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Journal articles on the topic 'Judicial branch'
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1
Terhechte, Jörg Philipp. "Judicial Ethics for a Global Judiciary – How Judicial Networks Create their own Codes of Conduct." German Law Journal 10, no. 4 (2009): 501–14. http://dx.doi.org/10.1017/s2071832200001188.
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It is not a new insight that nowadays everything and everybody seems to be globalized. This is even true with respect to the different branches of the state. We know a lot about the globalization of the executive branch and administrative law (towards a global or international administrative law) for example. Public agencies around the world are compelled to cooperate – e.g. to change information and work together on legal cases – because many problems can only be solved by a cross-border approach. The legislative branch faces the deep influence of globalization, too. National lawmakers have to respect or transform standards and rules set by international organizations such as the WTO, NAFTA or the EU. In the EU, for example, 70–80% of national legislation in the field of economic law is based on rules set by the EU. Furthermore, the question arises whether the judiciary is also remarkably influenced by globalization. Is the judicial branch, or more precisely in the international context, the national and international judiciary, yet globalized? What role does the judge play in the context of globalization?
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Bovend’Eert, Paul P. T. "Judicial Independence and Separation of Powers: A Case Study in Modern Court Management." European Public Law 22, Issue 2 (2016): 333–53. http://dx.doi.org/10.54648/euro2016021.
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The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered.
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Pérez, Aida Torres. "Judicial Self-Government and Judicial Independence: the Political Capture of the General Council of the Judiciary in Spain." German Law Journal 19, no. 7 (2018): 1769–800. http://dx.doi.org/10.1017/s2071832200023233.
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AbstractThe General Council of the Judiciary is the main institution of judicial self-government in Spain. It was established to ensure the external independence of the judiciary, and in particular the independence of the judiciary vis-à-vis the executive branch of government. To what extent does the Judicial Council manage to fulfill its goal? First, the evolution of the Judicial Council will be presented in order to understand the principal reforms and reasons behind its creation. Next, the impact of the Judicial Council upon judicial independence, as well as accountability, transparency, and public confidence will be critically examined in order to assess its contribution to judicial legitimacy. In the end, it will be argued that the politicization of the Judicial Council has hindered it from protecting judicial independence from partisan interests, and has contributed to undermining public confidence in the judiciary.
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Apperson, Justin. "Comity or Confrontation: Budgeting Independence of the American Judiciary." Constitutional Review 10, no. 1 (2024): 136. http://dx.doi.org/10.31078/consrev1015.
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While many American court systems have constitutional funding protections judicial salaries, the judiciary in the position of bargaining for funding for staff, services, technology, facilities, supplies, and other goods to adequately fund the constitutional mission of adjudication. Courts have looked to two principal strategies in securing funding. First, courts have tried to improve the relationship with the other branches through long-term connections and demonstrations of sound judicial governance. Courts have sought to improve their strategic planning, incorporating novel uses of data including performance measures, with the collateral hope of enhancing budget justifications. Courts have also tested political strategies for self-advocacy, including elevating judicial officers as spokespersons for the judicial branch, mobilizing stakeholders, and lobbying key officials. Second, courts have invoked the inherent powers of the judiciary as a separate and co-equal branch to compel funding that is reasonably necessary to administration of justice. Judicial leaders have typically disfavored this technique, which presents its own risks of trespassing on legislative power and impairing longer-term strategies for building bridges and understanding between the branches, except in patterns of legislative neglect or hostility towards judicial independence.
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KLEANDROV, Mikhail Ivanovich. "The Judicial System of the Russian Federation in the Light of the Constitutional Amendments of 2014 and 2020: Problems and Solutions." Journal of Constitutional Justice 2 (April 18, 2024): 1–9. http://dx.doi.org/10.18572/2072-4144-2024-2-1-9.
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The article analyzes the content of constitutional amendments in relation to the organization of the judiciary. Specific proposals are made to create several completely independent judicial systems with their own Higher (Supreme) courts, the problems of world justice are considered (and a change in the vector of its development is proposed), and the need for bodies with judicial functions below the level of world justice is justified — in sparsely populated territories of the country. In addition, a proposal is being put forward to create a federal judicial authority with state powers similar to those of the bicameral Federal Assembly — for the legislative branch, and the Government of the Russian Federation — for the executive branch.
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Levin, V. V. "The Judicial System of the Russia: Concept and Legal Features." Sociology and Law, no. 2 (July 18, 2020): 106–13. http://dx.doi.org/10.35854/2219-6242-2020-2-106-113.
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The article is devoted to the description of the concept of the “Judicial System”, which is associated with the state judicial branch of government. In addition, the article discusses the features of the practical implementation of the principle of separation of powers and the independence of the judiciary. Based on the analysis, the author comes to the conclusion that human rights defenders and lawyers cannot influence the situation within the framework of the judiciary and that there is an urgent need for reforming the judicial system.
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Nuraini, Nuraini, and Mhd Ansori. "Politik Hukum Kekuasaan Kehakiman di Indonesia." Wajah Hukum 6, no. 2 (2022): 426. http://dx.doi.org/10.33087/wjh.v6i2.1075.
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Judicial power is a branch of power in every country, whether in a democratic state, a state towards a democracy, or an undemocratic state. This happened on the influence of the doctrine of separation of powers which wanted the branches of power to be divided over the legislature, executive, and judiciary. Judicial power in Indonesia at the beginning of independence was intended as a separate branch of power from political institutions, the power of an independent judiciary must still be upheld both as a principle in the state based on law and to allow judicial power to ensure that government is not carried out arbitrarily. The development of judicial power is inseparable from the legal politics of judicial power itself. Because legal politics is subtantively about the friction between politics and law, to examine legal politics is to discuss policies related to the state system. The purpose of the writing is to find out and analyze the political dynamics of judicial power in Indonesia. This type of writing is normative juridical, meaning that this article focuses on the study of the implementation of all positive legal norms and rules. In this research, the approach is conceptual, legal and historical approach.
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Shaheen, Fozia, and Mamoona Khalid. "Judicial Independence and Impartiality of Judiciary: A Comparative Study." International Journal of Social Sciences and Humanities Invention 5, no. 2 (2018): 4383–86. http://dx.doi.org/10.18535/ijsshi/v5i2.01.
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Vesting judicial power in a separate branch under the doctrine of separation of power requires impartiality of the body exercising judicial powers, in order to develop public confidence on the judiciary. An independent judiciary has always been acted as a guardian of constitution and individual rights. Independence and impartiality of the judiciary is not only necessary for fair trial but also pre-requisites for the application of Rule of Law. If judiciary is biased then there will be chaos and tyranny. Right of fair trial before independent and impartial tribunal is an internationally recognized right under International Instruments. This Article is intended to explore the importance of doctrine of judicial impartiality for preserving Judicial Independence in Constitutional analysis perspective of Pakistan, UK and USA.
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Basabe-Serrano, Santiago, and John Polga-Hecimovich. "Legislative Coalitions and Judicial Turnover under Political Uncertainty." Political Research Quarterly 66, no. 1 (2012): 154–66. http://dx.doi.org/10.1177/1065912911436319.
