Academic literature on the topic 'Dialogue between courts'
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Journal articles on the topic "Dialogue between courts"
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Podolska, Anna. "Between Informal Dialogue and Official Criticism." International Community Law Review 21, no. 5 (November 12, 2019): 409–20. http://dx.doi.org/10.1163/18719732-12341410.
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Abstract There are various forms of jurisdictional dialogue. In addition to drawing from the case law of another court or seeking direct assistance of such another court in passing the judgment, we can notice in practice situations when by issuing a verdict the courts are communicating with each other. The rulings of the Bundesverfassungsgericht, the Court of Justice of the European Union, and the European Court of Human Rights regarding the free movement of judgments in the European Union and protection of fundamental rights are the example of such activities. Each of these bodies was interpreting separately the extent to which the mechanisms of recognising and executing the judgments may interfere with the level of protection of fundamental rights. A common conclusion concerns assigning the priority to protection of fundamental rights, while individual bodies were determining differently the standards of such protection. The analysed judgments can be construed as a communication between these bodies. Although no direct discussion takes place between these courts, this is still a form of interaction which affects the development of the case law and understanding of the boundaries of mutual recognition of judgments and protection of human rights within judicial proceedings.
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Amos, Merris. "THE DIALOGUE BETWEEN UNITED KINGDOM COURTS AND THE EUROPEAN COURT OF HUMAN RIGHTS." International and Comparative Law Quarterly 61, no. 3 (July 2012): 557–84. http://dx.doi.org/10.1017/s0020589312000206.
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AbstractIn this article the scope for dialogue between UK courts and the European Court of Human Rights is considered in theory and in practice. Having demonstrated that meaningful dialogue does take place in certain circumstances, the author considers the impact of dialogue and questions whether or not there can be any further expansion in dialogue whilst avoiding negative outcomes such as confusion over the creation of human rights norms and a loss in legitimacy for national courts adjudicating upon human rights issues.
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Mitsilegas, Valsamis. "Judicial dialogue in three silences." New Journal of European Criminal Law 9, no. 1 (March 2018): 38–42. http://dx.doi.org/10.1177/2032284418761062.
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The Taricco litigation before the Court of Justice and the Italian Constitutional Court has generated a number of fundamental questions about the relationship between EU law and national constitutional law and about the impact of EU law on domestic criminal justice systems. The ensuing dialogue between the two Courts has resulted in a considerable degree of mutual accommodation, while leaving a number of issues unresolved. The aim of this comment is to contextualize the Taricco litigation by focusing not on what the Courts have said, but on what the Courts have actually chosen to omit or sideline in their direct conversation, focusing thus on judicial dialogue via the two Courts’ silences. Three silences will be analysed here, one for each of the rulings in the Taricco litigation in sequence.
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Novak, Stjepan. "DIJALOZI IZMEĐU USTAVNIH SUDOVA DRŽAVA ČLANICA EUROPSKE UNIJE I SUDA EUROPSKE UNIJE." Pravni vjesnik 36, no. 3-4 (2020): 113–36. http://dx.doi.org/10.25234/pv/10408.
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In the context of the discourse on constitutional identities, national constitutional courts enter into various forms of dialogue with the Court of Justice of the EU. After having engaged for an extended period of time in exclusively indirect dialogues that were more or less successful and were realised through their own practices, national constitutional courts started making use of the possibility offered to them pursuant to Article 267 of the Treaty on the Functioning of the European Union, i.e., the preliminary ruling procedure. The paper aims to prove that the dialogues which constitutional courts engage in with the Court of Justice of the EU are the most successful forms of their communication. For that purpose the paper compares these dialogues with indirect forms of communication between constitutional courts and the Court of Justice of the EU. It is in this context that the paper, following introductory considerations in the second part, considers the concept of constitutional identity from the viewpoint of the Court of Justice of the EU and the viewpoint of national constitutional courts. The third part of the paper analyses different forms of indirect dialogue between constitutional courts and the Court of Justice of the EU and draws conclusions about their effectiveness. The fourth part analyses particular procedures instituted before the Court of Justice of the EU by constitutional courts and points out the pros and cons of these procedures. Finally, the paper concludes that the procedures instituted by national constitutional courts pursuant to Article 267 of the Treaty on the Functioning of the European Union are the most direct and the most efficient forms of their communication with this Court.
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Stival, Mariane Morato, Marcos André Ribeiro, and Daniel Gonçalves Mendes da Costa. "The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts." Revista Jurídica 17, no. 2 (December 4, 2017): 137. http://dx.doi.org/10.29248/2236-5788.2017v17i2.p137-149.
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This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.
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Dzehtsiarou, Kanstantsin, and Noreen O'Meara. "Advisory jurisdiction and the European Court of Human Rights: a magic bullet for dialogue and docket-control?" Legal Studies 34, no. 3 (September 2014): 444–68. http://dx.doi.org/10.1111/lest.12025.
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Protocol 16 ECHR will provide for an extension of the advisory jurisdiction of the European Court of Human Rights (ECtHR), enabling highest national courts to request advisory opinions on questions of principle concerning the interpretation of the European Convention on Human Rights (ECHR) or its protocols. This extension of the ECtHR's advisory jurisdiction aims to achieve two goals: a reduction in the ECtHR's excessive docket, and the enhancement of dialogue between the ECtHR and (highest) national courts. While the aims of this reform initiative are laudable, we argue that Protocol 16 is likely to fail to achieve its objectives. Our analysis suggests that rather than facilitating the Court's adjudicatory function, extended advisory jurisdiction has the potential to impact on the Court's constitutionalist function in a manner that can be better achieved through the Court's contentious cases. The burden that this procedure will place on the Court's already overstretched resources would risk delays to contentious cases and potentially undermine judicial comity should requests for advisory opinions be declined. Furthermore, evidence of ‘constructive’ dialogue between highest national courts and the ECtHR is emerging in contentious cases without the need for a reformed advisory opinions mechanism. Rather than achieving its objectives, Protocol 16 risks exacerbating the Court's backlog and nullifying the positive effects of advisory opinions on dialogue.
