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Journal articles on the topic 'Chiefs' courts'
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1
Gocking, Roger. "Colonial rule and the ‘legal factor’ in Ghana and Lesotho." Africa 67, no. 1 (January 1997): 61–85. http://dx.doi.org/10.2307/1161270.
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This article compares and contrasts the development of the legal systems of two British colonies that occuped almost opposite ends of the colonial judicial continuum: what in colonial times were known as the Gold Coast and Basutoland. Both became British colonies in the late nineteenth century, but followed considerably different paths to that status. In the case of the Gold Coast it followed centuries of contact between Europeans and the coastal peoples in this area of West Africa. In the case of Basutoland incorporation into the European world was a nineteenth-century phenomenon and far more rapid. Nevertheless, at the turn of the century, as indirect rule became the officially accepted wisdom as to how colonial peoples should be ruled, administrators in both colonies sought to make the chiefly order an integral part of the colony's administration and award its chiefs judicial responsibilities. In the Gold Coast, however, chiefly courts remained in competition with a highly developed British-style Supreme Court. In Basutoland there were basically only chiefly courts until late in the colonial period, which applied Sesotho customary law that was written down as the Laws of Lerotholi in 1903. The two-tier judicial system of the Gold Coast allowed far more contestation and was far more flexible and responsive to social changes than was the case in Basutoland. Incremental changes over time meant that the judicial system evolved far more smoothly than in Basutoland. When in the latter colony changes did not come ‘from above’ in the 1940s, there was a serious outbreak of ‘medicine murders’ that many observers felt was directly related to the chiefs losing their judicial role. Also, the colony's high court ruled against the validity of the Laws of Lerotholi in the controversial ‘Regency case’. Apart from being a return to comparative analyses of the impact of colonial rule on former African colonies, much in vogue in the 1960s, this study is an attempt to modify the emphasis on ‘cleavage’ and the ‘coercive’ that has characterised historians' approach to the study of colonial law.
2
Werbner, Pnina, and Richard Werbner. "Divorce as Process, Botswana Style." Journal of Legal Anthropology 2, no. 2 (December 1, 2018): 1–23. http://dx.doi.org/10.3167/jla.2018.020202.
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This article aims to unravel the complex negotiations surrounding property settlements and custody in cases of divorce in customary courts in Botswana today in the light of an earlier legacy of penalising divorce initiators. It argues that women’s attempts to get their husbands to initiate divorce proceedings can entangle women in lengthy negotiations and ultimately frustrate the aim of achieving a divorce. Repeated court hearings can last for years, we show. At the same time, in Botswana’s statutory courts today, an equal division of property irrespective of the causes of marital breakdown has become established practice. In the article, we aim to show that customary laws regarding property settlement in divorce have indeed changed, gradually adjusting to notions of equity in women’s rights in marriage, in response to a wider ideological, critical movement, even though chiefs or headmen presiding over customary courts do not always explicitly acknowledge this change.
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Berry, Sara. "A Death in the Family: Property, Inheritance, and Belonging in Late Colonial Asante." Journal of African History 62, no. 2 (July 2021): 271–83. http://dx.doi.org/10.1017/s002185372100027x.
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AbstractAn inheritance dispute heard before one of the chiefs’ courts established in Asante under indirect rule illustrates the multivalent, dynamic character of social institutions at a time of economic and political transition. Litigated in 1951, the dispute raised questions about the meaning of ‘family’ and ‘belonging’, and their significance for people's access to wealth and their obligations to one another. Played out against a backdrop of potentially far-reaching social and political change in Ghana and beyond, cases such as this one suggest that terms such as ‘belonging’ and ‘family’ are best understood as labels for complex social processes, rather than facts that determine people's social identities and entitlements.
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Sachs, Jeffrey Adam. "“Native Courts” and the Limits of the Law in Colonial Sudan: Ambiguity as Strategy." Law & Social Inquiry 38, no. 04 (2013): 973–92. http://dx.doi.org/10.1111/lsi.12040.
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This article offers a way of thinking about colonial-era legal reform that departs from traditional narratives by highlighting the importance of legal ambiguity in state building projects. Following the establishment of “Native Administration” in the Sudan in the early 1920s, the British colonial government conferred expansive judicial and administrative powers on tribal sheikhs and nazirs (chiefs), while at the same time discouraging many attempts to formalize or standardize those powers, preferring instead that they remain informal and undefined. This policy, which I term “strategic ambiguity,” emerged out of a belief that tribal leaders would be more effective if they possessed maximum discretion and judicial flexibility, even though the result was a colonial government woefully ill-informed about much of its own judicial system. These findings point to a way of thinking about colonial-era legal reform in which governmental ignorance was actually productive of sovereignty, and not an obstacle to it.
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Watt, Douglas. "‘The laberinth of thir difficulties’: the Influence of Debt on the Highland Elite c. 1550 – 1700." Scottish Historical Review 85, no. 1 (April 2006): 28–51. http://dx.doi.org/10.3366/shr.2006.0029.
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In the inflationary economic conditions of the late sixteenth and early seventeenth centuries Highland chiefs borrowed extensively. Indebtedness was caused by increasing expenditure in response to the rising authority of the state, which included an active engagement with the central courts and the employment of the legal profession; conspicuous consumption, absenteeism following the regal union of 1603 and a relatively plentiful supply of credit occasioned by the growth of the debt market. Indebtedness was primarily the result of high levels of expenditure rather than deficiency of income. The Highland economy was devastated during the Civil War period and there is extensive evidence of severe financial distress among the Highland elite in the later seventeenth century. This was caused by the significant build up of debts from the later sixteenth century, the collapse of incomes during the mid-century political crisis and the deflationary economic environment of the period from 1650 to 1670. During the Restoration there was a fundamental shift in the nature and structure of clanship from traditionalism to commercialism. The intensity of transition was focused on the thirty or forty years following the mid-century as chiefs were faced with a debt deflation which led to a decline in their position politically, financially, socially and culturally. Many lost control of their estates to commissions. Some responded by raising rents or more intensive engagement with droving, colonisation, extractive industries and merchant networks. Others became backward looking, insecure, impoverished and melancholic. The financial crisis precipitated by the combination of indebtedness and deflation was therefore a pivotal aspect of the process by which Highland chiefs adopted the values of landlords.
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Smith, Randal. "‘Money breaks blood ties’: chiefs' courts and the transition from lineage debt to commercial debt in Sipolilo district." Journal of Southern African Studies 24, no. 3 (September 1998): 509–26. http://dx.doi.org/10.1080/03057079808708587.
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Wig, Tore, and Daniela Kromrey. "Which groups fight? Customary institutions and communal conflicts in Africa." Journal of Peace Research 55, no. 4 (January 31, 2018): 415–29. http://dx.doi.org/10.1177/0022343317740416.
