Academic literature on the topic 'Legal status of a judge'
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Journal articles on the topic "Legal status of a judge"
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SOMANAWAT, Kitpatchara. "Constructing the Identity of the Thai Judge: Virtue, Status, and Power." Asian Journal of Law and Society 5, no. 1 (2018): 91–110. http://dx.doi.org/10.1017/als.2017.32.
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AbstractA central aspect of Thai legal consciousness since the mid-twentieth century, widely shared among the general population, has been a perception that judges have an exalted status entitling them to make broad-ranging pronouncements about social and political issues as well as legal matters. Popular legal consciousness of the Thai judge has to a large extent been shared by the judges themselves, as well as by their families and followers. The power and authority of Thai judges go far beyond the limited formal role they are given in Thailand’s civil-law system. This article suggests that the exceptional status of the Thai judge derives from a process of identity construction, emphasizing four traits that set the ideal judge apart from ordinary people. The first is that a Thai judge must be a “khon di” (good person), with specific reference to the traditions of Thai Buddhism. The second is that a Thai judge must be polite, kind, and socially refined—a “phudi” (proper gentleman). The third characteristic of the ideal Thai judge is that he or she must be highly educated and knowledgeable about the law—a “phuru” (learned and wise person). The fourth trait is that a Thai judge must be a “phupakdi” (loyal servant of the king), not only loyal to the monarchy as an institution, but to the late King Rama IX as a person. When the identity of the Thai judge is constructed from these four constituent elements, the pronouncements of the judge acquire legitimacy, even when they range beyond the narrow letter of the law. The article explores this central aspect of Thai legal consciousness by analyzing the construction of judges’ identities through a distinctive set of historical documents—the cremation volumes (nangsue ngan sop) that are published and distributed at the funerals of noted public figures. These volumes contain a wealth of biographical information as well as related legal and historical material that shed light on the life and work of Thailand’s most prominent judges during the past 50 years.
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Nowak, Krystian. "Legal status of judges in the Republic of Kosovo. Theoretical and legal analysis." Acta Iuridica Resoviensia 35, no. 4 (2021): 130–41. http://dx.doi.org/10.15584/actaires.2021.4.10.
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The status of a judge is a very important issue from the point of view of the standards of a democratic state and because of the role that judges play in the administration of justice. This article attempts to analyze the legal status of judges in the Republic of Kosovo by subjecting constitutional guarantees of judicial independence to theoretical and legal analysis. Indeed, the independent status of a judge is the minimum standard of legal protection that the state should provide to citizens. This study made it possible to formulate a statement that the mechanism of checks and balances of powers formed in the Constitution of Kosovo, which by its nature implies the possibility of some interference in the scope of judicial power, but it cannot touch the independence of judges in the exercise of their office. Some solutions in the Kosovo legal order that are unsatisfactory from the point of view of European standards were also pointed out.
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Petryakova, Antonina V. "Institution of Investigating Judges: Genesis and Transformation of the Legal Model." Ugolovnaya yustitsiya, no. 18 (2022): 58–64. http://dx.doi.org/10.17223/23088451/18/10.
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The judicial reform in Russia goes on and many provisions of the Concept of Judicial Reform of 1991 have been implemented. However, the institutions of investigating and penitentiary judges, provided by the Concept as a specialization of justices of the peace, have not yet been introduced. Academic and public discussion about the institution of investigative judges has intensified since 2014. Nowadays, there are several procedural models of this legal institution. However, the legal status of the investigating judge appears to be insufficiently developed. Using comparative and formal legal methods of research, the author examines the legal experience of postSoviet states that declare the formation of the institution of investigating judges in their judicial system to conclude that an investigating judge in many states has become a participant in criminal proceedings, but the institution of investigative judges has not been segregated into a separate judicial body, so the legal status of the investigating judge has not formed. In this regard, the author examines the institution of investigative judges of the Republic of Kazakhstan, in which it has undergone a significant transformation: from an investigating judge as a procedural figure to separate specialized investigative courts. Having studied the experience and recommendations of international expert organizations, the Republic of Kazakhstan is developing the idea of the institution of investigating judges in some possible perspective directions: finalization of the legal status of a judge of a specialized investigative court, harmonization of judicial and procedural legislation. Projecting the Kazakh model of a specialized investigative court onto the Russian judicial system, it is proposed to introduce specialized investigative courts in the Russian Federation with functionality that predominantly involves the exercise of judicial control functions. At the same time, the author notes that judicial control takes place both at the pre-trial stages of criminal proceedings and at the stage of execution of the judicial verdict. In this regard, it seems expedient to further build up the competence of a specialized investigative court and, on its basis, create a specialized investigative and penitentiary court, which in the future can become the basis for the formation of a national human rights court, the creation of which was proposed at a meeting of President of the Russian Federation V.V. Putin with members of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, held in December 2020.
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Glazunova, I. V., and A. V. Nikitina. "Early termination of a judge's powers as a measure of legal responsibility: problems of legal regulation and law enforcement." Law Enforcement Review 7, no. 4 (2024): 126–35. http://dx.doi.org/10.52468/2542-1514.2023.7(4).126-135.
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The subject of the study is the theoretical, legislative and practical application problems of the early termination of a judge as a measure of legal responsibility. According to the authors' opinion there are several problems: the lack of scientific and legislative unity on the issue of the sectoral nature of this measure; the unsystematic, uncoordinated nature of legislation and law enforcement practice; the apparent discrepancy of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (hereinafter - the Status of Judges) which regulates the grounds and procedure for the early termination of the powers of a judge and the practice of its application to the fundamental principles of legal responsibility.The aim of this article is to make recommendations aimed at improving the legal regulation and practice of such a legal liability measure as early termination of the power of the judge.The methodology. The main method of research is the general scientific dialectical method of cognition, using universal scientific methods: analysis and synthesis, induction and deduction, formal-logical and systemic. The specific scientific methods are applied: the formal legal method, the methods of legal modelling and the methods of forecasting.Main results and field of application. The authors concluded that the early termination of a power of judge, for whatever reason, is related to his or her illegal behaviour. It should be explicitly recognized as a measure of legal responsibility in the Status of Judges. It is necessary that the legal grounds for judge early termination meet the requirements of legal certainty. The application of this measure is based on the fundamental principles of legal responsibility: justice, humanism, legal equality, proportionality of the sanction to the degree of social danger of the act committed, individualization of the punishment, etc. The Status of Judges and the Regulation on the functioning of the qualification collegium of Judges should be supplemented by legal provisions governing the procedure for applying to a judge early termination as a measure of legal liability that does not involve the commission of a disciplinary offence. A fair, public and adversarial procedure must be used to ensure that judges in the high and medium courts can terminated early. The rules for this procedure must be laid down in federal constitutional law.Conclusions. The implementation of such proposals would lead to the formation of legislation and the law enforcement practice, consistent with the main principles of legal responsibility and the basic provisions of its theory. It would guarantee the fairness and predictability of decisions towards judges. Ultimately it would ensure an appropriate balance between the independence of judges and their accountability for gross and systematic violations incompatible with the status of judges.
