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1

Deshko, L. "The place and role of the Supreme council of justice in the system of state authorities." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 119–22. http://dx.doi.org/10.24144/2788-6018.2023.05.19.

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The Supreme Council of Justice is an important body in the system of state authorities in Ukraine. This article analyzes the place and role of the Supreme Council of Justice in the context of the Ukrainian justice system and state power.
 The Supreme council of justice emerged to replace the former High Council of Justice and aims to ensure the independence of the judiciary. It consists of 21 members who are elected to the positions of judges and representatives of society. One of the main tasks of the Supreme council of justice is to determine the selection procedures and qualification r
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2

Yevdokimova, O. P. "Analysis of the state of functioning and perspectives of the reform of the supreme council of justice." Uzhhorod National University Herald. Series: Law 3, no. 82 (2024): 164–70. http://dx.doi.org/10.24144/2307-3322.2024.82.3.27.

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The Supreme Council of Justice, which replaced the Supreme Council of Justice, plays a rather serious and important role in the formation of the judicial corps, the appointment and dismissal of judges, as well as in their disciplinary responsibility. Accordingly, it can be argued that ensuring the independence of the judicial branch of government and expanding access to fair justice for everyone is closely related to the effective functioning of the Supreme Council of Justice, or the Supreme Council of Justice. If we turn to the history, the history of the creation of such a body in Ukraine, t
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3

Rima, Bellebba, and Amari Nourddine. "THE REALITY OF PARALLEL TRADE IN CRIMINAL LEGAL TEXTS." Journal of Law and Sustainable Development 12, no. 10 (2024): e4029. http://dx.doi.org/10.55908/sdgs.v12i10.4029.

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Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitution
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4

Hammou, Boutelha, and Yama Brahim. "THE IMPACT OF THE TRANSFER, APPOINTMENT, AND DISMISSAL OF JUDGES ON JUDICIAL INDEPENDENCE IN LIGHT OF THE 2020 CONSTITUTIONAL AMENDMENT." Journal of Law and Sustainable Development 12, no. 10 (2024): e4037. http://dx.doi.org/10.55908/sdgs.v12i10.4037.

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Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitution
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5

Ivanov, A. "The Supreme Council of Justice as a body for strengthening the independence of the judicial branch of government." Uzhhorod National University Herald. Series: Law 1, no. 73 (2022): 48–52. http://dx.doi.org/10.24144/2307-3322.2022.73.8.

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The scientific article examines and analyzes the High Council of Justice as a body for strengthening judicial independence, certain fundamental international legal standards of judicial independence are defined.
 It was determined that the legal mechanisms for the proper guarantee of judicial independence in foreign countries from the point of view of the organizational (institutional) context provide for the existence of such bodies of judicial governance, which would be empowered to form the judicial corps, dismiss judges, transfer, resolve issues of financial and material support .&#x0
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6

Ivanov, A. "The Supreme Council of Justice as a body for strengthening the independence of the judicial branch of government." Uzhhorod National University Herald. Series: Law 1, no. 74 (2023): 78–81. http://dx.doi.org/10.24144/2307-3322.2022.74.12.

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The scientific article examines and analyzes the High Council of Justice as a body for strengthening judicial independence, certain fundamental international legal standards of judicial independence are defined.
 It was determined that the legal mechanisms for the proper guarantee of judicial independence in foreign countries from the point of view of the organizational (institutional) context provide for the existence of such bodies of judicial governance, which would be empowered to form the judicial corps, dismiss judges, transfer, resolve issues of financial and material support .&#x0
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7

Bysaha, Yu, and I. Pyroha. "Powers and functional assignment of the High Council of Justice in the field of ensuring the independence of the judiciary." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 432–37. http://dx.doi.org/10.24144/2307-3322.2023.79.2.68.

