Relevant bibliographies by topics / Judicial notice (Canon law)

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Academic literature on the topic 'Judicial notice (Canon law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

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Journal articles on the topic "Judicial notice (Canon law)"

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Primus, Richard A. "Canon, Anti-Canon, and Judicial Dissent." Duke Law Journal 48, no. 2 (November 1998): 243. http://dx.doi.org/10.2307/1373107.

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Hoey, Megan. "The High Court and Judicial Notice." Alternative Law Journal 27, no. 3 (June 2002): 130–32. http://dx.doi.org/10.1177/1037969x0202700306.

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Traslosheros, Jorge E. "Introduction: Canon Law and its Practice in Colonial Latin America." Americas 73, no. 1 (January 2016): 3–11. http://dx.doi.org/10.1017/tam.2016.1.

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The three papers included here, written by Ana de Zaballa, Pilar Latasa, and Gabriela Ramos, constitute a highly professional effort within the study of canon law in colonial Spanish America. These papers allow us to perceive how closely linked pastoral concerns, legal imagination, and judicial practices were during that period. To fully appreciate the importance of these four investigations, we must first briefly lay out the current state of academic studies in canon law in “las Indias Occidentales,” what today is generally called viceregal or colonial Spanish America.
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Zejnullahu, MSc Njomëza. "Judicial Institutions in Albanian Customary Law and in Comparison with Modern Law (The Canon of Lekë Dukagjini)." ILIRIA International Review 5, no. 2 (December 31, 2015): 151. http://dx.doi.org/10.21113/iir.v5i2.86.

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This article compares judicial institutions of customary law and modern law. There are many discussions between authors regarding the relation between customary and modern law, specifically the impact of customary law in modern law. The role of the customary law is of crucial importance especially its impact in the positive law of the country. Although, the customary law was practiced years ago, similarities with current positive law are obvious. Many of the judicial institutions in Albanian customary law can be compared with similar ones in modern law, but is also crucial to identify differences between them. Main judicial institutions that served as enforcement mechanisms in Albanian customary law are identified in this article in comparison with respective institutions of modern law. In addition, it is important to view and analyse customary law in regard to its power as governing law in a given period. In this regard, an analysis of the Albanian customary law in view of Hart’s rule of recognition is provided.
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Baker, J. H. "Famous English Canon Lawyers II." Ecclesiastical Law Journal 1, no. 4 (January 1989): 8–11. http://dx.doi.org/10.1017/s0956618x00007201.

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The subject of our second essay provides an interesting contrast with Bishop Bateman: equally learned in the law, he chose the humble life of a parish priest rather than the authority of judicial or episcopal office or the bustle of Avignon. Despite the distinction of his writing, none of his larger works have ever been printed in full, and he was widely forgotten in the age of the printing press. His position as a major canonist is largely the consequence of a modern rediscovery by Fr Boyle, O.P., on whose work this essay is based.
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Kelly, Henry Ansgar. "Judicial Torture in Canon Law and Church Tribunals: From Gratian to Galileo." Catholic Historical Review 101, no. 4 (2015): 754–93. http://dx.doi.org/10.1353/cat.2015.0261.

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Shannon, Kirk G. "PASSING THE POISONED CHALICE: JUDICIAL NOTICE OF GENOCIDE BY THE ICTR." Revue québécoise de droit international 19, no. 2 (2006): 95. http://dx.doi.org/10.7202/1069107ar.

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Read, Gordon. "The Catholic Tribunal System in the British Isles." Ecclesiastical Law Journal 2, no. 9 (July 1991): 213–21. http://dx.doi.org/10.1017/s0956618x00001216.

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“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.
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van Ert, Gibran. "Judicial Notice and Reception Theory: Thoughts on the Contribution of Ronald St. John Macdonald." Canadian Yearbook of international Law/Annuaire canadien de droit international 40 (2003): 251–64. http://dx.doi.org/10.1017/s0069005800008043.

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SummaryOn the occasion of a conference in honour of Ronald St. John Macdonald, the author revisits Macdonald’s important 1974 article “The Relationship between International Law and Domestic Law in Canada.” Macdonald’s discussion of the judicial notice of international law by Canadian courts is considered in light of recent case law. In particular, the practice of international lawyers giving expert evidence on international law is criticized as inconsistent with the doctrine of judicial notice. Finally, the author reflects on Macdonald’s view that a theoretical framework is needed to explain the reception of international law in the law of Canada
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Drummond, Susan G. "Judicial Notice: The Very Texture of Legal Reasoning." Canadian journal of law and society 15, no. 1 (April 2000): 1–37. http://dx.doi.org/10.1017/s0829320100006189.

