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Journal articles on the topic 'Ruler's court'
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1
MYERSON, ROGER B. "The Autocrat's Credibility Problem and Foundations of the Constitutional State." American Political Science Review 102, no. 1 (February 2008): 125–39. http://dx.doi.org/10.1017/s0003055408080076.
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A political leader's temptation to deny costly debts to past supporters is a central moral-hazard problem in politics. This paper develops a game-theoretic model to probe the consequences of this moral-hazard problem for leaders who compete to establish political regimes. In contests for power, absolute leaders who are not subject to third-party judgments can credibly recruit only limited support. A leader can do better by organizing supporters into a court which could cause his downfall. In global negotiation-proof equilibria, leaders cannot recruit any supporters without such constitutional checks. Egalitarian norms make recruiting costlier in oligarchies, which become weaker than monarchies. The ruler's power and limitations on entry of new leaders are derived from focal-point effects in games with multiple equilibria. The relationships of trust between leaders and their supporters are personal constitutions which underlie all other political constitutions.
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Meirison, Meirison, and Desmadi Saharuddin. "The Distinction of Government Administration and Judicial Institutions in The Umayyad Dynasty." Buletin Al-Turas 27, no. 1 (January 30, 2021): 123–38. http://dx.doi.org/10.15408/bat.v27i1.17286.
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This paper aimed to reveal the government administration system's distinction in finance and justice that existed in the Umayyad. The Umayyad had the right side in improving government administration, finance, economy, and justice. To what extent was the reform and distinction of government administration, finance, and judiciary pursued by the Umayyad that led to society's benefit besides the atrocities he had ever made? The researchers conducted a library study with a descriptive analysis approach, collected sources, verified, and interpreted the policies and updates made by the Umayyad. The study showed the Umayyad had made distinctions and reforms that brought about a lot of benefits. Although they seemed the duplication of Persian and Roman governments, financial administration policies still referred to Islamic rules and were not influenced by Rome and Persia. The most significant reform was establishing the Mazalim Court separated from the ordinary judiciary. The perpetrators of this crime were not ordinary people but state officials handled directly by the caliph and judges who could act reasonably and act decisively. A vast area of neat administration supported the economic activity, and along with Islamic law, the Umayyad did not exercise a monopoly. However, this government lasted shortly for 90 years (661-750 AD) because of the power succession policy, the ruler's lifestyle, fanaticism, and political opponents' attack.
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Keenan, Edward. "Ivan the Terrible and His Women." Russian History 37, no. 4 (2010): 322–59. http://dx.doi.org/10.1163/187633110x528654.
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AbstractThis article presents the text of two lectures delivered by the author in the Kathryn W. Davis Lecture Series at Wellesley College on January 31 and February 21, 1980. In the first lecture, the author describes the “grammar” of the Muscovite political system, which was established after the Muscovite dynasty's victory over its rivals (and relatives) in the civil wars of the mid-fifteenth century and which established succession by primogeniture in the ruling house. That system was, according to the author, founded on a collaborative power arrangement between the grand prince and his boyars, and was united and reinforced by a web of interconnecting marriages over several generations, the most important marriage in each generation being the ruler's. Politics in this system was marriage politics, and the product of it was an oligarchical political system built on kinship and consensus. In the second lecture, the author focuses on the role women played in Muscovite political culture. Here the emphasis is on both elite women—the wives, mothers, sisters, and aunts of the rulers—and the nannies, drawn usually from humbler backgrounds, who served in the Kremlin and introduced to those living there many of the conventions of language and literature that remain a foundation of modern Russian. These lectures offer a synthetic approach to the political culture of Muscovy, uniting an innovative anthropological perspective on court politics with a pathbreaking analysis of the lasting impact women had on the culture—political, social, biological, and linguistic—in the Kremlin.
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Tracy, James D. "Asian Despotism? Mughal Government as Seen From the Dutch East India Company Factory in Surat." Journal of Early Modern History 3, no. 3 (1999): 256–80. http://dx.doi.org/10.1163/157006599x00260.
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AbstractIn the current debate about early modern European perceptions of Asia, the rich documentation produced by the Dutch East India Company has been largely overlooked. The Surat factory, whose correspondence is extant from 1636, was in close connection with the centers of Mughal authority, and the factory here, unlike in some other Dutch outposts, was never allowed to be transformed into a fortified enclosure from which the "hatmen" could challenge the agents of the state with impunity. In published accounts of Asian government, including those written in Dutch, "despots" held sway over lands whose only law was the ruler's whim. But Company documents from Surat (and elsewhere in India) consistently depict local officials as manipulating for their own profit their control over European trade, often in flagrant disregard of trading privileges carefully negotiated with the Mughal court. The image of an all-powerful sovereign, though not altogether absent, is sometimes evoked as a way of explaining to Company superiors in Batavia (Djakarta) or Amsterdam why their servants in Surat could not do as they were bidden. But if Company men developed over time a credible local knowledge of Mughal government, they were no different from stay-at-home European Christians in their view of the Mughal realm's Muslim elites: in this age of continuing warfare between Christendom and Islamdom, a "faithless Moor" was always and everywhere the same.
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Korzinin, A. L., and V. V. Shishkin. "The Court of the Grand Prince of Muscovy and the Court of France in the 14th–16th Centuries: Comparing the Incomparable? (Государев двор России и королевский двор Франции в XIV–XVI вв." Canadian-American Slavic Studies 50, no. 4 (2016): 399–438. http://dx.doi.org/10.1163/22102396-05004003.
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This study compares the organization, function, and personnel of the royal courts in Muscovy and France in the fourteenth through sixteenth centuries, a period vital to the consolidation of monarchical power in both states. The article traces the rise and parallel development of the ruler’s court in Muscovy and France, and makes the case for significant similarities between the two. In both, membership in the court elite was rooted in similar social and political structures (in Muscovy, membership in the elite was rooted in birth and longtime service to the ruler, while in France it was rooted in birth and proximity to the king), and both courts were positioned in similar ways at the center of politics and religious culture. The similarities between Muscovy and France become especially apparent during the reigns of Ivan IV and Henry III, when both monarchs instituted reforms aimed at strengthening central monarchical power and institutions, and when the rulers were confronting significant centrifugal pressures among the nobility and regional elites. The article argues that the court of the Grand Prince of Muscovy in the second half of fifteenth and first half of the sixteenth centuries was in function, structure, and ritual form very close to that of many other Renaissance courts of Europe, particularly to that of France.
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Maghsoudpour, Rasoul, and Malihe Yavari Tamam. "An Introduction to the System of Appeals in Iran, Egypt and France." International Law Research 9, no. 1 (July 3, 2020): 72. http://dx.doi.org/10.5539/ilr.v9n1p72.