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Nesterenko, D. "Termination of powers and dismissal of judges of the Constitutional Court of Ukraine as an element of their constitutional and legal status." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 103–8. http://dx.doi.org/10.24144/2307-3322.2022.76.1.15.
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The article is devoted to the study of certain aspects of the legal status of a judge of the Constitutional Court of Ukraine, which includes guarantees for ensuring his professional activity, which are currently updated in the order of termination of powers and dismissal, the definition of requirements for a person who has the right to occupy the position of a judge of the Constitutional Court of Ukraine, and how the result of the proper procedure for the appointment or election of a judge to the body of constitutional jurisdiction. The author considered the national constitutional legislation on the judicial system and the status of judges, in particular judges of the Constitutional Court of Ukraine, summarized the main scientific approaches to understanding the category "constitutional and legal status of judges of the Constitutional Court of Ukraine" and the main structural elements of the constitutional and legal status of judges of the Constitutional Court of Ukraine. The article analyzes the guarantees of the activity of a judge of the Constitutional Court of Ukraine, such as independence and inviolability. The list of grounds for the dismissal and termination of the powers of a judge of the Constitutional Court of Ukraine has been determined. The need to ensure the independence of the Constitutional Court of Ukraine, as a body of constitutional jurisdiction, taking into account the special constitutional and legal status of a judge of the Constitutional Court of Ukraine, its element as a guarantee of independence and inviolability, including in the aspect of termination of powers and dismissal of a judge of the Constitutional Court of Ukraine, for the application of due legal procedure to these persons, taking into account the principle of the rule of law, international standards and current constitutional norms. It has been identified as one of the urgent needs to establish, at the legislative level, what exactly constitutes a significant disciplinary offense, gross or systematic neglect of one's duties, which is incompatible with the status of a judge or has revealed his incompatibility with the position held, and to regulate the procedures for initiating the dismissal of a judge of the Constitutional Court of Ukraine on this basis. On the basis of the developed research materials and the analysis of national legislation and scientific sources, problematic aspects of the termination of powers and removal from the position of a judge of the Constitutional Court of Ukraine were clarified and possible ways of solving such problems were determined.
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Dashkevich, Serhii. "International standards of legal status of judge." Aktual’ni problemi pravoznavstva 1, no. 4 (2021): 38–43. http://dx.doi.org/10.35774/app2021.04.038.
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Kadiraliyev, Saddam, and Tashkent State University of Law Gulmurodov. "THE INVESTIGATIVE JUDGE IS A NEW INSTITUTE IN THE CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN." CRIMINOLOGY AND CRIMINAL JUSTICE 3, no. 4 (2023): 28–39. http://dx.doi.org/10.51788/tsul.ccj.3.4./xtcg9375.
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In this article, the legal status of the investigating judge, the history of the origin and stages of development of the investigating judge institution, and the importance and specific features of the investigating judge institution in the criminal process are explained. With the decision No. 300 of the President of the Republic of Uzbekistan, “On measures to implement the strategy of Uzbekistan – 2030 in 2023 in a high-quality and timely manner” until the end of 2024, rapid search and investigative actions It is established that the procedure for consideration of the issue of sanctions by individual judges—investigative judges—is established, and the powers of the investigating judge are widened based on the principle of not only sanctioning quick searches and investigative actions but also exercising judicial control at the stage of bringing the case to court in the criminal process. The issues of definition are touched upon in the framework. In particular, with the introduction of this institution, the issues of providing the opportunity to conduct the activities of the parties on the basis of equality and controversy in proceedings before the court, as well as the possibility of increasing the procedural status of the defense side by eliminating the dominant position of the prosecution side, were discussed. The opinions of legal scholars about the institution of investigating judge were analyzed. In this regard, the experience of the countries of Kazakhstan, Georgia, Moldova, Estonia, and the Institute of Investigative judge, introduced in the criminal proceedings of the Kyrgyz Republic since 2019, was studied as one of the main research objects. In the criminal procedural legislation of the Republic of Uzbekistan, relevant proposals were made regarding the determination of the legal status of the investigating judge, the principle of judicial control in criminal proceedings, and the formation of a corps of specialized investigative judges.
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Khomyshyn, I. "Legal mechanism of dismissal and termination of judge authorities: problem aspects." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 645–51. http://dx.doi.org/10.24144/2788-6018.2023.04.101.
