Bibliographies thématiques / Delegate judge / Articles de revues

Pour voir les autres types de publications sur ce sujet consultez le lien suivant : Delegate judge.

Articles de revues sur le sujet « Delegate judge »

Auteur : Grafiati

Publié le 9 mars 2023

Mis à jour le 19 juillet 2025

Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres

Choisissez une source :

Consultez les 50 meilleurs articles de revues pour votre recherche sur le sujet « Delegate judge ».

À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.

Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.

Parcourez les articles de revues sur diverses disciplines et organisez correctement votre bibliographie.

Barabás, Gábor. "Delegated Papal Jurisdiction and the Religious Orders in the Diocese of Veszprém in the First Half of the 13th Century." Specimina Nova Pars Prima Sectio Medaevalis 8 (May 7, 2022): 65–81. http://dx.doi.org/10.15170/spmnnv.2015.08.05.

Texte intégral

Résumé :

The paper is a short contribution to the history of papal delegated jurisdiction in Hungary in the first half of 13th century. The main aim of the study is to analyse the participation of the monasteries of religious orders in the diocese of Veszprém at the practical work of the system of papal judge-delegation. The connection could be formed in two quite separated ways: their officials, or as legal persons the convents themselves could function either as papal judges-delegate in foreign litigations, or they could be contestants of their own cases. The paper introduces the known cases of the second group from the selected era, since the main characteristics of the activities as papal judges-delegate are presented as well.

Styles APA, Harvard, Vancouver, ISO, etc.

Sugiarto, Agus, Asep Hermawan, and Yanto Irianto. "THE AUTHORITY RECONSTRUCTION OF JUDGES IN DETAINING CHILDREN BASED ON THE JUSTICE VALUE." Jurnal Pembaharuan Hukum 10, no. 2 (2023): 316. http://dx.doi.org/10.26532/jph.v10i2.33297.

Texte intégral

Résumé :

The purpose of this study is to determine the Authority Reconstruction of Judges in Detaining Children with the Justice Value. This research uses a normative approach. The resulting research states that the authority of judges including Appellate Judges or High Court Judges in detaining defendants is contrary to the principle of presumption of innocence, detention is the realm of presumption of guilt which can only be used by investigators and public prosecutors, if the judge is burdened with the authority to carry out detention, then The judge is no longer independent, because in his decision he will take into account the detention that has been carried out, even the detention carried out by the judge is within his authority, The ideal reconstruction of the judge's authority in carrying out detention based on the principle of presumption of innocence and the value of justice, is to revoke the judge's authority to detain the defendant and delegate it to the public prosecutor.

Styles APA, Harvard, Vancouver, ISO, etc.

Tewernussa, Henry Elenmoris, Arpangi Arpangi, and Rakhmat Bowo Suharto. "Legal Analysis of the Participation of the Prosecutor Agency in Eradication of Narcotics Crime." Law Development Journal 4, no. 3 (2022): 446. http://dx.doi.org/10.30659/ldj.4.3.446-453.

Texte intégral

Résumé :

The purpose of this study is to examine and analyze the juridical implications of the role of the Prosecutor's Office in the eradication of narcotics. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. Article 1 paragraph (3) of Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia states that the action of the public prosecutor is to delegate the case to the competent district court in matters and according to the method stipulated in the criminal procedure law with a request to be examined and decided by a judge at court. The public prosecutor is a prosecutor who is authorized by law to carry out prosecutions and carry out judges' decisions. A prosecutor at the High Prosecutor's Office or at the Attorney General's Office can sue a person if he or she is first appointed to the District Attorney's Office in whose jurisdiction the offense is committed.

Styles APA, Harvard, Vancouver, ISO, etc.

BARABÁS, GÁBOR. "PAPAL CHAPLAIN AND SUBDEACON EGIDIUS. JUDGE DELEGATE AND LEGATE IN HUNGARY AT THE SAME TIME?" ИСТРАЖИВАЊА, no. 28 (December 27, 2017): 69–85. http://dx.doi.org/10.19090/i.2017.28.69-85.