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While judicial turnover in Latin American high courts is often the result of political realignments within the executive branch, the judiciary may also be sensitive to realignments in the legislative branch. The authors use data from the Ecuadorian Constitutional Court to show that under some circumstances, congressional deputies will seek to remove judges further from their own ideal points as the composition of the legislative coalition changes. This provides some of the first empirical evidence of the role legislatures play in Latin American judicial instability and may be broadly generalizable to other countries with similar institutional profiles and rates of interbranch crisis.
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Asimow, Michael, Gabriel Bocksang Hola, Marie Cirotteau, Yoav Dotan, and Thomas Perroud. "Between the Agency and the Court: Ex Ante Review of Regulations." American Journal of Comparative Law 68, no. 2 (2020): 332–75. http://dx.doi.org/10.1093/ajcl/avaa016.
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Abstract Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regulations are never subject to judicial review, which creates an accountability deficit. This deficit can be remedied through ex ante administrative review of the legality of regulations by an executive branch agency that is independent of the adopting agency. This Article evaluates executive branch ex ante legality review schemes in California, Chile, Israel, and France. Although these regulatory review schemes vary greatly, each of them scrutinizes the substantive and procedural legality of regulations (as distinguished from their economic or environmental effect or their political acceptability). This review takes place before the regulations are judicially reviewed and before they become effective. Ex ante administrative review can compensate for the failings of judicial review, promote the rule of law, and enhance the legitimacy of the regulatory process.
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Barak, Aharon. "The Role of the Supreme Court in a Democracy." Israel Law Review 33, no. 1 (1999): 1–12. http://dx.doi.org/10.1017/s0021223700015879.
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There are three constitutional branches: the legislative branch, the executive branch, and the judicial branch, and they are the product of our constitution, our Basic Laws. They are of equal status, and the relationship between them is one of “checks and balances”. This system is designed to assure that each branch operates within the confines of its authority, for no branch may have unlimited powers. The purpose of checks and balances is not effective government; its purpose is to guarantee freedom.In this system of powers, the task of the judicial branch is to adjudicate conflicts according to the laws. For that purpose, the judicial branch has to perform three principal functions. The first is concerned with determining the facts. From the entirety of the facts, one should determine those facts which are relevant to adjudicating the conflict. The second function is concerned with determining the law. The third function is concerned with applying the law to the facts, and drawing the appropriate judicial conclusion.
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García García, Adriana, and Gianmarco Coronado Graci. "Reforma judicial en México : elección popular de jueces y el riesgo de captura institucional." Estudios: filosofía, historia, letras 23, no. 152 (2025): 165. https://doi.org/10.5347/01856383.0152.000314791.
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This article critically examines Mexico’s 2024 judicial reform, focusing on the implications of the popular election of judges, the reduction of judicial terms, the mass dismissal of judges, the politicization of the newly created Disciplinary Tribunal, and the linkage of judicial salaries to the executive branch. Through comparative and normative analysis, the paper explores the experiences of Bolivia and the United States in implementing systems of judicial elections, as well as international standards on judicial independence. The findings suggest that these institutional changes risk undermining the impartiality and autonomy of the judiciary, potentially facilitating its political capture. The study concludes with recommendations to mitigate these risks and ensure a balance between judicial democratization and the preservation of judicial independence.
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Pandit, Piyush. "Judicial Review and its Distinction with Appeal." International Journal For Multidisciplinary Research 04, no. 04 (2022): 76–85. http://dx.doi.org/10.36948/ijfmr.2022.v04i04.007.
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Judicial Review is the basic and essential feature of the Indian constitutional scheme entrusted to the judiciary. The supremacy of the Indian Constitution is maintained in large part by judicial review. Additionally, it aids in preserving the harmony between the state’s three organs so that no law can be passed without being subject to review. Perhaps the most significant advancement in public law in the latter half of this century has been the judicial review of administrative action, and this paper focuses precisely on that. Judiciary review thus seeks to safeguard citizens from the misuse or abuse of authority by any branch of the state. This paper tries to cover the nuances of judicial review, like the grounds of judicial review, the doctrine of ultra vires, writs, and finally, its distinction with an appeal.
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McInnis, Tom N. "The Federal Judiciary and the Clinton Administration: A Potential for Ideological Change." American Review of Politics 14 (July 1, 1993): 267–88. http://dx.doi.org/10.15763/issn.2374-7781.1993.14.0.267-288.
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After twelve years of Republican control of the executive branch, President Clinton is inheriting a judicial branch in which seventy percent of all judges have been appointed by Presidents Reagan and Bush. By all accounts, the cohort of judges appointed by Reagan and Bush has resulted in conservative decisions. The ability of President Clinton to reverse this trend is examined here by focusing on four factors: Clinton’s commitment to make ideologically-based appointments; the number of appointments Clinton will be able to make; Clinton’s political clout; and the judicial climate Clinton inherited. It concludes that Clinton will be able to appoint a substantial percentage of the federal judiciary in a first term of office, allowing him to have a sizeable impact on the future direction of the federal judiciary.
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Silvestre, Roberta De Miranda, and Gustavo Andrey De Almeida Lopes Fernandez. "Health judicialization: case study on judicial demands." Revista de Enfermagem UFPE on line 13, no. 3 (2019): 863. http://dx.doi.org/10.5205/1981-8963-v13i3a238962p863-874-2019.
