Academic literature on the topic 'Judicial system Court administration'
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Journal articles on the topic "Judicial system Court administration"
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Sen, Samudra. "Indian Judiciary Imprisoned: An Integrated AHP–TOPSIS Approach to Judicial Productivity." Global Business Review 21, no. 2 (May 1, 2018): 586–603. http://dx.doi.org/10.1177/0972150918765319.
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Many countries around the world have a large number of cases pending in their courts for long years. Research has been conducted on the productivity of courts and judicial systems around the world. Different methodologies have been employed in evaluating the productivity of judicial systems. Indian courts are also in a sorry state due to huge backlog of cases pending in courts. However, for India, though there are many papers on the state of judicial system suggesting ways to clear this backlog, there is hardly any research on courts’ productivity. This article addresses this research gap using an integrated analytic hierarchy process (AHP) and technique of order of preference by similarity to ideal solution (TOPSIS) approach in evaluating court productivity in India. Data pertaining to the Supreme Court and the High Courts in India have been evaluated to rank the courts in order of their productivity. Performance of the courts has also been evaluated on the basis of a few established judicial indices. It is revealed that judges’ productivity is directly proportional to the caseload per judge but the same may not be true for court productivity. Further, poor judicial administration also contributes to piling of cases as backlogs.
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Sudarsono and Abdul Halim. "ELECTRONIC SIGNATURE IN THE IMPLEMENTATION OF MAIN DUTIES AND JUDICIAL INSTITUTION FUNCTIONS." Jurnal Hukum Peratun 2, no. 2 (December 3, 2019): 149–64. http://dx.doi.org/10.25216/peratun.222019.149-164.
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One of the important elements in the Electronic Court System (e-Court) is the electronic signature as regulated in article 26 of the Supreme Court Regulation No. 1 of 2019. In addition to the electronic litigation system, electronic signatures will also be very useful in the implementation of basic tasks of the judiciary, both in trial administration and general administration of the court. This research will discuss electronic signature in court administration as the main topic and will be elaborated with several related topics which include the task of the judicial institution, the electronic signature in the judicial system, person in charge of electronic signature in court administration, and the validity of documents with an electronic signature. The result of the research shows that electronic signature is crucial on implementation of court functions which are judicial function, regulatory function, and executive function performed by the court. Electronic signature creates the process of the case, trial, and general administration in court become more effective, efficient, and eco-friendly, and it also will increase public trust and security of the electronic transaction. Judicial documents that are electronically signed by authorized officials have legal force and legal consequences that can be used for legal remedies, evidence, and so on. For these reasons, it is necessary for the Supreme Court issuing the regulation on the implementation of electronic signatures in judicial institutions in performing their main tasks and functions.
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Susanto, Susanto. "E-COURT AS THE PREVENTION EFFORTS AGAINST THE INDONESIA JUDICIAL CORRUPTION." Yustisia Jurnal Hukum 9, no. 1 (May 1, 2020): 116. http://dx.doi.org/10.20961/yustisia.v9i1.41127.
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<em>This study aims to determine the effectiveness of the use of E-Court to eliminate judicial corruption activities. Actions or policies permitted by law and which are not permitted. Corruption in the administration sector is closely related to the relationship between justice seekers and individual administrative staff. The issues raised in this study are How is the systematic E-Court in Suppressing Judicial Corruption in Case Administration Management in Courts in JABODETABEK and How to Improve Administrative Management of Courts in the Future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this study seeks to describe the facts of the E-Court System Effectiveness in the field of suppressing Corruption in the Court's administrative management sector and the factors faced so that it can finally describe the concept of implementing a clean court management system with technology and improvement efforts. The concept of public services must be well understood by the judiciary, because until now there are still many complaints about legal services originating from the justice seeker community. The functionalization of E-Court is not optimal because there are still many justice seekers who still do not know the existence and use of the system. The E-Court system is expected to support the realization of judicial principles that are fast, simple and inexpensive in managing case administration</em>
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Šimonis, Mindaugas. "The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation." Baltic Journal of Law & Politics 10, no. 1 (June 1, 2017): 90–123. http://dx.doi.org/10.1515/bjlp-2017-0004.
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Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.
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Iqbal, Muhamad Iqbal, Susanto Susanto, and Moh Sutoro. "Functionalization of E-Court System in Eradicating Judicial Corruption at The Level of Administrative Management." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 370. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2510.