Texte intégral

Résumé :

The present paper gives a short summary about the course of life of Egidius, a papal chaplain and subdeacon, who spent ca. three years in the Medieval Kingdom of Hungary in the late 1220’s as a judge delegate. The investigation focuses not on the litigations handled by the papal chaplain, but on one particular task of his, the establishment of the bishopric of Syrmia (Srem) and in connection with that on one main question: what kind of authority Egidius received from Pope Gregory IX for the planned measure. While analysing certain historical situations it is of great importance to establish whether a papal envoy was entrusted as a legate with full power or if he had to fulfil his obligation as a nuncio, with limited authorization. In the Hungarian historiography Egidius is handled traditionally as a legate, but his entire mission in Hungary seems to be of a more complex nature, therefore the question itself requires a new analysis.

Styles APA, Harvard, Vancouver, ISO, etc.

Kim, Ji-Young, and Myeong-Jeon Oh. "A Case of Determining Control when Holding Voting Rights of Less Than a Majority: A Step-by-step Review to Determine whether the Power is Retained." Institute of Management and Economy Research 14, no. 1 (2023): 313–25. http://dx.doi.org/10.32599/apjb.14.1.202303.313.

Texte intégral

Résumé :

Purpose - The purpose of this study is to examine the process of determining control in a situation where investors hold less than a majority of the voting rights of the investee through case. Design/methodology/approach - In this study, the various and complex considerations presented in K-IFRS 1110 ‘Consolidated Financial Statements’ were systematically classified and stratified. Findings - First, the agreement to delegate voting rights does not necessarily have to be documented, but it can be said to be substantive rights right only if it is not of the nature that one party can discontinue at any time. Second, if it is clear that investors do not have power due to the relative size of voting rights and the degree of stock dispersion, there is no need to review the past shareholders' meeting resolutions and additional facts and circumstances. Research implications or Originality - This study expects to minimize errors in applying the standards by classifying and stratifying the various considerations presented in K-IFRS 1110 into first and subsequent considerations. In addition, it is expected to contribute to reducing practical confusion in determining control by presenting a step-by-step review through case on whether or not to have power to judge control when holding voting rights of less than a majority.

Styles APA, Harvard, Vancouver, ISO, etc.

Mullenix, Linda. "The Short Unhappy Life of the Negotiation Class." University of Michigan Journal of Law Reform, no. 56.3 (2023): 613. http://dx.doi.org/10.36646/mjlr.56.3.short.

Texte intégral

Résumé :

On September 11, 2019, Judge Dan Aaron Polster of the United States District Court for the Northern District of Ohio, Eastern Division, approved a novel negotiation class certification in the massive Opiate multidistrict litigation (MDL). Merely one year later on September 24, 2020, the Sixth Circuit reversed Judge Polster’s certification order. While the Opiate MDL has garnered substantial media and academic attention, less consideration has been directed to analyzing the significance of the negotiation class model and the appellate repudiation of this innovative procedural mechanism. This Article focuses on the development and fate of the negotiation class and considers the lessons to be gleaned from its attempted use in the Opiate MDL. The short unhappy life of the negotiation class raises questions whether its failure was a consequence of implementation or design. This is an important question because if the failure was the result of problematic implementation in the context of idiosyncratic circumstances, then the negotiation class model may live to see another day. On the other hand, if the failure was the consequence of deficient design and judicial overreaching, then the negotiation class may be consigned to the museum of good intentions gone awry. The novel proposal for a negotiation class did not come out of nowhere but was another chapter in a five-decade struggle between aggregationist attorneys and judges seeking creative solutions to mass litigation, pitted against jurists repudiating adventurous use of the class action rule. This Article provides the definitive narration of the historical evolution of expanding novel uses of Rule 23, anchored in the mass tort litigation crisis that emerged on federal court dockets in the late 1970s. The article illustrates how Judge Polster’s negotiation class was the logical culmination of decades of judicial and academic experimentation with innovative procedural means to accomplish the fair and expeditious resolution of aggregate litigation. It traces the role of the American Law Institute in advancing pro-aggregation initiatives, laying the groundwork for the Opiate negotiation class proposal. The discussion elucidates how the debate over the settlement class concept in the 1990s presaged the same debate over the negotiation class three decades later, and how criticisms of the ALI aggregate litigation proposals resurfaced in opposition to the Opiate negotiation class. The negotiation class model promised to ameliorate numerous problems inherent in heterogenous group litigation by infusing class litigation with collective action theories and democratic participatory features. The centerpiece of the negotiation class was to bring class claimants to the table and provide them with meaningful voice through group design of a settlement allocation metric, coupled with a franchise vote to approve or disapprove any offered settlement. Its other defining feature was to provide defendants at early juncture in proceedings with an accurate assessment of the class size as an incentive to enable defendants to secure global peace. The attempted implementation of the negotiation class in the Opiate litigation revealed numerous fault lines in the proposal. The negotiation class as applied failed to provide many claimants with comprehensible information regarding the devised allocation formula. Some claimants believed that it failed to ameliorate the kinds of intraclass conflicts it was designed to remedy. State attorneys general raised the specter of interference with state prerogatives. Furthermore, rather than empowering class members at the negotiation table, the development of the Opiate litigation defaulted to a traditional model of attorney empowerment and dominance in the resolution of aggregate proceedings. The promise of collective action and democratization proved illusory. The deployment of the negotiation class concept in the Opiate MDL also entailed problematic questions concerning the role of judicial surrogates in aggregate litigation and the increasing power and influence that courts delegate to non-party actors. Judge Polster’s embrace of the negotiation class in the Opiate litigation placed the judge, his court-appointed surrogates, and the array of plaintiff and defense attorneys in tension with the Supreme Court admonition to federal judges, at the end of the twentieth century, to cease adventurous use of the class action rule. It may well be that the Opiate MDL was a poor vehicle to test the negotiation class proposal and so the problem was one of implementation, rather than design. The failure of the Opiate negotiation class leaves open the question of whether those who crafted it could have done a better job to avoid appellate reversal. Nonetheless, if the array of special masters, expert academic professors, a seasoned senior judge, and highly experienced complex litigation attorneys were unable to successfully shepherd the first negotiation class, this experience raises doubts about its prospects. It should be remembered that the settlement class of the 1990s was a novel procedure in its day, yet it subsequently became a stock device in the class action toolbox. The history of the settlement class may foreshadow better days for the negotiation class or inspire further rulemaking by the federal judiciary to legitimate the negotiation class model.