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Hennigar, Matthew A. "Expanding the ‘Dialogue’ Debate: Federal Government Responses to Lower Court Charter Decisions." Canadian Journal of Political Science 37, no. 1 (March 2004): 3–21. http://dx.doi.org/10.1017/s0008423904040041.
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The inter–institutional dynamics between courts and elected governments under the Canadian Charter of Rights and Freedoms have recently, and widely, been characterized as a "dialogue" over constitutional meaning. This article seeks to expand the systematic analysis of "dialogue" to lower courts of appeal, using Canadian federal government responses as a case study. In the process, the article clarifies the hotly debated operational definition of this metaphor, and develops two methodological innovations to provide a comprehensive measure of dialogue. The article's findings suggest that there is more dialogue with lower courts than with the Supreme Court of Canada. However, the evidence indicates that dialogue in the form of government appeals to higher courts–which explicitly signal the government's disagreement with the lower court–is as prevalent as legislative sequels, and the dominant form following judicial amendment.
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Frese, Amalie, and Henrik Palmer Olsen. "Spelling It Out−Convergence and Divergence in the Judicial Dialogue between cjeu and ECtHR." Nordic Journal of International Law 88, no. 3 (August 29, 2019): 429–58. http://dx.doi.org/10.1163/15718107-08803001.
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In this article we investigate the relationship between the Court of Justice of the European Union and the European Court of Human Rights as it manifests in explicit cross-references between the two Courts’ jurisprudence. The analysis detects cross-references, how they are used and indications of converge or divergence in the jurisprudence through their explicit citations and references. Our dataset consists of the entire corpus of judgments from both Courts from 2009 (when the EU Charter on Fundamental Rights came into force and until the end of 2016. On the basis of a content search for references to the other Court in both corpora we detect all their cross-references. We find that 1) the Courts’ use each other’s case law surprisingly little, but when they do, it is 2) primarily within the legal domains of criminal justice and immigration policies, and 3) displaying convergence towards the jurisprudence of the other Court.
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Bussey, Erica. "Constitutional dialogue in Uganda." Journal of African Law 49, no. 1 (April 2005): 1–23. http://dx.doi.org/10.1017/s0021855305000021.
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The paper considers several recent constitutional cases in Uganda, including Constitutional Petition No. 5 of 2003, which struck down several sections of the Political Parties and Organisations Act, aimed at suppressing opposition party activity, and Constitutional Appeal No. 1 of 2002, in which the Supreme Court held that a constitutional amendment which had enabled the 2000 Referendum on political systems was unconstitutional, as examples of an emerging constitutional dialogue in Uganda. The paper examines the history of constitutionalism in Uganda, the 1995 Constitution, and recent constitutional cases in order to analyse the tools available within the Ugandan constitutional framework that make a meaningful dialogue between the courts and the legislature possible, and the ways in which these have, or have not been used in recent decisions. The paper discusses dialogue theory with an emphasis on the use of dialogue in the comparative (and particularly Canadian) context and considers whether dialogue is possible in nondemocratic systems. The recent cases indicate that not only is there the beginnings of a process of dialogue in Uganda, but that this dialogue may in fact be more important in some senses than it is within the democratic framework, since given the lack of open debate in Parliament and other fora, the dialogue between the courts and the legislature is often the only place in which important issues can be debated. However, recent developments, such as Museveni's reaction to the court's decision in Constitutional Petition No. 3 of 2000 which nullified the results of the 2000 Referendum, show how fragile this process of dialogue may be.
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TRAISBACH, KNUT. "A transnational judicial public sphere as an idea and ideology: Critical reflections on judicial dialogue and its legitimizing potential." Global Constitutionalism 10, no. 1 (March 2021): 186–207. http://dx.doi.org/10.1017/s2045381720000295.
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AbstractThis article sheds a critical light on judicial dialogue when its purpose and meaning are taken beyond cross-fertilization and comparative reasoning. It cautions against a conceptualization of judicial dialogue as a means to foster commonalities between courts and to legitimize judicial governance. The argument develops from an idealized notion of a ‘transnational judicial public sphere’. In this sphere, domestic, regional and international courts ideally form common opinions through dialogue and pursue common purposes. The danger of this understanding is to construct a new paradigm that not only overlooks important differences in the interest, influence and opinion of courts, but also overstates the socio-normative significance of exchanges between courts and of judicial governance in general. The critical potential of judicial dialogues lies less in the formation of commonalities or in the legitimization of judicial authority than in bringing alternatives and a plurality of opinions to the fore.
Dissertations / Theses on the topic "Dialogue between courts"
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Davies, Gregory. "The legitimising role of judicial dialogue between the United Kingdom courts and the European Court of Human Rights." Thesis, Cardiff University, 2017. http://orca.cf.ac.uk/107657/.