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This study aims to determine the effectiveness of the implementation of E-Court to eradicate the activities of judicial corruption. Corruption in the administration sector is closely related to the relationship between justice seekers and court administration staff. The problems raised in this study are how functionalization of E-Court in eradicating judicial corruption in administrative management of cases in the courts in JABODETABEK and how to reform the management of administrative court in the future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this research seeks to illustrate the facts of the effectiveness of the e-court system in eradicating corruption in the court administrative management sector. This concept of public service must be well understood by the judiciary. The functionalization of e-court is considered not optimal since many justice seekers do not know the existence and usefulness of the system. It is expected that the e-court system will support the establishment of the principle of quick, simple and low cost justice in the administrative management of cases. Keywords: E-Court, Court Administrative System, Corruption
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Kupita, Weda. "State Administrative Court as a Means to Realize Justice." SHS Web of Conferences 54 (2018): 03007. http://dx.doi.org/10.1051/shsconf/20185403007.
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The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.
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Fox, Danielle P., Hisashi Yamagata, Stacy S. Najaka, and David A. Soulé. "Improving Judicial Administration Through Implementation of an Automated Sentencing Guidelines System." Criminal Justice Policy Review 29, no. 5 (February 4, 2016): 489–504. http://dx.doi.org/10.1177/0887403416628603.
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To ensure public trust and confidence, courts must routinely examine the management of their operations and continuously explore improvement opportunities. Although technology can be a catalyst for improving judicial administration, without the requisite planning, organizational capital (e.g., people, process, and system alignment), and evaluation it is unlikely that such initiatives will be sustained let alone succeed. In 2012, a local circuit court in Maryland implemented the Maryland Automated Guidelines System (MAGS) developed by the Maryland State Commission on Criminal Sentencing Policy to electronically initiate, complete, and submit sentencing guidelines worksheets. This study discusses the evaluation of MAGS implementation, highlighting the value of technology and monitoring as a means to enhance judicial administration.
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Shtefan, D. I. "Organization of Judicial Activity in Russia within the Framework of the Federal Target Program in 2013–2020: Problems and Prospects." Actual Problems of Russian Law 16, no. 1 (January 28, 2021): 128–35. http://dx.doi.org/10.17803/1994-1471.2021.122.1.128-135.
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The paper analyzes the preliminary results of the implementation of the Federal Target Program "Development of the Russian Judicial System in 2013–2020". The author provides specific examples of achievements in the main areas of development of the judicial system. Besides, the author defines some unresolved problems, such as the need to locate federal courts in buildings convenient for the administration of justice, provision of technical means and security means for judges and court staff, digitalization (informatization) of the judicial system, unreasonably long legal proceedings time frames, accommodation for judges and employees of courts and the Judicial Department at the Supreme Court of the Russian Federation. The paper also offers approaches to solving each of the mentioned problems. Based on the results of the 2019 meeting of the Presidium of the Council of Judges of the Russian Federation, the paper outlines the proposals on ways to develop the judicial system in the 3rd decade of the 21st century, and names the main factors for their successful implementation.
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Burdina, E. V., and N. A. Petukhov. "The Scientific Concept of the Organization of Judicial Sctivity in the Context of its Digital Transformation: Definition and Content." Rossijskoe pravosudie 6 (May 20, 2020): 13–25. http://dx.doi.org/10.37399/issn2072-909x.2020.6.13-25.
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The digital transformation of the judiciary actualizes scientific problems of a managerial nature related to the search for more effective organizational forms of judicial activity in modern conditions. The purpose of the study is to justify the scientific concept of the organization of judicial activity, the content of which would make it possible to improve the processes of intrasystem management of the activities of the courts to achieve the goals of the formation of the information society and digital economy. The worldview and methodological basis were the work of scientists and the methods used by them in the analysis of the general theory of public management and public administration. The modern scientifically grounded concept of the organization of judicial activity is a system of guiding ideas that define, for a clearly defined perspective, the tasks, principles, directions and organizational and legal forms of public administration in the judicial sphere to achieve national goals. The content of this concept is an intra-system organizational and management activity, considered in two aspects: functional (goals, objectives, principles, directions, forms and means) and institutional (legal statuses, structure of the judicial organization, judicial self-government bodies, public service). It is argued that the intrasystem judicial management reveals the content of the analyzed concept. The authors, analyzing the terms «judicial management» and «judicial administration», consider them close, but not identical, the criterion for distinguishing them is the professionalization of subjects of organizational and managerial activity. The work defines the strategic goals of the judicial management, its main directions. The conclusion is substantiated that a new type of judicial organization will reflect its technological effectiveness and will result from the modification of its model: from the organization of judges and judicial personnel to the model of a unified organization of judges, court administrations and information systems. This organizational regularity will need to be taken into account in judicial reform plans.