Styles APA, Harvard, Vancouver, ISO, etc.

Popovič, Jurij. "The Abbreviated Matrimonial Process before the Bishop and Ecclesiastical Divorce in the Orthodox Churches." Ecumeny and Law 11, no. 1 (2023): 59–87. http://dx.doi.org/10.31261/eal.2023.11.1.03.

Texte intégral

Résumé :

The article presents a critical examination of the abbreviated process before the bishop and ecclesiastical divorce in the Orthodox Churches. The basic point of departure for the analysis is the post-synodal Apostolic Exhortation Amoris laetitia promulgated by Pope Francis. Article 244 in the subsection entitled “Accompaniment after breakdown and divorce” explains Pope Francis’ motivation behind the modifications to the briefer process before the bishop in line with his Apostolic Letter motu proprio Mitis et misericors Iesus. Using a combined method of analysis, synthesis and comparison, the article aims to present a comprehensive theological and judicial view on the abbreviated matrimonial process before the bishop and on the practice of the Orthodox Churches in the process of ecclesiastical divorce. The textual analysis revealed that the primary reason for the modifications was the length of the process as it posed considerable difficulties and exhausted the parties involved. Pope Francis’ recent documents on the subject have resulted in simplification of the procedures eventually granting the declaration of nullity of marriage. These documents have highlighted a very important component of the Second Vatican Council’s teaching that the bishop himself, in his local church over which he has been appointed shepherd and head, is at the same time a judge of the faithful entrusted to him. The article also emphasizes that bishops do not delegate the said ministry entrusted to them to other structures within their eparchies but exercise their ministry personally for the salvation of immortal souls.

Styles APA, Harvard, Vancouver, ISO, etc.

Patricia Yosephin, Priscila. "Analisis Yuridis Pembubaran Perseroan Terbatas (PT) Yang Tidak Beroperasi." Recital Review 3, no. 2 (2021): 314–30. http://dx.doi.org/10.22437/rr.v3i2.15290.