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Since the enactment of the Human Rights Act 1998, discussions have developed concerning a judicial ‘dialogue’ taking place between the UK courts and the European Court of Human Rights (ECtHR) over the interpretation of the European Convention on Human Rights (ECHR) and its application to UK law. This thesis contributes to these debates by offering a judicially-informed account of the dialogue between these courts based on in-depth interviews conducted with eight Justices of the UK Supreme Court and four judges of the European Court of Human Rights. It combines these insights with analysis of case law, extra-judicial commentary and contributions from political and legal theory to explore the role of judicial dialogue in legitimising the judgments of these courts. In this way, the thesis offers a unique methodological approach to a highly topical area of constitutional discourse in the UK. The thesis argues that dialogue has arisen in response to legitimacy challenges facing these courts based on concerns over the extent of the ECtHR’s influence in the UK. Both at the level of judgments and through informal meetings, dialogue responds to these challenges through the participation of the national courts in the jurisprudential development of ECHR rights, the accountability of the ECtHR to domestic judicial concerns, and the ongoing revision and refinement of the Convention rights at the supranational level to accommodate for legal and constitutional diversity. To this extent, dialogue is part of a wider effort to legitimise the Convention system and the courts charged with upholding it by strengthening the role and identity of the domestic courts in human rights adjudication, as reflected in the reemphasis on subsidiarity and the common law ‘resurgence’. However, the thesis also observes that a significant part of the dialogue resides in an increased willingness by the UK courts to refuse to apply parts of the ECtHR’s case law, and a tendency by the ECtHR to accommodate that refusal. On this basis, it argues that the process also carries the risk of delegitimising the ECHR system by promoting a disposition to disobey on the part of national authorities across the Council of Europe.
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Valiullina, Farida. "Dialogue of the Courts in Europe: Interactions between the European Court of Human Rights, the Court of Justice of the European Union and the Courts of the ECHR Member States." Doctoral thesis, Humboldt-Universität zu Berlin, 2017. http://dx.doi.org/10.18452/18609.
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Aufgrund des wachsenden Bedarfs an kohärenter Interaktion zwischen dem Europäischen Gerichtshof für Menschenrechte, dem Gerichtshof der Europäischen Union und den Gerichten der EMRK-Mitgliedstaaten, untersucht diese Arbeit die Problematik von Kompetenzkonflikten, die die Glaubwürdigkeit der europäischen und nationalen Gerichtshöfe untergraben und die Effektivität des gerichtlichen Rechtsschutzes in Europa schwächen, und schlägt die Lösungen vor, um Rechtsprechungskonflikte zwischen den Gerichtshöfen zu verringern. Es erfolgt eine Betrachtung der Fragen, wie Inkonsistenzen der gerichtlichen Rechtsprechung der europäischen und nationalen Gerichte vermieden werden können, wie der Beitritt der EU zur EMRK angegangen werden kann und wie das Piloturteilsverfahren des EGMR und nationalen gerichtlichen Überprüfungsverfahren wirksam funktionieren kann. Die Arbeit kommt zu dem Schluss, dass es für die Koordination der Zusammenarbeit zwischen den Gerichten wichtig ist, ihre Interaktionen zu verstärken, indem bewährte Verfahren auf allen Ebenen ausgetauscht werden. Um eine tiefere Integration der Staaten in die europäische und internationale Gemeinschaft zu erreichen und das Risiko von sich widersprechenden gerichtlichen Entscheidungen zu reduzieren, wird von den Mitgliedstaaten erwartet, dass sie ihre Verpflichtungen aus dem EU-Recht und der EMRK verlässlich erfüllen, und die europäischen Gerichtshöfe werden ihrerseits die Möglichkeit eines Eingriffs in die Souveränität der Staaten ausschlieβen lassen. Nur wenn einvernehmlich beschlossene Lösungen angenommen werden, wird eine größere Kohärenz in Rechtsprechung der europäischen und nationalen Gerichtshöfe erreicht und ein einheitliches System zum Schutz der Menschenrechte gewährleistet.In light of the growing need to establish a coherent relationship between the European Court of Human Rights, the Court of Justice of the European Union and the courts of the ECHR member states, this study explores the challenges of jurisdictional competition that undermine the credibility of the courts and weaken the effectiveness of judicial protection of fundamental rights in Europe, and suggests ways to reduce emerging judicial tensions between these courts. It examines how to avoid inconsistencies in judicial practices of the European and national courts, how to approach accession of the EU to the ECHR, and how to ensure effective functioning of the pilot judgment mechanism and national judicial review procedures. It concludes that in order to coordinate cooperation between the courts it is important to strengthen their interactions through adhering to best practices at all levels. To pursue deeper integration of states into the European and international community and minimise the chance of rendering contradicting judgments by the courts, member states are expected to comply faithfully with their obligations under EU law and the ECHR, and the European courts shall exclude the possibility of encroachment on state sovereignty. Only if mutually agreed solutions are adopted will a greater consistency in their case law be achieved and a uniform system of protection of human rights ensured.
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Teyssedre, Julie. "Le Conseil d'État, juge de droit commun du droit de l'Union européenne." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10010.
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À l'instar de ses homologues européens, le Conseil d'État a été érigé en juge de droit commun du droit de l'Union. L'exercice de cet office ne s'est pas fait sans heurts dès lors que le droit de l'Union européenne est venu défier certaines conceptions solidement enracinées dans la culture juridique nationale. Facteur de déstabilisation de l'office juridictionnel du Conseil d'État, l'ordre juridique de l'Union européenne s'est progressivement imposé comme le vecteur de sa modernisation et de la transformation de sa fonction juridictionnelle. La mise en œuvre de ce droit a conduit le Conseil d'État à se départir des dogmes juridiques auxquels il était profondément attaché et qui se trouvaient au cœur de son autolimitation. L'incidence de l'octroi de cet office juridictionnel se déploie au-delà de la stricte mise en œuvre des exigences mises à sa charge. Se matérialise, à l'échelle de l'Europe, l'émergence d'un espace européen partagé des juges qui se révèle être le berceau d'une circulation spontanée du droit. L'inscription du Conseil d'État en son sein participe inexorablement du processus d'enrichissement de son office en ce qu'il le conduit à s'ériger en acteur de l'édification d'un droit commun et du rapprochement de la justice administrative en EuropeLike its European counterparts, the French Council of State was established to judge ordinary law in the European Union. Carrying out this duty has resulted in some conflict, as European Union law goes against certain notions that are entrenched in the national legal culture. The European Union's legal system, which has been a destabilising factor in the Council of State’s judicial duties, has gradually become an essential vector for the Council's modernisation and the transformation of its judicial function. Implementing this law has led the Council of State to move away from the legal dogmas that were at the centre of its self-limitation, to which it was profoundly attached. The implications of granting this judicial duty go far beyond rigidly implementing the requirements under its responsibility. At European level, a European space shared between the courts is starting to emerge, and is revealing itself to be the origin of a spontaneous movement of law. The Council of State's inclusion within this space is inexorably contributing to the process of enhancing its function, as it has resulted in the Council establishing itself as a player in the construction of ordinary law and in the alignment with European administrative justice
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Valiullina, Farida [Verfasser], Gerhard [Gutachter] Dannemann, and Georg [Gutachter] Nolte. "Dialogue of the Courts in Europe: Interactions between the European Court of Human Rights, the Court of Justice of the European Union and the Courts of the ECHR Member States / Farida Valiullina ; Gutachter: Gerhard Dannemann, Georg Nolte." Berlin : Humboldt-Universität zu Berlin, 2017. http://d-nb.info/1185578242/34.