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RESUMO Objetivo: analisar os casos de judicialização, e o impacto financeiro em atender às demandas judiciais e a falta de comunicação do Poder Judiciário com o Executivo. Método: trata-se de estudo qualitativo, de caso analítico, descritivo e retrospectivo em que se utilizou a metodologia de análise jurisprudencial tendo, como unidade de análises, cópias de inteiro teor de processos judiciais. Analisaram-se três casos de judicialização por demanda de fornecimento de fórmulas de alimentação infantil que ocorreram entre os anos 2013 a 2016. Resultados: identificou-se que o gestor tem um grande desafio em atender as demandas judiciais que não constam na Rename, é necessário implementar comitês municipais, estaduais para redução dos casos de judicialização, e possibilitar comunicação do Poder Judiciário com o Poder Executivo. Conclusão: evidenciou-se que, devido ao impacto financeiro, o município não conseguiria atender à demanda judicial nos anos 2013 e 2014 somente com essa receita, e, foi necessário o apoio da Prefeitura Municipal para atender aos mandados judiciais, pois, se houvesse comunicação do Judiciário com Executivo, ficaria claro que essas demandas deveriam ter sido atendidas pela Secretaria Estadual de Saúde. Destaca-se que esse fato não ocorreu e o município assumiu, durante o período determinado, as demandas judiciais. Descritores: Poder Executivo; Poder Judiciário; Saúde; Hipersensibilidade Alimentar; Gestão em Saúde; Assistência Farmacêutica.ABSTRACTObjective: to analyze the cases of judicialization, and the financial impact in meeting the judicial demands and the lack of communication of the Judiciary with the Executive. Method: this is a qualitative, analytical, descriptive and retrospective study in which the jurisprudential analysis methodology was used, having, as an analysis unit, copies of the entire content of legal proceedings. Three cases of prosecution for the supply of infant formula that occurred between 2013 to 2016 were analyzed. Results: it was identified that the manager has a great challenge in meeting the legal demands that are not included in Rename, it is necessary to implement municipal, state committees to reduce cases of judicialization, and enable communication of the Judiciary with the Executive Branch. Conclusion: it was evidenced that, due to the financial impact, the municipality would not be able to meet the judicial demand in the years 2013 and 2014 only with this revenue, and, it was necessary to have the support of the City Hall to comply with the court orders, because if there was communication of the Judiciary with the Executive, it would be clear that these demands should have been met by the State Department of Health. It should be noted that this fact did not occur and the municipality took over, during the determined period, the lawsuits. Descriptors: Executive; Judiciary; Health; Food Hypersensitivity; Pharmaceutical Services; Health Management. RESUMEN Objetivo: analizar los casos de judicialización, y el impacto financiero en atender las demandas judiciales y la falta de comunicación del Poder Judicial con el Ejecutivo. Método: se trata de un estudio cualitativo, de caso analítico, descriptivo y retrospectivo en que se utilizó la metodología de análisis jurisprudencial teniendo como unidad de análisis, copias de entero contenido de procesos judiciales. Se analizaron tres casos de judicialización por demanda de suministro de fórmulas de alimentación infantil que ocurrieron entre 2013 y 2016. Resultados: se identificó que el gestor tiene un gran desafío en atender las demandas judiciales que no constan en Rename, es necesario implementar comités municipales, estatales para reducir los casos de judicialización, y posibilitar comunicación del Poder Judicial con el Poder Ejecutivo. Conclusión: se evidenció que, debido al impacto financiero, el municipio no conseguía atender a la demanda judicial en los años 2013 y 2014 solamente con esa receta, y fue necesario el apoyo del Ayuntamiento Municipal para atender a los mandatos judiciales, pues, si hubiera comunicación del Judicial con el Ejecutivo, estaría claro que esas demandas deberían haber sido atendidas por la Secretaria Estadal de Salud. Se destaca que ese hecho no ocurrió y el municipio asumió, durante el período determinado, las demandas judiciales. Descriptores: Poder Ejecutivo; Poder Judicial; Salud; Hipersensibilidad a los Alimentos; Servicios Farmacéuticos; Gestión en Salud.
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Neitz, Michele Benedetto. "Ready or Not: How Congressional Dysfunction and Loper Bright Enterprises v. Raimondo will Shift U.S. Regulation of Emerging Technologies to the Federal Bench." SMU Law Review 78, no. 1 (2025): 119. https://doi.org/10.25172/smulr.78.1.5.
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This Article is the first in legal academic literature to consider how the power shift generated by Congressional dysfunction and the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will affect emerging technology law. Power is moving toward the judicial branch of government— and away from the legislative and executive branches. As a result, federal courts will now take a leading role in the evolution of emerging technology law in the United States. Unfortunately, the federal judiciary is not prepared for this new era. Drawing from the information processing theory, this Article explains why federal judges will be deciding complex and far-reaching cases without a deep understanding of the technologies underlying those cases. An overworked judiciary could create contradictory rulings, while the cost of compliance will increase and may lead to a wealth bias in favor of large technology companies. This situation will upset the delicate policy goal of protecting consumers while promoting innovation. But the solutions to these problems also lie in the judicial branch. This Article proposes the creation of a specialized “Tech Court” that would increase uniformity and predictability, promote judicial efficiency, and prevent forum shopping. The Article also proposes specific initiatives for improved judicial education and the installation of technology advisers in judicial chambers. In the end, this Article is a call to action: The federal judiciary must get prepared to lead in the post-Chevron era.
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Finkel, Jodi. "Judicial Reform as Insurance Policy: Mexico in the 1990s." Latin American Politics and Society 47, no. 1 (2005): 87–113. http://dx.doi.org/10.1111/j.1548-2456.2005.tb00302.x.
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AbstractAfter seven decades of Mexican judicial subordination, President Ernesto Zedillo in 1994 introduced judicial reforms that increased the independence and judicial review powers of the judicial branch. The willful creation of a judiciary capable of checking the power of the president and the ruling PRI appears to counter political logic; but it makes sense as a political “insurance policy” to protect the ruling party from its rivals. PRI politicians, newly unable to control political outcomes at state and local levels and unsure if they would continue to dominate the national government in the future, opted to empower the Mexican Supreme Court as a hedge against the loss of office. This article argues that the likelihood of the reforms' producing an empowered judiciary increases as the ruling party's probability of reelection declines.
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SVIRIN, Yury Alexandrovich, Vladimir Aleksandrovich GUREEV, Alexandr Anatolievich MOKHOV, Liudmila Valentinovna INOGAMOVA-KHEGAI, and Sergej Nikolaevich SHESTOV. "On Some Challenges Faced by the Judicial Power in the Russian Federation." Journal of Advanced Research in Law and Economics 9, no. 3 (2020): 1045. http://dx.doi.org/10.14505/jarle.v11.3(49).39.
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The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.
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Rachman, Irfan Nur. "Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice." Hasanuddin Law Review 5, no. 1 (2019): 86. http://dx.doi.org/10.20956/halrev.v5i1.1471.
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Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of recruitment of constitutional justices, and producing decisions containing new legal breakthroughs, so that will be realized a qualified judicial institution.
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Toshov, Ikromjon Murodilloevich. "LEGALITY OF GOVERNOR'S DECISIONS IS UNDER CONTROL. JUDICIAL CONTROL, TODAY'S AND FUTURE HISTORY ISSUES." Eurasian Journal of Academic Research 1, no. 7 (2021): 126–31. https://doi.org/10.5281/zenodo.5576501.
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Work is underway to ensure the full independence of the judiciary, which is an independent branch of government, in order to increase the confidence of our people in the judicial system, in this regard, some problematic issues arise regarding the balance of the principle of separation of the judiciary. powers
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Saunders, Cheryl. "Separation of Powers and the Judicial Branch." Judicial Review 11, no. 4 (2006): 337–47. http://dx.doi.org/10.1080/10854681.2006.11426498.
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Montalvo Martínez, José Alfonso, and Arturo Peláez Gálvez. "La dimensión humana : vértice de la impartición y administración de justicia." Estudios: filosofía, historia, letras 23, no. 152 (2025): 181. https://doi.org/10.5347/01856383.0152.000314792.
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This article examines the distinctive and binding features between the delivery and administration of justice from the human dimension that underlies them and discusses the impact that the procedural architecture imposes on the exercise of the judicial function in the case of the contemporary Mexican federal judiciary. Likewise, the pending agendas are reviewed, linked to the delivery and administration of justice based on the recent mutations of the institutional structure of the judicial branch in Mexico.
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Ukrainets, O. "Legitimacy of the judiciary: theoretical and methodological aspects of its assessment." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 342–47. http://dx.doi.org/10.24144/2307-3322.2023.78.2.55.
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The article examines the theoretical and methodological aspects of assessing the legitimacy of the judiciary, in particular in the context of the formation of relevant criteria.
 It was determined that the lack of legitimacy occurs only in the absence of legality, that is, in the case when judges or the court carry out their activities on illegal grounds or with a gross proven violation of the law. In all other cases, the degree of legitimacy of the judicial branch of government should be assessed, which in turn will open up new approaches and ways of improving the effectiveness of the organizational and legal support for the implementation of the judiciary.