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The present study aims at exploring the system of appeals in Iran, Egypt and France in order to gain a better understanding of those systems. Firstly, the French legal system is explored. The organization of the French courts consists of the Court of First Instance, the Court of Appeal, and The Cour de Cassation. Under the French legal system, there are a few specific rules concerning appeal from judgment and appeal from other factors. Secondly, the Egyptian legal system as a codified law system was considered. It consists of three courts of First, Instance and Cassation. In fact, the Egyptian court of Appeal reconsiders felony cases. In general, the Egyptian Courts of appeal include eight courts and each court is independent and hears specific kinds of Claims such as economical and criminal matters. Thirdly, Iranian appeal system such as its deadline, effects and types is examined.
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Vojvodic, Dragan. "From the horizontal to the vertical genealogical image of the Nemanjic dynasty." Zbornik radova Vizantoloskog instituta, no. 44 (2007): 295–312. http://dx.doi.org/10.2298/zrvi0744295v.
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Sometime in the XIV century, towards the end of the second or beginning of the third decade, the 'horizontal genealogical image' of the Serbian rulers gave way to a new depiction of their genealogy. We find the earliest surviving Nemanjic family tree, painted in a vertically arranged composition in the narthex of Gracanica, followed by those in Pec, Decani, Mateic and Studenica. The appearance of the new type of image presenting the Serbian dynastic genealogy was, on the one hand, due to the problems caused by the ever lengthening series of rulers' portraits. They led to the deformation of the thematic programmes and did not correspond to the dynamic spirit of 'Palaeologan renaissance' art. On the other hand, from the mid-XIII century there was a obvious intention to link the idea of a 'chosen people' and the genealogy of Christ with the Nemanjic dynasty. This process unfolded simultaneously in literature, royal charters and visual art. It was facilitated by the fact that presentations of Christ's genealogy - the Tree of Jesse - were introduced in the programmes of Serbian churches from the second half of the XIII century. A correspondence had already been established between the presentations of Christ's genealogy and the portraits of the Nemanjic family included in the broader thematic ensembles inspired by dynastic ideology, in Sopocani and, subsequently, in Moraca, Arilje and the King's Church in Studenica. Even in the description of the family tree of the Serbian dynasty itself, the notions of 'pious lineage', 'the holy root', 'the branch of good fruit', 'the blessed shoots' etc. were used in the written sources. In this way, a process gradually matured along the path towards creating a dynastic picture of the house of Nemanjic that was iconographically coordinated to the Tree of Jesse. However, the 'vertical' family tree of the Nemanjici was not a simple transposition of the 'horizontal genealogy' into the structure of the new iconographic scheme. It is possible to notice significant contextual differences between the two types of the Serbian dynastic picture, especially regarding the presentation of the rulers' wives or the rulers' daughters, or male relatives from the lateral branches. A number of questions that had earlier been of particular importance, such as the order of succession to the throne through the direct bloodline, became submerged in a multitude of new messages and slowly lost significance. The 'vertical' family tree of the Nemanjici focused far more on the proclamation of general dynastic messages. As a more developed and complex picture than the 'horizontal' genealogy, it was able to convey more carefully nuanced details about what effect dynastic history had on the awareness of the court. Apart from that, in contrast to the presentations of XIII century 'horizontal genealogies' that illustrated Nemanja and his direct successors as monks, the new type of dynastic picture quite clearly stressed the 'imperial' nature of the ruler's family. A similar change of meaning can also be noted in contemporaneous royal charters. One should view this interesting phenomenon through the prism of the increasingly tangible influences of Byzantine imperial ideology on Serbian dynastic thought. The distinct influence of Byzantine perceptions can also be recognized in the motive of the ruler's investiture being performed by God himself, depicted at the top of the Nemanjic family tree. Therefore, the new Serbian genealogical picture reflected much more clearly than its predecessor, the Byzantine teachings about power, which blended the 'dynastic principle' with dogma regarding the providential election of the ruler. In later monuments, where a composite family tree was depicted, linking the Nemanjic dynasty to the Byzantine and the Bulgarian royal families (Mateic, and perhaps even Studenica), the concept of the 'new Israel' was redefined in Serbian imperial ideology, according to the universalistic views adopted from Byzantium. Although all the essential iconographic details of dynastic genealogy in the form of the family tree were of Byzantine origin, no credible testimonies were found in scientific research that the theme itself was designed in artistic form in Byzantium. Hence, one cannot exclude the possibility that the Nemanjic family tree was an authentic, iconographic creation devised in Serbia. With the necessary caution, here, we should stress that the Serbian environment was quite singular because it had a long lasting and, moreover sacred dynasty. For that reason it was particularly absorbed in dynastic issues and the idea of 'a new chosen people'. That environment traveled the path to a 'vertical' dynastic picture slowly, following the evolutionary logic of its own culture and art.
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Kalic, Jovanka. "Despot Stefan and Byzantium." Zbornik radova Vizantoloskog instituta, no. 43 (2006): 31–40. http://dx.doi.org/10.2298/zrvi0643031k.
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The topic of this paper is one aspect of the relationship between Serbia and Byzantium at the beginning of the 15th Century, during the so-called "despot period" of the reign of Stefan Lazarevic (1402-1427), namely the fate of the Byzantine title of Despots' in Serbia against the background of the political situation in the Balkans at the time of Turkish domination. Knez Stefan (1377-1427), Knez Lazar's son, received the title of Despotes according to the procedure long ago established at the Byzantine Court. In Byzantium, this title, which was second in rank only to the title of the Emperor, used to be endowed to the relatives of the imperial dynasty, it was not hereditary and did not depend on the territory ruled by the bearer of the title. It was a personal court title of the highest rank in Byzantium. This honor was bestowed upon the young Knez Stefan in summer of 1402 after his return from the battlefield of Angora (Ankara), where Sultan Beyazid I suffered a disastrous defeat from the hands of the Tatars. The Serbian Knez was solemnly received in Constantinople, a marriage between himself and a sister of the Byzantine Empress was arranged and John VII Palaeologus, the co-regent of the then-absent Emperor Manuel II Palaeologus, endowed him with the title of Despotes. Knez Stefan carried this title till the end of his life. It was held in great honors in Serbia and was broadened in meaning to designate a ruler's title in general, remaining alive among the Serbs even after the fall of the Byzantine Empire. Stefan Lazarevic received the dignity of a Despotes once more, in 1410 in Constantinople. All this notwithstanding, the political situation in the South-East of Europe at the beginning of the 15th Century was all but favorable. Some Christian states were conquered by the Turks (Bulgaria), some were vassals of the Sultan (Byzantium, Serbia). Everything depended on the Ottomans. At the time of dynastic conflicts in the Turkish Empire (1403-1413) as well as afterwards, the political interests of Byzantium and Serbia were different, even at times contrary. What they had in common was the attempt to find allies in the West, especially among the countries which had an interest to fight against the Turks, so an initiative was raised to form a Christian League to that effect. Despot Stefan, in his capacity as a vassal of the Hungarian King Sigismund of Luxembourg, took part in the negotiations the Byzantine Emperor John VIII Palaelogus held in Buda with his host (1424). This was the last meeting of the Serbian Despotes with the Byzantine Emperor. The title of Despotes had changed with respect to the Byzantine norms. Despot Stefan became the Despotes of the Kingdom of Rascia (Raska), as the Kingdom of Serbia was called in the West. The personal title of the Byzantine Imperial Court was thus transformed in accordance with the non-Byzantine traditions of the Serbian political ideology. .