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Why are some ethnic groups embroiled in communal conflicts while others are comparably peaceful? We explore the group-specific correlates of communal conflicts in Africa by utilizing a novel dataset combining ethnographic information on group characteristics with conflict data. Specifically, we investigate whether features of the customary political institutions of ethnic groups matter for their communal-conflict involvement. We show how institutional explanations for conflict, developed to explain state-based wars, can be successfully applied to the customary institutions of ethnic groups. We argue that customary institutions can pacify through facilitating credible nonviolent bargaining. Studying 143 ethnic groups, we provide large-N evidence for such an ‘ethnic civil peace’, showing that groups with a higher number of formalized customary institutions, like houses of chiefs, courts and legislatures, are less prone to communal conflict, both internally and with other groups. We also find some evidence, although slightly weaker, that groups with more inclusive or ‘democratic’ customary institutions are less prone to communal conflicts.
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Kgatla, Thias. "CLERGY’S RESISTANCE TO VENDA HOMELAND’S INDEPENDENCE IN THE 1970S AND 1980S." Studia Historiae Ecclesiasticae 42, no. 3 (February 23, 2017): 121–41. http://dx.doi.org/10.25159/2412-4265/1167.
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The article discusses the clergy’s role in the struggle against Venda’s “independence” in the 1970s and 1980s, as well as resistance to the apartheid policy of “separate development” for Venda. It also explores the policy of indirect white rule through the replacement of real community leaders with incompetent, easily manipulated traditional chiefs. The imposition of the system triggered resistance among the youth and the churches, which led to bloody reprisals by the authorities. Countless were detained under apartheid laws permitting detention without trial for 90 days. Many died in detention, but those responsible were acquitted by the courts of law in the Homeland. The article highlights the contributions of the Black Consciousness Movement, the Black People Conversion Movement, and the Student Christian Movement. The Venda student uprising was second in magnitude only to the Soweto uprising of 16 June 1976. The torture of ministers in detention and the response by church leaders locally and internationally, are discussed. The authorities attempted to divide the Lutheran Church and nationalise the Lutherans in Venda, but this move was thwarted. Venda was officially re-incorporated into South Africa on 27 April 1994.
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Zuure, David Naya. "Indigenous conflict resolution and peace-building among the Nabdam of Ghana." International Journal of Humanities and Social Sciences 13, no. 1 (June 30, 2021): 1–15. http://dx.doi.org/10.26803/ijhss.13.1.1.
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Harmonious living is an essential ingredient for the progress of every society. This requires that conflicts which are a natural part of human life are amicably resolved when they arise. Largely, people have the options of resorting to the statuary courts system or indigenous approaches which are rooted in the customs and traditions societies for the resolution of conflicts. This study examined the indigenous conflict resolution among the Nabdam of Ghana using the descriptive design within the qualitative research paradigm. It involved thirty persons from the area consisting chiefs, elders, and individuals who have employed the approach in resolving their disputes. The instruments of interview guide, focused-group discussion guide, and observation check lists were deployed to gather data for the respondents. It emerged from the study that the Nabdam indigenous conflict resolution approach is a well-structured one with four stages which has no formal place the involvement of women. It also emerged that despite modernization and proliferation of religions in the area, the approach has potential into the future due to many factors. Even though women have no official role in the application of the Nabdam indigenous conflict resolution approach, they were found to be effective in managing disputes especially those involving women. It was therefore concluded that it is due time that women should be formally involved in the application of the approach.
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Gray, Thomas, and Banks Miller. "Swineherds and Hogs on Ice: Leadership Impacts for State Chief Judges." American Politics Research 49, no. 3 (January 19, 2021): 319–27. http://dx.doi.org/10.1177/1532673x21989019.
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Chief judges stand as visible leaders of their courts. Analyses of the Supreme Court focus on the role of the chief justice as an institution-builder seeking out public-facing consensus to protect Court legitimacy. Studying the powers of chief judges and political leadership in general is difficult. Analyzing all 50 states over 16 years we find no evidence that the identity of chief judges explains consensus behavior any better than random chance. This is true even among the subset of chief judges with additional institutional powers like opinion assignment. We show that court structures explain consensus, while leader features do not. Being chief judge correlates with an elevated likelihood of being in the majority, particularly in cases decided by one vote. These results add to our understanding of leadership on courts and imply that the office of chief judge at the state level is more symbolic than uniquely powerful.
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Dressel, Björn, and Tomoo Inoue. "Informal networks and judicial decisions: Insights from the Supreme Court of the Philippines, 1986–2015." International Political Science Review 39, no. 5 (November 2018): 616–33. http://dx.doi.org/10.1177/0192512118795314.
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To what extent do informal networks shape the decisions of the Supreme Court of the Philippines? Though often raised in the Philippines, this question has never been studied empirically. To answer it, we constructed a set of social network variables to assess how informal ties, based on university connections and work affiliations, may have influenced the court’s decisions between 1986 and 2015 in 47 politically high-profile cases. Providing statistically significant evidence for the effects of political influence (presidential appointments) and hierarchical pressure (the vote of the Chief Justice) on related networks, our analysis suggests a continuing tension on the Supreme Court bench between professionalism and informality. Because the findings advance both theoretical and empirical understanding of larger issues at the intersection of courts and society throughout the region, we recommend more attention to the role of judicial networks, external to the courts as well as within them.
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Wood, Sandra L., Linda Camp Keith, Drew Noble Lanier, and Ayo Ogundele. "The Supreme Court, 1888–1940: An Empirical Overview." Social Science History 22, no. 2 (1998): 201–24. http://dx.doi.org/10.1017/s0145553200023269.
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Studies of decision making on the modern Supreme Court have drawn on readily available empirical data to explore the details of how the Court conducts its business (Segal and Spaeth 1993; Spaeth 1995). Sadly, however, such empirical studies have not been plentiful for periods of the Court’s history before the appointment of Chief Justice Earl Warren. Some discussion has occurred dating from the chief justiceship of William Howard Taft beginning in 1910, but these studies have limited scope (Bowen and Scheb 1993; Leavitt 1970; Pritchett 1948; Renstrom 1972; Slotnick 1979; Tate and Handberg 1991). The result is a plethora of studies concerning the modern Court and a dearth of systematic information on earlier Courts (Aliotta 1988; Brenner and Spaeth 1995; Epstein and Kobylka 1992; George and Epstein 1992; Handberg 1976; Schubert 1965, 1974; Segal 1984; Tate 1981; Ulmer 1970). The picture we do have concerning earlier Courts is largely drawn from biographical or doctrinal studies. While both of these enterprises are immensely useful, they lack the systematic quality of an empirical analysis that considers all cases (not just the important ones) and all justices (not just the intellectual or social leaders). We seek to create an empirical context out of which those outstanding justices and decisions arose. Our study allows confirmation of findings of previous studies of individuals and doctrine and provides a more complete picture of the Court during a tumultuous time in its history.
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Ulrich, Lara, and David Gill. "The Tricksters Speak: Klooscap and Wesakechak, Indigenous Law, and the New Brunswick Land Use Negotiation." McGill Law Journal 61, no. 4 (December 22, 2016): 979–1014. http://dx.doi.org/10.7202/1038494ar.