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Ash, Malcolm. "Knowledge that counts : an examination of the theory practice gap between business and marketing academics and business practitioners examined in respect of their respective epistemic stances." Thesis, University of Derby, 2014. http://hdl.handle.net/10545/333867.
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This work examines and presents evidence for the existence of a gap in epistemological views between academic and practice marketers. Few if any academics would seem to challenge the ‘gap’ premise but the importance of any gap and its nature are issues about which little agreement exists. The intractable nature of the academic practitioner gap has a long history of interesting and diverse debate ranging from Dewey’s argument about the true nature of knowing to contributions based on epistemic adolescence, ontological differences and more pragmatic suggestions about different tribes. Others include the rigour versus relevance issue, failures in curriculum or pedagogy and a clash between modernist and postmodernist epistemologies. Polanyi’s description of tacit versus explicit knowledge further extends the debate as do issues of knowledge creation and dissemination in particular through Nonaka. Irrespective of approach actual evidence for a gap was largely based on argument rather than empirical proof. This work address that lack. The intractability of the gap suggests that it is at root, epistemic. To identity the existence of a gap in such terms a domain specific epistemic questionnaire developed by Hofer was used. A factor analytic process extracted a common set of factors for the domain of marketers. Five epistemic factors were identified. Three of these showed significant difference in orientation between practitioners and academics confirming that the theory practice gap is tangible and revealing an indication of its nature Broadly results from factor analysis with interpretation informed by factor item structure and prior theoretical debate suggests that academics and practitioners views on knowledge and how they come to know share similarities and differences. Academics are more likely to see knowledge as stable, based on established academic premise legitimized from academy. Practitioners are more likely to see knowledge as emerging from action, as dynamic and legitimised by results. Other significant findings included the emergence of dialogue as a means of closing the gap, and the emergence of a group of academics with significant practice experience termed here as, hybrids, who are located in the Academy but mostly share their epistemic views with practitioners. Correlation analysis showed that academic propensity to engage in dialogue with practice moved academic factor scores towards practitioners. This shows that dialogue has a clear role in both perpetuating the gap in its absence or reducing it. Fundamentally dialogue plays a clear role in bridging the two epistemologies and in providing for additional epistemic work. Finally a solution to bridging the gap has been proposed. The model called dialogic introspection melds dialogue and introspection to create epistemic doubt, the volition to change and a means of resolution. The model avoids prescription of what form knowledge should take but instead adopts a stance similar to more mature disciplines like medicine in which the status of academic work is enhanced in line with its relevance to practice which itself is embodied in dialogue. This approach recognizes the centrality of epistemology as shaping the conditions necessary for recognizing epistemologies as hierarchies in which the epistemology most capable of additional epistemic work is the most desirable. Such an epistemology would have the capacity to add epistemic work and reinforces Nonaka’s call for epistemology to be recognized as central to knowledge creation.
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Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
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La première partie de l’étude est consacrée à l’invocation, intra et extra muros, du droit à un procès équitable. Sont analysés ainsi, dans un premier temps, l’applicabilité directe de l’article 6 et la subsidiarité de la Convention par rapport au droit national et de la Cour Européenne des Droits de l’Homme par rapport aux juridictions nationales. Le droit à un procès équitable étant un droit jurisprudentiel, l’étude se focalise, dans un second temps, sur l’invocabilité des arrêts de la Cour Européenne et plus précisément sur l’invocabilité directe de l’arrêt qui constate une violation du droit à un procès équitable dans une affaire mettant en cause l’Etat et l’invocabilité de l’interprétation conforme à l’arrêt qui interprète l’article 6 dans une affaire mettant en cause un Etat tiers. L’introduction dans l’ordre juridique français et hellénique de la possibilité de réexamen de la décision pénale définitive rendue en violation de la Convention a fait naitre un nouveau droit d’accès à la Cour de cassation lequel trouve son terrain de prédilection aux violations de l’article 6 et constitue peut-être le pas le plus important pour le respect du droit à un procès équitable après l’acceptation (par la France et la Grèce) du droit de recours individuel. Quant au faible fondement de l’autorité de la chose interprétée par la Cour Européenne, qui est d’ailleurs un concept d’origine communautaire, cela explique pourquoi un dialogue indirect entre la Cour Européenne et la Cour de cassation est possible sans pour autant changer en rien l’invocabilité de l’interprétation conforme et le fait que l’existence d’un précédent oblige la Cour de cassation à motiver l’interprétation divergente qu’elle a adoptée.La seconde partie de l’étude, qui est plus volumineuse, est consacrée aux garanties de bonne administration de la justice (article 6§1), à la présomption d’innocence (article 6§2), aux droits qui trouvent leur fondement conventionnel dans l’article 6§1 mais leur fondement logique dans la présomption d’innocence et aux droits de la défense (article 6§3). Sont ainsi analysés le droit à un tribunal indépendant, impartial et établi par la loi, le délai raisonnable, le principe de l’égalité des armes, le droit à une procédure contradictoire, le droit de la défense d’avoir la parole en dernier, la publicité de l’audience et du prononcé des jugements et arrêts, l’obligation de motivation des décisions, la présomption d’innocence, dans sa dimension procédurale et personnelle, le « droit au mensonge », le droit de l’accusé de se taire et de ne pas contribuer à son auto-incrimination, son droit d’être informé de la nature et de la cause de l’accusation et de la requalification envisagée des faits, son droit au temps et aux facilités nécessaires à la préparation de la défense, y compris notamment la confidentialité de ses communications avec son avocat et le droit d’accès au dossier, son droit de comparaître en personne au procès, le droit de la défense avec ou sans l’assistance d’un avocat, le droit de l’accusé d’être représenté en son absence par son avocat, le droit à l’assistance gratuite d’un avocat lorsque la situation économique de l’accusé ne permet pas le recours à l’assistance d’un avocat mais les intérêts de la justice l’exigent, le droit d’interroger ou faire interroger les témoins à charge et d’obtenir la convocation et l’interrogation des témoins à décharge dans les mêmes conditions que les témoins à charge et le droit à l’interprétation et à la traduction des pièces essentielles du dossier. L’analyse est basée sur la jurisprudence strasbourgeoise et centrée sur la position qu’adoptent la Cour de cassation française et l’AréopageThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
Books on the topic "Dialogue between courts"
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European Court of Human Rights. Dialogue between judges. Strasbourg: European Court of Human Rights, 2006.