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AbstractThe doctrine of judicial notice has been gaining attention in Canadian jurisprudence. This article begins with an examination of how the doctrine has been recently used in areas such as family law to bring a diversity of community interests into the legal decision-making process. The history of the doctrine in American and Canadian jurisprudence is reviewed along with its principal characterizations in the works of Thayer, Morgan, and Davis. The article goes on to uncover several epistemological problems to which the doctrine is prone and proposes a means of getting out of these philosophical dilemmas while keeping the integrity of the doctrine intact. The article concludes by alluding to the communitarian uses to which the doctrine might be put.
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Dissertations / Theses on the topic "Judicial notice (Canon law)"

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Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.

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Cochran, Patricia. "Taking notice: judicial notice and practices of judgment in anti-poverty litigation." Thesis, 2006. http://hdl.handle.net/1828/2207.

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This thesis explores the doctrine of judicial notice, particularly as it applies in the context of anti-poverty litigation. I invoke a theory of judgment which centres valid judgment on the practice of an "enlarged mentality." I argue for an interpretation of judicial notice that can assist judges to approach their task in this way. First, judicial notice should be animated by the fundamental principles of the legal system. including equality. Second, judicial notice must be attentive to the different kinds of "facts" that could be subject to notice, and the criteria for notice that are appropriate in each case. Third. judicial notice requires an active posture on behalf of judges, which finds support in legal norms about impartiality and the duty to give reasons. Finally, judicial notice requires judges to be actively attentive to the content of their own common sense.
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Mutabazi, Etienne. "The International Criminal Tribunal for Rwanda's approach to serious violations of humanitarian law." Diss., 2005. http://hdl.handle.net/10500/1472.

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On October 1, 1990 the Rwandan Patriotic Front launched a war from and with the support of the Republic of Uganda against Rwanda. This war was accompanied by unspeakable violations of International Humanitarian Law. Both conflicting parties violated the basic rules protecting the civilian population in situations of armed conflicts. The United Nations Security Council, acting under Chapter VII of its Charter, passed resolution 955 of November 8, 1994 establishing the International Criminal Tribunal for Rwanda to prosecute alleged responsible of such violations. This study investigates the background of the ICTR and questions the nature of the conflict that prompted the Security Council to establish another ad hoc international criminal tribunal after the one established for the former Yugoslavia. It further inquires into its jurisprudence and reflects critically on the ICTR's approach to serious violations of IHL under Article 3 Common to the Geneva Conventions and Additional Protocol II.
Jurisprudence
LL. M. (Law)
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Mutabazi, Etienne. "The United Nations ad hoc Tribunals' effectivenesss in prosecuting international crimes." Thesis, 2014. http://hdl.handle.net/10500/14130.

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During the 1990s Yugoslavia and Rwanda were swept by wars accompanied by serious violations of international humanitarian law. Grave and severe crimes wiped away lives and destroyed properties. The United Nations Security Council determined that the violations committed constituted threats to international peace and security, declaring itself empowered to take action. It established international ad hoc criminal tribunals for Yugoslavia and Rwanda with the mandate of prosecuting individuals responsible for those crimes as an enforcement measure under Chapter VII of the United Nations Charter. Investigating the tribunals’ effectiveness enables one to assess whether they achieved the anticipated outcomes based on the tribunals’ mission, goals, and objectives without creating other problems. The research relies on naturalism and positivism to put the tribunals in a moral and ethical perspective. By examining how the tribunals were established, their objectives, the investigation and prosecution processes, the reliance on guilty plea and judicial notice and the imputation of criminal responsibility by applying joint criminal enterprise and command responsibility doctrines; the study argues that prosecution has not been an effective tool as contemplated by the Security Council. An analytical and comparative review of various domestic and international legal resources helped to provide an insightful approach for an effective prosecution of international crimes. Credible, legitimate and legal judicial institutions in which professional judges and prosecutors discharge their function independently, impartially and are accountable may achieve justice for the victims of international crimes. Ad hoc tribunals failed to thoroughly investigate and assume the dual role of prosecution. They conveniently used legal procedural tools that fit petty domestic crimes; unfortunately demeaning the magnitude of international crimes of concern. Criminal responsibility was mostly imputed without properly scrutinising the legality, extent, actual participation and guilty mind of the alleged perpetrators. Effectiveness should be a value assessment. Imposed and overburdened ad hoc tribunals are inappropriate and should be abandoned.
Public, Constitutional, & International
LLD
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Troup, Tomáš. "L'expérience comme mode de détermination des faits dans le procès civil." Thèse, 2008. http://hdl.handle.net/1866/3645.