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In 2015, the University of New Brunswick hosted the Kawaskimhon Talking Circle Moot. The moot problem was based on the case of Buctouche First Nation v. New Brunswick. The applicant First Nation applied to the courts for an injunction opposing the New Brunswick government’s forest strategy. The forest strategy increased the annual harvesting of softwood timber while reducing the area of Crown-protected conservation forest. Participants were assigned clients and asked to represent these clients’ interests and perspectives. This article presents the argument made on behalf of the Council of Traditional Elders and Chiefs of the Mi’kmaq peoples. Their interests consist of protecting the traditional lands of the Mi’kmaq people while recognizing that the Mi’kmaq have a legal duty to the forests upon which they depend. The argument is presented as a dialogue between two Indigenous tricksters—Klooscap (a Mi’kmaq trickster) and Wesakechak (a Cree trickster). The tricksters advance their position using Mi’kmaq law. In particular, the tricksters focus on the environmental and constitutional principle of netukulimk. Netukulimk is a theory of sustainability that is offered as an alternative framework to the colonial laws that currently dominate Canadian Aboriginal legal issues. The use of Mi’kmaq law presents opportunities for self-governance by recognizing and applying Mi’kmaq legal obligations to the natural world. This article concludes with a brief commentary on the application of Indigenous law in this fictionalized context and its future as an influence on and alternative to Canadian Aboriginal law.
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Koshan, Jennifer, and Jonnette Watson Hamilton. "Kahkewistahaw First Nation v Taypotat – Whither Section 25 of the Charter?" Constitutional Forum / Forum constitutionnel 25, no. 2 (October 11, 2016): 39. http://dx.doi.org/10.21991/c92q2k.
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The Supreme Court of Canada has to date delivered eight Charter equality decisions in an Aboriginal context. In the most recent case, Kahkewistahaw First Nation v Taypotat, the Court unanimously dismissed Louis Taypotat’s challenge to his community’s election code requirement that members of the First Nation running for election as Chief or Band Councillor have a Grade 12 education or its equivalent.We contend that the absence of a section 25 analysis in Taypotat was a missed opportunity, particularly because Taypotat is the only section 15(1) decision of the Supreme Court with an Aboriginal government as respondent. In the following part, we review the Court’s approach to section 25 and the potential application of section 25 in Taypotat. We conclude with a plea to litigators and the courts to move section 25 jurisprudence forward.
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Wilhelm, Teena, Richard L. Vining, Ethan D. Boldt, and Bryan M. Black. "Judicial Reform in the American States: The Chief Justice as Political Advocate." State Politics & Policy Quarterly 20, no. 2 (February 26, 2020): 135–56. http://dx.doi.org/10.1177/1532440020907975.
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The state courts of last resort are vital components of American judicial system, disposing of many important legal matters. The chief justices of these courts serve consequential roles in these institutions. Although scholars have examined the selection and duties of states’ chief justices, their interactions with the elected branches are understudied. We focus on how chief justices on state high courts use their roles to encourage judicial reform. Specifically, we examine the determinants of chief justices’ successes or failures as advocates for their justice systems. To analyze why chief justices succeed or fail as reform advocates, we analyze the fate of reform proposals offered in state of the judiciary addresses. Our results indicate that greater ideological similarity between the state legislature and chief justice or state supreme court median increases the odds of an agenda item being enacted. We also find that the scope of a policy request influences the likelihood it will be granted.
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Perry Jr, H. W., and Patrick Keyzer. "Human Rights Issues in Constitutional Courts: Why Amici Curiae are Important in the U.S., and What Australia Can Learn from the U.S. Experience." Law in Context. A Socio-legal Journal 37, no. 1 (November 30, 2020): 66–98. http://dx.doi.org/10.26826/law-in-context.v37i1.127.
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Unlike thirty years ago, human rights issues are now routinely raised in Australian constitutional cases. In this article, the authors examine the role of the amicus curiae in the United States Supreme Court and consider how far and to what extent the amicus curiae device has been accepted in decisions of the High Court of Australia. The authors analyse the High Court’s treatment of applications for admissions as amici curiae, noting the divergent approaches taken by Chief Justice Brennan and Justice Kirby, and drawing attention to the practical difficulties faced by applicants who seek admission to make oral submissions. Human rights cases raise questions of minority rights that should not be adjudicated without input from those minorities. The authors recommend that Australia adopt the U.S. approach, to admit written submissions as a matter of course, and to allow applicants to make oral submissions when they have a serious and arguable point to make. This approach is consistent with the Court’s significant role of establishing legal policy norms for the entire nation, including for the identity groups that increasingly occupy the Court’s attention. The focus here is on Australia, but the argument for the role of amici is more general and might well apply to high courts elsewhere.
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Kravchenko, I. O. "Legislative activity of the Icelandic bishopric in the second half of the XI - first half of the XII century." Ukrainian Religious Studies, no. 45 (March 7, 2008): 56–66. http://dx.doi.org/10.32420/2008.45.1897.
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A number of scholars in the history of medieval Iceland have emphasized the exceptional importance of law and justice for Icelandic society. According to American researcher J. Bajok, the focus of Iceland's culture was law, and the relationship between Godi and his heirs was also based on law.
The nature of Iceland's socio-political institutions reveals the circumstances in which Icelanders' attitudes towards the law were shaped. The royal power in the country during the Commonwealth period did not arise, and the system of chiefs or Godords became specifically the Icelandic institute of government. It is traditionally believed that the country was divided into 4 quarters, consisting of 36 (later 39) Godords, headed by leaders (mn. Goarar). The year 930 is considered the date of Altinga's founding. National Assembly of Iceland. Each year, a three-year lawmaker in Altinga had to promulgate a third of the country's laws. The lawmaker selected those who were to sit on the Rock of Law and designate the place where the Courts of the Quarters, which had pending lawsuits, were to be held. The most important institution of Altinga was the Legislative Council, which dealt with legal issues. The council members were 48 leaders or heads. The representatives of the highest level of the religious hierarchy - the bishops of dioceses on the Chamber Hill (Skullholt) and the Hills (Holar) - were also members of the Legislative Council. The bishops participated in three important events for the country: the drafting and adoption of the Law of Tithes in 1096/97, the codification of secular laws in 1117 - 1118, and the record of about 1123 of the Christian Law, which was included in the Gray Law Code. Goose ", probably recorded in the XIII century.
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LaCroix, Alison L. "Federalists, Federalism, and Federal Jurisdiction." Law and History Review 30, no. 1 (February 2012): 205–44. http://dx.doi.org/10.1017/s0738248011000654.
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Historians and legal scholars generally agree that during John Marshall's tenure as chief justice of the United States Supreme Court from 1801 to 1835, the federal judiciary expanded its power to interpret the Constitution and asserted with increasing force its authority to speak on behalf of the Union. This single story of judicial nationalism, however, contains two distinct and largely non-overlapping strands. Historians have tended to focus on the Supreme Court alone, to the exclusion of the lower federal courts, and have largely treated early national controversies over the lower federal courts as outgrowths of the political turmoil that accompanied the emergence of the first party system. Legal scholars in the fields of federal courts and constitutional law, meanwhile, have devoted significant attention to the lower federal courts but have largely neglected the history of how those courts developed beyond the key early moments of the Constitutional Convention and the First Congress.