 In addition, the activities of the judicial branch of government should be aimed at increasing the level of its own legitimacy, and therefore the trust of the society, because otherwise the resolution of legal conflicts will take place in another way, not by going to court , which reduces the authority of the state mechanism as a whole. Based on the analysis, it was determined that one of the criteria for the legitimacy of the judicial branch of government should be the quality of the judicial administration system, which is expressed in quite specific measures that would simplify access to the judiciary and monitoring the progress of its dispatch with the use of modern information and analytical technologies and tools.
 Conclusions were formed, which are that most of the analyzed modern approaches to the assessment of the legitimacy of the judiciary are related to the criteria for determining the quality of the administration of justice, which are scattered in various documents, in particular of the international level. As for the content of the criteria for such an assessment, the most common include: level of trust in the court; the quality of the judicial administration system; the level of satisfaction with the work of the court by the participants in the trial; conformity of court actions and decisions with legal norms; objectivity of the learning process, correctness of its result; independence and impartiality of the court during the resolution of legal cases, which is consistent with the observance of the relevant principles enshrined in the legislation.
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Yarema, O. G. "Theoretical research of the system-forming principles of the organization of the judicial proceedings in Ukraine." Uzhhorod National University Herald. Series: Law 3, no. 88 (2025): 387–92. https://doi.org/10.24144/2307-3322.2025.88.3.58.
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The article provides a theoretical and legal analysis of the system-forming principles of the organization of the judicial system. This will make it possible to study the mechanisms of the implementation of judicial power in the conditions of transformation of social relations. The object of research is judicial power in the system of social relations. The subject of the study is the functioning of the judiciary as an element of social relations that ensures social order in society. The methodological basis of the research is interdisciplinary, dialectical, comparative-historical, systemic, structural-functional and axiological approaches. It is noted that the judicial power is considered as a system of judicial power relations and connections between the bodies of the judicial power and the subjects of the law, with the help of which the law affects social relations in legal, axiological, socio-ethical, moral aspects, the main functions of which are stabilization, restoration, regulation of social relations. The principles are the basis of the organization and activity of the judiciary, and it itself participates in the formation of the structure and content as an independent power in the state, which has its own mechanism of legal influence on social relations. The principles of judicial power are divided into two groups: the general principles of the organization and operation of the court as a branch of state power (the principle of recognizing a person, his rights and freedoms as the highest value, the principle of legality); principles of the organization and functioning of the judicial power (constitutional principles of the judicial system, judicial procedure and the status of a judge). The leading principle in the complex of the basic principles of the organization and activity of the judiciary is the principle of independence. Independence implies external and internal autonomy with the possibility of self-sufficiency in all aspects of organization and activity, as a branch of state power. This requires its own range of powers, functions, resources, and its own system of bodies. The article reveals the essential characteristics of the system-forming principles of the judicial system - the unity of the judicial system, the independence of courts, the immutability and independence of judges. Their content and structure, as well as external and internal organizational and legal functions, were revealed.
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Śledzińska-Simon, Anna. "The Rise and Fall of Judicial Self-Government in Poland: On Judicial Reform Reversing Democratic Transition." German Law Journal 19, no. 7 (2018): 1839–70. http://dx.doi.org/10.1017/s2071832200023257.
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AbstractThis article argues that the establishment of the National Council of the Judiciary in 1989 and the empowerment of the general assemblies of court judges gave rise to the idea of judicial self-government in Poland. This very idea of self-government, implying that judges hold important decision-making or veto powers on matters concerning the judiciary, was regarded as a precondition of the separation of powers and judicial independence, neither of which existed under Communist rule. However, the package of laws introduced in 2017 marks the end of judicial self-government as we know it. Not only did it undermine the independence of the National Council of the Judiciary by altering the mode of electing its judicial members, but it also concentrated the power over the judiciary in the hands of the executive branch, allowing for, inter alia, the exchange of key positions in court administration and the reconfiguration of the Supreme Court. This article examines the impact of this “reform” on such values as independence, accountability, and transparency. Investigating the role of judicial self-government in ensuring the principle of separation of powers and democracy, the article concludes with an assessment of the early consequences of the introduced changes for the Polish judiciary.
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Baptista Caruso MacDonald, Paulo. "The Representative Role of the Judiciary in a Constitutional Democracy." DoisPontos 17, no. 2 (2024): 77–87. https://doi.org/10.5380/dp.v17i2.74190t.
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In a recent paper, Luís Roberto Barroso, a Brazilian Supreme Court Justice, sustained the exercise of a representative role by the judicial branch (precisely by constitutional courts), as a way to give voice to a majority will not captured by positive legal rules due to the distortions of the institutional mechanisms based on voting (elections and legislative process). This paper aims to investigate whether this claim is compatible with the notion of a constitutional democracy, taking into consideration both the possibility of gauging the empirical will of the majority apart from the institutional mechanisms based on voting and the role of the judicial branch in this kind of society. Finally, it suggests the possibility of acknowledging a representative role to the judiciary based on whatcan be argued to be the interest of the citizens of a constitutional democracy as such.
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Karypidou, Maria, Christina Kofidou, Dimitris Folinas, Dimitris Mylonas, and Zafeiro Fragkaki. "The current situation and the attitudes of judicial officials in Greece regarding their training needs." International Journal of Public Administration Studies 3, no. 2 (2024): 45. http://dx.doi.org/10.29103/ijpas.v3i2.13328.
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The education and training of the judiciary is an issue that concerns the quality and efficiency of the judicial system. The aim of this research is to investigate the current situation and attitudes of judicial officers of the criminal-civil courts, administrative courts, and prosecutors' offices in Greece regarding their training and education. They received this training both during their first period of appointment (introductory training) and during their period of service (continuing training). There is very little research on the training and education of judicial officials in Greece, which makes this research necessary. An online structured questionnaire, consisting of seven sections, was designed for the needs of the survey, which was answered by 273 respondents. The results of the survey indicate the absence of organized training by the judicial officers' branch, as well as the increase in the performance and effectiveness of judicial officers when they are trained. Finally, possible solutions and improvements for the education-training policy of judicial officials are proposed.
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Svitlychnyy, O. "PUBLIC ADMINISTRATION IN THE ACTIVITIES OF THE JUDICIAL BRANCH OF GOVERNMENT." Scientific Notes Series Law 1, no. 13 (2023): 219–22. http://dx.doi.org/10.36550/2522-9230-2022-13-219-222.