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L'utilisation de l'expérience comme un mode de détermination des faits, c'est-à-dire comme un élément qui comble les lacunes dans l'ensemble des éléments de preuve dans le procès civil, est un thème quelque peu tabou. La doctrine est souvent basée sur la prémisse voulant que le décideur rende une décision uniquement en vertu des éléments de preuve et qu'il doit absolument s'abstenir d'insérer aux constatations quoi que ce soit qui n'est pas présent dans les éléments de preuve. Cette vision est éloignée de la réalité juridique. Dans la première partie, nous allons aborder les principes procéduraux qui empêchent l'utilisation de l'expérience comme mode de détermination des faits. Ce sont le principe de la reconstruction de l'événement du passé, le principe de l'abstraction des connaissances acquises hors du procès et le principe de l'exclusion de la preuve par ouï-dire. Ensuite, nous portons notre attention sur les différents types d'expérience, c'est-à-dire l'expérience profane, divisible en bon sens et sens commun, et l'expérience scientifique, ainsi sur leurs modes de fonctionnement dans le procès civil. La première partie se termine par une brève confrontation des différents types d'expérience avec les principes procéduraux. La deuxième partie est consacré à l'analyse de l'expérience dans trois instruments juridiques: la connaissance d'office, la présomption de fait et le témoignage d'expert. Nous nous intéressons principalement à vérifier si l'expérience fonctionne à l'intérieur de ces instruments juridiques comme mode de détermination des faits et ensuite quelles sont les limites que le droit pose à l'expérience dans ce rôle. L'analyse va confirmer que le principal instrument par lequel l'expérience comme mode de détermination des faits pénètre dans le procès civil est la présomption de fait.
The theme of the use of experience as a mode of fact findings, i.e. as an element which fills the gaps in a totality of evidence in the civil procedure, is somewhat tabooed. The doctrine is frequently based upon the premise that a decision-maker should render a decision solely on the basis of evidence and that he should completely abstain from inserting into the fact findings anything which is not present in the evidence. This vision is distant from the legal reality. In the first part, three procedural principles which prevent the experience from the use as a mode of fact findings will be treated. The principles in question are the principle of reconstruction of the past event, the principle of setting aside the knowledge obtained out of the procedure and the principle of exclusion of hearsay evidence. Then the attention is paid to different types of experience (i.e. the lay experience, divisible into "bon sens" and into common sense, and the scientific experience) and to the methods of their fonctionning in the civil procedure. The first part is concluded by a brief confrontation of different types of experience with the procedural principles. The second part is dedicated to an analysis of the experience in the three legal instruments: judicial notice, presumption of fact and expert testimony. The interest is focused especially on verification whether the experience works inside the legal instruments as a mode of facts findings and then what are the limits which the law fixes to the experience in this role. The research will confirm that the principal instrument by which the experience as a mode of fact findings penetrates into the civil procedure is the presumption of fact.
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Books on the topic "Judicial notice (Canon law)"

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Nwagwu, Mary Gerard Anna. Judicial and administrative processes in the church: Certain special processes. Port Harcourt: Catholic Institute of West Africa, 2004.

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New Zealand. Law Commission. Evidence law: Documentary evidence and judicial notice : a discussion paper. Wellington, N.Z: LawCommission, 1994.

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Commission, New Zealand Law. Evidence law: Documentary evidence and judicial notice : a discussion paper. Wellington, N.Z: Law Commission, 1994.

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Society, Canadian Canon Law. Judicial decrees and other "acta processus" in a marriage nullity case. Ottawa: The Society, 1988.

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Donzallaz, Yves. La notification en droit interne suisse. Berne: Stæmpfli, 2002.

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Die Subsumtion ausländischer Rechtstatsachen: Unter besonderer Berücksichtigung der Erfüllbarkeit der deutschen Geschäftsform im Ausland sowie der Substitution gerichtlicher Rechtsverfolgungsmassnahmen ... Berlin: Duncker & Humblot, 1997.

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Swist, Grzegorz. La discrezionalità del giudice nell'applicazione delle pene nel processo penale canonico. Roma: Pontificia studiorum universitas a S. ThomaAq. in Urbe, 2002.

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Galla, Robert. La discrezionalità del giudice nell'applicazione delle pene canoniche. Roma: Pontificia universitasLateranense, 2005.

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Douchy, Mélina. Transmission, signification ou notification des actes: Les droits du requérant et du destinataire, aspects de droit interne, communautaire et international. Paris: Litec, 2002.