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Holland, Kenneth M. "Judicial Activism and Judicial Independence: Implications of the Charter of Rights and Freedoms for the Reference Procedure and Judicial Service on Commissions of Inquiry." Canadian journal of law and society 5 (1990): 95–110. http://dx.doi.org/10.1017/s0829320100001733.
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Over the past five years the Supreme Court of Canada has addressed on three occasions the implications of the 1982Charter of Rights and Freedomsfor the principle of judicial independence. The justices agree that the Court's new role as guardian of constitutionally entrenched civil rights and liberties demands an expansion in its immunity from legislative and executive influence. The hoary principle of judicial independence can no longer be confined to such individual elements as security of salary and tenure but must encompass an institutional element, “reflected in [a court's] institutional or administrative relationships to the executive and legislative branches of government.” The “modern understanding of judicial independence,” according to Chief Justice Brian Dickson, recognizes that the Canadian judiciary is no longer confined to the resolution of disputes in individual cases but plays the role of “protector of theConstitutionand the fundamental values embodied in it—rule of law, fundamental justice, equality, preservation of the democratic process, to name perhaps the most important.” It is not enough, therefore, to ensure the impartiality of judges in individual cases. Courts must “be completely separate in ‘authority and function’ from all other branches of government.” Accordingly, the Court ruled in a 1989 case that a royal commission of inquiry cannot compel judges involved in a matter being investigated to testify as to the reasons for their judicial decision.
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Casely-Hayford, Augustus. "Prosopographical Approaches to Fante History." History in Africa 18 (1991): 49–66. http://dx.doi.org/10.2307/3172053.
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Some of the earliest books written by Gold Coast writers were about then-own family histories and stool institutions. These writers took advantage of the established oral tradition and the authorized stool histories. Such works represent a form of written history that was designed to transcribe and incorporate systematically as much oral tradition as possible. It is only when the oral sources are deficient or are ambiguous that the early European traveler's accounts are used to check or verify the oral sources. There are many reasons why much of the first generation of indigenous literature is by and about a small group of Fante. One undoubted reason is that these early books combine an academic pursuit with a family responsibility to the position of Linguist or Okyiame.The word Kyiame is commonly translated “linguist,” but this is unfortunate because it conveys the impression that the Kyiame is no more than an interpreter. In reality the Kyiame is the spokesman or mouthpiece of the Chief, who, being held sacred, must neither be addressed by, nor address another person directly. According to J. B. Danquah, the word means “He who makes it perfect for me”: the Kyiame repeats and perfects what the Chief, who cannot always be an eloquent speaker, may have to say in public. He is a confidential officer whose place is at the Chiefs right hand; in the Council and Court of Judicature it is he who sums up and declares the Chiefs will. He preserves in his memory and passes on the tradition of the Stool. Deeply versed in the etiquette of the court, he instructs a newly appointed Chief. He can often turn the scales of war and peace since the issue of dispute between contending tribes may depend on whether he presents his Chiefs case in a bellicose manner. When he rises to speak in public he leans upon the gold cane or staff of his office, or a subordinate holds it in front of him. He may be sent by the Chief as a plenipotentiary or legate. What he says binds his Chief. There are two of the office. The superior grade is hereditary and is termed Omankyiame, i.e. the Kyiame of the whole Oman or Council.
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Rosen, Jeffrey. "Can the Judicial Branch be a Steward in a Polarized Democracy?" Daedalus 142, no. 2 (April 2013): 25–35. http://dx.doi.org/10.1162/daed_a_00201.
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At the beginning of his first term as Chief Justice, John Roberts pledged to try to persuade his colleagues to consider the bipartisan legitimacy of the Court rather than their own ideological agendas. Roberts had mixed success during his first years on the bench, as the Court handed down a series of highprofile decisions by polarized, 5–4 votes. In the health care decision, however, Roberts did precisely what he said he would do, casting a tie-breaking vote to uphold the Affordable Care Act because he thought the bipartisan legitimacy of the Court required it. But the reaction to the health care decision – which Democrats approved and Republicans did not – suggests that Roberts's task of preserving the Court's bipartisan legitimacy is more complicated than he may have imagined, and that his success in the future will depend on the willingness of his colleagues to embrace his vision. Given the Court's declining approval ratings, an increase in partisan attacks on the Court, and a growing perception that the Court decides cases based on politics rather than law, the Chief Justice's vision of the Court as a bipartisan steward is more difficult – and also more urgently needed – than ever.
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Petrova, Мaria А. "Language practices of Russian and Austrian diplomats in the second half of the eighteenth century." Central-European Studies 2019, no. 2 (11) (2020): 35–60. http://dx.doi.org/10.31168/2619-0877.2019.2.2.
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The introduction of French into the international sphere proceeded gradually throughout the eighteenth century and was largely due to the growing significance of French culture in the courts and educated milieu of Europe. By the middle of the century, French had not only become the most important language of external diplomatic communication, but had also gradually entered into the internal correspondence of foreign offices. Nevertheless, in the second half of the eighteenth century a large part of such correspondence continued to be conducted in the native language of the diplomats involved. This paper, based on archival sources, deals with the linguistic practices of Russian-speaking (Russophone) diplomats of the Russian Empire and diplomats from Austria, as well as the problem they faced in choosing between their native language or French when writing reports and letters. The language practices are considered in the context of the language policies of Catherine II, Maria Theresa, and Joseph II, who consistently implemented reforms in the Russian Empire and the Austrian monarchy in support of Russian and German respectively. Since there were many diplomats of foreign origin in the Russian College of Foreign Affairs, the French and Russian languages were considered equal. Their use in correspondence depended on the preferences of the chiefs, the personal experience of the diplomatic representatives (their French language skills, level of education in general, social and cultural background, and the characteristics of their particular place of residence), and in some cases on the subject of the correspondence. In the paperwork of the Austrian State Chancellery, the French language was used in official reports far less frequently than German, but rather often in semi-private correspondence with monarchs or high-ranking nobles in order to establish a confidential contact with them. A significant conclusion is drawn that the analysis of the language practices of Russian and Austrian diplomats requires a study of the language competency of the mission staff.
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Ernst, Daniel. "Morganand the New Dealers." Journal of Policy History 20, no. 4 (October 2008): 447–81. http://dx.doi.org/10.1353/jph.0.0024.