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The coverage of the material in this article is aimed at focusing attention on the peculiarities of the functioning of the justice system in Ukraine, in particular on the bodies that play an important role in the structure of ensuring the functioning of the independent judiciary. Formation of Ukrainian statehood in the 1990s. years of the 20th century, contributed to the need for judicial reform and the separation of the body, which was supposed to take on the function of assisting judges for the proper implementation of the provisions of Article 124 of the Constitution of Ukraine, that justic
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8

Bysaha, Yu, and I. Pyroha. "The Supreme Council of Justice and the institutional mechanism for ensuring human rights." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 100–103. http://dx.doi.org/10.24144/2788-6018.2023.05.15.

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The article emphasizes that granting Ukraine the status of a candidate for the European Union imposes on the state, among other things, obligations related to judicial reform. Attention is drawn to the conclusion of the European Commission on 7 requirements, the fulfillment of which should be evidence that Ukraine is ready to continue its path in the EU. Attention is focused on the Supreme Council of Justice, the question of its legal status is revealed.
 It is noted that the rights and freedoms of a person and a citizen are a complex phenomenon. It is a mistake to reduce their provision
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9

Eckhardt, Krzysztof. "Najwyższa Rada Sprawiedliwości Ukrainy." Przegląd Prawa i Administracji 119 (January 20, 2020): 161–70. http://dx.doi.org/10.19195/0137-1134.119.16.

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UKRAINE — SUPREME COUNCIL OF JUSTICEIn 2016, the Constitution of Ukraine was amended in the area of the judiciary. This amendment contained a thorough reorganisation of the body competent in matters related to disciplinary proceedings against judges and entitled to submit candidates for judges to the President. This amendment implemented most of the recommendations formulated by the institutions of the Council of Europe regarding the composition and operating principles of this body. The study presents the genesis, composition, competences, principles and practice of the functioning of the Sup
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10

BRANCO, Paulo Gonet, and Ilton Norberto ROBL FILHO. "JUDICIAL REVIEW OF LEGISLATION BY ADMINISTRATIVE BODIES AND NATIONAL COUNCIL OF JUSTICE: LIMITS AND POSSIBILITIES IN DIALOGUE WITH CONSTITUTIONAL JURISDICTION." Revista Juridica 4, no. 57 (2019): 221. http://dx.doi.org/10.21902/revistajur.2316-753x.v4i57.3763.

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ABSTRACT Objectives: The constitutional powers of the National Council of Justice challenge a constitutionally appropriate interpretation of its functions and constitutional consequences. This article analyzes the incidental control of constitutionality of administrative acts by such Council, based on article 37 of the Constitution of 1988, with the possibility to decline application of the law interpreted as unconstitutional. Methodology: The methodology used in this study is phenomenological-hermeneutic with literature review and analysis of the jurisprudence of the National Council of Justi
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11

Demydiuk, Olga. "Theoretical bases of formation of the Supreme Council of Justice." Entrepreneurship, Economy and Law, no. 3 (2021): 306–11. http://dx.doi.org/10.32849/2663-5313/2021.3.50.

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12

Snidevych, O., and O. Khotynska-Nor. "Judicial ethics as a component of professional ethics of a member of the Supreme Council of Justice." Uzhhorod National University Herald. Series: Law 3, no. 75 (2023): 118–22. http://dx.doi.org/10.24144/2307-3322.2022.75.3.19.

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In the article, the authors set the goal of investigating the meaning of the judge's ethics in the context of the formation of the professional ethics of the members of the High Council of Justice.Such interest is determined by the constitutional status of the High Council of Justice. It is a body responsible for ensuring the independence of the judiciary, as well as the formation of an honest and highly professional body of judges. This global mission determines a number of necessary transformations of the status of a member of the High Council of Justice, the content of which at the present
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13

Khaliuk, S. O. "Supervisory powers of the Supreme council of justice in Ukraine: theoretical-legal analysis and content." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 40–44. http://dx.doi.org/10.24144/2788-6018.2022.03.7.