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The article identifies the problems of the legal mechanism for the dismissal and termination of a judge’s powers, formulates directions for improving the legislation of Ukraine, which regulates the dismissal of a judge from office and the termination of his official powers. The following problems of the legal mechanism for the dismissal and termination of a judge’s powers have been identified: 1) constant changes in the legislation lead to the presence of a number of transitional provisions, differentiation of the grounds and mechanism for the termination of a judge’s legal status; 2) the unequal scope of rights and opportunities of a judge when implementing such a legal guarantee upon dismissal as a lifetime financial support for a retired judge, depending on the facts of passing a qualification assessment, being appointed to a position after September 30, 2016, and having worked as a judge for at least three years after that date, as well as the rules for calculating judicial seniority depending on the date of election to the position; 3) establishment of a judge’s non-compliance with the qualification evaluation criteria is an additional ground for the judge’s dismissal from office, which is not provided for by the Constitution of Ukraine; 4) the imperfection of the legislative changes to the list of grounds for terminating the legal status of a judge, in particular in the part of not taking into account the fact of the expiration of the five-year term of appointment of a large number of judges and the impossibility of terminating the legal status of a judge on this basis, created uncertainty in the status of employees; 5) the evaluative nature of the categories of materiality, rudeness, bias, intent in the judge’s actions leads to different perceptions of the presence or absence of grounds for dismissal as a disciplinary sanction; 6) differentiation of the statute of limitations for bringing to disciplinary responsibility depending on the time of illegal actions; 7) the absence of such grounds as the reinstatement of an employee who previously performed this work among the constitutional grounds for terminating the legal status of a judge, which makes it difficult to implement court decisions on the reinstatement of a judge; 8) the alternative of the norm on the possibility of stopping the consideration of an application for voluntary dismissal or resignation during the consideration of a complaint or application within the framework of disciplinary proceedings; 9) actual removal from the circle of persons who may be held administratively liable under Art. 172-6 of the Code of Administrative Offenses, judges, in respect of whom a decision was made to dismiss them from office due to deficiencies in the legislative technique of legal regulation of the mechanism for dismissing a judge from office; 10) reflection of the widespread in society phenomena of legal nihilism, low level of legal culture and on the members of the Supreme Council of Justice as a disciplinary body in the judicial sphere; 11) attempts by the authorities to use the mechanism of dismissal of judges from political ones.
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Salpekov, Almas, Saida Akimbekova, and Gulmira Talapova. "The legal status of a judge in the Republic of Kazakhstan." Scientific Herald of Uzhhorod University Series Physics, no. 56 (May 8, 2024): 701–8. http://dx.doi.org/10.54919/physics/56.2024.70wog1.
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Relevance. The relevance of the study is based on the fact that the judiciary is an institutional element of the legal system that ensures the democratic development of the state towards economic, political and social renewal. Purpose. The purpose of this study is to expose the mechanism of the judicial system and highlight the special features of the legal status of the judge and the major challenges that hinder the improvement of the legal position. Methodology. Among the methodological approaches used in this investigation are formal legal, theoretical, legal hermeneutics, dogmatic, deduction, synthesis and others. Results. The study examined the mechanism for the judicial system and its specific features, highlighting the role of this element of the legal system in the formation of public life; the concept of the legal status of judges and their rights and obligations were also analysed. Special attention has been given to the content of the employment contract with judges and their requirements, and the specifics of entering into an employment contract. The analysis reveals the special features and challenges in modifying and terminating a judge's mandate. The principle of judicial independence has been studied in detail, establishing its importance in ensuring a fair trial and creating the conditions for citizens to regain the trust of the authorities. Conclusions. The practical relevance of the findings is in recommendations on how to address the challenges in improving the legal status of the judge, as this is an integral part of building a democratic state. Keywords: judicial power; justice; legal status; powers; judicial reform
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Ріхтер, В. В. "PUBLIC ADMINISTRATION INDEPENDENCE OF JUDGES IN UKRAINE." Juridical science 2, no. 4(106) (2020): 146–51. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.18.
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The Constitution of Ukraine contains mandatory requirements that a person applying for the position of a judge must meet. Given that the judiciary is the judiciary, whose activities are related to the restoration of violated rights, these functions can be performed only by persons who meet all the requirements established by the Basic Law and regulations governing the social status of judges in Ukraine. However, recalling the requirements for judges, the principle of ensuring the independence of judges in Ukraine should also be disclosed. The purpose of the article is to reveal the public administration of ensuring the independence of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article stipulates that in order to properly ensure the independence of judges it is necessary to carry out effective, optimal, comprehensive public administration, which by its nature in this area is to exercise power and organizational and support activities of public administration in a special way to protect legal status, immunity and professional interests of a judge, which constitute his independence in legal relations. It was found that the independence of a judge is a special, intra-judicial state of protection and independence of a judge, which is regulated by law and consists in determining the legal status of a judge regarding his professional immunity and immutability, creating conditions for ensuring a judge's professional activity. and other factors that may adversely affect professional activity. It was emphasized that the state of the domestic judicial system, in particular the observance of the principle of independence of judges, has long passed into the category of problems that are of particular concern to Ukrainian society. No one doubts the need to rectify this problematic situation, but all the measures taken, including the implementation of the relevant tasks of judicial reform, have not yet had a significant impact on ensuring the real independence of judges.
Dissertations / Theses on the topic "Legal status of a judge"
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Верба, Н. О. "Адміністративно-правовий статус місцевих загальних судів як суб’єктів захисту прав та законних інтересів громадян України". Master's thesis, Сумський державний університет, 2020. https://essuir.sumdu.edu.ua/handle/123456789/81974.
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Однією з найактуальніших проблем побудови демократичної держави на основі верховенства права в Україні сьогодні є створення та гарантування ефективного функціонування незалежної системи судових органів, головним завданням яких є захист прав і свобод фізичних осіб. Виконання судом завдань, пов’язаних із захистом прав, свобод та інтересів фізичних осіб, прав та інтересів юридичних осіб, інтересів суспільства та держави, потребує відповідного юридичного та організаційного забезпечення їх діяльності.<br>One of the most pressing problems of building a democratic state based on the rule of law in Ukraine today is the creation and guarantee of the effective functioning of an independent judiciary, whose main task is to protect the rights and freedoms of individuals. The court's performance of tasks related to the protection of the rights, freedoms and interests of individuals, the rights and interests of legal entities, the interests of society and the state, requires appropriate legal and organizational support for their activities.
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Kobkijcharoen, Porntip. "Le statut des magistrats professionnels : l’indépendance du juge judiciaire et ses garanties : étude de droit comparé franco-thaïlandais." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020057.