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Readers of theNew York Timeswere not accustomed to encountering in its pages a Cabinet official picking a fight with the Supreme Court, but that is what they did on May 8, 1938. Chief Justice Charles Evans Hughes, writing for a majority of the Supreme Court, had recently ruled that Secretary of Agriculture Henry A. Wallace had used the wrong procedures to set the rates that “commission men” charged farmers for marketing cattle, pigs, and sheep at Kansas City's stockyards. It was the second time the case had come before the Court. On the previous occasion, the justices had sent the case back to the lower courts to determine whether the secretary had personally studied the factual record before issuing the rates. In fact, Wallace had given the matter “more personal attention than any previous Secretary of Agriculture had ever given to any case under the Packers and Stockyards Act or for that matter any half dozen cases,” so when the case returned to the Court, the justices had to shift their ground. Now they objected that the Department of Agriculture had not revealed its case to the commission men, leaving them with no way of addressing the government's arguments. Wallace fumed that Hughes had implied that “the present Administration” was to blame for the procedures he followed, when in fact earlier, Republican administrations had established them. Besides, the procedures had already been revised in light of the Supreme Court's first decision in the case.
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Heivoll, Geir. "«Den sletteste, den nedrigste og uretfærdigste Embeds Mand» Om prosessen mot byfogd og politimester i Christiansand Mauritz Antonius Schweder." Nordisk Tidsskrift for Kriminalvidenskab 107, no. 3 (December 1, 2020): 233–49. http://dx.doi.org/10.7146/ntfk.v107i3.124882.
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AbstractThe first Norwegian Chiefs of Police were appointed in the four main cities during the latter part of the 1600s. The first office was established in Trondheim in 1686, then Bergen in 1692, Christiania in 1744, and finally Christiansand in 1767.
This article deals with the establishment of the police in Christiansand, when Christian VII appointed Mauritz Antonius Schweder Chief of Police in the city. Schweder had already been appointed as a bailiff in Christiansand in 1764, and from 1767 he was both bailiff and Chief of Police. But Schweder’s time in office was a turbulent one, and the conflict surrounding his office escalated so much as to finally end in the retraction of his professional appointment by the Supreme Court in Copenhagen. This article focuses on the trial against Schweder: the many accusations against him, his defense, and the ruling of the Supreme Court, thereby shedding light on a lesser known part of the legal history of the early Norwegian Police.
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Emanuel, Asher Gabriel. "To whom will ye liken Me, And make Me equal? Reformulating the Role of the Comparator in the Identification of Discrimination." Victoria University of Wellington Law Review 45, no. 1 (August 1, 2014): 1. http://dx.doi.org/10.26686/vuwlr.v45i1.4971.
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The use of comparator groups has to date been central to establishing a breach of s 19 of the New Zealand Bill of Rights Act 1990. The New Zealand courts' approach to the formulation of comparator groups admits a lack of a clear methodology. The author argues that, in the absence of a framework guiding the formulation of the comparator, the methodology permits arbitrary and inconsistent decision-making. The flexibility of the approach risks premature exclusion of claims in reliance on intuitive rather than analytical reasoning, limiting the transformative potential of non-discrimination provisions and offending against the proper construction of s 19. Of particular concern is the involvement of matters of justification at the comparator stage. The judgments of the High Court and Court of Appeal in B v Chief Executive of the Ministry of Social Development and G B as Executor of the Estate of B of Whangarei v the Chief Executive of the Ministry of Social Development respectively are emblematic of these concerns. Recent developments at the Court of Appeal in Ministry of Health v Atkinson and Child Poverty Action Group Inc v Attorney-General have provided some guidance, but have not gone far enough. The author recommends that the courts defer to the claimant's choice of comparator, and decouple the identification of differential treatment from questions of causation.
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Songer, Donald R., John Szmer, and Susan W. Johnson. "Explaining Dissent on the Supreme Court of Canada." Canadian Journal of Political Science 44, no. 2 (June 2011): 389–409. http://dx.doi.org/10.1017/s0008423911000151.
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Abstract.While there is an extensive literature on the causes of dissensus on appellate courts in the US, few empirical studies exist of the causes of dissent in Canadian Supreme Court. The current study seeks to close that gap in the literature, proposing and then testing what we call a Canadian model of dissent. We find that the likelihood of dissent is strongly related to four broad factors that appear to exert independent influence on whether the Court is consensual or divided: political conflict, institutional structure, legal ambiguity in the law and variations in the leadership style of the chief justice.Résumé.Les causes de dissension dans les cours d'appel aux États-Unis font l'objet de nombreux articles et publications, mais il existe très peu d'études empiriques sur les causes de dissidence à la Cour suprême du Canada. La présente étude vise à combler cette lacune en proposant, un modèle canadien de dissension, puis en le mettant à l'épreuve. Nous avons constaté que le risque de dissension est fortement lié à quatre facteurs genéraux qui semblent exercer une influence indépendante, que la Cour soit en accord ou divisée. Ces facteurs sont le conflit politique, la structure institutionnelle, la présence d'une ambiguité juridique dans la loi et le style de direction du juge en chef.
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OWENS, SAMANTHA. "CENSORSHIP OF THE GOÛT MODERNE IN 1730S LUDWIGSBURG AND THE MUSIC OF GIUSEPPE ANTONIO BRESCIANELLO." Eighteenth Century Music 2, no. 2 (September 2005): 299–310. http://dx.doi.org/10.1017/s1478570605000394.
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The year 1730 saw the Württemberg court (based at the magnificent palace of Ludwigsburg, some fifteen miles north of Stuttgart) promote Kammerjunker (gentleman-in-waiting) Christian Adolf von Ziegesar to the newly created position of aristocratic Obermusicdirector (chief music director). Since no template existed, the officials charged with drawing up his contract were instructed to make discreet enquiries regarding the same position at other ducal and electoral courts – a line of investigation that proved to be rather less than successful. One ‘Baron von Thüngen’, a Württemberg Kammerjunker with experience of a number of other courts (including Würzburg), reported unequivocally that to the best of his knowledge no court employed a nobleman in this position, but rather the directorship of musical matters was normally the responsibility of the Kapellmeister. Such a view appears to be confirmed by Julius Bernhard von Rohr (1688–1742) in his contemporary book on court ceremonial: he commented that a few places employed intendants des plaisirs charged with the overall supervision of large-scale divertissements, but made no mention of a similar position relating specifically to music.
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Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law." Cambridge Law Journal 51, no. 1 (March 1992): 138–53. http://dx.doi.org/10.1017/s0008197300016792.
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The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.
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Buana, Mirza Satria. "Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court." Constitutional Review 6, no. 1 (June 2, 2020): 36. http://dx.doi.org/10.31078/consrev612.
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The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.
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Ghias, Shoaib A. "Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf." Law & Social Inquiry 35, no. 04 (2010): 985–1022. http://dx.doi.org/10.1111/j.1747-4469.2010.01211.x.
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This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro‐Musharraf regime judges expand judicial power, leading to a confrontation with the regime? Second, how did the bar and the bench mobilize in the struggle for judicial power? The author shows how, instead of blindly supporting economic liberalization in a period of economic growth, the Supreme Court expanded power by scrutinizing questionable urban development, privatization, and deregulation measures in a virtuous cycle of public interest litigation. The author also describes how a politics of reciprocity explains the social mobilization of lawyers as the bench protected the bar from regime penetration, and the bar protected the bench from regime backlash. The Pakistani case questions some of our assumptions about economic liberalization and courts in authoritarian regimes, and the study invites scholars to explore the role of courts in developing judicial support structures and the role of lawyers in social movements.