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In accordance with the current legislation of Ukraine, the state provides funding and appropriate conditions for the functioning of courts and the activities of judges, which provides for a separate determination in the State Budget of Ukraine of expenses for the maintenance of courts not lower than the level that ensures the possibility of full and independent administration of justice in accordance with the law. In Ukraine, there is a single system of ensuring the functioning of the judiciary - courts, bodies of judicial governance, other state bodies and institutions of the justice system. This means that the functioning of the judicial branch of power is impossible without the functioning of the system of authorized state bodies defined by laws and other legal acts, as well as other subjects when they exercise public-power management functions on the basis of legislation, including the implementation of delegated powers to carry out public administration, the purpose of which is the organization, coordination and practical activities of persons exercising administrative powers aimed at ensuring the proper functioning of the judiciary as a whole. For this purpose, the article analyzes the works of scientists who researched the issue of management relations and the activity of public court administration, as well as the provisions of the Laws of Ukraine «On the Judiciary and the Status of Judges», «On Civil Service», the Code of Administrative Procedure of Ukraine, which made it possible to clarify the circle of subjects of power and non-power authority, as well as to determine the system of ensuring the functioning of the judiciary. In view of the analyzed legislative and other regulatory legal acts, it is emphasized that in certain cases, subjects of public administration can also act as subjects of public administration. It was concluded that the organizational and administrative activities of public administration are carried out by a wide range of subjects of public administration, whose activities are regulated by laws and other normative legal acts and are aimed at effective support of the work of courts (judges).
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Krutii, Olena, and Svitlana Klimova. "The Mechanism of Interaction of the Judicial Authority of Ukraine with the Public." 1, no. 1 (September 7, 2023): 26–41. http://dx.doi.org/10.26565/1727-6667-2023-1-02.
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The current state of society is characterized by the expansion of the conflict space, the increase in tension in social relations between the judicial authorities and the public. It is precisely because of this that issues of improving the mechanism of interaction between judicial institutions and public associations and active citizens are being brought into focus. The purpose of this research is to substantiate theoretical and methodological principles and develop a mechanism of interaction between the judiciary of Ukraine and the public as a basis for making rational administrative decisions. The subject of the study is the relationship between judicial authorities and public associations and citizens regarding management decision-making. The object of the research is normative documents, recommendations and strategic documents regulating the issue of administrative decision-making in the judicial institutions of Ukraine, as well as academic publications and analytical reports on the issues, which are under consideration in this article. The research methodology combines a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, classification, etc. While processing the scientific sources and legislation in order to thoroughly study the subject of research, highlight its properties, the method of analysis was used. The article examines the mechanism of interaction between the judiciary and the public and establishes the elements of such a mechanism. Based on the analysis of normative-and-legal acts and the effectiveness of the activities of judicial authorities, strategies for the development of the judicial branch of government in Ukraine, the directions to improve the mechanism of interaction of citizens with the independent branch of government - the judiciary, with the aim of exerting their influence on the process of making administrative decisions - have been determined. The interaction of judicial authorities with the public is becoming more and more important every year, the influence of public opinion on administrative decisions is increasing, and because of this, the mechanism of such interaction is being improved and the state’s relations with the public are being reformatted, the gradual introduction of international standards and best practices of the Council of Europe and the European Union in system of justice and public administration of Ukraine. Mandatory elements of the mechanism of interaction of the judiciary with the public are not only the subject-object composition, but also the goals, principles, functions, forms of interaction, information and methods of its presentation, technologies and technical means. The task of the operation of such a mechanism is defined as ensuring the adoption of rational administrative decisions by the Higher Qualification Commission of Judges of Ukraine, the State Judicial Administration of Ukraine, court apparatuses and other institutions of the judicial branch of government in cooperation with the public. Taking into account the wide differentiation of interaction between various subjects of management in the sphere of justice, we consider it necessary to further define the types and forms of such interaction, which has not only methodological, but also practical significance, as it contributes to its normalization according to certain signs or criteria, which allows to effectively determine methods of its practical implementation. The improvement of the mechanism of interaction between the judiciary and the public is in: 1) reducing the number of conflicts and transferring interaction to the level of real and effective cooperation; 2) increasing the openness of the State Judicial Administration of Ukraine and court apparatuses, their readiness for dialogue with the public; 3) granting the Public Integrity Council more powers to influence the career of judges.
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Solomon, Peter H. "Transparency in the Work of Judicial Councils: The Experience of (East) European Countries." Review of Central and East European Law 43, no. 1 (2018): 43–62. http://dx.doi.org/10.1163/15730352-04301003.
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In many countries of Europe, including especially its Eastern part, in the 21st century judicial councils have replaced ministries of justice as the bodies that manage judicial careers and govern the judiciary. This model may enhance the autonomy of the judicial branch but also weaken its accountability and lead to judicial corporatism. One way to counter the negative trends is to enhance public accountability of judicial councils, by making the work of councils is open and visible. Not surprisingly, judicial reformers have made transparency into a key criterion for a successful judicial council, leading many countries to promote transparency in their judicial councils. This article evaluates this trend−by (1) providing cases studies of four judicial councils, those of Italy, Poland, Moldova, and Latvia; and (2) comparing the work of empowered judicial councils throughout Europe with regard to the openness of judicial disciplinary hearings and public sessions of judicial councils themselves. On this basis I argue that while legal requirements for transparency are becoming the norm, they do not necessarily make the work of judicial councils open, let alone produce public accountability. This outcome requires as well a genuine commitment of council members and staff to transparency arrangements, the cessation of resistance to such arrangements, and the provision of money and staff to support them.
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Runcheva Tasev, Hristina, Aneta Stojanovska-Stefanova, and Leposava Ognjanoska. "Legal and Judicial System Transformation in Transition Economy: The Macedonian Case." Res novae: revija za celovito znanost 7, no. 1 (2022): 126–53. http://dx.doi.org/10.62983/rn2865.22a.5.
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Economic growth and poverty reduction are highly dependent on the well-functioning legal and judicial institutions. Experience in transition countries suggests that the legal transition and economic performance go hand in hand in advancing results. The transition from socialism to capitalism in the Republic of North Macedonia has required fundamental reforms of legal and judicial institutions. The paper analyses the experience of the country in the legal and judicial institutions transformation, a long-term process that still has active and ongoing reforms. Despite the adoption of the structural preconditions for judicial independence (legal framework, judicial councils, and academies), political intervention, corruption and influence in judicial decisions are common and legal uncertainty remains. The authors explore the effects that the legal and judicial institutions’ transformation has on Macedonian economic development by drawing data from official sources/reports. The conclusions suggest that creating a well-defined judiciary system with enforcement ability should be a priority for the executive branch of the Macedonian government to achieve improved economic performance and functional market economy.
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Borodachev, P. A. "The formation of the judiciary independence in the Russian Empire (18th century — mid-19th century)." Russian Law Online, no. 4 (February 6, 2025): 31–36. https://doi.org/10.17803/2542-2472.2024.32.4.031-036.
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The paper, based on an analysis of the legislative acts of the Russian State, considers the historical and legal problem of the formation of an independent court as a separate branch of government in the system of the state apparatus of the Russian Empire and as the principle of ensuring the rule of law in the administration of justice. The period from the 18th century. until the first half of the 19th century. became key in the development of the judicial system of Russia, covering three significant stages, each of which introduced new procedures and principles that contribute to the improvement of justice. The first stage (the beginning of the 18th century — the third quarter of the 18th century) was characterized by the reforms aimed at separating judicial functions into a separate branch of government, which allowed the judicial system to become more independent from other elements of state power. This separation was an important step towards the formation of the principle of separation of powers that was necessary to ensure justice and legality. The second stage (the end of the 18th century — the first quarter of the 19th century) was marked by the formation of the fundamental principles of the image of an independent judiciary. The judicial system, based on the principles of legality, electability and humanism, has become an integral part of the State. At the third stage (the second quarter — the middle of the 19th century), an important aspect of the transformation was the emergence of specialized tribunals. Those changes also affected broader aspects of the judicial system aimed at strengthening its independence and effectiveness. The historical path traveled by the judicial system of the Russian Empire to independence in the 18th century — the middle of the 19th century laid the foundations for further changes in the country’s legal system, which ultimately contributed to the formation of a more humane and fairer judiciary. Elements of continuity of legislation found their way into the judicial reform of 1864.