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Muhammad, Hasanuddin. "EFEKTIFITAS DAN EFISIENSI PENYELESAIAN SENGKETA EKONOMI SYARIAH DI PERADILAN AGAMA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 35. http://dx.doi.org/10.29300/mzn.v7i1.3192.
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The era of the industrial revolution 4.0 has brought great changes to the human. The Supreme Court as the highest judicial body should embody effective and efficient justice with the simple, fast, and low cost princeples. This study examines the extent to which the Supreme Court Regulations regulate and embody an effective and efficient judicial system in resolving Islamic economic disputes in religious courts. This type of research is qualitative with a normative juridical approach. As a result, the Supreme Court has issued several rules as an effort to embody an effective and efficient judiciary, namely Supreme Court Regulation Number 2 of 2015 concerning the procedure for simple lawsuit resolution, Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settling Sharia Economic Disputes, Regulation of the Supreme Court Number 5 year 2016 concerning Sharia Economic Judge Certification, Supreme Court Regulation 04 of 2019 concerning amendment to Supreme Court Regulation Number 02 of 2015 concerning Simple Settlement Procedures and Supreme Court Regulations 01 of 2019 concerning Electronic Case and Trial Administration. It regulates efforts to embody the resolution for Sharia economic disputes that are effective and efficient, namely through a simple lawsuit, judges must have competence in the field of sharia economics by issuing a sharia economic judge certification policy and providing judicial services electronically.
Dissertations / Theses on the topic "Judicial system Court administration"
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Reilly, Mary Grace. "Evaluation of the impact created by unification of the Pennsylvania judicial system in the administration of the Thirty First Judicial District, Court of Common Pleas." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1991. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1991.Source: Masters Abstracts International, Volume: 45-06, page: 2958. Abstract precedes thesis as [1] preliminary leaf. Typescript. Includes bibliographical references (leaf 44).
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Guevara, Rivera Yenny Carolina. "Recrutement, indépendance et responsabilité des magistrats en Colombie : le cas de la Cour Suprême de Justice et du Conseil Supérieur de la Judicature." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD005.
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Ce travail de recherche a pour but d'apporter des éléments théoriques ainsi que pratiques au débat sur le causes et conséquences de la politisation des deux hauts tribunaux en Colombie, à fin d'enrichir la discussion. Concrètement, cette thèse doctorale analyse la manière dont les hauts juges sont élus et les conséquences les plus visibles de ces processus de sélection. A partir d'une analyse quantitative et qualitative, cette étude explore la façon dont l'autonomie de juges est conditionnée par le processus qu'ils suivent pour être élus. Pour conclure, cette thèse se penche aussi sur l'état actuel du bilan entre l'indépendance des juges et leur responsabilité vis-à-vis de leur fonctionThis researching work intends to provide theoretical and practical elements to enrich the debate about the causes and consequences of the politicization of two high tribunals in Colombia. In fact, this doctoral project analyses the way the election of the high judges is carried out and the respective consequences of these selection processes. Throughout a quantitative and qualitative analysis, we explore the way the autonomy of the judges is conditioned by their election process. Finally, the current state of the assessment between independence and responsibility of the judges is also tackled
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Chasin, Ana Carolina da Matta. "Uma simples formalidade: estudo sobre a experiência dos Juizados Especiais Cíveis em São Paulo." Universidade de São Paulo, 2008. http://www.teses.usp.br/teses/disponiveis/8/8132/tde-04072008-104453/.
