INTERNAL ORGANIZATIONS OF THE HOUSE -- COMMITTEE RULES OF PROCEDURE -- PARTY CAUCUS OR CONFERENCE RULES -- OTHER CONGRESSIONAL PUBLICATIONS ON PROCEDURE -- FLOOR PROCEDURES MANUAL -- HOW OUR LAWS ARE MADE -- ENACTMENT OF A LAW -- APPENDIX A. BIBLIOGRAPHY OF HOUSE PARLIAMENTARY REFERENCE SOURCES -- Official Reference Sources -- Publications of Committees and Offices of the House -- CRS Products -- APPENDIX B. HOUSE PARLIAMENTARY REFERENCE INFORMATION AVAILABLE THROUGH THE INTERNET -- Legislative Information System of the U.S. Congress (LIS) -- CRS Guides to Congressional Processes -- House Committee on Rules -- GPO Access -- Other Library of Congress Sites -- Other House of Representatives Sites -- Chapter 2 PARLIAMENTARY REFERENCE SOURCES: SENATE* -- ABSTRACT -- INTRODUCTION -- PRINCIPLES OF SENATE PARLIAMENTARY PRACTICE -- MULTIPLE SOURCES OF SENATE PROCEDURE.
This report discusses the Partial-Birth Abortion Act of 1997 (H.R. 1122). The report summarizes the legislation and why President Clinton vetoed it. Moreover, the report includes President Clinton's recommendation to amend the bill for him to pass. The report also suggests that little data has been created on the issue, but that it utilizes what data has been created.
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In: Politicka misao, Band 44, Heft 3, S. 145-159
This article analyzes possible procedures for political secession. After a literature review of theories of secession, the article presents the main arguments against & for secession. Than, on the basis of "no-fault" theory, this article proposes a procedure for secession. Furthermore, this procedure is empirically tested through analyses of secessions from former Yugoslavia. The main hypothesis is that secession is justified in two cases: first, when secession occurs as a result of consensus of all the main actors, including central government, &, second, when at least two-third majority of population supports secession. References. Adapted from the source document.
In: Erasmus Law Lectures 33 (Inaugural Lecture), Eleven International Publishing, 2013
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