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The article is devoted to the scientific study of the theoretical and legal aspects of determining the legal content of the category "control and supervisory powers of the Supreme Council of Justice". Within the framework of the study, a scientific analysis of available doctrinal sources was carried out regarding the correlation of concepts related to the outlined issues, namely: "control", "supervision", "control and supervision activity", "authorization" and some others.
 It is noted that the purpose of this article is the need for a theoretical-legal analysis of doctrinal sources, norm
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14

Pekarchuk, A. V. "Constitutional and legal regulation of justice: current state." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 225–30. http://dx.doi.org/10.24144/2307-3322.2024.85.1.31.

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The article deals with the current state of constitutional and legal regulation of justice in Ukraine. It is emphasized that this situation is connected with the amendments to the Constitution of Ukraine that were made in 2016. These changes were aimed at harmonizing national legislation with international standards and recommendations, in particular regarding the independence of the judiciary and the depoliticization of the judges’ appointing process. An important reform was the transfer of key powers in the field of appointing judges to the High Council of Justice, which excluded the influen
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15

Bodansky, Daniel, and Geoffrey R. Watson. "Mara’abe v. Prime Minister of Israel." American Journal of International Law 100, no. 4 (2006): 895–901. http://dx.doi.org/10.1017/s0002930000031973.

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Mara'Abe v. Prime Minister of Israel. Case No. HCJ 7957/04. At <http://elyonl.court.gov.il/eng/home/index.html> (English translation).Supreme Court of Israel, sitting as the High Court of Justice, September 15, 2005.In Mara ‘abe v. Prime Minister of Israel, the Israeli Supreme Court held that the routing of a portion of Israel's “security fence” in the northern West Bank violated international humanitarian law. The Supreme Court, sitting as the High Court of Justice, ordered the Israeli government to consider alternative paths for the barrier. The Mara'abe decision expanded on the Court'
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16

Radajewski, Mateusz. "Constitutional aspects of the reform of the Polish justice system in 2017–2018." International and Comparative Law Review 19, no. 1 (2019): 276–93. http://dx.doi.org/10.2478/iclr-2018-0060.

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Summary The article concerns the issue of constitutionality of the reform of the justice system in Poland in 2017–2018, which resulted in significant changes of the functioning of the National Council of the Judiciary and the Supreme Court. When discussing the reform of the Supreme Court, the author first of all points to the constitutional problems associated with the premature retirement of some of its judges, which is also connected with the interruption of the six-year term of the First President of the Supreme Court. A separate issue discussed in the article is the introduction to the Sup
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17

Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16130.

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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise t
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18

Zayats, N. V. "REVIEW OF S. O. HALYUK'S MONOGRAPH "CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COUNCIL OF JUSTICE IN UKRAINE: DOCTRINE, CONCEPTS, ELEMENTS."." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 484–85. http://dx.doi.org/10.24144/2788-6018.2022.05.89.

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Monograph of S.O. Halyuk. "Constitutional-legal status of the Supreme Council of Justice in Ukraine: doctrine, concepts, elements" is a comprehensive, systematic, author's study devoted to the analysis of the constitutional-legal status of the Supreme Council of Justice in Ukraine.The relevance of this study is determined by the historical period of the formation of Ukrainian statehood. After all, Ukraine's gaining of independence and subsequent adoption of the Constitution became the foundation of transformations and changes both in society and in the state. It was the Constitution of Ukraine
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19

Szczygieł, Tomasz. "Likwidacja Najwyższego Sądu Wojskowego w 1962 roku – przyczyny, kontrowersje i konsekwencje na przyszłość." Miscellanea Historico-Iuridica 23, no. 1 (2024): 615–36. https://doi.org/10.15290/mhi.2024.23.01.23.

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On February 15, 1962, the Act on the Supreme Court was passed by the Sejm of the Polish People’s Republic. Its main goal was to implement the announcement of Art. 51 of the Constitution of the Polish People’s Republic, according to which the Supreme Court was to be the supreme judicial body of the Polish People’s Republic, exercising judicial supervision over other courts. The intention of the drafters was also to implement the constitutional principle of electing Supreme Court judges by the Council of State. For these reasons today few people associate this fact with the liquidation of the Su
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20

Khaliuk, Serhii. "SUPREME COUNCIL OF JUSTICE AND RELATED BODIES IN FOREIGN COUNTRIES: TYPOLOGICAL CLASSIFICATION." Polonia University Scientific Journal, no. 2 (2021): 191–95. http://dx.doi.org/10.23856/4521.