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O trabalho apresenta um estudo acerca do Juizado Especial Cível, instituição do sistema de justiça responsável por apurar causas cíveis consideradas de menor complexidade (pequenas causas). Orientado pelos princípios de oralidade, simplicidade, informalidade, economia processual e celeridade, o juizado constitui a primeira experiência em nível nacional de informalização da justiça. Objetivando-se entender a estrutura e a dinâmica de funcionamento do juizado, dois recortes foram realizados: um cronológico e um sincrônico. No primeiro deles, é realizada uma análise da construção institucional do juizado. Partindo do contexto internacional em que se constitui o movimento de acesso à justiça, foram abordados o surgimento e a estruturação do juizado brasileiro. Sua implementação esteve condicionada à tensão entre dois elementos, que, em diferentes momentos, apareceram de modo mais ou menos acentuados: a busca de ampliação do acesso e o alívio da sobrecarga da justiça comum. Na década de 1980, o primeiro assume maior destaque; nos anos 1990, verifica-se uma inflexão e o elemento de alívio da carga judiciária progressivamente obscurece a dimensão do acesso. O segundo recorte foi a compreensão do funcionamento atual do juizado. Foram selecionadas duas unidades da cidade de São Paulo: uma situada na área central e outra na zona leste. A pesquisa observou a dinâmica de diferentes etapas processuais, atendo-se principalmente às audiências de conciliação. A análise focou a atuação dos conciliadores e dos juizes, o conteúdo das sessões e a relação entre as partes. Constatou-se que, em geral, as conciliações envolvem apenas negociações de valores, em detrimento de discussões de direito. Além disso, a assimetria das relações entre as partes destacou-se através do exame de elementos de desigualdade nos casos observados. Finalmente, apontou-se o Projeto Expressinho - resolução pré-processual de reclamações envolvendo empresas cadastradas - como exemplo das tendências postas em curso pelas propostas de reforma do sistema de justiça.This work is a study about the small claims court, the Brazilian justice system institution responsible for claims considered to be less complex (small claims). Oriented by the principles of orality, simplicity, informality, economy of proceedings and celerity, the small claims courts is the first Brazilian national experience related to the justice informalization. In order to understand the small claims court structure and its functional dynamics, two approachs were designed: a chronological one and other on synchronical basis. The first approach is an analysis of the institutional construction of the small claims courts. After examining the international context in which the access to justice movement was constituted, the study then deals with the formation and structuring of the Brazilian small claims court. Its implementation has been conditioned by the tension between two elements that, at different times, arose in more or less greater degrees of intensity: the pursuit of wider access to justice and the relief of the regular court overload. In the 1980\'s, the first element was given more emphasis, and then in the 1990\'s, there was a modification, in which the element of regular court relief progressively obscured the dimension of access to justice. The second approach of the study consists in comprehending the current small claims court\'s operation. For that two small claims court units located in the city of São Paulo were selected: one downtown and another in an eastern district of the city. The research consisted of observation of the dynamics of different procedural stages, concentrating mainly on the conciliation audience. The analysis focuses on the conciliator\'s and judge\'s performance, the subjects of the sessions and the relation between the parties. It was verified that, generally, the conciliation involves just value negotiating, regardless of rights debate. Also, the assymmetry between the parties stands out by the examination of inequalities at the observed cases. Finally, the Project \"Expressinho\" - pre-process resolution of claims, involving some registered enterprises - was pointed out as an example to demonstrate some of the trends of the justice system reform proposals.
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Sharp, Naomi. "Wrongful system rights violations and the potential of court-sponsored structural reform." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64306.pdf.
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Nownes, Anthony J., and Colin Glennon. "An Experimental Investigation of How Judicial Elections Affect Public Faith in the Judicial System." Digital Commons @ East Tennessee State University, 2015. https://doi.org/10.1111/lsi.12159.
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Judicial scholars have often speculated about the impact of elections on the administration of justice in the state courts. Yet relatively little research has concerned itself with public perceptions of state court selection methods. Of particular interest is the concept of legitimacy. Do elections negatively affect public perceptions of judicial legitimacy? Bonneau and Hall (2009) and Gibson (2012) answer this question with an emphatic “No.” Judicial elections, these studies show, are not uniquely troublesome for perceptions of institutional legitimacy. This article aims to extend the findings of Bonneau and Hall and Gibson via a laboratory experiment on the effects of elections on public perceptions of judicial legitimacy. In the end, we find that because elections preempt the use of the other main selection method—appointment—they actually enhance perceptions of judicial legitimacy rather than diminish them.
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Strother, Logan, and Colin Glennon. "Can Supreme Court Justices Go Public? The Effect of Justice Rhetoric on Judicial Legitimacy." Digital Commons @ East Tennessee State University, 2019. https://dc.etsu.edu/etsu-works/7773.
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Moynihan, Ann Marie. "Structural Violence in the New Hampshire Family Court System: An Autoethnographic Exploration." Diss., NSUWorks, 2018. https://nsuworks.nova.edu/shss_dcar_etd/88.