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Les facteurs historiques, politiques, sociologique ou culturel propres à chacun des deux pays, que nous évoquons dans l’introduction, traduisent une interprétation différente de la notion d’indépendance du juge en France et en Thaïlande. L’exigence d’indépendance attachée à la fonction des juges va de pair en France avec la crainte d’un retour du « gouvernement des juges », et la méfiance à l’égard du corporatisme et du pouvoir des juges. Si l’indépendance du juge est bien établie en France, elle est « une indépendance surveillée ». Cela ne signifie pas pour autant que cette indépendance est moins grande que l’indépendance sans surveillance. En Thaïlande, d’une manière générale, la Justice n’est pas regardée avec méfiance, mais elle a été délaissée. Depuis l’Ancien régime, elle n’a fait l’objet d’une réforme qu’en 1997 où la Constitution thaïlandaise a créé, sans obstacle, selon une interprétation rigide du principe de la séparation des pouvoirs, un vrai corps judiciaire puissant, séparé et isolé du gouvernement et peut-être de la société. Cela ne signifie pas pour autant qu’elle installe une véritable indépendance. L’arbitraire de l’exécutif, qui est la justification de la protection, peut être remplacé par l’arbitraire du corps lui-même. Le statut des juges judiciaires de ces deux pays que nous traitons dans les deux parties de cette thèse exprime cette diversité<br>The historical, political, and cultural factors of each country, which we will describe in an introduction, give a different interpretation of judicial independence concept in Thailand and France. The requirement of judicial independence attached to the profession of judge is along with French tradition of fear regarding to return of the "government of judges", corporatism, and the power of judges. If independence of judiciary is well established in France, it would be the "supervised independence". This does not mean that it is less independent than independence without supervision. In Thailand, justice, in general, has not been suspicious by the other powers, but it has been abandoned. The Constitution of Thailand, without obstacle, because of the rigid and strict separation of powers, made Justice which has just been reformed in 1997 since the Ancien Regime, to become a real powerful judiciary, separated and isolated from Government and maybe from society. However, this does not mean that a true independence of judge is established. The arbitrariness of the executive power, which is the justification of protection, can be replaced by the arbitrariness of judge itself. The legal status of judges in both countries which we treat in both parts of this thesis will reflect this diversity
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Osipova, O. "The legal status of assistants to the judges in Ukraine and in Poland (comparative analysis)." Thesis, Sumy State University, 2019. https://essuir.sumdu.edu.ua/handle/123456789/77013.
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In the light of the ongoing judicial reform aimed at
bringing Ukraine's legal proceedings in line with European standards, the issue of
organizational support for the activities of courts as one of the guarantees of the
independence of judges becomes of paramount importance. Recommendations for the
effective implementation of the Basic Principles of Independence of the Judiciary
adopted by the resolution of the Economic and Social Council of 1989/60 and approved
by UN General Assembly resolution 44/162 on 15 December 1989, namely
Recommendation 5, stipulate that the State should pay special attention to the need
provision of certain resources necessary for the functioning of the judicial system,
taking into account the appointment of a sufficient number of judges for the level of
detention, providing the courts with the necessary personnel and equipment, and
providing judges with a decent level of personal security, retirement and wages [1].
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Карпушова, О. В. "Проблеми правового регулювання праці суддів в умовах євроінтеграції України". Thesis, КНУ ім. Т. Г. Шевченка, 2020. http://openarchive.nure.ua/handle/document/14013.
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Дисертацію присвячено визначенню та вирішенню проблемних аспектів правового регулювання праці суддів у межах поглибленої євроінтеграції України. Надано комплексну соціально-правову характеристику праці суддів, а саме розкрито соціальне значення праці суддів, визначено критерії та ознаки якісної роботи суддів, що засвідчують її належний соціальний вплив. Встановлено актуальні перешкоди ефективній роботі суддів в Україні, а також стан виконання державою євроінтеграційних завдань відносно поліпшення функціонування судів та суддів. Окреслено комплекс теоретичних і практичних проблем, які перешкоджають забезпеченню трудових прав суддів в Україні, впровадженню в систему правосуддя стандартів гідної праці на всіх етапах існування трудових правовідносин із цією категорією працівників: під час виникнення трудових відносин із кандидатами на посаду судді, у процесі перебігу та припинення трудових відносин із суддями. На підставі аналізу судової практики щодо захисту трудових прав суддів в Україні на кожному з означених етапів встановлено реальні проблеми, з якими стикаються судді на практиці під час реалізації свого права на працю, а також визначено роль судового захисту прав суддів у нашій державі. Виявлено особливості правового регулювання виникнення, перебігу та припинення трудових правовідносин за участю суддів в окремих державахчленах ЄС. Враховуючи проаналізований зарубіжний досвід, сформульовано конкретні пропозиції щодо вдосконалення національного законодавства у досліджуваній сфері. The dissertation is devoted to the search and solution of problematic aspects of legal regulation of judges' work within the framework of deep European integration of Ukraine. The study provides complex socio-legal characteristics of the work of judges. It defines the social significance of the work of judges, determinates the criteria and signs of quality work of judges, which confirm its proper social impact. A complex of theoretical and practical problems that hinder the provision of labor rights of judges in Ukraine and interfere the implementation of decent work standards in the justice system is described. The analysis of problems is made at all stages of the existence of labor legal relations with this category of workers: in the beginning of labor relations with candidates for the position of a judge, in the process and termination of employment with judges. Based on the analysis of judicial practice on the protection of labor rights of judges in Ukraine at each of these stages identified real problems faced by judges in practice during the realization of their right to work. The role of judicial protection of the rights of judges in state is also defined. Peculiarities of legal regulation of the emergence, course, and termination of employmentwith judges in some EU member states areinvestigated. Considering the analyzed foreign experience, specific proposals for improving national legislation in the study area are formulated.
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Sanchez, Lanna Seline. "The Stability Paradox of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation for a Stability-Aimed Visa." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/pomona_theses/222.
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As of May 2016, the U.S. State Department officially declared a priority date for all green cards for applicants from El Salvador, Guatemala, and Honduras that capped the number of visas granted to individuals from these three countries to just 10,000 per year. This inherently created a two to three-year backlog for Special Immigrant Juvenile Status applicants from these countries as well, meaning that SIJS petitioners will remain undocumented for periods of up to six years until their petition is adjudicated by USCIS and their priority date arrives. I research whether the increasingly difficult path to obtaining permanent residency through a Special Immigrant Juvenile Status petition is a result of a change in federal administrations––– between former President Obama’s covert mechanisms of marginalization and deportation of Central Americans to the overtly anti-immigrant rhetoric stemming from Trump––– or if SIJS backlogs are an inevitable phenomenon resulting from U.S. imperialism in Central America throughout the 20th century. I ground my research on pre-existing literature that explains the legal processes of obtaining permanent residency through a SIJS petition and include scholars’ criticisms of the interpretation of the policy by state and federal courts. To exemplify the complications that youth face while petitioning for SIJ status, I also incorporate the perceptions and experiences of several attorneys who have represented SIJS applicants and my own interpretations of how judges treat SIJS applicants courtrooms throughout Los Angeles County.