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Chamberlain, R. T. "Role of the clinical toxicologist in court." Clinical Chemistry 42, no. 8 (August 1, 1996): 1337–41. http://dx.doi.org/10.1093/clinchem/42.8.1337.
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Abstract The clinical toxicologist may play a role in court when issues arise concerning therapeutic drug monitoring, drug abuse, environmental chemicals, or toxic torts, where the traditional forensic toxicologist may not have expertise. Beyond being credible in court, the toxicologist's testimony must be based on good scientific evidence. The ruler for measuring good scientific evidence had previously been the Frye Test, or the general acceptance test. In 1993, however, the US Supreme Court established four balancing tests that should be used for the admissibility of scientific evidence. Although the ruling is binding only in federal courts, state courts are expected to follow. When testifying, the clinical toxicologist should be aware of other court rules and expectations. As with all testimony, objections from opposing counsel can be raised to disallow the presentation of evidence by a toxicologist. The toxicologist is usually used to establish causation of injury, whether from negligence, prenatal injury, or environmental chemicals. Several examples are presented.
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VAN ALEBEEK, ROSANNE. "Domestic Courts as Agents of Development of International Immunity Rules." Leiden Journal of International Law 26, no. 3 (July 31, 2013): 559–78. http://dx.doi.org/10.1017/s0922156513000241.
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AbstractThis paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to international-court decisions) in that process results in a different role, and concomitant different rules, in the process of interpretation of rules of international law. The paper argues that while domestic courts are as a matter of international law bound by the same rules of interpretation as international courts, they are particularly well placed to address access to court concerns raised by immunity rules and may play a prominent role in the development of international law in this field in the years to come.
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CARRUBBA, CLIFFORD J., and TOM S. CLARK. "Rule Creation in a Political Hierarchy." American Political Science Review 106, no. 3 (July 30, 2012): 622–43. http://dx.doi.org/10.1017/s000305541200024x.
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Principal-agent relations are replete in politics; politicians are agents of electorates, bureaucrats are agents of executives, lower courts are agents of upper courts, and much more. Commonly, principals are modeled as the rule-making body and agents as the rule-implementing body. However, principals often delegate the authority to make the rules themselves to their agents. The relationship between the lower federal courts and the Supreme Court is one such example; a considerable portion of the law (rules) is made in the lower federal courts with the Supreme Court serving primarily as the overseer of those lower courts’ decisions. In this article, we develop and test a principal-agent model of law (rule) creation in a judicial hierarchy. The model yields new insights about the relationship among various features of the judicial hierarchy that run against many existing perceptions. For example, we find a non-monotonic relationship between the divergence in upper and lower court preferences over rules and the likelihood of review and reversal by the Supreme Court. The empirical evidence supports these derived relationships. Wider implications for the principal-agent literature are also discussed.
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Waluyo, Bernadette M. "ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019." Veritas et Justitia 6, no. 1 (June 28, 2020): 237–50. http://dx.doi.org/10.25123/vej.3883.
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The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.
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Rojo, Enrique Carnero, and Maria Nybondas. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 9 (December 2006): 311–61. http://dx.doi.org/10.1017/s1389135906003114.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
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Guellai, Amna, and Enrique Carnero Rojo. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 10 (December 2007): 133–97. http://dx.doi.org/10.1017/s138913590700133x.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
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Guellali, Amna, and Enrique Carnero Rojo. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 11 (December 2008): 255–372. http://dx.doi.org/10.1017/s1389135908002559.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
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Vorobiei, Ye S., Ye A. Kobrusieva, and S. S. Fedorishchev. "THE PROBLEM OF APPLICATION OF THE LEGISLATION ON CONSIDERATION OF THE QUESTIONNAIRE OF THE INFRINGEMENT TO THE COURT." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 129–33. http://dx.doi.org/10.15421/391928.
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The article deals with issues of disrespect to the court and the problems of the application of legislation aimed at preventing and terminating this phenomenon. Proposals for elimination of certain shortcomings of the current legislation are given. The approaches of scholars to the definition of “contempt of court” are analyzed and what enforcement measures are applied in accordance with the current legislation in case of committing administrative offenses of this category. The authors emphasize that today in the legislation of Ukraine there is no separate normative legal act that would determine the complete list of acts that fall under the definition of “disrespect to the court” and the range of responsible ones. It is shown that contempt of the court may be manifested both in the form of active actions and in the form of inactivity. Thus, active actions indicating disrespect for the court include the failure of the witness, the victim, the plaintiff, the defendant and other citizens to order the presiding judge, the violation of the order in the court, as well as the commission of any actions that indicate an obvious neglect of the court or established in court rules. The forms of inactivity include the absence of participants in the trial in court, which is one of the main reasons for the breach by the courts of Ukraine of time-limits for the consideration of cases of different categories by the courts of Ukraine. In general, the spread of disrespect to the court, the avoidance of guilty parties legal liability for such an offense, the lack of adequate premises for the courts, etc., lead to a failure by the Ukrainian state to fulfill its obligations to ensure the right to a fair trial. It is concluded that the state of respect for the courts and judges in Ukraine, in particular, is generally negative in Ukraine. The existing provisions of national law governing liability for disrespect to the court have rather modest forms of punishment. Therefore, in our opinion, it is expedient to further elaborate the outlined issues for a clear definition of the notion of “disrespect for the court” and the introduction of the rules of conduct of citizens in court common to all courts.
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Rautenbach, Christa. "Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?" Potchefstroom Electronic Law Journal 22 (December 12, 2019): 1–20. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7591.
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This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules. When a mainstream court develops customary law to promote constitutional values or strikes customary law down for want of constitutionality, it creates new rules which are written down but which can easily be changed when society brings it to court and convinces the court that the rule needs to be changed. It is my contention that case law is a binding source of law, including customary law, which must be followed until such time that it is either absorbed into legislation or amended by a subsequent decision in terms of the principle of stare decisis. It gives us some measure of assurance as to the law to be followed. The high number of customary law disputes taken to a court of law is confirmation that traditional communities are embracing the power of the courts to settle their disputes. The judgments of these courts inevitably become the origins of customary rules that they develop and can thus be regarded as piecemeal recording of (living) customary law.
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Tang, Zheng Sophia. "EFFECTIVENESS OF EXCLUSIVE JURISDICTION CLAUSES IN THE CHINESE COURTS—A PRAGMATIC STUDY." International and Comparative Law Quarterly 61, no. 2 (April 2012): 459–84. http://dx.doi.org/10.1017/s0020589312000097.