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Totten, Christopher, and Sutham Cobkit (Cheurprakobkit). "The Knock-and-Announce Rule and Police Searches after Hudson v. Michigan." New Criminal Law Review 15, no. 3 (2012): 414–57. http://dx.doi.org/10.1525/nclr.2012.15.3.414.
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The exclusionary rule in the Fourth Amendment knock-and-announce context has been challenged by the U.S. Supreme Court in Hudson v. Michigan. After Hudson, even if police fail to knock and announce prior to entering a person's home to search, any evidence found by police remains admissible at that person's trial. The Court reasoned that today police are better educated, trained, disciplined, and monitored by citizens; as a result, exclusion of evidence is no longer needed as a deterrent for police knock-and-announce misconduct during searches. This paper, using both legal and social scientific methodologies, examines the legitimacy of this aspect of the Court's reasoning by surveying chiefs in large U.S. cities concerning their perceptions of the efficacy and value of the various deterrents to knock-and-announce misconduct (e.g., exclusion, education, training, discipline, and citizen review). The study also surveys the chiefs on their departmental policies and procedures related to the knock-and-announce rule and police searches as well as their knowledge of the rule. The study's outcomes reflected in the paper enhance understanding of the efficacy of the exclusionary rule compared to the alternative deterrents for police knock-and-announce violations during searches.
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Ku, Julian G. "Kiobel and the Surprising Death of Universal Jurisdiction Under the Alien Tort Statute." American Journal of International Law 107, no. 4 (October 2013): 835–41. http://dx.doi.org/10.5305/amerjintelaw.107.4.0835.
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The U.S. Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co. has not ended future debate about the scope and impact of the Alien Tort Statute (ATS). But the Kiobel Court did resolve at least one issue with surprising unanimity: both the opinion for the Court by Chief Justice John Roberts and the main concurring opinion by Justice Stephen Breyer refused to interpret the ATS as authorizing universal jurisdiction. All nine justices rejected decades of lower-court precedent and widespread scholarly opinion when they held that the ATS excluded cases involving purely extraterritorial conduct, even if the alleged conduct constituted acts that are universally proscribed under international law.
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van der Schyff, Gerhard. "Constitutional Review by the Judiciary in the Netherlands: A Bridge Too Far?" German Law Journal 11, no. 2 (February 11, 2010): 275–90. http://dx.doi.org/10.1017/s2071832200018526.
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One could be forgiven for thinking that constitutional review by the judiciary is invariably part of modern constitutionalism. Gone are the days that constitutions contained provisions that prevented the courts from testing the constitutionality of legislation, such as section 59 of South Africa's now repealed Constitution of 1961 that forbade the courts from inquiring into or pronouncing on the validity of legislation. It has come to be accepted in many quarters that a constitution presupposes judicial review in some form or another in gauging the integrity of legislation, instead of only relying on legislative wisdom as before. An attitude that echoes the views expressed inMarbury v. Madisonby Chief Justice Marshall of the United States Supreme Court, that by its very nature a written constitution implies judicial control. However, the Constitution of the Netherlands proves to be an exception in this regard, as section 120 states emphatically that:The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.
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Erika, Frisa, Hudiarto Hudiarto, and Sevenpri Candra. "THE ENHANCEMENT OF STRATEGIC AND OPERATIONAL PERFORMANCE THROUGH ENTERPRISE ARCHITECTURE IN XYZ’S DISTRICT ATTORNEY OFFICES." CommIT (Communication and Information Technology) Journal 7, no. 2 (October 31, 2013): 71. http://dx.doi.org/10.21512/commit.v7i2.587.
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The deteriorating image of law enforcement agencies in serving the needs of nowadays community is making the chiefs of XYZ’s district attorney offices to search the best way so that the law service in their offices can be better. This problem is the general reflection of how bad the public service in law’s field is in our country. For that noble purpose, the chiefs see that there is a chance to use the ability of system and information technology. That system is not only for the necessary needs in district attorney office but it is also combined in the existing process in security and court. The chief of office feels that the enhancement performance will be obtained easier if there is the same system and technology and are designed carefully. Within this paper, the researcher uses the framework of Enterprise Architecture to develop the needed system and technology so that it can be realized strategically and operationally much better and can be accounted. The result is the current time conservative service system and have the quality of office automation systems is gradually planned to change into automation for the next two or three years. Therefore, the connection and the cooperation between the attorney, the police and the court will be more harmonic, thus gradually increased the service to the community.
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Afeadie, Philip Atsu. "Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano." History in Africa 36 (2009): 17–52. http://dx.doi.org/10.1353/hia.2010.0002.
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Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.
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LOBEL, JULES. "The Commander in Chief and the Courts." Presidential Studies Quarterly 37, no. 1 (March 2007): 49–65. http://dx.doi.org/10.1111/j.1741-5705.2007.02584.x.
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Newbold, Stephanie P. "A Transformative Era: The Roberts Court, Constitutional Interpretation, and Public Administration." Administration & Society 52, no. 6 (August 21, 2019): 862–89. http://dx.doi.org/10.1177/0095399719869992.
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The Constitutional School of American Public Administration dictates that the rule of law serves as the intellectual and practical foundation of the field. One way to support the Constitutional School is to examine how the U.S. Supreme Court works to shape the administrative state in its own image. This article provides a thorough examination for how the Court under Chief Justice John Roberts constitutionally protected laws affecting gay marriage, affirmative action, abortion rights, gun ownership, and health care while simultaneously narrowed constitutional protections concerning voting rights, campaign finance laws, and employer mandated contraceptive coverage. These contrasting constitutional viewpoints not only represent a transformative era in the history of the nation’s highest Court but also in how public administrative agencies implement the Court’s decisions.
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Curtis, John, Gary Watt, John Curtis, and Gary Watt. "Twitter, King Lear, and the Freedom of Speech, by John Curtis, and Judicial Allusion as Ornament: A Response to John Curtis’s, ‘Twitter, King Lear, and the Freedom of Speech’ by Professor Gary Watt." Exchanges: The Interdisciplinary Research Journal 1, no. 2 (March 30, 2014): 246–59. http://dx.doi.org/10.31273/eirj.v1i2.90.