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L, Mactavish Anne, Jacobs Laverne A, and Canadian Institute for the Administration of Justice., eds. Dialogue between courts and tribunals: Essays in administrative law and justice, 2001-2007. Montréal: Éditions Thémis, 2008.
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China (Republic : 1949- ). Si fa xing zheng ting., ed. Bai nian si fa: Si fa, li shi de ren wen dui hua = A century of judiciary : a dialogue of civilization between judiciary and history. Taibei Shi: Si fa yuan, 2006.
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Sciberras, Colette, and Nelson Reveley. Dialogue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190456023.003.0004.
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This dialogue brings Buddhist thought into conversation with Protestant Christian theological ethics. The chapter examines the worldly and spiritual conflicts and connections of flourishing in Buddhist philosophy, and how those concepts echo Christian writings. Dialogue follows about Buddhist and Christian views of the afterlife, as well as suffering and impermanence, goodness and permanence, and how there can be happiness in both permanence and impermanence. Further discussion about how the tensions between material and spiritual flourishing play out in other aspects of life prompts questions about whether the world may be seen as good, what counts as good, and where value lies.
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Linares Cantillo, Alejandro, Camilo Valdivieso-León, and Santiago García-Jaramillo, eds. Constitutionalism. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896759.001.0001.
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This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January of 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates. These debates concern the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.
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Ryngaert, Cedric. Sources of International Law in Domestic Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0053.
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This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisions can have a jurisgenerative effect on customary international law, where they become part of a transnational dialogue between domestic and international courts on questions of international law determination. Admittedly, this dialogical process is hamstrung by the particularities of domestic law and the hard-to-eradicate selection bias of international law-appliers. However, a more objective comparative international law process can be grounded, geared to effective problem-solving guided by the persuasiveness and quality of reasoning of municipal court decisions relevant to international law.
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Ziccardi Capaldo, Giuliana, ed. The Global Community Yearbook of International Law and Jurisprudence 2018. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190072506.001.0001.
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The 2018 edition of The Global Community Yearbook of International Law and Jurisprudence both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunal for the Former Yugoslavia, to economically based tribunals such as ICSID and the WTO Dispute settlement procedures. The contents of this part have been enriched with the inclusion of a new section devoted to the Permanent Court of Arbitration (PCA), the oldest global institution for the settlement of international disputes. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions’ legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia’s tobacco plain packaging measure; Israel’s acceptance of Palestinian statehood contingent upon prior Palestinian “demilitarization” is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
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Mari, Manuela. Powers in Dialogue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198804208.003.0005.
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Building on a slate of recent discoveries and publications, the chapter investigates how the Macedonian kings employed letters and so-called diagrammata to interact with and to rule over cities within their reign and regions under their control. It thus brings to life the diplomatic activity between court and constituencies that defined the political culture of fourth-century BCE Macedonia: the different types of missives used by the kings yield important insights into the administrative hierarchies and institutional procedures (as well as the ‘styles’ of exercising power) that sustained royal rule. Specifically, Mari reconsiders the role and function of the epistatai (the local administrators who received the letters and were in charge of distributing the royal message): as initial addressees of the royal correspondence but frequently nominated by the local community, they mediated between centre and periphery and thus functioned as vital nodes in imperial administration.
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Pope, Sue, and Alex Biedermann, eds. The Dialogue Between Forensic Scientists, Statisticians and Lawyers about Complex Scientific Issues for Court. Frontiers Media SA, 2020. http://dx.doi.org/10.3389/978-2-88966-049-0.
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Robert F, Williams. Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 5 The New Judicial Federalism. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0005.
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This chapter discusses the evolution of the New Judicial Federalism, reflecting the realization that state constitutional rights provisions can provide, or be interpreted to provide, more rights than the federal Constitution's national minimum standards. It describes the wide variety of state constitutional rights provisions, together with the various stages of the New Judicial Federalism beginning in the 1970s. These developments consisted of state high court decisions, law review literature, including influential articles written by state judges as well as Justice William Brennan, Jr., and conferences. Also, the chapter describes the backlash against the New Judicial Federalism and the awareness that expansive judicial interpretations of state constitutions could be overturned by amendments to the texts of state constitutions. The chapter concludes with the suggestion that a true dialogue between state and federal courts concerning constitutional rights might be possible.