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21

Komziuk, V. T. "CERTAIN ISSUES OF THE LEGAL STATUS OF TE SUPREME COUNCIL OF JUSTICE." Juridical scientific and electronic journal, no. 11 (2021): 759–61. http://dx.doi.org/10.32782/2524-0374/2021-11/192.

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22

Leissner, Omi Morgenstern. "Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment." Israel Law Review 32, no. 1 (1998): 139–78. http://dx.doi.org/10.1017/s0021223700015612.

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Israel Women's Network v. The Government of Israel (1994) 48(v) P.D. 501The petitioner, the Israel Women's Network, petitioned the Supreme Court of Justice against the appointment of a new member to the Ports and Railways Council and against the appointment of two new directors on behalf of the State to the board of directors of the State-controlled Oil Refinery. All three of the new appointees were men, such that neither of the two councils included a single woman in their composition. The petitioner disputed the constitutionality of these appointments arguing that in the particular circumsta
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23

Nawel, Lasledj. "LEGAL ORGANIZATION OF THE SUPREME JUDICIAL COUNCIL IN ALGERIA - A CRITICAL STUDY PURSUANT TO ORGANIC LAW NO. 22-12, WHICH ESTABLISHES THE METHODS FOR ELECTING THE MEMBERS OF THE SUPREME COUNCIL OF THE JUDICIARY AND THE RULES GOVERNING ITS ORGANISATION AND." Journal of Law and Sustainable Development 13, no. 4 (2025): e04457. https://doi.org/10.55908/sdgs.v13i4.4457.

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Objective: Aim The aim of this research is to examine the extent to which the Algerian legislator has established the independence of the High Council of the Judiciary in terms of its composition and functions, in accordance with Organic Law No. 22-12, given the constitutional status it occupies in supervising the professional career of judges and guaranteeing the independence of the judiciary and the immunity of its judges. Theoretical Framework: This study is divided into two sections: - The first section discusses the composition of the Supreme Council of the Judiciary under the new law, wh
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Sano, Sano, Anggawira Anggawira, and Suhandi Cahaya. "Penerapan Sistem Kamar di Mahkamah Agung Republik Indonesia dalam Rangka Meningkatkan Profesionalisme dan Kualitas Putusan para Hakim Agung." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 7 (2023): 5412–24. http://dx.doi.org/10.36418/syntax-literate.v8i7.13258.

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At the end of December 2016, the Supreme Court (MA) issued Circular Letter (SEMA) No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the 2016 Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Court. The agreement on the results of the formulation of new plenary legal rules of this chamber has been held every year since 2012, especially judicial technical discussions in handling cases in each chamber of the Supreme Court. So, this Chamber System is based on the specialization of the field of law mastered by each Supreme C
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25

Islankin, S. M. "Grounds and procedural procedure of dismissal from the post in criminal proceedings." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 355–60. http://dx.doi.org/10.24144/2788-6018.2022.01.64.

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In the scientific article, the legal and factual grounds for the application of the measure to ensure criminal proceedings in the form of dismissal from the post have been thoroughly investigated. It is concluded that there are legal grounds - the decision of the investigating judge or court on dismissal from the post; the decision of the President of Ukraine on dismissal from the post of persons appointed by him; the decision of the Supreme Council of Justice on temporary dismissal of the judge from the exercise of justice in connection with bringing to criminal responsibility, and the actual
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Strassfeld, Natasha M., and Robert N. Strassfeld. "After Janus: Teachers’ Unions, Walkouts, and Social Justice Unionism." International Journal of Educational Reform 29, no. 4 (2020): 334–53. http://dx.doi.org/10.1177/1056787920918601.