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AbstractChinese judicial practice demonstrates great diversity in enforcing exclusive jurisdiction clauses. In practice, the derogation effect of a valid foreign jurisdiction clause is frequently ignored by some Chinese courts. It may be argued that these Chinese courts fail to respect party autonomy and international comity. However, a close scrutiny shows that the effectiveness of an exclusive jurisdiction clause has close connections with the recognition and enforcement of judgments. If the judgment of the chosen court cannot be recognized and enforced in the request court by any means, the request court may take jurisdiction in breach of the jurisdiction clause in order to achieve justice. Chinese judicial practice demonstrates the inevitable influence of the narrow scope of the Chinese law in recognition and enforcement of foreign judgments. It is submitted that the Chinese courts do not zealously guard Chinese jurisdiction, or deliberately ignore party autonomy and international comity. Instead, the Chinese courts have considered the possibility of enforcement of judgments and the goal of justice. Applying the prima facie unreasonable decision test is the best the courts can do in the specific context of the Chinese law. The status quo cannot be improved simply by reforming Chinese jurisdiction rules in choice of court agreements. A comprehensive improvement of civil procedure law in both jurisdiction rules and recognition and enforcement of foreign judgments is needed.
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LE MON, CHRISTOPHER J. "Post-Avena Application of the Vienna Convention on Consular Relations by United States Courts." Leiden Journal of International Law 18, no. 2 (June 2005): 215–35. http://dx.doi.org/10.1017/s092215650500261x.
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Following the judgment of the International Court of Justice in the Avena case, US courts have had a mixed record in applying the decision domestically. In this article, I examine the treatment by US courts of claims by criminal defendants alleging Vienna Convention violations, subsequent to the Avena judgment. First, I discuss the two limited decisions so far taken by the US Supreme Court regarding the Vienna Convention, and briefly explain several of the judicially-created rules that have prevented most US courts from reaching the merits of Vienna Convention claims. Next, I analyse the ICJ judgment in the LaGrand case, and provide an overview of the reception of that case by the US courts. After a summary of the Avena decision, I turn to the latest cases in which Vienna Convention claims based on Avena have been raised in US courts, focusing on the two most important decisions, and examining their contradictory rulings. As the US Supreme Court has now decided to hear an appeal in one of these cases, I conclude by arguing that the Supreme Court should take the opportunity to elucidate the role of the International Court of Justice in US law when the United States has consented to binding treaty interpretation by that court.
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Sanchez Urribarri, Raul A. "Courts between Democracy and Hybrid Authoritarianism: Evidence from the Venezuelan Supreme Court." Law & Social Inquiry 36, no. 04 (2011): 854–84. http://dx.doi.org/10.1111/j.1747-4469.2011.01253.x.
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This article offers a theoretical discussion about courts in “hybrid regimes” that evolve from formerly democratic countries. The evolution toward authoritarianism typically allows governments more latitude to reduce judicial independence and judicial power. Yet, several reasons, including legitimacy costs, a tradition of using courts for judicial adjudication and social control, and even the use of courts for quenching dissent may discourage rulers from shutting down the judicial contestation arena and encourage them instead to appeal to less overbearing measures. This usually leads to a decline of the judiciary's proclivity to challenge the government, especially in salient cases. To illustrate these dynamics, I discuss the rise and fall of judicial power in Venezuela under Chávez's rule, focusing on the Constitutional Chamber of the Supreme Court. Formerly the most powerful institution in the country's history, the Chamber briefly emerged as an influential actor at the beginning of the regime, but a comprehensive intervention of the judiciary in 2004 further politicized the court and effectively reduced its policy-making role.
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AUST, HELMUT PHILIPP, ALEJANDRO RODILES, and PETER STAUBACH. "Unity or Uniformity? Domestic Courts and Treaty Interpretation." Leiden Journal of International Law 27, no. 1 (January 24, 2014): 75–112. http://dx.doi.org/10.1017/s0922156513000654.
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AbstractThe role of domestic courts in the application of international law is one of the most vividly debated issues in contemporary international legal doctrine. However, the methodology of interpretation of international norms used by these courts remains underexplored. In particular, the application of the Vienna rules of treaty interpretation by domestic courts has not been sufficiently assessed so far. Three case studies (from the US Supreme Court, the Mexican Supreme Court, and the European Court of Justice) show the diversity of approaches in this respect. In the light of these case studies, the article explores the inevitable tensions between two opposite, yet equally legitimate, normative expectations: the desirability of a common, predictable methodology versus the need for flexibility in adapting international norms to a plurality of domestic environments.
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A. Strzępek, Kamil. "The Relationship Between the European Convention on Human Rights and Domestic Law: a Case Study." Constitutional Review 6, no. 2 (December 30, 2020): 338. http://dx.doi.org/10.31078/consrev626.
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The article is pertaining to the relationship between the European Convention on Human Rights and the Polish national law. Upon the introduction of the system of economic, social and cultural rights contained in the Constitution of the Republic of Poland of 1997, the article considers what rules determine the relationship between the application of the law by Polish courts and the European Court of Human Rights in Strasbourg. The paper concludes by showing how Polish courts and the European Court of Human Rights in Strasbourg refer to the right of property. It’s one of the fundamental human rights, when they examine a case. It occurs that clauses, which limit this right, are sometimes understood in a different way by Polish courts and the European Court of Human Rights. Regarding the above, the case of Waldemar Nowakowski v. Poland of the European Court of Human Rights in Strasbourg is discussed. Furthermore, the article presents how the Polish Government executes the judgment of the European Court of Human Rights in Strasbourg delivered in the above-mentioned case.
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Keith, Ken J. "The Development of Rules of Procedure by the World Court Through its Rule Making, Practice and Decisions." Victoria University of Wellington Law Review 49, no. 4 (November 15, 2018): 511. http://dx.doi.org/10.26686/vuwlr.v49i4.5338.
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Courts and tribunals follow procedures in reaching their decisions. Those procedures should provide the parties, appearing before an independent, impartial and qualified body, with a full and equal opportunity to present their cases and to challenge those presented against them. The process should also provide the body with sufficient material for it to resolve the dispute. The procedural rules may be established by those who set up the court or tribunal, including treaty makers and legislatures, or by the body itself through the exercise of its general rule making power and its rulings and practice in particular cases. This article considers the work of the Permanent Court of International Justice and its successor, the International Court of Justice, over almost the last 100 years in developing their procedures. A striking feature of the history is that the Statutes of the two Courts have remained essentially unchanged and that it is the Courts themselves that have developed the procedures which they and the parties are to follow. Along with the development of the law and practice of evidence in the two Courts, the history contributes an answer in one area to recurring questions about the best means of clarifying and making law.
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Koryakovtsev, V. "Grounds for review of court decisions based on the jury’s decision in the appellate instance." Law Enforcement Review 2, no. 3 (December 25, 2018): 117–34. http://dx.doi.org/10.24147/2542-1514.2018.2(3).117-134.