Book chapters on the topic "Dialogue between courts"
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Di Stasi, Angela. "Human Dignity as a Normative Concept. “Dialogue” Between European Courts (ECtHR and CJEU)?" In Judicial Power in a Globalized World, 115–30. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_8.
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Bufalini, Alessandro. "Waiting for Negotiations: An Italian Way to Get Out of the Deadlock." In Remedies against Immunity?, 191–208. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_9.
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AbstractThe outcome of Judgment 238/2014 does not directly rely on the fact that the international dispute on state immunity involves two member states of the EU. Also, it is difficult to envisage at the European level any normative development on the international rules on state immunity. It seems, however, that some useful lessons can be learnt from the judicial dialogue between the European Court of Justice, the European Court of Human Rights, and constitutional courts. In very general terms and for many reasons, the relationship between constitutional courts and the International Court of Justice (ICJ) cannot rely on particularly sophisticated techniques of judicial dialogue.This encourages us to consider the importance of involving state-level political organs as one of the counterparts to the dialogue. The potential power of judges to address these political organs in order to find a diplomatic solution raises the thorny question of whether this availability of alternative means of dispute settlement at the international level might impact on (or somehow restrict) the right of access to justice for Italian victims. Since both ICJ and the Italian Constitutional Court (ItCC) seem to agree that negotiation is the alternative dispute settlement par excellence (and the only means available to settle the present dispute at the international level), the ItCC might have given more importance to the availability of alternative means of redress—in the form of negotiations between the two states—in order to wear down the absolute character of the principle of judicial protection enshrined in Article 24 of the Italian Constitution.Of course, a negotiated solution depends upon the willingness of both parties, whereas an Italian political initiative aimed at unilaterally granting reparation to the victims is always possible. Moreover, the latter solution may stop the enforcement of Judgment 238/2014 and reduce Italy’s exposure to international responsibility for non-compliance with the 2012 ICJ Judgment. So long as Italian victims and their heirs are compensated, the restriction on their right to seek justice through the courts might become more tolerable for the Italian tribunals.
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Vogler, Richard. "Criminal Evidence and Respect for Fair Trial Guarantees in the Dialogue Between the European Court of Human Rights and National Courts." In Transnational Evidence and Multicultural Inquiries in Europe, 181–92. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-02570-4_15.
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Menéndez, Ignacio Villaverde. "A Dialogue Between Courts. The Case-Law of the European Court of Human Rights and the Spanish Constitutional Court on the Principle of Legal Certainty." In Multilevel Protection of the Principle of Legality in Criminal Law, 35–53. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-63865-2_3.
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Burbano Herrera, Clara, and Yves Haeck. "The Innovative Potential of Provisional Measures Resolutions for Detainee Rights in Latin America Through Dialogue Between the Inter-American Court and Other Courts." In Urgency and Human Rights, 223–44. The Hague: T.M.C. Asser Press, 2020. http://dx.doi.org/10.1007/978-94-6265-415-0_10.
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Waas, Bernd. "How to Improve Monitoring and Enforcement of International Labour Standards?" In International Labour Organization and Global Social Governance, 79–95. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-55400-2_4.
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Abstract This paper presents the existing system of monitoring international labour standards within the ILO, and then discusses how this system could be improved. The author suggests increased and improved cooperation between the relevant international organizations and an intensification of the dialogue between courts and other supervisory bodies, insofar as they are responsible for ensuring compliance with international standards. In addition, the question of whether and in what way the European Union could make a further contribution in this respect is examined. Finally, the role of the private sector is examined in more detail.
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Ruggeri, Antonio. "“Dialogue” Between European and National Courts, in the Pursuit of the Strongest Protection of Fundamental Rights (with Specific Regard to Criminal and Procedural Law)." In Human Rights in European Criminal Law, 9–29. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-12042-3_2.
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Landsman, Stephan. "Facts and Evidence: A Case Study of Developments in England’s Old Bailey Criminal Court During the Eighteenth Century." In A Dialogue Between Law and History, 211–27. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-9685-8_12.
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Baudenbacher, Carl. "Judicial Dialogue Between the ECJ and the EFTA Court." In Judicial Independence, 279–302. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-02308-9_21.
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Thomas, Alfred. "Between Court and Cloister: Royal Patronage and Nuns’ Literacy in Medieval East-Central Europe." In Nuns’ Literacies in Medieval Europe: The Hull Dialogue, 207–21. Turnhout: Brepols Publishers, 2013. http://dx.doi.org/10.1484/m.mwtc.1.101527.
Full textConference papers on the topic "Dialogue between courts"
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Khattaa, Semirames, Bárbara Laurindo da Silva, and Manuela Pereira Gomes. "Public policies and social rights: employment and income in Brazil." In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212439.
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The analyzes of public policies and their interface with the law are related to the effectiveness of fundamental rights. This article aims to analyze how the creation and execution of public policies aimed at the realization of fundamental social rights, especially those aimed at employment and income, as well as the judicial control of these public policies, are carried out. It seeks to identify the mechanisms and limits inherent to Public Administration to promote the realization of these rights in an equal way. The investigation of institutional designs, federative arrangements, and programs and the legal foundations and theoretical bases of public policies founded with the consolidation of the Constitutional State of Law seek to identify possible bottlenecks in the Brazilian Public Administration for the effectiveness of socialrights, such as those aimed at employment nationwide and the municipal administration, especially in Campos dos Goytacazes. The study will be based on a bibliographic research and analysis of the legislative and jurisprudential process on the subject, with data collection from the websites of the federal and municipal government of Campos, Ministério Público, Courts of Auditors, IPEA, IBGE, Federal Chamber of Deputies and well. as the Federal Supreme Court (STF). With the systematization of theoretical references on public policies and fundamental rights, a proposal to identify the articulation and dialogue between the powers in the area of realization of specific social rights related to work and income, and the elaboration of an article summarizing the results achieved by the analysis of effectiveness with the analysis of the importance of the effectiveness of fundamental rights with the identification and systematization of the main institutional obstacles to their implementation
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Lim, Sunghoon, Conrad S. Tucker, Kathryn Jablokow, and Bart Pursel. "Quantifying the Mismatch Between Course Content and Students’ Dialogue in Online Learning Environments." In ASME 2017 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/detc2017-67339.