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Recent union-supported teachers’ walkouts and strikes across several U.S. states and cities highlighted union-led and grassroots efforts to amplify teachers’ voices. Yet, the recent U.S. Supreme Court decision, Janus v. AFSCME, Council 31, provides a strength test for teachers’ unions and members engaging in social justice/equity work within a post- Janus landscape. This article first explores traditional functions of teachers’ unions. Next, it examines Janus and potential consequences for union participation, teachers’ advocacy, and civil rights. Using a social justice lens, the article discu
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27

Kurnia, Titon Slamet. "PRESIDEN DAN PEMBERHENTIAN HAKIM KONSTITUSI: PEMISAHAN KEKUASAAN TANPA CHECKS AND BALANCES." Veritas et Justitia 10, no. 1 (2024): 60–84. http://dx.doi.org/10.25123/vej.v10i1.7735.

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On September 29, 2022, the People’s Representative Council (DPR) controversially removed Justice Aswanto and proposed Guntur Hamzah as his successor. Following the DPR’s decision, the President issued Presidential Decision Number 114/P of 2022. This process aligns with Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states: “The Constitutional Court is comprised of nine Justices who are appointed by the President, of whom three are proposed by the Supreme Court, three by the People’s Representative Council, and three by the President.” This provision incl
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28

Dobosh, Zoriana. "Peculiarities of establishment and development of the Supreme council of justice in Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 7, no. 26 (2020): 278–87. http://dx.doi.org/10.23939/law2020.26.278.

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29

Khaliuk, S. O. "Organizational powers of the Supreme Council of Justice in Ukraine: concepts and types." Прикарпатський юридичний вісник, no. 3 (2022): 31–35. http://dx.doi.org/10.32782/pyuv.v3.2022.7.

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30

Florczak-Wątor, Monika, and Kristina Trykhlib. "Judicial Reforms in Ukraine and the Future of Reform in Poland: Adapting Legal Solutions to National Contexts." Przegląd Konstytucyjny 2025, no. 1 (2025): 45. https://doi.org/10.4467/25442031pko.25.003.21494.

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This article examines the judicial reforms undertaken by three key Ukrainian institutions: the Constitutional Court, the Supreme Court, and the High Council of Justice. Focusing on the processes for selecting members and shaping institutional composition, it evaluates the outcomes of these reforms and provides recommendations for their continued development. Through a comparative analysis of Poland’s judicial institutions – the Polish Constitutional Tribunal, the Polish Supreme Court, and the National Council of the Judiciary – the study identifies reform elements from Ukraine that could addre
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31

Rehman, Qurrat-Ul-Ain. "WHEN PEN SWALLOW’S JUSTICE: A STUDY ON RECTIFICATION OF LAWS: ERROR FREE PUBLICATION OF LAWS OF PAKISTAN." Pakistan Journal of Social Research 03, no. 04 (2021): 432–36. http://dx.doi.org/10.52567/pjsr.v3i4.305.

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The Supreme Court of Pakistan took Suo moto action and passed an order on 3rd March, 2015 directing that legislation shall be made for the purpose of regulating the publication of law books and keeping a strict eye on the sale of inaccurate law book publically, as it led to adverse consequences. In August, 2015 Supreme Court of Pakistan passed an order directing that notices be issued to Pakistan Bar Council, Provincial Bar Councils as well as Federal Law Ministry and Provincial Law Departments so that the matter of error in publication of law books can be adequately addressed and this serious
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32

Amini, Mehdi, Fathollah Rahimi, and Hedieh Sadat Mirtorabi. "The Possibility of Judicial Oversight of Elections and Its Advantages Over Other Oversight Models." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 2 (2024): 329–43. https://doi.org/10.61838/csjlp.6.2.20.