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Rackley, Erika Mary. "Undressing the judge : feminism, adjudication and the legal imagination." Thesis, University of Kent, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.399612.
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Dolan, Corrine, and Bill Mannan. "Legal Status of Wildlife." College of Agriculture and Life Sciences, University of Arizona (Tucson, AZ), 2009. http://hdl.handle.net/10150/146754.
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3 pp.<br>Tips for Arizona's Rural Landowners: Wildlife Unit<br>The Tips for Arizona's Rural Landowners Fact Sheet Series is intended to educate homeowners who have recently purchased small acreages in Arizona. The purpose of the series is to give homeowners information about living in rural settings. The Wildlife Unit includes fact sheets on wildlife habitat enhancement, the legal status of wildlife, venomous wildlife, wildlife transmitted diseases, aggressive wildlife and pet safety, wildlife-human conflicts, fencing, safe pesticide alternatives, and invasive wildlife.
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Misiūnas, Eimutis. "Legal Status of Police Officers." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100901_090346-02295.
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The thesis addresses legal status of police officers by scrutinizing efficiency of the institution, identifying the key determinants of the efficiency and modeling legal measures that would allow prompt reaction to the unstable environment of the police service. Efficiency of Legal Status is analyzed via assessment of elements of the legal status and classification of those into four correlative segments. The work comprises an eight year evolution of the efficiency, its sociological indexes in police services exercising patrolling of public places, control of traffic safety and protection of secured objects. The thesis evaluates effects of social environment (community) and political and economic factors upon efficiency of legal status in general and, by scrutinizing legal regulation in each segment individually, identifies faults and shortcomings in the efficiency and evaluates readiness of police officers to exercise their functions by comparison of training programs for primary pack police officers in Lithuania, Ireland and Finland. The thesis ends with a range of proposals on legal regulation of individual segments of the legal status that would allow enhancement of efficiency of legal status and on compensatory mechanisms to maintain restored efficiency of legal status. Conclusions of the survey reveal that the legal status of police officers regulated in accordance with positivistic legal theories is inefficient and neither meets demands of police officers nor the needs... [to full text]<br>Disertacijoje nagrinėjamas policijos pareigūnų teisinis statusas, tiriant šio viešosios teisės instituto veiksmingumą, nustatant ir įvertinant pagrindinius veiksmingumo determinantus ir modeliuojant teisines priemones, leidžiančias greitai reaguoti į kintančias policijos pareigūno veiklos sąlygas. Teisinio statuso veiksmingumas tiriamas vertinant teisinio statuso elementus, klasifikuojamus į keturis tarpusavyje koreliuojančius segmentus. Vertinama veiksmingumo pokyčio dinamika aštuonių metų laikotarpyje ir jo sociologiniai rodikliai policijos tarnybose, vykdančiose viešųjų vietų patruliavimą, eismo kontrolę ir objektų apsaugą. Disertacijoje įvertinama socialinės aplinkos (visuomenės), politinių ir ekonominių veiksnių įtaka teisinio statuso veiksmingumui apskritai ir kiekvienam teisinio statuso segmentui, analizuojamas segmentų teisinis reguliavimas, nustatant jo nepakankamumą ar ydingumą, vertinama policijos pareigūnų parengtis funkcijoms vykdyti, analizuojant ir lyginant Lietuvos Airijos ir Suomijos pirminės grandies policijos pareigūnų mokymo programas. Disertacijoje pateikiami pasiūlymai dėl teisinio statuso segmentų teisinio reguliavimo, sudarančio prielaidas didinti teisinio statuso veiksmingumą, ir dėl kompensacinių mechanizmų, skirtų palaikyti atkurtą statuso veiksmingumą. Tyrimo išvados atskleidžia, jog pagal pozityviosios teisės tradiciją reglamentuojamas ir įgyvendinamas policijos pareigūno teisinis statusas nėra veiksmingas, netenkina nei policijos pareigūnų, nei... [toliau žr. visą tekstą]
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Chiang, Huang-Chih. "The international legal status of Taiwan." Thesis, Queen Mary, University of London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336514.
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Dikigoropoulou, Nasia. "The legal status of sustainable development." Thesis, Swansea University, 2016. https://cronfa.swan.ac.uk/Record/cronfa41151.
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Despite the widespread endorsement and political appeal of sustainable development, its seemingly ambiguous and vague nature has raised considerable controversy as its normative content and legal implications. That sustainable development was to have normative significance was evident since its introduction on the international political agenda by the 1987 World Commission on Environment and Development. The declaratory instruments which were subsequently adopted, and particularly the 1992 Rio Declaration and Agenda 21, have emphasized the need for the progressive development of international law on sustainable development. Despite developments, however, over the past 30 years and the widespread political endorsement of sustainable development by the international community, the legal status of sustainable development remains the subject of debate. Indeed there is little evidence to support a claim that there exists a legal obligation for states to develop sustainably. Nonetheless, it is proposed that, although international law may not strictly require development to be sustainable; there is a procedural obligation on states to adopt the appropriate state conduct and governance processes to strive to make progress towards sustainable development. The treaties and soft law documents which have endorsed sustainable development require states to adopt the necessary means to promote, ensure, contribute to, or work towards the fulfillment of the sustainable development objective. In this respect, its normativity lies not in requiring that a specific end result be fulfilled, but in requiring the adoption of all possible and available means necessary to strive to achieve that result. Its core principles of integration, ecological sustainability and public participation, provide for an identifiable list of measures which may be expected to be implemented by states as part of their efforts to facilitate progress to sustainable development, and against which state conduct may be assessed. Specific tools have been developed to facilitating the implementation of this obligation. The most notable of these is the environmental assessment regime. The environmental assessment process has been interpreted by the European Court of Justice as an instrument for sustainable development in light of its core principles. National case law in Cyprus also indicates that the national court has interpreted the law on environmental impact assessment in a way which recognizes such an obligation.