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Patterson, I. "Judiciary Branch In BrazilAn Analysis Of Judicial Decisions Involving Etanercept, Infliximab And Adalimumab." Value in Health 17, no. 3 (2014): A235. http://dx.doi.org/10.1016/j.jval.2014.03.1372.
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Pechegina, Polina D., and Maria O. Diakonova. "Specialization of Judicial Activity in Foreign Legal Orders2." Russian Journal of Legal Studies (Moscow) 10, no. 2 (2023): 62–73. http://dx.doi.org/10.17816/rjls346670.
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The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.
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Gerber, Scott D. "THE ORIGINS OF AN INDEPENDENT JUDICIARY IN NEW YORK, 1621–1777." Social Philosophy and Policy 28, no. 1 (2010): 179–201. http://dx.doi.org/10.1017/s0265052510000099.
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AbstractArticle III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the Dutch period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review.
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Helgerman, Thomas. "The Fourth Branch of Government: How Direct Democracy is Altering the Structure of State Governments." Pitt Political Review 8, no. 1 (2011): 21–24. http://dx.doi.org/10.5195/ppr.2011.10.
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This paper aims to explore how direct democracy (i.e. the initiative and referendum) affect the balance of power in state governments. Traditionally, like the federal government, state governments consist of three branches: executive, legislative, and judicial. Due to a complex system of checks and balances, one branch cannot become too powerful, adhering to an anti-monarchy sentiment of the founders of the United States. In this set-up, the legislative branch is responsible for creating policy, the executive branch is responsible for implementing it, and the judicial branch is responsible for interpreting it. My thesis is that direct democracy, by allowing the populous to directly implement policy without bearing the responsibility for their actions as politicians do, undermines the legislative branch and therefore representative democracy itself, leading to irresponsible legislation that is not subject to the scrutiny of the United States political process.
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Parpinéli de Oliveira, Rafaela, and Fábio Ferreira Morong. "A DESJUDICIALIZAÇÃO E OS ATOS DE INVENTÁRIO E EUSUCAPIÃO EXTRAJUDICIAIS." Colloquium Socialis 2, Especial 2 (2018): 30–36. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0252.
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The Judicial Branch responds by slowness in its jurisdictional provision, either by the lack of structure or civil servants in general. In view of this, the transfer of some judicial acts such as divorce, inventory and usucapião for Extrajudicial Services was consolidated. The purpose of this paper is to understand and demonstrate the consequences of this transfer of competence from the Judiciary to the administrative sphere, explaining the idea of the adjudication or extrajudicialization, and pointing out its result, with special focus for the acts of inventory and usucapião. The present work used researches to the national legislation, sites of Judicial and Administrative bodies, opinions, votes, ordinances, provisions and opinions relevant in the subject of study, using the deductive method to structure the information obtained. It is concluded that these changes have provided certain benefits both to the population and to the Judiciary itself, contributing to the simplification and debureaucratization of the system
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Marković, Đorđe. "The struggle for independent judiciary in Serbia." Politička revija 82, no. 4 (2024): 11–33. https://doi.org/10.5937/pr82-54798.
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The citizens of the Republic of Serbia confirmed the constitutional amendments concerning the judiciary in a referendum held in January 2022. This constitutional change is part of a long-term struggle for an independent and professional judiciary in Serbia. The paper focuses on the procedure and conditions for the election of judges and the termination of judicial office. This research study incorporates several aspects of the de jure judicial independence initially developed by Melton and Ginsburg, later expanded upon in the Serbian context by Simović. The article employed a qualitative content analysis methodology of a wide array of credible data sources such as various constitutional and legal acts, academic publications, opinions from the Venice Commission, input from professional associations, and a historical approach to examining the development of judicial independence in Serbia. A chronological analysis of the most significant constitutional provisions addressing these issues, covering the period from the late 19th century to the present, is provided. Since 2002 it was first introduced, the High Judicial Council, as an independent body of judicial self-government, has undergone significant changes in composition and competencies several times. Inasmuch as Serbia is a candidate for EU membership, the domestic and European public are interested in the judiciary becoming the veritable third branch of government, efficient and reliable. Hence, the expectations concerning the constitutional reform are high.
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Orlovi´ć, Slobodan P. "Constitutional Issues of the Judicial Career in Western Balkan States (Serbia, Montenegro, Bosnia and Herzegovina, North Macedonia)." Central European Journal of Comparative Law 2, no. 1 (2021): 163–84. http://dx.doi.org/10.47078/2021.1.163-184.
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In all four states analysed in this study, the judiciary and judicial career have been undergoing years-long legislative changes, with this ‘reform’, however, still pending finalisation. Another common feature is the effort to take judicial career decision-making away from political factors and entrust it to independent authorities wherein judges have the final word. It is considered the attainment of the principles of independence and autonomy of the judicial branch of power. However, the adoption of legal acts over the past decade was not sufficient to achieve entirely objective elections and decisions on the promotion of judges. The reality in these states reveals that there are strong and, in numerous cases, decisive informal (political and interest) influences on judicial career development decisions. The author's basic assumption is that for the full effect of the adopted regulations to occur, it will take more time for the constitutional institutions to be strengthened, and the political awareness of citizens will increase.
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Scholten, Miroslava, Annabel Kingma, and Jorge G. Contreras Condezo. "Putting Dawn Raids under Control." Yearbook of Antitrust and Regulatory Studies 13, no. 22 (2020): 145–68. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.22.6.
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Dawn raids have become an effective tool to enforce EU and national competition laws. Judicial review is an essential mechanism of control over the executive branch against possible misuse of this power. However, this judicial review has shown to have limits; it cannot always guarantee an adequate redress for the affected parties. How to address the limited judicial review to ensure control over dawn raids? This article argues that the limits of judicial review could be addressed by extending the types of controls over this action, i.e. ex ante legislative guidance and internal managerial accountability. The more conceptual argument that this paper puts forward is thus that it is essential to seek connections between different concepts and types of controls to ensure a comprehensive/water-tight system of controls over the actions of the executive branch.
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Chandra, Prem, and Ashutosh Garg. "Judicial Accountability and Transparency in India: Flaws and Road Ahead." GLS Law Journal 3, no. 2 (2021): 79–86. http://dx.doi.org/10.69974/glslawjournal.v3i2.51.