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The family law system effectuates case outcomes affecting the lives of parents, children, and society through court orders imposing important life decisions upon divorcing or unmarried parents, children, and post divorce families. While some cases are resolved in alternative dispute resolution forums, others enter the courtroom and judicial decisions cause unintended consequences for millions of adults and children each year. This research details a parent’s suboptimal family law system experience caused by judicial decision-making, highlighting the need to examine the causes of unintended systemic outcomes. The purpose of this research is to raise awareness and provide justification for systemic reform to prevent unintended consequences of court ordered outcomes caused by underlying structural violence. Conflicting objectives of litigants and problem solvers are investigated to determine the causes of systemic failures so recommendations for improved outcomes can be formulated. Theories of justice, civil rights, public policy, systems, structural violence, and nonviolence are integral components of this research. Applied theory in the context of the researcher’s experience highlights the need to address this social system issue while demonstrating the system intended to resolve disputes actually exacerbates conflict, resulting in more disputes. This research contributes to the literature because many litigants are unable to share their stories due to their oppressed condition within the system. This autoethnography documents the effects of a social system for conflict management gone awry and establishes a foundation to promote dialogue in support of a new way to manage disputes that is conducive to conflict resolution instead of conflict escalation.
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Pinero, Veronica B. "Transformations in the Canadian Youth Justice System. Creation of Statutes and the Judicial Waiver in Quebec." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/24065.
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The objectives of this thesis were to observe how the Canadian youth justice system has dealt with the regulation of the transfer of young offenders to the adult court and how the Canadian statutes have regulated the imposition of adult offences for young offenders.
For this, I drew a distinction between two levels of observation: first, I observed the process of "creation of statutes" by the political system. Second, I observed the process of "understanding and interpretation of statutes" by the judicial system. The notion of "political system" includes the legislation enacted by Parliament, parliamentary debates, and reports published by the Government of Canada. The notion of "judicial system" includes the decisions of the Montreal Youth Court.
For the first level of observation ("creation of statutes"), I observed and analyzed the work of the political system for the period 1842 to 2012. Starting in 1857, many statutes regulated different aspects of the criminal law system as it applied to young people. The first statute to deal with youth offenders comprehensively and different from adult offenders was the Juvenile Delinquents Act (1908); this statute was replaced by the Young Offenders Act (1982). The current statute is the Youth Criminal Justice Act (2002).
With regard to the Juvenile Delinquents Act (1908) and the Young Offenders Act (1982), I observed how the political system regulated the mechanism of transferring a young person to the adult court. This mechanism allowed the youth court to decide a question of jurisdiction: whether the young person would be processed and sentenced within the youth justice system, or whether the young person would be sent to the adult court for him to be dealt with and sentenced therein. With regard to the Youth Criminal Justice Act (2002), I observed how the political system has regulated the imposition of adult sentences by the youth court. This statute replaced the mechanism of transfer under the two previous statutes by the imposition of adult sentences within the youth justice system.
For the second level of observation ("the understanding and interpretation of statutes"), I observed how the Montreal Youth Court had understood and interpreted the statutory provision that allowed the youth court to transfer a young person to the adult court for the young person to be dealt with and sentenced therein. My period of observation is from 1911 to 1995.
I argue that both the political and the judicial systems have been strongly influenced by the theories of deterrence, denunciation, retribution, and rehabilitation. The influence that each theory has exercised on each system varies. The political system, originally focused on the rehabilitation of young people, has been slowly “contaminated” by the most punitive theories, such as deterrence and denunciation. This shift started in the 70’s and slowly increased over the years. Conversely, while the judicial system does not seem to have been originally influenced by the theories of rehabilitation, its focus has slowly shifted towards this objective as the primary goal of their intervention towards young offenders since the 70’s. However, the “successful rehabilitation” of a young person has become a goal in itself, where “unsuccessful offenders” have been transferred to the adult court and dealt with the adult punitive justice system.
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Glennon, Colin, and Mikel Norris. "Indicators of Judicial Greatness: An Exploration into which Factors Influence or Predict wither Supreme Court Justices Will be Considered Historically Great." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/529.
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While rankings of presidents are quite common, rankings of Supreme Court justices are much rarer. Herein I produce one and make use of both to see if perceived greatness of one actor can effect perceptions of greatness for the other. This work examines those influences that indicate success for Supreme Court Justices by seeking to determine what the historically great justices have in common. I first develop a composite score of all the Supreme Court Justices based on the limited previous ranking research and relevant indictors to rank the Justices 1-112. Next, I examine potential indicators of such success; previous experience, personal characteristics, conformation vote, and most interestingly the perceived greatness of their appointing president. This research finds a direct relationship between perceptions of presidential greatness and perceptions of judicial quality. Overall the great Justices are statistically more likely to be appointed by a great president, consistent with the appointment literature that often describes an appointer-appointee relationship as a legacy impacting one.