Texte intégral

Résumé :

Dissolution of a limited liability company consists of some methods pursuant to Article 142 of Law No. 40/2007 On Limited Liability Companies, one of which is by a court ruling. According to explanation of Article 146 of the Law on Limited Liability Companies, dissolution of a limited liability company with an excuse that it no longer operates has to be proved with a letter submitted to tax agency. However, the law does not mention who is authorized to submit the letter to tax agency. This research analyses the position of directors and stockholders in the process of dissolution of a limited liability company that no longer operates, the consideration and ruling handed down by the judge in the Verdict of the Supreme Court Number 1618 K/PDT/2016 and the Verdict of the Constitutional Court No. 63/PUU-XVI/2018 concerning legal certainty of position of director and stockholders related to the process of dissolution of a limited liability company that no longer operates, and the legal protection for stockholders in case the director fail to perform their duties and report to related institutions in the process of dissolution of a limited liability company. This research employs normative juridical method and is juridical analytical. The data are collected through library research conducted by document study. The data analysed qualitatively and the conclusion is drawn deductively. The juridical analysis demonstrate that concerning the dissolution of a limited liability company that no longer operates in the Verdict Number 1618 K/PDT/2016, the Panel of Judges state that the director is rightful to submit a letter related tax agency regarding that the limited liability company no longer operates. In relation with the explanation of article 146 paragraph 1 letter C o the Law on Limited Liability Companies in the Verdict No. 63/PUU-XVI/2018, the Panel of Judges state that the explanation is not unconstitutional an has provuded adequate explanation that although director is not mentioned as the organ of a limited liability company that shall submit the letter to tax agency concerning its non-operating company, it has to be clearly understood that the Law on Limited Liability Companies delegate the responsibility of organization of the company only to the director. With this anlysis, it is suggested that more assertive and clear regulations be made in order to prevent various interpretations patricularly in understanding the explanation of the Law No. 40/2007 on Limited Liability Companies.

Styles APA, Harvard, Vancouver, ISO, etc.

Gábor, Barabás. "„super hiis inquiratis diligenter rei veritatem”." PONTES 4 (October 20, 2021): 95–109. http://dx.doi.org/10.15170/pontes.2021.04.01.04.

Texte intégral

Résumé :

The paper discusses a special aspect of the papal-Hungarian relations, namely the operation of the delegated jurisdiction in the second half of the 13th century, from the Mongol invasion of 1241–42 to the death of the last Árpádian king, Andrew III in 1301. The focus of the study is on the cases, in which the judges-delegate appointed by the pontiffs had to face questions of ecclesiastical hierarchy or church-discipline. It is to be determined, when (and partially: why) members of the Hungarian Church turned to the Holy See to make use of the delegation of papal judges. Furthermore, it is to be examined, what was the effect of the authorizations, and if so, under which circumstances did the popes want to intervene in Hungarian matters by using one of their universal tool to shape the regions of Western Christianity, their delegated jurisdiction. The issue of the Bosnian bishopric, the quarrel over the borders between the dioceses of Kalocsa and Pécs, or the allegations and the procedure against Bishop Job of Pécs are all helping to fi nd answers to those questions.

Styles APA, Harvard, Vancouver, ISO, etc.

GKOUTZIOUKOSTAS, Andreas. ""Judges of the Velum" and "Judges of the Hippodrome" in Thessalonike (11th c.)." BYZANTINA SYMMEIKTA 20 (September 6, 2010): 67. http://dx.doi.org/10.12681/byzsym.970.

Texte intégral

Résumé :

The present study focuses on judicial officers coming from Constantinople to Thessalonike in the 11th century. The judge of the theme of Thessalonike was in charge of trying cases in the region. From the second fifth of the 11th century, however, his jurisdiction was extended to the greater financial and judicial unit of Boleron, Strymon and Thessalonike as well. Lead seals and documents from the archives of the monasteries of Athos prove that many of the krites of Boleron, Strymon and Thessalonike had been previously krites of the velum and judges of the hippodrome who performed their duties in the capital and belonged to the ranks of the “small judges”. These judicial officers tried cases that were referred to them, while they could also function as assessors of the “great” or superior judges of Constantinople, i.e. the droungarios of the vigla, the dikaiodotes, the protoasecretis, the eparchos of the city, the koiaistor and the epi ton kriseon. The latter could delegate the authority to try cases to the “small” or inferior judges. Consequently, the judges of the velum and the judges of the hippodrome could also be sent from Constantinople to the themes by the emperor or other officials, in order to examine some cases and then return to the capital. This is confirmed by the primary sources, which mention for example the case of judge of the hippodrome Michael Rhodios, who was sent by Alexios I Komnenos in 1084 from Constantinople to the region of Thessalonike, in order to examine a dispute between the Lavra monastery and the brother of the emperor, Adrian. Some years later Michael Rhodios was sent again to try cases in Thessalonike, but this time as krites of Boleron, Strymon and Thessalonike. Consequently, apart from the judge of Boleron, Strymon and Thessalonike, other judges delegated by the emperor or by high officers could also examine cases there, as happened in other themes. From the 14th century on, as Macedonia developed its own law schools, a person who had acquired legal training and judicial experience in Thessalonike could continue his judicial career in Constantinople.