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On 27 July 2012, in his judgment following ‘The Twitter Joke Trial’, the Lord Chief Justice of England & Wales quoted from King Lear (Folio). The trial was the first time a British Court had considered the use of Twitter in the context of a bomb hoax. The judgment was hailed as ‘a victory for common sense’, reversing decisions of two lower courts. It now provides authority against similar prosecutions. This paper argues that the use of a four-hundred-year-old Shakespearean text in negotiating modern legal principles is of considerable cultural significance – both through using the familiar to respond to the new – and by invoking Shakespeare’s voice within the powerful social mechanism of the law courts. It also considers the advantages and disadvantages of literary allusions within legal proceedings, contrasting these two widely reported judgments.This piece is adapted from a transcript of: King Lear, Twitter and the Da Vinci Code given as part of the Sidelights on Shakespeare lecture series at University of Warwick on 29 November 2013.Professor Gary Watt provides a response to Curtis's critical reflection, considering judicial allusion as logic or ornament. Image: Cordelia in the Court of King Lear, Sir John Gilbert (1873)
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Ura, Joseph Daniel, and Carla M. Flink. "Experience counts: The chief justice, management tenure, and strategic behavior on the U.S. Supreme Court." Research & Politics 3, no. 2 (April 19, 2016): 205316801664446. http://dx.doi.org/10.1177/2053168016644464.
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Burley, Anne-Marie. "The Alien Tort Statute and the Judiciary Act of 1789: A Badge of Honor." American Journal of International Law 83, no. 3 (July 1989): 461–93. http://dx.doi.org/10.2307/2203307.
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The Alien Tort Statute, originally enacted as section 9 of the Judiciary Act of 1789, grants the district courts original jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” In 1980 the United States Court of Appeals for the Second Circuit breathed new life into these little-used and somewhat mysterious provisions. The case was Filartiga v. Pena-Irala, in which a Paraguayan family brought suit against a former Paraguayan police chief for the torture and death of one of its members. The court upheld federal jurisdiction under the Alien Tort Statute. Finding state torture to be a violation of “modern international law,” it pronounced itself willing to enforce this law even as between aliens whenever personal jurisdiction could be obtained over the defendant.
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Musah, Oyakemeagbegha. "Journalism practice and application of the contempt of court principle in the Nigerian judiciary." EJOTMAS: Ekpoma Journal of Theatre and Media Arts 7, no. 1-2 (April 15, 2020): 470–87. http://dx.doi.org/10.4314/ejotmas.v7i1-2.32.
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The people’s right to know is a cardinal feature of democratic governance. In the judiciary, the right to know presupposes an open justice system where judges are expected to adjudicate without concealments. As authentic information purveyors in society, the press and the judiciary need collaboration to achieve openness in justice administration and satisfaction of the people’s right to know.Consequently, this paper explores the relationship between Nigerian judges and journalists vis a vis Nigeria’s Chief Judge’s recent directive to the bench to apply “contempt proceedings” in members’ interactions with “wanting” journalists, and the people’s right to know. The paper assessed judges’ professed preconditions for journalists’ presence in court and practical experiences of journalists in Nigerian courts. It identifies a depreciation of values in justice administration behind this morally repulsive relationship between the bench and the press and calls for urgent redress.
Keywords: Journalism practice, Prejudice, Contempt of court, Justice administration, Judiciary
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Phillips, Jim, and Bradley Miller. "“Too Many Courts and Too Much Law”: The Politics of Judicial Reform in Nova Scotia, 1830–1841." Law and History Review 30, no. 1 (February 2012): 89–133. http://dx.doi.org/10.1017/s0738248011000605.
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The 1830s was Nova Scotia's “Age of Reform.” Although historians have documented the growing tensions between elected Assembly and appointed lieutenant governor and Council, the concomitant attacks on the established economic elite, and the rise of a distinct party in colonial politics, little attention has been paid to the role played by the colony's courts and judges in this crucial decade. This lacuna is surprising, because reformers were convinced that the judges of the Nova Scotia Supreme Court (NSSC) were bulwarks of the old order and barriers to progress, and as their movement gained influence in the 1830s it brought the judges and the court system to the fore. This period saw numerous proposals for reform to the colony's laws and legal system, some effected and others not. Here we examine those aspects of the reform platform that were most hotly contested precisely because they exemplified the ways in which controversies about the legal system both reflected and exacerbated broader political and social change. The most important issues were judicial fees and the role of the chief justice as head of the Tory-dominated lieutenant governor's Council. We also examine two other matters in which the judicial system was directly linked to reformers' general demands for a system of government more responsive to the needs of ordinary Nova Scotians: judicial salaries and the role of the lower civil courts.
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Myslik, Hannah N. "Attempting—and Failing—to Balance Fairness and Efficiency in the Arbitral System." Texas A&M Law Review 8, no. 3 (May 2021): 583–605. http://dx.doi.org/10.37419/lr.v8.i3.4.
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The Supreme Court has actively expanded the Federal Arbitration Act into realms not originally contemplated by Congress. This harms consumers who are parties to pre-dispute, binding arbitration agreements. If consumers sign a contract containing an arbitration agreement, they may be required to arbitrate everything within the agreement’s scope, including their statutory rights. Simultaneously, the Court has restricted class action arbitration—a device on which consumers have relied when they are forced to arbitrate. The Court’s expansion of arbitration and restriction of class action arbitration has led many to distrust and advocate for changing the arbitral system. Arbitration institutions have directly reacted to the concerns about arbitration by promulgating more rules, procedures, and safeguards to make arbitration fairer for consumers. However, adding rules and procedures is probably not enough to make arbitration proceedings truly fair, and doing so creates a system that is so court-like that arbitration loses its chief benefits—affordability and efficiency. Thus, if the Court continues with its expansive arbitration jurisprudence and its anti-class action arbitration jurisprudence, institutional reaction is an unlikely solution to address arbitration’s fairness concerns.
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Friedman, Richard D. "Chief Justice Hughes’Letter on Court-Packing." Journal of Supreme Court History 22, no. 1 (July 1997): 76–86. http://dx.doi.org/10.1111/j.1540-5818.1997.tb00064.x.
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Oshio, P. Ehi. "The Land Use Act and the Institution of Family Property in Nigeria." Journal of African Law 34, no. 2 (1990): 79–92. http://dx.doi.org/10.1017/s0021855300008238.
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The Land Use Act, 1978 is, indeed, a “giant-killer”. In the recent case of Savannah Bank of Nigeria Limited and Another v. Ammel Ajilo and Another a learned Justice of the Supreme Court of Nigeria seized the opportunity to indict a doyen of the Nigerian Bar for a seeming misapprehension of the revolutionary effect of the Act on the land tenurial system of the country. But we hasten to point out that the Act is not the problem child only of the Bar, for the Bench is not free from the same misapprehension for which this learned gentleman of the Bar was indicted. Indeed, there is mounting evidence from the conflicting opinions of our courts on the Act that the latter is the “Achilles' heel” also of the Bench. One glaring instance: while the Supreme Court in recognition of group holdings under customary law conceded communal title to a right of occupancy under the Act to a community in the case of Chief S.U. Ojeme and Others v. His Highness Momodu II and Others the Court of Appeal expressed the contrary view in the subsequent case of L.S.D.P.C. and Others v.
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Gallego Córcoles, Ricardo, and Raquel Bartolomé Gutiérrez. "El efecto del género en la toma de decisiones en el sistema de Justicia Juvenil (The effect of gender on decision-making in the Juvenile Justice System)." Oñati Socio-legal Series 10, no. 2 (April 1, 2020): 442–64. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1057.