Books on the topic "Legal status of a judge"
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New York (State). Permanent Judicial Commission on Justice for Children. Report to Chief Judge Sol Wachtler. The Commission, 1992.
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Reed, Patrick K. Judge Sonia Sotomayor : selected options. Edited by Reed Patrick K and Library of Congress. Congressional Research Service. Nova Science Publisher, 2009.
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ARMY, U. S. DEPT OF THE. Legal support to operations. Headquarters, Dept. of the Army, 2000.
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Vigil, Ralph H. Alonso de Zorita: Royal judge and Christian humanist, 1512-1585. University of Oklahoma Press, 1987.
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Duderstadt, Jochen. Die nichteheliche Lebensgemeinschaft: Der aktuelle Leitfaden für junge Rechtsanwälte : Rechtsverhältnisse. 2nd ed. Luchterhand, 2004.
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1966-, Renne Jennifer L., ed. Child safety: A guide for judges and attorneys. American Bar Association, 2009.
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Australian Institute of Aboriginal and Torres Strait Islander Studies. Native Title Research Unit, ed. Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2008.
Find full textBook chapters on the topic "Legal status of a judge"
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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.
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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.
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Cohn, Ellen S., and Susan O. White. "Offender Status." In Legal Socialization. Springer New York, 1990. http://dx.doi.org/10.1007/978-1-4612-3378-7_9.
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Baetens, Freya. "In memoriam: Judge James Crawford." In Reimagining the International Legal Order. Routledge, 2023. http://dx.doi.org/10.4324/9781003388821-33.
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Almeida, Paula Wojcikiewicz. "In Memoriam: Judge Antônio Trindade." In Reimagining the International Legal Order. Routledge, 2023. http://dx.doi.org/10.4324/9781003388821-34.
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Sourdin, Tania. "Regulating Judge Artificial Intelligence (AI)." In Legal Aspects of Autonomous Systems. Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-47946-5_13.
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Mouritsen, Stephen. "Ordinary meaning in common law legal interpretation." In Handbook of Terminology. John Benjamins Publishing Company, 2023. http://dx.doi.org/10.1075/hot.3.ord1.
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Judges in the United States frequently appeal to the concept of “ordinary meaning” when tasked with interpreting legal texts. Yet U.S. judges lack a shared, coherent definition of what “ordinary meaning” actually means and they lack a shared, coherent method for discovering “ordinary meaning”. This chapter addresses some of the ways that U.S. judges characterize “ordinary meaning”. It also discusses how judges go about searching for “ordinary meaning.” The chapter also proposes that legal interpreters should place more reliance in usage evidence when tasked with interpreting a legal text and finding its “ordinary meaning”.
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Jackson, John, and Sean Doran. "Judging Fact." In Judge Without Jury. Oxford University PressOxford, 1995. http://dx.doi.org/10.1093/oso/9780198258896.003.0008.
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Abstract Although countless volumes have been written on judicial reasoning about the, law, less attention has been given to fact-finding in forensic contexts. Some interest was expressed by legal realists in the early part of this century, particularly by Frank who tried to shift the focus of realist attention from ‘rule-skepticism’ to ‘fact-skepticism’.1 From a different perspective, Wigmore’s attempt to develop an interdisciplinary theory of evidence and proof, incorporating the legal, logical, psychological, and scientific aspects of the subject fell largely on deaf ears.2 In more recent years, however, there has been a burgeoning of interest in theoretical aspects of evidence, particularly in the United States where the mistaken attempt in one case to apply probability theory to the evidence led to a lively debate about the uses of probability theory in legal fact-finding.
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Terris, Daniel, Cesare P. R. Romano, and Leigh Swigart. "Tests of Character Earning Respect." In The International Judge. Oxford University PressOxford, 2007. http://dx.doi.org/10.1093/oso/9780199238736.003.0006.
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Abstract The caustic social critic H. L. Mencken once defined a judge as “a law student who marks his own examination papers. “1 The bite of the remark draws on widespread public perception that judges make the rules for themselves as well as for everyone else. As young and fragile institutions, the international courts depend even more than other legal institutions on the ethical standards and the perceived integrity of their judges. Issues of judicial accountability have been prominent in the United States in recent years, as interest groups from across the political spectrum have accused judges of putting personal opinions and/or political motives before fidelity to the law.
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Kloppenberg, Lisa. "A Trailblazer promoting Justice and Peace." In The Best Beloved Thing is Justice. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197608579.003.0001.
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Dorothy Wright Nelson was a pioneer in the U.S. legal education and the judiciary from the 1950s through the early part of the 21st century. This introduction traces her incredible journey from a typical California girl of the 1930s and 1940s to a legal powerhouse whose work to promote peace and justice impacted courts around the globe. It previews the life story of an extraordinary female trailblazer in a highly traditional, male-dominated profession, unafraid to challenge the status quo professionally while serving as a leader for the Bahá’í Faith in the United States. Dorothy was devoted to her husband of more than 60 years, James Nelson, a state court judge and also a leader in their Bahá’í Faith. In a loving, equitable partnership, they raised two children, enjoyed their extended family, traveled the globe to teach judges, and free persecuted Bahá’ís. As an early female teacher, scholar, dean, and federal judge, Dorothy worked to improve legal education and the courts. She promoted alternatives to resolve cases more quickly, efficiently, and amicably. Her deeply felt Bahá’í faith inspired all of her work, from opinions supporting the marginalized and powerless to creation of the Western Justice Center Foundation. Her legacy extends to global court reforms, mentoring of leaders in legal education, and leadership for Bahá’í communities.
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Calabresi, Steven Gow. "The Civil Law Legal Tradition." In The History and Growth of Judicial Review, Volume 2. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.003.0002.