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The subject of the paper is the procedural features and grounds for the appellate revision of the verdict, decided by the court with the participation of jurors.The purpose of the article is to is to assess the effectiveness of the rules on the grounds for review of courts’ decisions based on jury’s verdict.The description of methodology. The author uses formal-legal and comparative-legal methods during the scrutinize the text of the Criminal Procedure Code of the Russian Federation and international legislation. The court statistics is also analyzed.The main results and scope of their application. The author gives a general description of the legal concepts of cassation and appeal, their similarities and differences. The paper suggests statistical indicators of the activity of the jury as a court of first instance, as well as statistical characteristics of the decisions of the Supreme Court of the Russian Federation as a court of appeal and as a court of cassation. A brief description of the rules of appeal proceedings, the types of appealed decisions, powers and limits of the rights of appeal are also characterized. It is proposed to analyze the grounds for repealing or changing the ac-cusatory and acquittal decisions of courts with the participation of jurors, the interpretation of such grounds by higher courts through the resolution of specific criminal cases. Specific criminal cases examples are given, and foreign criminal procedure legislation is analyzed.Conclusions. The author suggests to replace the grounds for cancellation or modification of both accusatory and acquittal decisions of courts based on the jury’s decision with the grounds previously provided in art. 465 of the Code of Criminal Procedure of the RSFSR because of their clearer legal content.
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ODERMATT, Jed. "The Use of International Treaty Law by the Court of Justice of the European Union." Cambridge Yearbook of European Legal Studies 17 (August 3, 2015): 121–44. http://dx.doi.org/10.1017/cel.2015.5.
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AbstractThe Court of Justice of the European Union has on numerous occasions employed the provisions of the Vienna Convention on the Law of Treaties, to the extent that they represent principles of customary international law, in its judicial reasoning. At first glance, the Court’s use of the Vienna rules demonstrate fidelity towards international law; it can be seen as contributing to the ‘strict observance and the development of international law’. Upon closer examination, however, one finds that the Court applies these rules in a fashion that often deviates from the way in which other courts and bodies have applied the same principles. This article examines how the Court has used international treaty law, arguing that the Court often employs a novel, ‘European’ approach to certain principles. While the Court is free to apply treaty law in a manner it believes to be appropriate, the extent of this divergence risks undermining the integrity and uniform application of the Vienna rules.
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Al-Kasassbeh, Dr Fahad Yousef. "Subject-matter Jurisdiction of Courts of First Instance in the Jordanian Judicial System." Psychology and Education Journal 58, no. 1 (January 29, 2021): 820–32. http://dx.doi.org/10.17762/pae.v58i1.834.
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It is established that the jurisdictional rules are binding legal rules. The parties to whom provisions of these rules apply are required to comply with them, since the binding nature of rules of subject-matter jurisdiction oblige the parties to the proceedings, whether plaintiff or defendant, to adhere to them. Further, the public prosecutor’s office and courts are required to comply with these rules. If a court finds that it does not have jurisdiction over a case or a complaint filed before it, then it should declare lack of jurisdiction. It is established that rules of subject-matter jurisdiction are part of the public order. This is since the legislator determines such jurisdiction for a public interest, i.e. the justice. Hence, violating the rules of subject-matter jurisdiction results in absolute invalidity.
This study aims to identify the subject-matter jurisdiction of the court of first instance without dealing with the territorial jurisdiction. This is in view of the problems that the subject-matter jurisdiction raises, especially with the large number of amendments made to the legislations that define this jurisdiction without the knowledge of the relevant parties, which raises a kind of confusion and ambiguity. The nature of subject-matter jurisdiction is defined in the introductory topic of this study. The subject-matter jurisdiction of the court of first instance over civil matters and criminal matters is defined in three topics. The study ends with the most important findings and recommendations, including, but not limited to, the special courts are cancelled and their jurisdiction is transferred to the courts of first instance.
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Yang, Fan, Ting Zhang, and Hao Zhang. "Adjudicating environmental tort cases in China: burden of proof, causation, and insights from 513 court decisions." Asia Pacific Journal of Environmental Law 21, no. 2 (November 2018): 171–89. http://dx.doi.org/10.4337/apjel.2018.02.05.
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Developing countries and countries with economies in transition have varying experiences in enforcing their national environmental law. China's judicial interpretations and legislation on environmental protection have established the rules that shift the burden of proof for causation in environmental tort litigation. However, this study of 513 court decisions from the people's courts at different levels in China shows that although the court decisions usually refer to or quote the rules that shift the burden of proof, in most cases the victim-plaintiffs still bear the liability to prove whether the causal relationship exists between the pollution and the harm. This study also finds that Chinese courts defer greatly to the evaluation report in proving causation. It suggests that the court practice of adjudicating environmental tort cases in China values more the factual causation of a pollution incident than the provisions regarding proof of causation stipulated by relevant laws. Consequently, such judicial practices hinder the effectiveness of judicial remedies for pollution victims in China.
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Olijnyk, Yurij. "Procedure for consideration of cases in the Court of Appeal of Lviv (1919–1939s)." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 77–83. http://dx.doi.org/10.36695/2219-5521.2.2020.13.
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The acquisition of the Polish independence state in November 1918 was a decisive condition for the establishment and developmentof the Polish judicial system and legal proceedings. It is noted that the functioning of the institution of the judiciary in Polanddirectly depended on legal traditions, social changes, the level of legal culture and the influence of the legislation of the countries thatat one time participated in the division of the Second Commonwealth of Poland. The restored Polish state from the very first days of its existence began the activities aimed at the formation of judicial authorities, for some time foreign sources of law (Austrian, German,and Russian) remained in force in its territory. During the interwar period in the Polish state a special mission was assigned to the courts,because they were the spokesman for social justice. The role of courts played an important role in their structure and leadership. Thestructure and management of the appellate and district courts in the judicial system of the Second Commonwealth of Poland and thecharacteristic features of the structure and leadership of the Court of Appeal of Lviv have been analyzed.The Court of Appeals in Lviv was responsible for administering in its judicial district, carrying out inspections in lower courts,and bringing to justice judges and court officials through disciplinary violations, organization and reorganization of the courts of firstand second instance. The Court of Appeals also dealt with the nomination and transfer of judges from one court to another, followedthe law by lower courts, regulated the territory of the judicial districts (the final decision was nevertheless at the highest court in Warsawand the Ministry of Justice), took reports on the number of cases considered by the lower courts authoritiesThe article analyzes the procedure for consideration of cases in the Court of Appeal of Lviv (1919-1939s). It is noted that thecase was considered by the Court of Appeal according to the rules established for consideration of the case by the court of first instance(county or district). The Court of Appeal in Lviv reviewed the case in full, or focused only on a separate part of it, but only within thelimits of the complaint filed by a party in the process. The appellate court considered the case on the merits and made a decision, changingthe decision of the lower court, or leaving it unchanged.
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LAX, JEFFREY R. "Constructing Legal Rules on Appellate Courts." American Political Science Review 101, no. 3 (July 26, 2007): 591–604. http://dx.doi.org/10.1017/s0003055407070347.