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Existe evidencia de que cuestiones de género influyen en la toma de decisiones en Justicia Juvenil en diversos países. Sin embargo, en España no existen estudios empíricos al respecto. Una aproximación a nuestra realidad puede servir de punto de partida para realizar un análisis más profundo sobre la cuestión. Se diseñó un estudio descriptivo de naturaleza retrospectiva. La muestra estuvo constituida por 166 jóvenes, 127 chicos y 39 chicas, expedientados en el Juzgado de Menores de Guadalajara por cometer algún delito. Los resultados muestran que no existen diferencias significativas entre chicos y chicas en cuanto a las decisiones que se toman con respecto a ellos en ninguna de las fases del procedimiento judicial. Tampoco si se analizan únicamente los delitos violentos, tradicionalmente considerados propios de los chicos. Todas las profesionales que han intervenido en la toma de decisiones analizada son mujeres. Esta circunstancia puede influir en los resultados. There is enough evidence in scientific literature about the effect of gender on the decision-making in the Juvenile Justice System. However, in Spain, there are no known empirical studies in this regard. An approximation to our reality might serve as a starting point for a deeper analysis on the issue. The aim of the present study was to perform a descriptive, retrospective study of the cases disposed to the juvenile court judge during eight months in the Juvenile Court of Guadalajara, Spain. The final data set contained 166 cases, 127 boys and 39 girls disposed to the Juvenile Court of Guadalajara for committing some crime in the territorial scope of this province, No differences between sexes occurred in any case. Neither if only violent crimes are considered. All professionals who have intervened in the decision-making were women. This circumstance could influence the results obtained.
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Machmudin, Dudu Duswara. "Optimalisasi Peran Hakim Agung dalam Penyelesaian Perkara Kasasi dan Peninjauan Kembali." Jurnal Konstitusi 12, no. 2 (May 20, 2016): 373. http://dx.doi.org/10.31078/jk1229.
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This article aims to provide knowledge and understanding on the functions of the state law enforcement agencies in Indonesia. Differences of powers and functions of law enforcement agencies such as the Supreme Court, Attorney General’s Office and the Constitutional Court needs to be understood in depth. Furthermore, given the problems in all courts all over the world which is, among others, the slow settlement of cases, this article describes and analyses the role of Supreme Court Justices in resolving cassation and review cases before and after the issuance of the decree of the Chief Justice Number 119/KMA/SK/VII/2013 regarding the determination of the Day of Deliberation and Pronouncement and Number 214/KMA/SK/XII/2104 concerning Time Period for the Handling of Cases at the Supreme Court. However, when Constitutional Court pronounced Ruling Number 34/PUU-XI/2013 a problem arises in which the products of the two state judicial bodies seem to be inconsistent, especially in the framework for the resolution of criminal cases. On the one hand, the Supreme Court wants the creation of a judicial process that is simple, speedy, and low cost through the strengthening of the two products above, but on the other hand the Constitutional Court through its award extend the time span of litigation process for the settlement of review cases which can be done repeatedly. Thus, in order to provide legal certainty, the Supreme Court issued Supreme Court Circular Number 7 Year 2014 which essentially affirms that the petition for review in criminal cases is limited only one time based on other legal basis namely Judicial Authority Act and Supreme Court Act.
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Quinot, Geo. "Substantive Legitimate Expectations in South African and European Administrative Law." German Law Journal 5, no. 1 (January 1, 2004): 65–85. http://dx.doi.org/10.1017/s2071832200012256.
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The doctrine of legitimate expectation was authoritatively accepted as part of South African administrative law in the landmark case of Administrator, Transvaal v Traub in 1989. In that case Chief Justice Corbett extended the scope of application of the rules of natural justice, specifically the audi principle, beyond the traditional “liberty, property and existing rights” formula to cases where something less than an existing right, a legitimate expectation, required a fair procedure to be followed. This acceptance followed the trend in other Commonwealth jurisdictions to extend the application of the rules of natural justice and hence afford greater procedural protection to individuals affected by administrative decisions. Although Chief Justice Corbett expressly stated that the content of the expectation may be substantive or procedural in nature, the protection of that expectation, if found to be legitimate, was exclusively procedural. Since the Traub decision, the doctrine of legitimate expectation has been deeply entrenched in South African administrative law to extend the scope of procedural rights afforded individuals affected by administrative action. It is now an established principle of South African administrative law that a person, who has a legitimate expectation, flowing from an express promise by an administrator or a regular administrative practice, has a right to be heard before administrative action affecting that expectation is taken. The doctrine, has however, by and large, remained one that provides procedural protection in South Africa. In a number of recent decisions by South African courts, ranging from the High Court to the Supreme Court of Appeal and the Constitutional Court, there have been increasing calls for the application of legitimate expectations beyond procedural claims.
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Moran, Leslie J. "Judging pictures: a case study of portraits of the Chief Justices, Supreme Court of New South Wales." International Journal of Law in Context 5, no. 3 (September 2009): 295–314. http://dx.doi.org/10.1017/s1744552309990139.
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This essay is about portraits: judicial portraits. It offers a case study of the interface between law and visual culture. Its object of enquiry is a collection of pictures (painted and photographic), depicting the sixteen Chief Justices of the Supreme Court of New South Wales, Australia, from 1824 to the present day. The original paintings hang in the Banco Court, Sydney. The photographs and digital copies of all the images are on the Court’s website. Beginning with a brief review of socio-legal scholarship on the judiciary, the essay explores existing work on the visual image of the judge. In response to the limitations of that research, the paper turns to art historical scholarship to facilitate an analysis of the aesthetic and technological factors (the continuities and changes) that shape and generate the meaning of these judicial images. It explores the relevance of context upon meaning. The paper demonstrates a number of methodological approaches and reflects upon the contribution that a study of judicial pictures may make to socio-legal scholarship.
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Zotééva, Anna, and Martin Kragh. "From Constitutional Identity to the Identity of the Constitution." Communist and Post-Communist Studies 54, no. 1-2 (March 2021): 176–95. http://dx.doi.org/10.1525/j.postcomstud.2021.54.1-2.176.
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In recent years, leading members of Russia’s Constitutional Court have adapted the concept of constitutional identity to the Russian legal context, to explain and legitimize the country’s authoritarian turn under President Vladimir Putin. This development reflects a broader trend in international politics, where populist and anti-democratic leaders seek to identify “national characteristics” that can be translated into law and legal practices on the domestic as well as international level, in order to deny or restrict certain basic principles such as the rule of law and/or human rights. In Russia, several officials and policy makers, among them Chief Justice of the Constitutional Court Valery Zorkin (2018), have contributed to this discussion. We argue that a constitutional identity discourse has been used by Russian courts to explain the specific relationship between the Russian state and international law on the one hand, and on the other the relationship between the Russian state and its subjects. We place this debate in its wider legal and political context and highlight how it conforms with the amendments to the Russian constitution introduced in spring 2020.