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This chapter traces the origins and development of the civil law legal tradition, which assigns to judges only a mechanical, highly constrained form of decision-making. The civil law legal tradition is characterized globally by a historical reliance on Roman law; a modern rationalist code and no body of judge-made case law under the code; textualism and formalism; and the absence of jury trial and an inquisitorial approach to civil and criminal procedure. The civil law tradition allows judicial review, which has been seen as being inherently political, to be exercised soley by a separate institution, called a Constitutional Court, which alone interprets and enforces the Constitution and which is de facto the most important court in the country, even though de jure there are coequal courts of cassation and councils of state. Traditionally, judges received little social deference and were low on the hierarchy of status in civil law countries, whereas scholars and codifiers came first. The civil law legal tradition conceives of the separation of powers in a very wooden, ahistorical way that precludes judges from ever making policy by deciding administrative law and constitutional law cases. It was therefore necessary to create powerful constitutional courts as a specially chosen fourth branch of government in order for judicial review to work in civil law countries. The chapter conclude by looking at the court systems in civil law countries, which typically have three supreme courts: 1) a constitutional court; 2) a court of cassation; and 3) a council of state.
Conference papers on the topic "Legal status of a judge"
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Savvulidi, R. D. "The legal basis for the status of a judge in the Russian Federation." In НАУКА РОССИИ: ЦЕЛИ И ЗАДАЧИ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/sr-10-08-2018-13.
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Vainer, Ye Ye. "Eculiarities of the administrative and legal status of a judge of the Supreme Court." In THEORETICAL FOUNDATIONS OF LAW, PUBLIC MANAGEMENT AND PRACTICE OF THEIR APPLICATION. Baltija Publishing, 2024. https://doi.org/10.30525/978-9934-26-526-6-19.
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Bragoi, Constantin. "Victim of offenses involving interference in the administration of justice and in the criminal prosecution (art. 303 CC RM)." In Conferința științifică națională cu participare internațională "Integrare prin cercetare și inovare", dedicată Zilei Internaționale a Științei pentru Pace și Dezvoltare. Moldova State University, 2025. https://doi.org/10.59295/spd2024j.01.
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In this article, we aim to analyze the characteristics of the victim of offenses provided for in Article 303 of the Criminal Code of the Republic of Moldova. The content of the paper analyzes the issues encountered in the legal and criminal classification of the offenses listed in relation to the victim’s status. As a result of the analysis conducted, it is concluded that the victim of the offenses under Article 303 of the Criminal Code of the Republic of Moldova can be a judge within a national or international court (paragraph (1) of Article 303 of the Criminal Code of the Republic of Moldova), as well as a prosecutor, criminal investigator, or the stuff of international courts (paragraph (2) of Article 303 of the Criminal Code of the Republic of Moldova).
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Petkevičiūtė-Barysienė, Dovilė. "HUMAN-AUTOMATION INTERACTION IN LAW: MAPPING LEGAL DECISIONS, COGNITIVE PROCESSES, AND AUTOMATION LEVELS." In International Psychological Applications Conference and Trends. inScience Press, 2021. http://dx.doi.org/10.36315/2021inpact070.
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"Legal technologies not only create new ways for accessing and providing legal services, but also transform the roles of legal practitioners. Major area of the application of legal technologies are courts. Some courts, e.g., in Austria, are already using legal technologies, Germany, Brazil, France, Netherlands, Russia and others are developing legal technologies. Both lawyers and users of legal services expect automated solutions to outperform people with efficiency, objectivity and impartiality. Although perception of various characteristics of legal technologies is crucial to their implementation and use, research on the perceived characteristics of the automated processes in legal contexts have just begun. One of the major obstacles to this research is lack of comprehensive understanding what legal actions could be or already are meaningfully automated, and to what extent. The aim of this study is to map decision making stages, and automation levels, and information processing features of legal activities related to (pre)trial processes. Major legal decisions and judgments related to trial processes are identified during the consultations with legal practitioners (e.g., prosecutor, judge). Next, legal activities were described and arranged according to four-stage decision making process: information acquisition, information analysis, decision selection and decision implementation. A taxonomy of levels of automation (LOA) was customized to fit legal decision making and applied to describe each major legal activity. Lastly, dual-process model of information processing was used to delineate possible roles of intuitive and rational information processing taking place during (pre)trial decision making as they could be related to human-automation interaction. Automation level analysis provides systematic approach to interaction between humans and algorithms, along with some groundwork for the research of legal technology perceived fairness and acceptance. 10 legal activities which apply both to judge’s and prosecutor’s (potentially any other lawyer’s) legal work were discerned. The application of adapted LOA (5 levels) provided some insights into legal decision making as it allows to place existing technology, test the trust in technology threshold, and have more tangible view of automation in legal activities. Moreover, a modified hybrid default-interventionist model is proposed. It brings even more depth into analysis by specifying the role of “legal” and “heuristic” intuitions as well as the part rationalization plays in potential bias sources and formation."
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Panagopoulos, Alexios, and Vassilios Anyfantis. "CONSTITUTION, MORALS AND ETHICS." In International scientific conference „The constitution of the SFRY of 1974 - 50 years later. University of Kragujevac, Faculty of law, 2025. https://doi.org/10.46793/ustav74.085p.
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The article refers to the sensitive relationship of the constitution with morals and ethics. The rules of ethics derive from the conscience of each person, which becomes the natural lawgiver and judge of his actions, which is why a state of law must develop the moral self-awareness of its citizens. The center of our search also concerns the question of whether and to what extent the constitutions of European states, when indeed the concept of the rule of law prevails, if they finally accept individual morality and ethics and to what extent they can impose certain moral standards. Scientific research shows that modern and contemporary constitutional legislators tend to be self-restrained and neutral on the issues of morality, avoiding to legislate specific moral values. The statement applies both to constitutional rights and to the public and administrative organizational part, with some special nuances for private and public life. Our reflection concerns the European constitutional and international space, up to the legal framework of the European and American constitution. Human constitutional rights have a prominent place in our research, as they arise from the application and combined interpretation of the constitution for the European Convention on Human Rights (ECHR) and the constitutional Charter of Fundamental Rights of the European Union. We conclude that legislative and constitutional value is aided by the formation of personal morality and ethics towards our fellow human beings. The position of ethics in constitutional public life is also examined, where self-restraint should prevail in matters of public political ethics, without ignoring that what is being sought is the due fight against public political corruption and care for the sanitization of constitutional political morals.