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The necessity of overseeing elections is an inevitable and indisputable matter, and it serves as a crucial mechanism, authorization, and determining factor in the electoral process and the acceptance of election results. Given Article 99 of the Constitution, and considering the interpretations and methods of oversight by the Guardian Council, particularly the supervisory authority which leads to the expenditure of system resources to justify arbitrary and often political behaviors, there is a clear need for reform and review in this regard. In light of the shortcomings and issues present in th
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Uhrynovska, Oksana. "Administration of Justice during Military Aggression against Ukraine: The “Judicial Front"." Access to Justice in Eastern Europe 5, no. 3 (2022): 1–10. http://dx.doi.org/10.33327/ajee-18-5.3-n000310.

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This article is devoted to the study of the peculiarities of the administration of justice in the context of the large-scale military aggression of the Russian Federation against Ukraine. Within this framework, the authors carried out a detailed analysis of the recommendations on the work of courts in martial law provided by the Council of Judges of Ukraine and the Chairman of the Supreme Court. Taking into account the recommendations adopted during the conditions of martial law and the current jurisprudence formed at that time, the peculiarities of civil proceedings in martial law were single
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34

Kostkina, Yu. "Peculiarities of exercise by the High Council of Justice of powers of temporary suspension of judges from justice." Herald of criminal justice, no. 4 (2019): 115–22. http://dx.doi.org/10.17721/2413-5372.2019.4/115-122.

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Judicial reform was intended to strengthen the safeguards of judges and to ensure the independence of the judiciary as a whole. In order to achieve these goals, the legislature, in the framework of judicial reform, has reorganized the old High Council of Justice and created on its basis a new body. These changes were positively estimated not only by domestic scientists and practitioners, but also by the international community. The newly created body is authorized with a wide range of powers, designed to ensure the proper administration of justice, to protect judges and their independence, and
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35

Deshko, L., and О. Vasylchenko. "Limitation of human and citizen rights and freedoms and the role of the Supreme Council of Justice in ensuring independent justice and everyone’s right to protection of rights and freedoms by an independent court." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 438–42. http://dx.doi.org/10.24144/2307-3322.2023.79.2.69.

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The article emphasizes the change of the paradigm of the constitutional-legal mechanism of limiting the rights and freedoms of a person and citizen, as well as increasing the role of the Supreme Council of Justice in ensuring independent justice. It is emphasized that it is necessary to distinguish between the concepts of “restriction of rights and freedoms” and “fixation of the boundaries of the very essence of rights and freedoms”. Attention is drawn to negative human rights and the fact that they involve negative obligations of the state and its agents to refrain from any actions aimed at t
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36

Herych, A. "The Access to Administrative Justice during Wartime." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 227–32. http://dx.doi.org/10.24144/2788-6018.2022.05.42.

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The article is devoted to the study of the issue of access to justice during the war, as it stipulated by the other conditions for the implementation of justice in the state. Active hostilities are taking place in most regions of Ukraine, which makes it impossible to administer justice in administrative courts. However, the Supreme Council of Justice has resolved this issue properly, so the access to justice in Ukraine is currently available and the opportunity to defend one's violated right in accordance with the Constitution of Ukraine is guaranteed. Courts are obliged to implement justice e
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37

Bonenfant, Jean-Charles. "L'étanchéité de l'A.A.N.B. est-elle menacée?" Les Cahiers de droit 18, no. 2-3 (2005): 383–96. http://dx.doi.org/10.7202/042170ar.

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In his opinion in John A. MacDonald, Railquip Enterprises Ltd and Vapor Canada Limited, Chief Justice Laskin commented that in the future it might be necessary to reconsider the 1937 Labour Conventions Decision which established the « watertight compartments » doctrine applicable to the implementation of treaties concluded by Canada. According to this doctrine as it was set forth by the Privy Council, the fact that Canada can enter into treaties with other countries does not mean that the Federal Parliament of Canada can legislate contrary to the distribution of powers provided for by sections
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38

Svyda, O. H. "THE SUPREME COUNCIL OF JUSTICE: PROBLEMS OF FUNCTIONING UNDER THE CONDITIONS OF THE MARTIAL STATE." Juridical scientific and electronic journal, no. 6 (2022): 463–67. http://dx.doi.org/10.32782/2524-0374/2022-6/104.