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In a democratic system judiciary is very important organ for upholding and protecting the rights of the people. Not only an organ of judiciary is required but it is also very essential that this branch of government must be independent in its functioning. Independence is required to ensure the impartiality in decision making process. Without impartiality in the decision making process public cannot witness the sense justice. Along with the independence, judicial accountability and transparency is also necessary. In absence of judicial accountability, transparency and independence; justice will be an illusion for public. Justice is one of the most important objects of a democratic system. Justice is a major goal of law. Justice is very important for flourishing any democratic system because injustice with public ultimately leads to dissatisfaction, disaffection to government or ruler and results in revolt against State. Judicial independence cannot be isolated to the accountability for their work which judges carried out. Judges are also human being and they work under the human fallibilities. Judges cannot be exempted from the institutional supervisory mechanism. Judicial Independence seeks for adopting a proper mechanism for transparency and accountability.
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IVANYSHCHUK, A. "Peculiarities of methods of administrative coercion in the sphere of regulation of the judicial branch of government." INFORMATION AND LAW, no. 2(11) (January 10, 2014): 34–37. http://dx.doi.org/10.37750/2616-6798.2014.2(11).272498.
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Methods of administrative coercion in the field of the judiciary is a mental, moral, physical or organizational influence of special subjects public administration. First all of judicial administrator and staff of special police units for the protection of the courts. It is used concerning various objects of public administration against their will. The aim is to ensure the independence and integrity of judges, the functioning of the judiciary as a whole.
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Ochieng, Walter Khobe. "Separation of Powers in Judicial Enforcement of Governmental Ethics in Kenya and South Africa." Kabarak Journal of Law and Ethics 3, no. 1 (2022): 37–67. http://dx.doi.org/10.58216/kjle.v3i1.158.
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The Kenyan Constitution, 2010 and the 1996 South African Constitution prescribe eligibility criteria for appointment into public office. The courts in both countries have been vested with the role of policing the boundaries of constitutionality of the exercise of power by the other arms of government. This mandates courts to ascertain whether an appointment by the executive branch meets the constitutionally prescribed threshold. The power of judicial review of appointments by the executive branch has brought the question of separation of powers between the judiciary and the executive into sharp relief. This paper discusses the separation and intertwining of powers between these two branches of government in the context of their respective roles in public appointments.
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Boyd, Christina L. "Representation on the Courts? The Effects of Trial Judges’ Sex and Race." Political Research Quarterly 69, no. 4 (2016): 788–99. http://dx.doi.org/10.1177/1065912916663653.
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Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential, no consensus exists for whether judicial diversity affects behavior in trial courts—that is, the stage where the vast majority of litigants interact with the judicial branch. After addressing the research design limitations in previous trial court-diversity studies, the results here indicate that a trial judge’s sex and race have very large effects on his or her decision making. These results have important implications for how we view diversity throughout the judiciary and are particularly timely given the Obama Administration’s over 200 female and minority appointments to the federal trial courts.
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Laidler, Paweł. "Judicial activism and the American election process." Politologia 2 (November 27, 2020): 5–36. http://dx.doi.org/10.21697/p.7281.
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This article analyses the phenomenon of judicial activism in the American electoral process. It tries to estimate whether the political system of the United States of America has become hostage to the law-making role of the judiciary, which actively controls the compliance of election laws with the Constitution, thus drawing courts into purely political processes, or whether the nature of the disputes settled by judges rather makes it impossible for them to avoid being influenced by and influencing issues of a political nature. The article analyses various legal acts and court decisions, mostly concerning the current status of federal campaign finance in the United States, and demonstrates that more spheres traditionally reserved for other branches of government are being appropriated by the judicial branch.
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Awawda, Osayd. "Assessment of De Jure Judicial Independence of Constitutional Courts According to International Guidelines." Constitutional Review 10, no. 1 (2024): 202. http://dx.doi.org/10.31078/consrev1017.
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Judicial independence of constitutional courts is of paramount importance because it upholds the rule of law, protects individual rights, and maintains checks and balances in a democracy. Moreover, it ensures impartiality, prevents the abuse of power, and fosters public trust in the legal system. By interpreting and applying the law without external influence, an independent judiciary safeguards the principles of justice and democratic governance. This Article provides criteria for assessing de jure judicial independence of constitutional courts according to four renowned international documents that set normative standards for protecting judicial independence. These four documents are synthesises the literature about the definition of judicial independence, particularly in the context of constitutional courts, and analyses four international guidelines that set essential standards for protecting the independence of the judiciary. These four guidelines are: Basic Principles on the Independence of the Judiciary by the UN,1 Report of the Special Rapporteur on the Independence of Judges and Lawyers,2 the Universal Charter of the Judges,3 and International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors.4 Using conceptual and doctrinal analysis, this Article identifies three key elements of de jure judicial independence: personal, institutional, and procedural. It also establishes practical criteria to evaluate whether the laws governing a specific constitutional court uphold or undermine its de jure judicial independence. Importantly, it is crucial to distinguish between de jure and de facto judicial independence because merely enacting constitutional provisions and laws to safeguard the judiciary does not automatically guarantee an independent judiciary in practice. The discussion of these principles highlights how personal, institutional, and procedural independence can be established and preserved within the courts. This Article concludes that the common purpose of these principles is to protect judges from unwarranted interference, especially from the executive branch. Among the various principles, the most crucial ones were found to be independent judicial appointment procedures and ensuring judges’ tenure is protected against retaliatory actions by the governing regime.
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Momot, Yuriy. "Judicial lawmaking: a conceptual exploration." Visegrad Journal on Human Rights, no. 1 (May 6, 2024): 64–69. http://dx.doi.org/10.61345/1339-7915.2024.1.10.
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The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch. The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development. The results of the study underscore the nuanced role of Ukraine’s courts in the legal landscape. While Ukrainian courts face limitations in directly creating new legal norms, the research reveals their substantial impact on legal evolution through judicial interpretation and the establishment of precedents. One key finding is the significant influence of judicial decisions on shaping legal practice in Ukraine. Through their interpretations of existing laws and legal principles, courts contribute significantly to the development of legal norms and standards. This process not only clarifies legal ambiguities but also ensures consistency and coherence in legal principles applied in various judicial proceedings. The study also emphasizes the importance of precedents set by Ukrainian courts. By establishing precedents, courts provide guidance for future legal cases and contribute to the predictability and stability of the legal system. This aspect is crucial for legal practitioners, scholars, and the public in understanding the application of laws and legal principles in different contexts. Conclusions drawn from the study emphasize that Ukraine has a legal system where the legislative branch plays a predominant role in shaping and changing legal norms. The courts in Ukraine have limited authority in creating new norms, as their main task is to apply and interpret existing legislation to specific situations that arise in society. However, it should be noted that courts can influence legal development through judicial interpretation and establishing precedents. When a court decides on an issue that does not have a clear solution in the law, it can establish a new precedent that can then be used for similar cases in the future. This contributes to the development of legal practice and the establishment of stable and consistent principles of judicial decision-making. Therefore, although courts in Ukraine do not have as significant an impact on law formation as the legislative branch, they can still contribute to the development of the legal system through judicial interpretation and establishing precedents.
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Koldashov, Arthur, and Darya Hroza. "Judicial activism in Ukraine: advantages, risks and legal boundaries." Law and innovations, no. 4 (48) (December 12, 2024): 56–61. https://doi.org/10.37772/2518-1718-2024-4(48)-7.