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Appellate courts make policy, not only by hearing cases themselves, but by establishing legal rules for the disposition of future cases. The problem is that such courts are generally multimember, or collegial, courts. If different judges prefer different rules, can a collegial court establish meaningful legal rules? Can preferences that take the form of legal rules be aggregated? I use a “case-space” model to show that there will exist a collegial rule that captures majoritarian preferences, and to show that there will exist a median rule even if there is no single median judge. I show how collegial rules can differ from the rules of individual judges and how judicial institutions (such as appellate review and the power to write separate opinions) affect the stability and enforceability of legal rules. These results are discussed in light of fundamental debates between legal and political perspectives on judicial behavior.
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Shcherbyna, V. S., and V. V. Bodnar. "SOME ASPECTS OF THE APPEAL IN ECONOMIC JUDICIAL PROCEEDINGS." Economics and Law, no. 1 (April 15, 2021): 3–9. http://dx.doi.org/10.15407/econlaw.2021.01.003.
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The issues of organizational changes that the courts of appellate instance have undergone, as well as the content of the norms of economic procedural legislation, which enshrine the features of appellate proceedings. The peculiarities of appellate proceedings as an independent stage of economic litigation are considered, which include the following: a) an appeal is filed against a decision of a court of first instance that has not entered into force; b) review of court decisions on appeal is carried out by the courts of appeal; c) the right to appeal has the participants, as well as persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities; d) the appeal is filed directly with the court of appeal; e) the subject of review of the case by the court of appellate instance is the verification of the legality and validity of the decision of the court of first instance; f) the limits of review of the case in the court of appeal, as a rule, are limited by the arguments and requirements of the appeal; g) in the court of appellate instance cases are reviewed according to the rules of consideration of cases in the order of simplified claim proceedings, taking into account the features provided by the Code. It is proposed in order to avoid (reduce) cases of unfounded filing of appeals to supplement Art. 254 Code of Economic Procedure of Ukraine norm on the grounds of appeal of court decisions such as defined in Part 2 of Art. 287 of the Code of Economic Procedure of Ukraine on the grounds of cassation appeal. It is noted that the current version of the Code of Economic Procedure of Ukraine does not contain rules that would determine what procedural actions and within what period the appellate court should take to recover the case from the court of first instance, and during what period the court of first instance should consider the case her appellate court. Arguments are made against the use by courts of the so-called "procedural analogy" in cases. Other proposals are being made to improve the current procedural legislation.
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Cortés, Pablo, and Fernando Esteban de la Rosa. "BUILDING A GLOBAL REDRESS SYSTEM FOR LOW-VALUE CROSS-BORDER DISPUTES." International and Comparative Law Quarterly 62, no. 2 (April 2013): 407–40. http://dx.doi.org/10.1017/s0020589313000109.
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AbstractThis article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.
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Du Plessis, Elmien. "Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 19, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3269.
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In terms of section 30 of the Restitution of Land Rights Act, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether or not such evidence would be admissible in any other court of law". This means that the normal rules of evidence can be relaxed in the case of restitution claims. This articles analyses the way in which courts have dealt with the section, with a specific focus on oral histories. The paper also makes a few suggestions as to how courts can better grapple with the question in the future, to ensure that a strict adherence to the rules of evidence does not preclude justice in the context of land restitution claims.
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Whytock, Christopher A. "Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. (U.S. Sup. Ct.)." International Legal Materials 59, no. 1 (February 2020): 1–10. http://dx.doi.org/10.1017/ilm.2020.3.
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Domestic courts frequently apply foreign law. For example, the forum's choice-of-law rules may require a court to apply foreign law, or a party may expressly base a claim or defense on foreign law. Private international law (or “conflict of laws”) provides principles governing many aspects of the way courts should identify and interpret foreign law.
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Vatras, V. A. "Legal Conclusions Of The Supreme Court On The Application Of The Rules Of Family Law As A Source Of Family Law In Ukraine." Actual problems of improving of current legislation of Ukraine, no. 49 (April 3, 2019): 109–21. http://dx.doi.org/10.15330/apiclu.49.109-121.
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The scientific article is devoted to the study of the legal nature of the Supreme Court’s legal conclusions regarding the application of family law rules and their place in the system of family law sources of Ukraine. The views of Ukrainian and foreign legal scholars on this issue are analyzed, as well as the legislative regulation of this issue, a number of examples of the Supreme Court’s legal positions are highlighted. It is substantiated that the Supreme Court’s legal conclusions on the application of family law are a source of family law because they have the properties of a source of law: binding on all bodies, including courts applying the applicable law (except physical and legal persons not bound by a legal opinion, albeit in court, but which may invoke it to substantiate their position; the courts may also withdraw their opinion in accordance with the procedure laid down in Articles 403 and 404 of the Civil Procedure Code of Ukraine) regulatory, availability, formality and publicity, legality, ensuring the means of state coercion, law-making significance. It is also determined that the legal position of the Supreme Court exists in the form of a specific legal order, which has a corresponding official form of expression and consolidation, lawmaking significance. In the system of family law sources issued by the courts, legal opinions on the application of family law rules as issued by the highest authority in the system of courts of general jurisdiction are hierarchically above the acts of local and appellate courts, as well as other Supreme Court rulings after the adoption of the resolution containing the relevant legal opinion, except in cases of deviation from it in accordance with Art. 403 of the Civil Procedure Code of Ukraine. Legal positions can actually get legal expression not only in the decisions of the Supreme Court, but also the decisions of the Plenum of the Supreme Court.
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Bastin, Lucas. "Are Emirate Rulers Immune from Civil Suits in English Courts?" Arab Law Quarterly 27, no. 2 (2013): 97–124. http://dx.doi.org/10.1163/15730255-12341251.
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Abstract This article considers whether the rulers of the seven United Arab Emirates are immune from civil suits before English courts. It commences by summarising the constitutional structure of the UAE and political roles which the Emirate rulers play within its federal government, before setting out the relevant English and international law of State and head of State immunity. Having explained this background, this article assesses the position of each ruler and concludes that the rulers of Abu Dhabi and Dubai are immune from civil suits before English courts but that the rulers of Sharjah, Ra’s al-Khaimah, Fujairah, Umm al-Qaiwain and Ajman are less likely to attract immunity.
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Oseni, Umar Aimhanosi. "Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review." International Journal of Conflict Management 26, no. 2 (April 13, 2015): 214–38. http://dx.doi.org/10.1108/ijcma-06-2012-0050.
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Purpose – The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach – This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court. Findings – The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region. Practical implications – An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives. Originality/value – As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.
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Fisher, Michael H. "The Resident in Court Ritual, 1764–1858." Modern Asian Studies 24, no. 3 (July 1990): 419–58. http://dx.doi.org/10.1017/s0026749x00010428.