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Rodenbusch, Cornel-Peter. "The Wheel of Justice: Court Procedure, Conflict Resolution and Narratives in Medieval Catalonia (950-1130)." Doctoral thesis, Universitat de Barcelona, 2021. http://hdl.handle.net/10803/672407.
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This doctoral thesis presents an analysis of the judicial procedure in Catalonia between the years 950 and 1130.
Catalan Archives preserve an exceptional number of documents related to justice which thanks to recent and systematic publication are now available for extensive research. Its aim is to analyse the change of legal procedure of a society in the midst of the process of feudalisation. To do so the work introduces a new method of the visualisation that allows for a detailed analysis of legal conflicts: The Wheel of Justice. The main body of the thesis is divided into three chapters that follow the inherent chronological order of court cases: Preludes, Trial and Resolution.
In the first the work deals with dimensions - the place and the date as well as the necessary prearrangements for trials. The second part focuses on the trial itself: the composition of the tribunal and its attendees and the dynamics of the courts. This chapter pays special attention to judicial ordeals and duels in the practice of conflict resolution, as well as the abandonment of trials and their political, social and legal significance. Finally, the last chapter addresses new forms of resolution to highlight changes to the system.
The thesis aims to provide new insight into the continuities and transformations that took place in Catalonia during this period, and what role the courts and the administrators of justice played as well as how these processes were narrated.Aquesta tesi doctoral presenta una anàlisi del procediment judicial a Catalunya entre els anys 950 i 1130. Els arxius catalans conserven un nombre excepcional de documents relacionats amb la justícia que gràcies a la publicació recent i sistemàtica ja estan disponibles per a una extensa investigació. El seu objectiu és analitzar el canvi de procediment legal d’una societat en ple procés de feudalització. Per fer-ho, el treball introdueix un nou mètode de visualització que permet fer una anàlisi detallada dels conflictes legals: la roda de la justícia. El cos principal de la tesi es divideix en tres capítols que segueixen l’ordre cronològic inherent dels casos judicials: preludis, judici i resolució. A la primera part, l'obra tracta de les dimensions: el lloc i la data, així com els prolegòmens necessaris per a les proves. La segona part se centra en el judici en si mateix: la composició del tribunal i els seus assistents i la dinàmica dels tribunals. Aquest capítol presta especial atenció a les proves i als duels judicials en la pràctica de la resolució de conflictes, així com a l’abandonament dels processos i la seva importància política, social i jurídica. Finalment, l'últim capítol tracta de noves formes de resolució per ressaltar els canvis al sistema. La tesi pretén donar una nova visió de les continuïtats i transformacions que es van produir a Catalunya durant aquest període, quin paper van tenir els tribunals i els administradors de justícia, així com la manera com es van narrar aquests processos.
Books on the topic "Judicial system Court administration"
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Scheb, John M. The politics of judicial modernization: The case of the Tennessee court system. Knoxville: Bureau of Public Administration, University of Tennessee, 1986.
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Chʻoe, Tae-gwŏn. Judicial system transformation in the globalizing world: Korea and Japan. Seoul, Korea: Seoul National University Press, 2007.
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Puslitbang Hukum dan Peradilan (Indonesia). Judicial system of Indonesia. [Jakarta]: Legal and Judicial Research Center, Supreme Court of Indonesia, 2003.
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Australian Judicial System Advisory Committee. Australian Judicial System Advisory Committee: Report. [Canberra: Constitutional Commission], 1987.
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Nyasulu, Ink. Towards a single hierarchy judicial system: Proposal. Lilongwe: Malawi Magistrates' and Judges' Association, 1993.
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Michigan Trial Court Assessment Commission. Recommendations: Judicial resource distribution and court revisions court funding formula. Reports : the Michigan weighted caseload system : National Center for State Courts. [Lansing, Mich.]: The Commission, 1998.
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Voloshin, Igorʹ Petrovich. The judicial system in the USSR: Basic insight. Moscow: Novosti Press Agency Pub. House, 1989.