Styles APA, Harvard, Vancouver, ISO, etc.

Benítez-Inglott y Ballesteros, Eduardo. "Causas in Partibus Cognoscendas: An Edition of a Vatican Document and Its Possibilities for Future Research on Papal Judges Delegate in Late Medieval Castile." Anthologica Annua, no. 70 (December 8, 2023): 349–68. http://dx.doi.org/10.59530/anthann.2023.70.11.

Texte intégral

Résumé :

This article offers a commentary, edition, transcription, and translation of a papal letter issued during Martin V’s pontificate to King Juan II of Castile: Per Litteras. Largely overlooked until now, Per Litteras is a highly interesting source because it leads us to start considering the phenomenon of papal judges delegate in the Crown of Castile in the Late Middle Ages. This paper begins by analysing Per Litteras’ contents. Given that the letter is undated, we will propose a date of production. We will then proceed to place it into the broader context of diplomatic exchanges between the Holy See and the Crown of Castile. Finally, we discuss how the document may help us understand papal delegated jurisdiction in late medieval Castile.

Styles APA, Harvard, Vancouver, ISO, etc.

Barabás, Gábor. "The Hungarian Royal Family and the Delegated Papal Jurisdiction from the Mongol Invasion to the late Thirteenth Century." Specimina Nova Pars Prima Sectio Medaevalis 12, no. 1 (2023): 87–100. http://dx.doi.org/10.15170/spmnnv.2023.12.05.

Texte intégral

Résumé :

This paper is a short contribution to the history of the relations between the Roman pontiffs and the Hungarian rulers, or in a broader sense, the royal family. The focus of the research is on the second half of the thirteenth century, starting with the events after the Mongol invasion of Hungary in 1241–1242 and ending with the death of the last Árpádian king, Andrew III. The main question is: how did the members of the royal family get in touch with papal judges-delegate in the realm of St. Stephen? In which cases did they turn to the papacy in order benefit from the system, and under what circumstances did they appear as participants of a procedure? One of the most interesting sources regarding the attitude towards the papal delegated jurisdiction is a petition of King Béla IV. In his response, Pope Innocent IV forbade – with certain exceptions – the citation of the subjects of the king outside of the realm. The initiative of the Hungarian ruler is clear evidence for his awareness of the extension and the significance of the system of delegated jurisdiction in his kingdom.

Styles APA, Harvard, Vancouver, ISO, etc.

Barabás, Gábor. "Der Einfluss der Papsturkunden auf die Schreiben der päpstlichen delegierten Richter in Ungarn in der ersten Hälfte des 13. Jahrhunderts." Specimina Nova Pars Prima Sectio Medaevalis 7 (May 7, 2022): 19–37. http://dx.doi.org/10.15170/spmnnv.2013.07.02.

Texte intégral

Résumé :

The influence of papal mandates on the charters of Hungarian papal judge-delegates in the first half of the thirteenth century The paper is a short contribution to the research on the influence that papal literacy exerted on the charters of Hungarian papal judge-delegates in the first half of the 13th century. The main aim of this topic is to identify how and to what extent the characteristics of papal mandates were reflected in the phrases of the relevant Hungarian documents. Furthermore, is it also important to examine how the delegates expressed the importance of their papal authorisation.

Styles APA, Harvard, Vancouver, ISO, etc.

Brewbaker, William S. "Found Law, Made Law and Creation: Reconsidering Blackstone's Declaratory Theory." Journal of Law and Religion 22, no. 1 (2006): 255–86. http://dx.doi.org/10.1017/s0748081400003271.

Texte intégral

Résumé :

Sir William Blackstone's Commentaries on the Laws of England is arguably the single most influential work of jurisprudence in American history. Written in the late eighteenth century, it regularly appeared in American law school classrooms up until the early part of the twentieth century, when ridiculing Blackstone and the Commentaries became a part of legal academic orthodoxy and the influence of the Commentaries waned. Blackstone eventually became the poster child for everything that the realists and their descendants thought was wrong with American law—formalism, natural rights and plutocracy.Both Blackstone's admirers and his detractors have devoted significant attention to his famous account of judging, which holds that judges find (or declare) law rather than make law. In the introduction to the Commentaries, Blackstone states that the judge's job is to determine the law “not according to his own private judgment, but according to the known laws and customs of the land;” the judge is “not delegated to pronounce a new law, but to maintain and expound the old one.” One reason Blackstone's account has been attractive in some quarters is because it supplies apparent answers to a number of problems raised by the idea of judge-made law. If judges merely find and apply authoritative law, their decisions presumptively carry the authority of the law they are applying. Because the law pre-exists the decision, the specter of retroactive liability disappears.