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39

Khaliuk, S. O. "LEGAL PERSONALITY AS AN ELEMENT CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COUNCIL OF JUSTICE." State and Regions. Series: Law, no. 3 (2021): 35–39. http://dx.doi.org/10.32840/1813-338x-2021.3.6.

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Schwartz, Olga. "Recent Judicial Reforms in Russia: Justice or Efficiency?" Sravnitel noe konstitucionnoe obozrenie 31, no. 4 (2022): 69–88. https://doi.org/10.21128/1812-7126-2022-4-69-88.

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Russian judicial reform that started in 1991 with the adoption of the Judicial Reform Concept Paper by the then Parliament — the Supreme Soviet (Council) of the Russian Soviet Federative Socialist Republic — was several times declared completed including by the Supreme Court President Vyacheslav Lebedev but is still ongoing. During those years new waves of reform lost its primary objective of strengthening independence and impartiality of the judiciary and became ever more technical, mostly aimed at decreasing the workload of courts and increasing their efficiency. There is nothing new in such
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Feldek, Michael. "Guarantee for the value added tax." Financial Law Review 20, no. 4 (2020): 35–52. http://dx.doi.org/10.4467/22996834flr.20.019.13091.

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The paper examines legal disputes arising from the questionable implementation of article 205 of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax into the Czech legal order. The main aim of the paper is to find out whether the provisions resulting from that implementation are applicable, and if so under what conditions. Author draws conclusions mainly from case law of the Court of Justice of the European Union and Czech Supreme Administrative Court and uses analysis, synthesis and descriptive method.
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Valle, Vivian Cristina Lima López, Alina Nettel Barrera, and Thiago Ferrari Turra. "Right to adequate housing and the National Commission for the Resolution of Collective Land Conflicts of Resolution 510 of the CNJ: from the transitional regime in ADPF 828 of the STF as a permanent regime in the Judiciary." Seqüência Estudos Jurídicos e Políticos 45, no. 97 (2025): 1–28. https://doi.org/10.5007/2177-7055.2024.e100504.

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The deficit in the right to adequate housing in Brazil is an indisputable fact. Legislative policies and public policies have not proven to be sufficient and the Judiciary has acted to promote the social right to adequate housing in collective land conflicts. The general objective is to analyze judicial activism in terms of judicialization of public policies on adequate housing and specific objective is to analyze the structural decisions handed down in the judgment of ADPF 828 of the Federal Supreme Court, as well as the transition regime and the consequent creation of National Commission for
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Khaliuk, S. O. "Personnel powers of the High Council of Justice in Ukraine." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 75–79. http://dx.doi.org/10.24144/2788-6018.2022.04.13.

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The article is devoted to the scientific study of theoretical and legal aspects regarding the definition of the legal content of the concept of "personnel powers of the Supreme Council of Justice". Within the framework of the study, a scientific analysis of existing doctrinal sources was carried out regarding the concepts related to the outlined issues, namely: “powers”, “personnel”, “personnel work”, “personnel powers” and some others.
 The concept of personnel powers of the High Council of Justice is formulated as a set of rights and responsibilities of the body of judicial governance,
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Bowker, W. F. "Which is the Chief Chief Justice - David Lynch Scott or Horace Harvey." Alberta Law Review 30, no. 4 (1992): 1179. http://dx.doi.org/10.29173/alr1223.

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The creation of the Judicature Act in Alberta in 1919 and its amendments in 1920 led to a period of profound confusion within Alberta's judicial system. Two men, David Lynch Scott and Horace Harvey, were at the centre of this confusion. By exploring personal letters written by Horace Harvey and others, Dean Bowker exposes how the two judges and others behaved and felt as the question of who was the real Chief Justice in Alberta was argued through the Supreme Court and finally to the Privy Council. The letters illustrate that although this was a difficult time for the two men, both treated each
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Rybalko, Volodymyr, and Zhanna Simonyshyna. "Disciplinary liability of judges under subparagraph (a) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges»." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 41–56. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-4.