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Problem setting. The problem of judicial activism in Ukraine is complex and multifaceted, as it touches on the fundamental principles of the legal system and the functioning of the judicial branch of power. Judicial activism implies that judges can go beyond the traditional role of an arbitrator and actively intervene in lawmaking by interpreting laws or even creating new norms. Such an approach can have both positive consequences, in particular, in cases where the legislative branch does not provide proper legal regulation, and serious risks to law and order and constitutional stability. The main problem is to determine the limits of permissible judicial activism in order to avoid situations where courts exceed their powers, creating a threat to the principle of separation of powers. Such a situation can lead to the usurpation of power by the judicial branch and a violation of the balance between the judicial, legislative and executive branches of power. On the other hand, the passivity of the judiciary can also become a problem when the legislator or the executive branch does not have time to respond to social challenges. So, the question arises: what are the legal limits of judicial activism in Ukraine? How to ensure a balance between the need for active interpretation of the law and compliance with the principle of the rule of law, while avoiding excessive interference of the courts in the sphere of lawmaking? The answer to this question is important not only for theoretical research, but also for the practice of law enforcement, since it has a direct impact on the quality of justice, the protection of citizens' rights and freedoms, and the stability of the legal system of Ukraine. Analysis of recent research and publications. The study of judicial activism in Ukraine has been the subject of attention of such scholars as Vatamanyuk A., Goncharov V., Kozyubra M., Letnyanchyn L., Sydorovych R., Shevchuk S., and others. Purpose of research is to analyze judicial activism, its advantages and risks. The task of the scientific research is to analyze the emergence of judicial activism and its characteristics as such. Article’s main body. Judicial activism, in such a context, raises serious questions about whether it complies with the principles of separation of powers and whether it threatens the stability of the constitutional order. The article reveals the essence of judicial activism through the analysis of its origins, modern approaches to this phenomenon and its various forms. The causes of judicial activity, which can have both positive and negative consequences, are discussed separately. The author tries to classify different types of judicial activism, considering in detail their advantages and disadvantages. In particular, the problem of whether judges should engage in "lawmaking from scratch" is highlighted, creating new legal norms based on their own interpretation of the law and their own understanding of legal principles, which is extremely relevant, since the judicial system, on the one hand, is designed to protect the rights and freedoms of citizens but on the other hand, it should not go beyond its powers, replacing the legislative power. The author pays special attention to the analysis of Ukrainian realities, citing specific examples of judicial practice that illustrate manifestations of judicial activism in the national context. The article raises the question of whether judicial activism is justified and appropriate within the Ukrainian legal system, or whether it, on the contrary, can lead to the threat of destabilization of the legal order. Special attention was paid to the position of judge V.V. Lemak, who emphasizes the need for a balance between the active role of the court in protecting the rights of citizens and compliance with the principle of separation of powers. The author believes that judicial law-making is of crucial importance for the development of the legal system, because it allows the court to respond to the challenges of modernity, while preserving the foundations of legal stability. Conclusions and prospects for development. This article analyzes the role of judges in shaping the legal system and the impact of their decisions on society. It helps to understand how judicial activism can contribute to the development of law, ensuring the protection of human rights and adapting legislation to modern challenges. At the same time, the article highlights the potential risks associated with judges exceeding their powers, which can lead to a violation of the principle of separation of powers. In addition, it outlines the legal boundaries within which judicial activism can be effective and legitimate. This makes the article a valuable source for lawyers, scholars, and politicians interested in issues of judicial reform and law enforcement in Ukraine.
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Voitenko, Bohdan. "SCIENTIFIC APPROACHES TO THE DEFINITION AND ESSENCE OF JUDICIAL POWER." Modern scientific journal 4, no. 2 (2024): 7–12. http://dx.doi.org/10.36994/2786-9008-2024-4-1.
Full textAbstract:
This article is devoted to the analysis of modern scientific approaches to the definition and understanding of the essence of judicial power. It considers key issues related to the definition of the judiciary, ensuring its independence, interaction with other branches of government, as well as issues of transparencyand accountability. Special attention is paid to the role of the judiciary in the protection of human rights and its evolution under the influence of historical, social and political factors. The scientific sources were analyzed, which indicated the reasoning of the first thinkers regarding the distribution of power, which created the theory of the distribution of power, where he distinguished legislative, executive and federal power (that is, the power of the state in the international arena), and did not mention anything in his writings specifically about the judicial power. It was determined that the judiciary has become a full-fledged branch in the system of distribution of power. In the legal literature, it is widely known that the main direction of the activity of the judiciary is to ensure the implementation of justice by the courts, that is, the decision on the basis of the current law with the application of a special procedural form of specific cases and disputes that arise as a result of various conflicts in society between people, between a person and the state, etc.It was determined that judicial power as a specific branch of state power is exercised by authorized bodies (courts), the purpose of which is to resolve all legal conflicts arising in society, and its characteristic features include independence, autonomy, separation, exclusivity and rule of law. Areas of exercise of judicialpower are highlighted: protection of rights and legitimate interests of citizens; protection of law and order from criminal and other offenses; control over the fact that the activities of state bodies do not go beyond the legal limits.
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Yevdokimova, O. P. "Analysis of the state of functioning and perspectives of the reform of the supreme council of justice." Uzhhorod National University Herald. Series: Law 3, no. 82 (2024): 164–70. http://dx.doi.org/10.24144/2307-3322.2024.82.3.27.
Full textAbstract:
The Supreme Council of Justice, which replaced the Supreme Council of Justice, plays a rather serious and important role in the formation of the judicial corps, the appointment and dismissal of judges, as well as in their disciplinary responsibility. Accordingly, it can be argued that ensuring the independence of the judicial branch of government and expanding access to fair justice for everyone is closely related to the effective functioning of the Supreme Council of Justice, or the Supreme Council of Justice. If we turn to the history, the history of the creation of such a body in Ukraine, then we should start from 1998, since it was then that the High Council of Justice was formed, which determined the path of development of the judicial system. The creation of such a step was quite a powerful jerk of our judicial system. However, despite a rather positive goal, there were a number of shortcomings in the High Council of Justice, which led to the need for reform, which began in 2015, as part of a large-scale judicial reform, which in turn was aimed at improving Ukraine’s compliance, especially in the field of justice , to European standards. The changes that occurred in the Constitution of Ukraine, introduced back in 2015, made it possible to foresee the creation of the High Council of Justice, which precisely increased the requirements for judges and the optimization of the judicial system. The purpose of this organization was aimed at strengthening the independence of the judicial branch of government, thereby making it more transparent and accessible to citizens, increasing their trust. Therefore, it can be argued that the Supreme Council of Justice acts as a key body responsible for reforming and proper functioning of the renewed judicial system of Ukraine. Further efforts should be aimed at strengthening independence and increasing the efficiency of its activities, both in the interests of Ukrainian society and the state. Only in the presence of institutional capacity and public trust will the High Council of Justice be able to properly ensure the formation of an independent and professional judicial corps, guarantee the independence of judges by supervising them, observe rights and freedoms, help reform the judicial system (improve the judiciary), overcoming various gaps in it, and also strengthen international cooperation and European integration.