Styles APA, Harvard, Vancouver, ISO, etc.

Sandberg, Haim. "What Happens when the Judiciary Switches Roles with the Legislator? An Innovative Israeli Version of a Mixed Jurisdiction." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (2017): 40. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2502.

Texte intégral

Résumé :

Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step. Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of a far-reaching and fundamental ruling to the legislature was a subversion of the fundamental ruling and delayed justice for the parties who sought a resolution of the matter. The paper claims that this mechanism leads to the creation of a new variety of a "mixed-system". The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the court resembles a section of an analytical "civil law" statute. When the motivation for legislation stems from the court's directives, rather than the governmental or legislative interests, the legislature or the executive branch has an interest in thwarting the court’s intention through the use of various tactics readily at its disposal. This process also affects the vague and detailed formulation of the legislation, which has a character rather different from the abstract nature of civil law legislation. The lesson that this episode teach us, which the court itself internalized, is that a court cannot really dictate a legislative agenda and that it should instead focus on its designated role – the resolving of concrete disputes.

Styles APA, Harvard, Vancouver, ISO, etc.

Rahimzai, Hisamudin, and Naqibulla Mushfiq. "Ta’zir Punishment and Delegated Authority in Accordance with Islamic Jurisprudence and Afghanistan’s Enacted Laws." Integrated Journal for Research in Arts and Humanities 3, no. 5 (2023): 1–14. http://dx.doi.org/10.55544/ijrah.3.5.1.

Texte intégral

Résumé :

Ta’zir punishment is the punishment of acts that do not have certain legal penalties, whether it is violating the rights of Allah (SWT), the rights of others, or the public interest. The legal basis of Ta’zir punishment is from the Holy Qur’an, the Prophetic Hadiths, the consensus of the Muslim community, and personal reasoning. In Islamic Sharia, there are many types of Ta’zir punishments, which range from advice up to execution, in consideration of the public order and interests of the community. In Ta’zir punishments, the determination of a sentence for the offender is subject to the authority and ability of the judge, and is specified in consideration of the interests and support of the community, along with the circumstances of the offense, the corrective effect of the sentence, and the character and criminal record of the offender. Many philosophies to legitimize disciplinary punishments, such as protecting humanity’s life and interests, reducing the magnitude of crime in society, and the correction and punishment of offenders are also incorporated. Ta’zir punishment has some unique characteristics, which include the indefiniteness of penalties, whereby the lawmaker’s authority and ability to punish is delegated to judges. Not only may the judge forgive the offender, but the personality and criminal record of the offender are also considered in determining the punishment. Because many people in Afghan society do not understand the concept of Ta’zir punishment, how they are applied, and how they are specified, so this Article is designed to help resolve these issues.

Styles APA, Harvard, Vancouver, ISO, etc.

Grant, Leigh H., Alexandra Shahwan, Ifat Maoz, and Boaz Keysar. "The influence of accent on the evaluation of trust-building efforts during conflict." PLOS ONE 19, no. 11 (2024): e0311373. http://dx.doi.org/10.1371/journal.pone.0311373.

Texte intégral

Résumé :

The Israeli-Palestinian conflict has been an ongoing source of violence in the Middle East, claiming the lives of tens of thousands of people. As of late violence has escalated, with this year being one of the deadliest years in the conflict in decades. Therefore, now more than ever finding ways to bridge divides is essential to reduce the human suffering associated with the conflict. In this study we evaluated the impact of an important element of communication: accent. We demonstrate that the accent through which trust-building initiatives are communicated can inadvertently sway public opinion regarding their benefits. Jewish-Israelis listened to the same trust-building proposal communicated by a Palestinian delegate with varying degrees of Palestinian Arabic-accented Hebrew. When the same proposal came from a Palestinian delegate with a heavier accent, Jewish-Israelis thought this proposal was significantly worse for Israel than when it was offered by a Palestinian delegate who spoke Hebrew with no detectable, non-native accent. This effect was explained by differences in how the Palestinian delegate was judged depending on his accent. When the delegate spoke with heavier, Arabic-accented Hebrew, he was judged more harshly than when he spoke Hebrew with no such accent, which in turn reduced how favorably Jewish-Israelis evaluated the proposed measures. Our findings show that the way in which trust-building measures are communicated can shape how they are received and thus has direct implications for diplomatic efforts.