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The exchanges that comprised the formal meetings between Indian Rulers and the British Residents attached to their courts both reflected and, in some measure, determined the changing political relationships between the Indian states and the English East India Company. As the Resident and his staff introduced new symbols and meanings into his ritual intercourse with an Indian Ruler, these new elements affected the attitudes and actions taken by the audiences of these exchanges, in both India and Britain. As the military and political power of the Company flowed over or around the regional states of India during the period 1764–1858, the Company's Residents proved able to assert increasing influence over the shape of these rituals in the Indian courts.
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Demirdjian, Alexis. "Armless Giants: Cooperation, State Responsibility and Suggestions for the ICC Review Conference." International Criminal Law Review 10, no. 2 (2010): 181–208. http://dx.doi.org/10.1163/157181210x492252.
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AbstractInternational criminal courts and tribunals regularly face difficulties in obtaining cooperation from States, a stumbling block that hinders the process of bringing criminals to justice and trying them before a court of law. In doing so, States can be held accountable under the rules of state responsibility. This possibility was raised in key decisions and scholarly texts on the issue. This paper seeks to expand the discussion on the matter and analyze the responsibility of States for their failure to cooperate with international courts. Additionally, this paper suggests amendments to the ICC Rome Statute to strengthen the judicial assistance regime, considering that this court is designed to become the permanent court dealing with war crimes and crimes against humanity and that a review of the Statute is to take place in May or June 2010.
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Turns, David, Carnero Rojo, Julieta Solano McCausland, and Aleks Bojovic. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 12 (December 2009): 233–62. http://dx.doi.org/10.1017/s1389135909000087.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia.
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Gavrilenko, Vladimir. "Legal regulation of dispute consideration features by arbitration courts in the Republic of Tajikistan (regulation of dispute resolution procedure)." Current Issues of the State and Law, no. 14 (2020): 250–61. http://dx.doi.org/10.20310/2587-9340-2020-4-14-250-261.
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The work is devoted to the analysis of legal regulation of the disputes consideration procedure by arbitration courts in the Republic of Tajikistan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an itemized commentary on the provisions of the above-mentioned law, which directly regulates the dispute resolution process by the arbitration court. In addition to the main issues related to the statement of claim, other requirements for the statement of claim are described, which are regulated by the arbitration rules. We carry out a comprehensive analysis of the procedure for submitting feedback on the statement of claim. We illustrate issues related to the competence of the arbitration court. We note that this is an important innovation of commented law, since the previous legislation did not consider the competence of the arbitration court. We assign a separate place to the definition of the arbitration rules, the arbitration language, and the arbitration confidentiality. We assign a separate place to the definition of the arbitral proceedings rules, the arbitral proceedings language, and the arbitral proceedings confidentiality. The features of applying interim measures are described. We consider the procedure for presenting evidence, as well as the features of the parties' participation in the arbitration court. We analyze the procedure for the appointment and submission of expertise. In addition, the regulation of the meeting protocol of the arbitration court is described. Attention is also drawn to the prohibition of bonded terms of the settlement agreement for any of the parties.
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Koryakovtsev, V. "Review of court decisions based on the jury’s decision in the supervisory instance." Law Enforcement Review 2, no. 4 (December 28, 2018): 106–24. http://dx.doi.org/10.24147/2542-1514.2018.2(4).106-124.
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The subject. The article discusses the procedural peculiarities and grounds for the supervisory (cassation) review of court decisions based on the jury’s decision.The purpose of the article is to assess the effectiveness of the rules on the grounds for review of courts’ decisions based on jury’s verdict.The description of methodology. The author uses formal-legal and comparative-legal methods as well as legal interpretation of the text of Russian Criminal Procedure Code and Russian Supreme Court’s decisions. The decisions of Russian Constitutional Court and court statistics are also analyzed.The main results and scope of their application. In the introduction the author substantiates the relevance of the proposed research by creating a separate cassation and appeal courts of General jurisdiction, a significant extension of jurisdiction of the Russian court with participation of jurors in the district courts as of 1 June 2018., that will result in a manifold increase in the cases before the courts with participation of jurors in the first instance, and a manifold increase in appeals and representations on the decision of the jury. In the second section of the work the characteristic of legal institution of possible turn to the worst for the condemned situation in cassation and Supervisory instances is given, the analysis is widely known of the resolution of the constitutional court of the Russian Federation of May 11, 2005. The third section of the work considers the grounds for possible review of the decision of the courts with the participation of jurors in the order of Art. 401.6 of the Code of Criminal Procedure and grounds proposed by the Plenum of the RF Supreme Court in the Decree of January 28, 2014. The fourth section of the work is devoted to the characteristics of the rules and procedure of Supervisory proceedings, specifies the types of appealed decisions, powers and limits of the rights of the Presidium of the Russian armed forces, provides examples of review of judicial decisions with the participation of juries that have en-tered into force.Conclusions. The author suggests to replace the grounds for cancellation or amendment of acquittal decisions of courts based on the jury’s decision with the grounds of cassation review of jury trials that are included in art. 664 and 665 of the Code of Criminal Procedure of the Republic of Kazakhstan due to their clearer legal definition and lack of evaluative concepts.
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Resnik, Judith. "Representing What? Gender, Race, Class, and the Struggle for the Identity and the Legitimacy of Courts." Law & Ethics of Human Rights 15, no. 1 (May 1, 2021): 1–91. http://dx.doi.org/10.1515/lehr-2021-2022.
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Abstract In 1935, when the U.S. Supreme Court’s new building opened and displayed the phrase “Equal Justice Under Law,” racial segregation was commonplace, as were barriers limiting opportunities for men and women of all colors to participate in economic and political life. The justices on the Court and the lawyers appearing before them reflected those facts; almost all were white men. Today, the Supreme Court’s inscription has become its motto, read as if it always referenced an understanding of equality that has become central to the identity and the legitimacy of courts. The judiciary “looks” somewhat different than it did and, in a sense, has become more “representative” of the range of people appearing in courts. Given the role that courts had played in sustaining discrimination, the impression that courts ought to welcome everyone is a major achievement. Yet, to assess the impact of new judicial demographics requires analysis of other major alterations in U.S. courts—the influx of diverse litigants newly entitled to pursue legal claims; the economic barriers facing many claimants; the emergence of judiciaries as agency-like promoters of agendas; and the displacement of public adjudication through the privatization of dispute resolution. Studies of women as judges focus mostly on their rulings, but probing the “difference that difference makes” requires looking beyond judicial opinions. Courts in the United States have developed structural capacities to propose rules and legislation, create education programs, commission research and task forces, and lobby for resources. When women of all colors and men of color became lawyers and judges, they created affinity organizations and pressed courts to research court-based bias and to revise rules of ethics, doctrine, and practice. Those changes are part of the impact of diversification within the legal profession, as is the backlash against affirmative efforts to reform practices. Another difference of the last decades is that new rights have brought into court many claimants with limited means. Participatory participation (“equal justice under law”) remains elusive, while the “justice gap” (shorthand for the lack of sufficient governmental help for under-resourced litigants) is pervasive. Worse yet, in some jurisdictions, courts have served as “revenue centers,” using court-imposed assessments as income. Failure to pay “legal financial obligations” can result in suspension of driver’s licenses, the loss of voting rights, and other sanctions levied disproportionately on people who are poor and of color. Instead of being seen as fonts of fairness, courts are coming to be identified as sites of inequality. In addition, many courts have embraced alternative forms of dispute resolution that make both processes and outcomes less visible to the public. Through doctrine and rules, U.S. courts have shifted their own practices as well as enforced mandates imposed on consumers and employers that push them out of court and out of class or joint actions. In sum, the new faces on the bench ought not to obscure that the project of representation, inclusion, and equality is far from complete. The vivid inequalities in courts are problems for courts because such disparities undermine their ability to be places of justice.