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Due to the internet’s increasing global availability, online learning has become a new paradigm for distance learning in higher education. While student interactions and reactions are readily observable in a physical classroom environment, monitoring student interactions and quantifying divergence between lecture topics and the topics that interest students are challenging in online learning platforms. Understanding the effects of this divergence is important for monitoring student engagement and aiding instructors, who are focused on improving the quality of their online courses. The authors of this paper propose a topic modeling method, based on latent Dirichlet allocation (LDA), that quantifies the effects of divergence between course topics (mined from textual transcriptions) and student-discussed topics (mined from discussion forums). Correlations between the measured dissimilarities and (a) the number of posts and comments in discussion forums, (b) the number of submitted assignments, and (c) students’ average performance scores are presented. A case study involving video lecture transcripts and discussion forum posts/comments in a massive open online course (MOOC) platform demonstrates the proposed method’s potential success and informs course providers about the challenges of measuring the topics that interest students.
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Shih, Shu Chuan, Hao Yu Tsai, and Mei Ling Chen. "THE EFFECT OF A ONE-ON-ONE DIALOGUE-BASED MATHEMATICAL INTELLIGENT TUTORING SYSTEM FOR LEARNING EQUIVALENT FRACTION." In International Conference on Education and New Developments. inScience Press, 2021. http://dx.doi.org/10.36315/2021end077.
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The purposes of this study are to develop a one-on-one dialogue-based mathematical intelligent tutoring system (ITS) for learning equivalent fraction in the 4th grade math, and evaluate its learning effect. The system used the course content and dialogue script designed by the math teaching experts in advance, and a computer agent teacher asked questions based on the course script. After the student answered, the system was able to identify the error pattern and misconception according to the student's response, then provided each student with adaptive teaching guidance or feedback. Students could construct correct equivalent fraction concepts through a series of interactive dialogues between students and the computer agent teacher step by step. In order to evaluate the effectiveness of this ITS, a quasi-experiment design was conducted. The pretest and post-test were parallel tests involving equivalent fraction. The participants of the study were 76 students in the fourth grade of two elementary schools chosen from midland of Taiwan. They were divided into the experimental group of 39 and the control group of 37. The experimental group used the "one-on-one dialogue-based mathematical intelligent tutoring system" for teaching. The control group used traditional classroom instruction by a human teacher. The learning content and time were controlled to be the same. Finally, the learning effectiveness and learning interest were assessed by comparing the pre-test and post-test performance of students. The results of the study showed that both teaching methods can significantly improve the students’ learning achievements of equivalent fraction, and the learning effectiveness of "one-on-one dialogue-based mathematical intelligent tutoring system" was significantly better than that of traditional classroom instruction. In the "one-on-one dialogue-based mathematical intelligent tutoring system" group, the learning improvement of students with different genders and different ability levels were also reaching a significant level. It indicated that this system benefited the learning achievements of students with different genders and different abilities. Furthermore, from the response data of the learning interest questionnaire, both teaching methods could significantly improve the learning interest of students. But there was no significant difference between the two teaching methods. By interviewing students, the probable causes included that low learning interest students of the experimental group also lack interest to familiar system operation, and some students think this ITS is not interesting enough because of lacking learning games.
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Brunetti, Federico Alberto. "Drawing as dialogue." In Fourth International Conference on Higher Education Advances. Valencia: Universitat Politècnica València, 2018. http://dx.doi.org/10.4995/head18.2018.8239.
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The training paths are essentially based on the acquisition of knowledge in which the transmission of knowledge is organized starting and through the acquisition, and capacity for further modulation, of textual or alphanumeric languages. An area of particular intellectual value is however normally recognized and delegated to the activities defined as creative or artistic. The very concept of "vision", typical of the current methodologies of strategic thinking, refers to the ability to communicate through visual interpretive hypotheses, the experience of reality. In Italy a new regulation called "School-Work Alternation" has been introduced in the training courses, for the development of those attitudes of so-called soft-skills in operational and relational responsibility, for a positive outlook in working contexts. The case study of this manuscrippt concernes the students of the Liceo Artistico who forge their attitudes to know how to deal the conceptual mediations between visible and invisible, between visual thinking and concept vision images. The Drawing accompanies the way they look at the world and elaborate a shareable image. These formative features have made their contributions in these experiences particularly interesting and original, not so much for non-profit creative collaborations that they have been able to develop with the Institutions that have welcomed them, but above all for the current image and innovative that they have been able to interpret and return.
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Salman, Radian, and Rosa Ristawati. "Constitutional Dialogue in the Indonesia Election Law: Tension between the Indonesian Constitutional Court and the Legislature." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010052701560162.
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Kirk Irwin, James. "Ratio and the Divine Proportions: Le Corbusier and Rudolf Wittkower." In LC2015 - Le Corbusier, 50 years later. Valencia: Universitat Politècnica València, 2015. http://dx.doi.org/10.4995/lc2015.2015.743.