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Ndosimau, Julien Yunga. Les actes judiciaires dans la structure de la certitude morale à la lumière de l'art. 247 de la Dignitas Connubii. Kinshasa: Médiaspaul, 2011.

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Book chapters on the topic "Judicial notice (Canon law)"

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Kahn, Robert A. "Adversarialism, Inquisitorialism, and Judicial Notice." In Holocaust Denial and the Law, 13–44. New York: Palgrave Macmillan US, 2004. http://dx.doi.org/10.1057/9781403980502_2.

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Young, Michael K. "Judicial Review of Administrative Guidance: Governmentally Encouraged Consensual Dispute Resolution in Japan." In The Law and Society Canon, 515–75. Routledge, 2018. http://dx.doi.org/10.4324/9781351126670-17.

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"Wesley Hohfeld, “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning,” 23 Yale Law Journal 16 (1913)." In The Canon of American Legal Thought, 45–82. Princeton University Press, 2007. http://dx.doi.org/10.1515/9780691186429-004.

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Morton, James. "The Secular Church and the Laity." In Byzantine Religious Law in Medieval Italy, 139–54. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198861140.003.0008.

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Chapter 7 examines the surviving evidence for nomocanon use among the secular (i.e. non-monastic) church and lay officials under Norman rule. While far fewer manuscripts survive from these circles than from monasteries, it is nonetheless clear that nomocanons continued to be used not only by Greek bishops but even by lay judges and notaries. The chapter begins with an examination of the Italo-Greek episcopate, highlighting the significance of the bishop’s judicial role in the Byzantine church and the lack of evidence for any kind of influence of Latin canon law on the nomocanons of Greek bishops of southern Italy in the twelfth century. It then discusses two fascinating twelfth-century nomocanons: the Epitome Marciana from southern Calabria and the ‘Nomocanon of Doxapatres’ from Rossano. The manuscripts provide decisive evidence that Greek lay judges in the Norman kingdom played a role in the administration of ecclesiastical justice, relying entirely on Byzantine legal sources. In some cases, as in Rossano, Greek aristocratic families would dominate both the archiepiscopal and civil judicial offices, with the result that the family would possess multiple manuscripts of Byzantine civil and canon law.
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"Decision on the Prosecution Motion for Judicial Notice and Admission of Evidence, 25 October 2005." In The Law Reports of the Special Court for Sierra Leone (2 vols.), 633–49. Brill | Nijhoff, 2012. http://dx.doi.org/10.1163/9789004223981_068.

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Keane, Adrian, and Paul McKeown. "4. Proof of facts without evidence." In The Modern Law of Evidence, 98–125. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848486.003.0004.

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Facts in issue and relevant facts are treated as established by the courts only insofar as they are proved by evidence. This chapter discusses three exceptions to this general rule: (i) some facts may be presumed in a party’s favour in the absence of proof or complete proof, including marriage, legitimacy, death, the regular and proper performance of public or official acts, sanity, and negligence; (ii) a fact will be treated as established where the court takes judicial notice of it either (a) without enquiry, in the case of facts that are beyond serious dispute, notorious or of common knowledge or (b) after enquiry (usually political facts, customs, professional practices and historical and geographical facts); and (iii) a fact ceases to be in issue when a party has formally admitted it.
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Webley, Lisa, and Harriet Samuels. "18. Procedural Impropriety." In Complete Public Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198798064.003.0018.

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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.
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Webley, Lisa, and Harriet Samuels. "18. Procedural Impropriety." In Complete Public Law, 601–52. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853183.003.0018.

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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’ because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.
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Brown, Chester. "Aspects of Evidence in International Adjudication." In A Common Law of International Adjudication, 83–118. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199206506.003.0004.

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This chapter examines whether commonalities exist in the rules of evidence applied by different international courts and tribunals. It begins by considering the sources of rules of evidence in international law. These are the constitutive instruments of international courts, rules of procedure, general principles of law, and inherent powers. It then selects a number of evidential issues, being the admission of evidence, the burden of proof, and the standard of proof, and reviews whether international courts adopt similar approaches. The chapter then turns to an examination of the evidence-gathering powers of international courts, such as taking judicial notice of facts, ordering the production of evidence, making site visits, and ordering expert reports. The practice of international courts generally indicates a common approach to these issues, although the application of the rules is not completely consistent.
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"Spain." In Rescue of Business in Europe. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198826521.003.0039.

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In our opinion, the three possible proceedings established by Spanish law (namely 5bis Notice, the Judicial Homologation Process and Out-of-Court Agreement) facilitate the resolution of the restructuring of assets and the financial distress of a business debtor, even in the pre-insolvency phase.
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