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Harnon, Eliahu. "Criminal Procedure and Evidence." Israel Law Review 24, no. 3-4 (1990): 592–621. http://dx.doi.org/10.1017/s0021223700010104.
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Once upon a time there was a lawyer who was most familiar with the rules of criminal procedure and of evidence in force in mandatory Palestine in May 1948. One day in June 1948, the lawyer disappeared. Some say he fell into a deep sleep for many years. Only after the passage of forty years he awoke.Turning to and fro, he will immediately recognize the Ottoman building that houses the courts in Jerusalem's Russian Compound. He will also feel at home with the basic hierarchy of the judiciary: two courts of first instance—magistrates' and district—and no intermediate court of appeal between the district level and the Supreme Court.
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ZUIJDERDUIJN, JACO. "On the home court advantage. Participation of locals and non-residents in a village law court in sixteenth-century Holland." Continuity and Change 29, no. 1 (May 2014): 19–48. http://dx.doi.org/10.1017/s0268416014000071.
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ABSTRACTRural law courts are sometimes believed to have contributed to juridical fragmentation, which led to coordination failures and, hence, to high transaction costs. We present a case study of the village law court of Mijnsheerenland, and pay particular attention to the question of whether non-residents expected villagers to have a ‘home court’ advantage. Our analysis of default risk premiums demanded by participants in various exchanges does not indicate this was the case. We argue that this was caused by one of the peculiarities of the juridical system of Holland, which was fragmented but nevertheless uniform because of the dominance of public courts under central control of the ruler.
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Petrescu, Oana M. "Theoretical approach of the main means of appeals in the European procedural law." Anais da Academia Brasileira de Ciências 87, no. 4 (December 4, 2015): 2317–33. http://dx.doi.org/10.1590/0001-3765201520140131.
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Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentione is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.
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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.
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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.
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Brezhnev, Oleg V. "The Establishment of a System of Administrative Courts in the Republic of Uzbekistan: Issues and Prospects." Russian judge 10 (October 8, 2020): 31–35. http://dx.doi.org/10.18572/1812-3791-2020-10-31-35.
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One of the most significant results of the judicial reform that took place in 2017 in the Republic of Uzbekistan is the creation of a system of administrative courts empowered to consider cases arising from public law relations. The article shows the specificity of the model of administrative justice that has developed in this state, as well as the peculiarities of the procedure for considering administrative cases in Uzbekistan. Based on the analysis of legislation and law enforcement practice, a set of measures is proposed to further improve the system of administrative courts and administrative court proceedings in Uzbekistan: change in the territorial organization of courts; exclusion of the possibility of one court to act as different instances in a specific administrative case; clearer regulation of the rules of jurisdiction, etc.
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Woolaver, Hannah, and Sarah Williams. "The Role of the Amicus curiae before International Criminal Tribunals." International Criminal Law Review 6, no. 2 (2006): 151–89. http://dx.doi.org/10.1163/157181206778050697.
Full textAbstract:
AbstractThe amicus curiae brief has increasingly been used before international criminal tribunals. The practice of accepting or inviting amicus curiae briefs or submissions has been included in the rules of procedure and evidence of the ICTY, the ICTR, the Special Court for Sierra Leone and the International Criminal Court. This article examines the role of amicus curiae before international criminal courts, including: how and when amicus are granted permission to appear; how amicus curiae are used by these international courts; the influence, if any, of amicus briefs on decisions and judgments; and whether the role of amicus curiae in international criminal courts has diverged from the traditional concept of an amicus curiae. Also considered are the arguments in support of the continued role of amicus curiae before international criminal tribunals.
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Jurkowska-Gomułka, Agata. "Antitrust Damage Claims: A View From Efta Court." Market and Competition Law Review 3, no. 2 (October 1, 2020): 153–70. http://dx.doi.org/10.7559/mclawreview.2019.1829.
Full textAbstract:
Articles 101 and 102 TFEU have become a pattern for competition rules provided in Articles 53 and 54 of the EEA Agreement, which entered into force on 1 January 1994. Both EU competition law and EEA competition law can be enforced before national courts. Lodging damage claims in the EU was facilitated by Directive 2014/104/EU. The so-called Antitrust Damages Directive was highly inspired by the jurisprudence of the Court of Justice of the European Union. Although Directive 2014/104/EU has not been incorporated into the EEA law, damage claims resulting from violations of EEA competition rules are judged by national courts in the EEA Member States, which is why some aspects of private enforcement of competition law have become a point of interest for the EFTA Court, being – together with the Court of Justice of the European Union – the EEA court. Firstly, the article aims at checking if the EFTA Court jurisprudence on antitrust damage claims follows the guidelines formulated in the case law of the Court of Justice. Since the positive answer to this question is highly probable, secondly, the article aims at identifying the extent of the impact of EU jurisprudence in private enforcement cases on judgments of the EFTA Court. The article concludes that the EFTA Court’s activities regarding antitrust damage claims follow the route indicated by the Court of Justice of the European Union. Four identified judgments regarding – directly or indirectly – antitrust damage claims (Nye Kystlink, Fjarskipti, Schenker I and Schenker V), delivered by the EFTA Court, seem to strengthen its position as an institution that is able to guarantee a coherence between EEA and EU competition law. EFTA Court’s judgments in private enforcement cases are also a point of interest and reference for EU Advocates General and can become an inspiration for both EU and national case law.
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Myslivskiy, P. P., and A. N. Mazka. "Burden of Proof in Case Law of the Court of the Eurasian Economic Union on Cases Concerning Applications of Undertakings." Rossijskoe pravosudie 5 (May 25, 2021): 50–56. http://dx.doi.org/10.37399/issn2072-909x.2021.5.50-56.
Full textAbstract:
This article analyses approaches related to application of burden and standard of proof and developed by the Court of the Eurasian Economic Union (Court of the EAEU) in cases on application of a business entity to challenge decision of the Eurasian Economic Commission and in cases on challenges to its actions (omission). Position of the Court of the EAEU is compared with approaches elaborated on in case law of other international courts, based on the analysis of which the article demonstrates that the Court of the EAEU consistently applies rules on standard of proof and allocation of burden of proof in accordance with principles recognised in international practice.