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Based on specific examples (in particular, from the case law of the Grand Chamber of the Supreme Court), the author highlights which offenses of a judge are qualified under subparagraph (1) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges». The author emphasizes that subparagraph (a) provides for three separate grounds for disciplinary liability of judges (1) unlawful refusal to administer justice (including unlawful refusal to consider claims, appeal and cassation claims on the merits, etc; (2) significant violation of procedural law in the admi
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Köchler, Hans. "Can the Notion of the Rule of Law Be Applied to the UN System?" Acta Iuris Stetinensis 41 (2022): 49–60. http://dx.doi.org/10.18276/ais.2022.41-04.

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The paper demonstrates that the Charter of the United Nations contains some incompatible norms, a fact that directly impacts the organization’s system of collective security. The voting procedure of the Security Council, privileging its permanent members, stands in open contradiction to the Charter’s principle of “sovereign equality” of all member states. Article 27(3) of the Charter makes uniform enforcement of the prohibition of the international use of force impossible because it effectively exempts the organization’s five permanent members. Those states can block any decision of the Counci
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Skwarzyński, Michał. "The Significance of the Judgment of the Supreme Administrative Court of 4 November 2021 in case no. III FSK 3626/21 as a Judgment of the National Court, European Judges for the Status of Assessors and Judges of Courts of First Instance and for the So-called Conditionality Mechanism." Studia Iuridica Lublinensia 32, no. 5 (2023): 455–77. http://dx.doi.org/10.17951/sil.2023.32.5.455-477.

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The commentary essentially endorses the considerations of the Polish Supreme Administrative Court judgment of 4 November 2021 in case no. III FSK 3626/21. The author indicated a possible way of resolving the dispute over the National Council of the Judiciary (NCJ) and the composition of the Supreme Court without destructive, automatic undermining of the status of judges selected in the procedure with the newly appointed NCJ. The standard defined by the Supreme Administrative Court applies to all assessors and all judges of first instance. Ignoring by the European Court of Human Rights in the c
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Yurkevych, Iryna, та Arsen Romaniv. "The Supreme Court аs а Court оf First Instance Regarding Cases оf State Importance for Ukraine". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, № 43 (2024): 308–18. http://dx.doi.org/10.23939/law2024.43.308.

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The article examines the consideration by the Supreme Court as a court of first instance for the certain categories of cases defined by the Codex of Administrative Justice of Ukraine (disputes regarding the results of elections and referenda, inaction of the Cabinet of Ministers of Ukraine regarding the implementation of the results of the All-Ukrainian referendum; acts, decisions, actions or inactions of the President of Ukraine, the Verkhovna Rada of Ukraine, the High Council of Justice, High Qualification Commission of Judges of Ukraine, the subjects of the appointment of judges of the Cons
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Adigozalova, Arifa. "The State Apparatus of the Azerbaijan Democratic Republic." ANCIENT LAND 7, no. 1 (2025): 7–12. https://doi.org/10.36719/2706-6185/43/7-12.

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The foundational principles of state governance system of the Azerbaijan Democratic Republic were enshrined in the Declaration of Independence. This constitutional act of the National Council like document specified that the state would be governed The National Council elected by the people of Azerbaijan and a responsible succeeding Provinsional Government as a People's Republic, until the establishment of the Constituent Assembly. The democratic nature of the state's political system was underpinned by the proclaimed principles of political freedoms and guarantees for national and religious r
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Hdanskyi, Nazar. "Cases of violation of guarantees of independence of judges by law enforcement agencies and individuals." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 42 (2024): 19–28. http://dx.doi.org/10.23939/law2024.42.019.

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The European Charter on the Statute for Judges establishes the “right to appeal” for every judge if he/she believes that there is a threat to his/her independence or the independence of the legal process, or if this independence is somehow violated, and in such a case, he/she can refer the matter to an independent body. This means that judges are not left defenseless in cases of encroachments on their independence. The right to appeal is a necessary guarantee, otherwise, it would remain merely a desire to establish principles aimed at protecting judges if they are not consistently supported by
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