Styles APA, Harvard, Vancouver, ISO, etc.

Swanson, R. N. "Arbitration, Delegation, Conservation: Marginalized Mechanisms for Dispute Resolution in the Pre-Reformation English Church." Studies in Church History 56 (May 15, 2020): 165–81. http://dx.doi.org/10.1017/stc.2019.10.

Texte intégral

Résumé :

The records of diocesan and peculiar courts of late medieval England have received extensive academic scrutiny, generating a reasonably clear picture of a hierarchical pyramid ultimately headed by the papal curia. However, that picture is an incomplete depiction of the totality of the ecclesiastical mechanisms of dispute resolution. Existing scholarship largely ignores the use of arbitrated extra-curial settlements to avoid litigation (or, alternatively, a formal sentence). Concentration on the provincial court hierarchy also marginalizes the more directly papal courts of judges delegate and assorted local agents with judicial powers, which functioned within England between 1300 and the Reformation and bypassed the normal fora. Drawing on a wide range of scattered source material, this article introduces these neglected elements of the church's legal system, including the resident papal conservators appointed at the request of petitioners to exercise a general delegated papal judicial authority on their behalf, whose existence has been almost completely unnoticed. It suggests the significance of arbitration, delegation and conservation within the wider structure, and the need to give them much more attention if the practical importance of canon law in pre-Reformation England is to be properly understood and appreciated.

Styles APA, Harvard, Vancouver, ISO, etc.

Anderson, Jeffrey H. "Learning from the Great Council of Revision Debate." Review of Politics 68, no. 1 (2006): 79–100. http://dx.doi.org/10.1017/s0034670506000015.

Texte intégral

Résumé :

Should judges play a prominent policymaking role through their exercise of judicial review, or should judicial review be exercised to strike down only those acts that clearly violate the Constitution's text or historical context? Prevailing scholarship maintains that the Constitutional Convention debates provide little relevant guidance with which to answer this question. The truth is essentially the opposite: the Convention delegates extensively considered the role that judges should play in policymaking, particularly during their debate over a proposed council of revision. This essay revisits the council of revision debate. It argues that beneath the delegates' clear disagreements lies an apparent consensus, one heretofore largely unrecognized: that whether or not judges should have been invited to play the policymaking role they would have played as members of a council of revision, they should not play a policymaking role while serving on the judicial bench.

Styles APA, Harvard, Vancouver, ISO, etc.

Sharafi, Mitra. "The semi-autonomous judge in colonial India." Indian Economic & Social History Review 46, no. 1 (2009): 57–81. http://dx.doi.org/10.1177/001946460804600104.

Texte intégral

Résumé :

Through a survey of 19 leading cases on Islamic dower and divorce between 1855 and 1924, this article explores the ways in which judges acted as semi-autonomous agents by undermining the colonial legislation and personal law treatises they were expected to apply. Contrary to the view that colonial judges consistently reinforced the patriarchal authority of husbands in direct and immediate ways, it suggests that some colonial judges were working in the service of their own chivalric imperialist agenda: the defence of Muslim wives. The article focuses on two particular moves. First, colonial judges encouraged the use of inflated dower, a device intended to make the husband's power of triple talāq too expensive to use. Colonial legislators invalidated inflated dower in various parts of India, but judges confirmed the validity of inflated dower sums whenever possible. Second, judges expanded the use of delegated divorce, a device that helped Muslim wives counter their husbands' right to polygamy and unilateral divorce. In doing so, judges undermined the restricted approach to delegation taken by colonial treatises on Anglo-Islamic law.

Styles APA, Harvard, Vancouver, ISO, etc.

Park, Da-Rae. "Review of the obligation to pay medical expenses in the case of restrictions on liability for medical litigation: Focusing on the court ruling." Wonkwang University Legal Research Institute 27 (June 30, 2022): 27–53. http://dx.doi.org/10.22397/bml.2022.27.27.