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"JUDGE AS AN INDEPENDENT PARTICIPANT OF CRIMINAL PROCEEDINGS." In LEGAL ISSUES OF STRENGTHENING RUSSIAN STATEHOOD. Vol. 79. Tomsk State University, 2018. http://dx.doi.org/10.17223/9785946217637/16.
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Ferrand, Luc, and Isabelle Pesquie-Geday. "Hammurabi, the legal expert assistant platform for the French judge." In the Fourteenth International Conference. ACM Press, 2013. http://dx.doi.org/10.1145/2514601.2514636.
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Zuhdi, Syaifuddin, and Rizki Widyawati. "The Islamic Legal Maxims in Consideration of Religious Court Judge." In International Conference on Community Empowerment and Engagement (ICCEE 2021). Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220501.032.
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Polo, Felipe Maia, Itamar Ciochetti, and Emerson Bertolo. "Predicting legal proceedings status." In ICAIL '21: Eighteenth International Conference for Artificial Intelligence and Law. ACM, 2021. http://dx.doi.org/10.1145/3462757.3466138.
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Khasanova, A. R. "The legal status of teachers." In Научные тенденции: Педагогика и психология. ЦНК МОАН, 2018. http://dx.doi.org/10.18411/spc-04-12-2018-05.
Full textReports on the topic "Legal status of a judge"
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Brink, Malia, Pamela Metzger, and Jiacheng Yu. How to Solve the Initial Appearance Crisis. SMU Dedman School of Law, 2023. http://dx.doi.org/10.25172/dc.11.
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Across the United States, people are arrested and held behind bars for days, weeks, and sometimes even months, without ever seeing a judge or attorney. These delays violate the United States Constitution’s promise that an arrested person—who is innocent unless proven guilty—will have prompt access to the courts, the assistance of counsel, and a fair and speedy trial. These due process milestones begin at initial appearance: the first time an arrested person sees a judge about their case. At an initial appearance, the judge should inform an arrested person of the charges against them. The judge should also make an informed decision about whether, and under what conditions, to release a person from jail pending trial. The judge should hold this initial appearance promptly after arrest, and an attorney should advocate for the arrested person. Too often, none of these things happen. This policy brief outlines five best legal practices for jurisdictions to honor the United States Constitution and protect the rights of all arrested people. In addition to detailing each best practice, the publication outlines strategies for success that jurisdictions can use when implementing these vital policies.
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Sullivan, Gordon R. Legal Services: Judge Advocate Legal Services. Defense Technical Information Center, 1996. http://dx.doi.org/10.21236/ada403136.
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Brink, Malia, Jiacheng Yu, and Pamela Metzger. Grading Injustice: Initial Appearance Report Cards. SMU Dedman School of Law, 2022. http://dx.doi.org/10.25172/dc.9.
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Arrested people across the United States often wait in jail for days, weeks, or even months before seeing a judge or meeting an attorney. In November 2021, the Deason Criminal Justice Reform Center published Ending Injustice: Solving the Initial Appearance Crisis, a comprehensive report about this ongoing crisis in pre-trial due process. That report described the devastating consequences of delayed and uncounseled initial appearances. Now, these Initial Appearance Report Cards offer a closer look at the laws governing post-arrest procedures in each U.S. state, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. While the Deason Center’s previous report provided an overview of the initial appearance crisis nationwide, the Initial Appearance Report Cards are a rigorous assessment of the laws in almost every jurisdiction in the country. These report cards reveal enormous gaps in the legal protections accorded to people accused of crimes, illuminating both the scope of the initial appearance crisis and our urgent need to solve it.
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Cascio, Elizabeth, Paul Cornell, and Ethan Lewis. The Intergenerational Effects of Permanent Legal Status. National Bureau of Economic Research, 2024. http://dx.doi.org/10.3386/w32635.
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Mastrobuoni, Giovanni, and Paolo Pinotti. Legal Status and the Criminal Activity of Immigrants. W.E. Upjohn Institute, 2014. http://dx.doi.org/10.17848/wp14-212.
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Bray, T. An HTTP Status Code to Report Legal Obstacles. RFC Editor, 2016. http://dx.doi.org/10.17487/rfc7725.
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Elnour Abdelkarim, Zeinab. Assessing Sudan's Electoral Legal Framework. International Institute for Democracy and Electoral Assistance, 2022. http://dx.doi.org/10.31752/idea.2022.18.
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Assessing Sudanʼs Electoral Legal Framework provides an in-depth insight and analysis of Sudanʼs current legal framework for elections. It measures Sudanʼs legal electoral framework against a common international understanding of the principles, norms and obligations that define credible and democratic elections. The objective of this analysis is not to criticize or pass judgement on the countryʼs existing electoral processes; instead, it offers an unbiased assessment of how Sudanʼs existing electoral laws and country context create an enabling or disabling environment for free and fair elections. It provides comprehensive and constructive recommendations to strengthen existing legislation and improve fairness, uniformity, reliability, consistency and professionalism in Sudanʼs future elections. This Report also assesses the status of core democratic principles and freedoms that provide the foundation for credible elections and highlights any restrictions on these fundamental rights and liberties that could interfere with the countryʼs upcoming elections or delay its political transition. It calls upon the transitional government to protect citizensʼ rights and liberties and prevent abuses that may influence public trust, fairness, and openness of electoral and other transitional processes. Lastly, this Report discusses political, socio-economic, and legal issues impacting Sudanʼs roadmap to democratic transition before the October 2021 military coup.
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.
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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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Denysenko, Artur, Meredydd Evans, Nazar Kholod, Neil Butler, and Volha Roshchanka. Legal and Regulatory Status of Abandoned Mine Methane in Selected Countries: Considerations for Decision Makers. Office of Scientific and Technical Information (OSTI), 2018. http://dx.doi.org/10.2172/2333653.
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Cascio, Elizabeth, Ethan Lewis, and Chengguo Zhang. How Good are Proxies for Legal Status? Evidence from the Legalization of Two Million Mexicans. National Bureau of Economic Research, 2024. http://dx.doi.org/10.3386/w32632.
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