Find full textBook chapters on the topic "Judicial system Court administration"
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Bunjevac, Tim. "Judicial Control of Court Administration." In Ius Gentium: Comparative Perspectives on Law and Justice, 9–26. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-33-6506-3_2.
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Mikuli, Piotr. "In Search of the Optimal Court Administration Model for New Democracies." In Judicial Power in a Globalized World, 281–89. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_18.
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Sobenes Obregon, Edgardo. "Joinder of Cases: Strengthening the Sound Administration of Justice and the Judicial Economy." In Nicaragua Before the International Court of Justice, 413–25. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62962-9_18.
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van Dijk, Frans. "Respect for Judicial Independence." In Perceptions of the Independence of Judges in Europe, 65–75. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-63143-7_5.
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AbstractThis Chapter examines whether judges feel that their independence is respected. Three categories of actors are distinguished: the court users, the political system and the internal decision makers of the judiciary. Judges feel in the mean most respected by the internal leadership, to a lesser extent by the court users and least by the political system. In some countries judges do not feel respected by the political system at all. In the opinion of the judges, respect by the different actors has different features. Perceived respect shown by litigants has to do with absence of bribery and other forms of corruption, and inappropriate pressure. Respect by government and parliament is about the implementation of judgments by government and the case load of the judiciary. Case load depends on the resources that politicians make available. Respect by court management concerns absence of pressure on judges to adjudicate cases timely, case load and promotion of judges based on merit. Caseload is a recurring determinant of perceived respect for independence. This suggests that independence is highly affected by resource allocation.
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Diehl, Katharina, Ruben Madol Arol, and Simone Malz. "South Sudan: Linking the Chiefs’ Judicial Authority and the Statutory Court System." In Non-State Justice Institutions and the Law, 55–79. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137403285_3.
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Fuller, Donald E. "Personnel System Operations in Judicial Administration." In Handbook of Court Administration and Management, 265–84. Routledge, 2017. http://dx.doi.org/10.1201/9780203719428-17.
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Galetta, Diana-Urania, and Paolo Provenzano. "Administrative Procedure and Judicial Review in Italy." In Judicial Review of Administration in Europe, 62–64. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0010.
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This chapter illustrates administrative procedure and judicial review in Italy. According to article 113 of the Italian Constitution, 'the judicial safeguarding of rights and legitimate interests before the organs of ordinary or administrative justice is always permitted towards acts of the public administration'. In Italy, judicial review of administrative action is performed by specific courts: a court of first instance, called Tribunale Amministrativo Regionale (TAR), which is established in every Region, and the Consiglio di Stato (Council of State), which acts as an appeal court. The judicial process before these courts is now regulated by the Code of Administrative Process (CAP). Article 7 CAP provides that the administrative courts have jurisdiction over all acts that the public administrations and legal entities equivalent to them adopt in the exercise of their administrative authority. Since 1889, the Italian system of administrative justice has centred on the provision that administrative acts can be annulled by the administrative courts only in cases of 'breach of law', 'misuse or abuses of power', and/or 'lack of competence'.
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Andenas, Mads. "EU Countries and the UK." In Judicial Review of Administration in Europe, 295–306. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0018.
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This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.
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Storr, Stefan. "Administrative Procedure and Judicial Review in Austria." In Judicial Review of Administration in Europe, 37–40. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0003.
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This chapter discusses administrative procedure and judicial review in Austria. In Austria, there exists a principle of the 'exclusivity of legal sources'. Legal protection is only possible against certain administrative legal sources. In general, Article 130 B-VG pronounces judgments on complaints by the administrative courts against rulings by administrative authorities for unlawful acts; against the exercise of direct administrative power and compulsion to carry out unlawful acts; and on the grounds of breach of the duty to reach a decision by an administrative authority. In principle, the administrative court has to examine the case comprehensively; in general, there is no exclusion for specific administrative matters. It is of fundamental significance for the Austrian administrative judicial system that an administrative court of first instance generally decides on the merits of the case. Only in very exceptional cases does it set aside the contested act by the authority and refer the case back to it.
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Andrijauskaitė, Agnė. "Administrative Procedure and Judicial Review in Lithuania." In Judicial Review of Administration in Europe, 69–71. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0012.
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This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.
Conference papers on the topic "Judicial system Court administration"
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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.
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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Acoba, Aimee G., Christopher Franco Cunanan, Nino E. Merencilla, Ryan R. Tejada, and Michael Angelo D. Ligayo. "JuCo-IS: A Development of Web-Based Information System in Judicial Regional Trial Court." In 2020 IEEE 10th International Conference on System Engineering and Technology (ICSET). IEEE, 2020. http://dx.doi.org/10.1109/icset51301.2020.9265362.