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Abstract: This paper will evaluate Le Corbusier’s notion of ratio as expressed in his Modulor and Modulor 2. Particular emphasis will be placed on the dialogue (or polemical exchange) between Rudolf Wittkower and Le Corbusier contained within Modulor 2 concerning the nature of the Divine Proporzione. The historiography of this area of art and architecture includes a vigorous debate from the mid-twentieth century among Modernist architects and art historians over the nature of the Divine Proportions. It is in this context that the dialogue between Le Corbusier and Wittkower occurs. Le Corbusier describes human form with a Fibonacci-based number system expressed through a universally applied system of measure, Le Modulor. Wittkower describes a set of harmonic proportions, conceptually universal, that describe the essence of Renaissance Architecture. Both influenced the course of Modern Architecture in the late twentieth-century. Keywords: Le Modulor, Wittkower. DOI: http://dx.doi.org/10.4995/LC2015.2015.743
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Korotaev, N. A., V. I. Podlesskaya, K. V. Smirnova, and O. V. Fedorova. "DISFLUENCIES IN RUSSIAN SPOKEN MONOLOGUES: A DISTRIBUTIONAL ANALYSIS." In International Conference on Computational Linguistics and Intellectual Technologies "Dialogue". Russian State University for the Humanities, 2020. http://dx.doi.org/10.28995/2075-7182-2020-19-454-466.
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The paper addresses the overall distribution of speech disfluencies in Russian spoken monologic discourse: basing on corpus data, we investigate qualitatively and quantitatively how disfluencies of different types group (or do not group) with each other and how isolated disfluencies and their sequences are sandwiched with periods of fluent speech in the course of speech production. Self-repairs, filled and silent pauses, and instances of hesitation lengthening were annotated in a subcorpus of the “Russian Pears Chats and Stories” (RUPEX). A distribution-oriented typology of disfluencies was proposed that distinguishes between isolated disfluencies, disfluency clusters, and quasiclusters. We claim that disfluency tokens tend to cluster, as isolated occurrences are significantly less frequent in our data than it could have been expected basing on the relative frequency of tokens. This finding contradicts previous studies that treated disfluency clusters as a more marginal phenomenon, and emphasizes the importance of a distributional, rather than merely structural, approach to annotating disfluencies. Furthermore, individual types of disfluency tokens demonstrate significantly different distributional patterns. Compared to other types, self-repairs occur more often in isolation, while words with hesitation lengthening appear predominantly in clusters, and filled pauses most often group with silent pauses to form quasi-clusters.
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Rabb, Robert, David Chang, and John R. Rogers. "Dynamic Modeling and Control: Interdisciplinary Faculty Teamwork and Techniques." In ASME 2008 9th Biennial Conference on Engineering Systems Design and Analysis. ASMEDC, 2008. http://dx.doi.org/10.1115/esda2008-59195.
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As the future of engineering education emphasizes more interdisciplinary work and more work performed in teams, one logical starting point for this evolution is for faculty from different academic departments to work together. Engineering educators cannot ignore the real world’s shifting focus to interdisciplinary engineering, and they should adapt as well. Similar to the total engineering process as a team effort, the engineering education process also benefits from excellent communications among a diversity of team members. This paper highlights a classical dynamical modeling and controls course with students from two different disciplines: electrical engineering and mechanical engineering. Faculty from both departments teach every semester. Sections are assigned to individual instructors but all activities are planned jointly. Course administration is the role of a course director and this role alternates between the two departments each semester. Responsibilities throughout the semester are shared between the instructors. This organizational structure is important, allowing the interdisciplinary faculty team to synchronize their efforts, each contributing their individual strengths and resources to promote student learning and faculty development. The instructors engage in meaningful dialogue concerning their assignments, lesson preparations, laboratory exercises, and their results. The information flow between instructors from different departments encourages faculty learning by pushing the instructors beyond their own discipline. This paper provides details that illustrate the structure and benefits of the course. Advantages to empowering an interdisciplinary faculty are also described. The approach described allows the students to benefit from the work of an interdisciplinary faculty team enriching the students’ understanding through real world projects and examples that have aspects of multiple disciplines.
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White, Phillip R. "Turning ABET Accreditation Review Into a Continuous Improvement Process." In ASME 2006 International Mechanical Engineering Congress and Exposition. ASMEDC, 2006. http://dx.doi.org/10.1115/imece2006-13591.
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For many engineering programs, the assessment required for ABET accreditation results in little actual improvement in the educational program and is viewed by many faculty simply as a hurdle to be overcome to maintain accreditation. Particularly tedious is the assessment of the achievement of the ABET (a-k) program educational outcomes. One innovative approach to minimize the work involved in assessing the achievement of the (a-k) program educational outcomes is based on the establishment of course outcomes for each required course along with a mapping of the course outcomes to the (a-k) program educational outcomes. Course outcomes are the required topics that are to be covered in each required course and are the topics whose achievement are normally assessed through tests, homework, quizzes, reports and presentations. Collecting data on achievement of course outcomes places little additional burden on instructors because the data is readily available in grade records normally created for each course. The mapping of course outcomes to (a-k) program educational outcomes indicates which of the (a-k) outcomes each course outcome addresses. Therefore using the course outcome achievement data provided by each instructor from their grade records and the mapping of course outcomes to (a-k) program educational outcomes, the achievement of the (a-k) program educational outcomes by the entire curriculum can be relatively easily assessed. The process of establishing and assessing course outcomes not only addresses the assessment of achievement of the (a-k) program educational outcomes but it can also easily lead to continuous improvement of the curriculum. Continuous improvement can result when assessment is done periodically and the results are discussed by faculty groups responsible for each course. The establishment of course outcomes and their achievement assessment can lead to serious dialog about what is being taught in each course and the continuity between courses. Instruction and testing are more focused and improved because faculty know they must provide assessment data for each outcome. And finally the strengths and weaknesses in the curriculum as a whole are determined when the mapping is used to assess the overall achievement of the (a-k) program educational outcomes.
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Jenko, Aladin. "Divorce problems Divorce from a man does not occur except in court model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp238-250.
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"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."