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Akbar, Salsabila, Retno Saraswati, and Fifiana Wisnaeni. "Final Properties Factices and Binding Constitutional Court Decisions by Adding Judicial Order Law Instruments in Testing the Law of the Basic Law." In 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.17-7-2019.2303373.
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Kouziokas, Georgios N. "An Information System for Judicial and Public Administration Using Artificial Intelligence and Geospatial Data." In PCI 2017: 21st PAN-HELLENIC CONFERENCE ON INFORMATICS. New York, NY, USA: ACM, 2017. http://dx.doi.org/10.1145/3139367.3139402.
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Hu, Zhanlei. "The Basic Model of Compulsory Isolation and Detoxification in Judicial Administration Based on Medical Insurance System." In 2020 3rd International Conference on Humanities Education and Social Sciences (ICHESS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201214.454.
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Khattaa, Semirames, Bárbara Laurindo da Silva, and Manuela Pereira Gomes. "Public policies and social rights: employment and income in Brazil." In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212439.
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The analyzes of public policies and their interface with the law are related to the effectiveness of fundamental rights. This article aims to analyze how the creation and execution of public policies aimed at the realization of fundamental social rights, especially those aimed at employment and income, as well as the judicial control of these public policies, are carried out. It seeks to identify the mechanisms and limits inherent to Public Administration to promote the realization of these rights in an equal way. The investigation of institutional designs, federative arrangements, and programs and the legal foundations and theoretical bases of public policies founded with the consolidation of the Constitutional State of Law seek to identify possible bottlenecks in the Brazilian Public Administration for the effectiveness of socialrights, such as those aimed at employment nationwide and the municipal administration, especially in Campos dos Goytacazes. The study will be based on a bibliographic research and analysis of the legislative and jurisprudential process on the subject, with data collection from the websites of the federal and municipal government of Campos, Ministério Público, Courts of Auditors, IPEA, IBGE, Federal Chamber of Deputies and well. as the Federal Supreme Court (STF). With the systematization of theoretical references on public policies and fundamental rights, a proposal to identify the articulation and dialogue between the powers in the area of realization of specific social rights related to work and income, and the elaboration of an article summarizing the results achieved by the analysis of effectiveness with the analysis of the importance of the effectiveness of fundamental rights with the identification and systematization of the main institutional obstacles to their implementation
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Komiljonov, Rafael. "INSTITUTE OF TRIAL BY JURY IN THE RUSSIAN EMPIRE: ORIGIN AND DEVELOPMENT." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02032-6/115-124.
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The article examines the Genesis of the institution of jury trial in the Russian Empire from the moment of its introduction to the end of the Provisional government. It is noted that the emergence of a trial with the participation of jurors was influenced by Western models of the judicial process, and the forms of participation of citizens in the administration of justice that previously existed on the territory of the Russian state were taken into account. The role that the jury system has played with some success in the search for truth, justice, and the implementation of effective and independent justice in the past centuries is particularly highlighted.
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Koshelev, Anton, and Ekaterina Rusakova. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/10.
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A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.
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Deynekli, Adnan. "Restructuring as a Way to Improve the Financial Situation in Capital Stock Companies." In International Conference on Eurasian Economies. Eurasian Economists Association, 2011. http://dx.doi.org/10.36880/c02.00362.
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Because of unexpected changes in economic situations, capital stock companies that can carry their economic entities may be faced with danger to stop their activity because of they cannot afford to pay promptly paid debts. This danger threatens the workers who are faced with the situation of being unable to receive their money as much as debtors. This threat effects legal and national economy. In the situations like this, providing them to continue their economic lifes with restructuring the capital stock companies that have an opportunity to continue their economic entity, is to the advantage of everybody.
Restructuring of capital stock companies and cooperatives with compromise way,is an institution that is accepted in Turkish law, in 2003. This institution based on the thought of providing to continue their activities in the situation of saving this company is possible, instead of deciding bankruptcy of company that is improved in last years in the world and is in financial straits.
Capital stock company or cooperative that is in financial straits compose with majority of creditors who have an amount of credits that are said in law, about restructuring debts. System works under the surveillance of court and acceptance or refuse require interference of judicial body. Under this heading, process of delaying bankruptcy, conditions and the way of practising will be explained.