Texte intégral

Résumé :

In the case of medical malpractice litigations, even if the hospital's negligence is admitted, in most cases restriction on liability is admitted. Since the medical expenses are in return for medical practice, the hospital can claim it when the medical practice is performed according to the contents delegated. In the event of a medical malpractice, if the hospital is not negligent, or if it is completely responsible, it is clear whether the mandate has been fulfilled. But in case of restriction on liability, it is not clear whether or not a medical fee can be claimed. In many cases, courts judge that there is no obligation to pay the total medical expenses regardless of the liability limit rate, while in most cases, medical expenses are calculated by reflecting the liability limit rate. If the obligation to pay medical expenses is judged differently depending on whether it is a claim for damages or a medical expense lawsuit, an unreasonable situation may occur in which the obligation to pay medical expenses is judged differently depending on the timing of payment of medical expenses. If the patient's negligence contributes, the ratio of negligence should be reflected in the medical expenses according to the law of comparative negligence. If the risk of the disease itself is high or the patient's constitutional predisposition limits liability, the proportion of the factor's contribution in terms of fair and reasonable sharing of damages should be reflected in the claim.

Styles APA, Harvard, Vancouver, ISO, etc.

Cadili, Alberto. "Gli hussiti come (mancata) minoranza conciliare al Concilio di Basilea (1431–1433)." Annuarium Historiae Conciliorum 49, no. 2 (2020): 322–51. http://dx.doi.org/10.30965/25890433-04902005.

Texte intégral

Résumé :

Abstract In 1433 the hussite delegation in Basle wanted to discuss the Four Articles according to the pacts of Eger (the “judge of Eger”), i.e. primarily according to the Bible. The delegates insisted on persuading the other party or on being persuaded by it; they weren’t willing to become a conciliar minority because the decision-making processes were based on the majority-principle. Furthermore, the Council offered a different “judge”: It was the Council itself, because the infallible Church beheld the “monopoly” of the Bible exegesis and transmitted this monopoly to the Synod. In this way it became less relevant to discuss the specific topics of the Four Articles. The Hussites, however, remained outside this doctrine, which was fundamental for the legitimacy of the conciliar decision-making process: they didn’t recognize this new judge and didn’t subdue to him.

Styles APA, Harvard, Vancouver, ISO, etc.

Williamson, Eila. "P.C. Ferguson, Medieval Papal Representatives in Scotland: Legates, Nuncios, and Judges-Delegate." Innes Review 55, no. 1 (2004): 95–97. http://dx.doi.org/10.3366/inr.2004.55.1.95.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

Barrow, Julia, and Paul C. Ferguson. "Medieval Papal Representatives in Scotland: Legates, Nuncios, and Judges-Delegate, 1125-1286." American Journal of Legal History 43, no. 1 (1999): 79. http://dx.doi.org/10.2307/846134.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

Barrow, Julia. "Medieval Papal Representatives in Scotland: Legates, Nuncios, and Judges-Delegate, 1125–1286." American Journal of Legal History 43, no. 1 (1999): 79–81. http://dx.doi.org/10.1093/ajlh/43.1.79.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

Editorial Team. "2nd Evidence in Practice Award Open for Entries." Evidence Based Library and Information Practice 1, no. 4 (2006): 85. http://dx.doi.org/10.18438/b83k5f.

Texte intégral

Résumé :

The 2nd Evidence in Practice Award is now open for entries.   In approximately 750 words, can you describe a case study where your work has influenced clinical practice? We are looking for examples of good evidence-based librarianship practice in a healthcare setting, examples of where librarians and information professionals have influenced clinical practice and patient outcomes. The competition is open to partnerships of clinical and health professionals in the UK.   The winning partnership will each receive a Personal Digital Assistant, £500 each towards attendance at a professional conference or course of their choice, plus a free delegate place at the 3rd Clinical Librarian conference. Prizes are jointly sponsored by NLH and BMJ Group.  Entries can be submitted up to 31st March 2007 after which anonymised case studies will be judged by an independent panel combining clinical and information expertise. The judges' decision will be final.  The award will be presented at the 3rd UK Clinical Librarian Conference, 11th & 12th June 2007, St William's College, York Minster, where the award winners will an opportunity to share their example of successful practice.  Online entry for the award is available at: http://www.insitefulsurveys.com/Survey.asp?SI=110406111828

Styles APA, Harvard, Vancouver, ISO, etc.

Mavroidis, Petros C., and Louise Johannesson. "Black Cat, White Cat: The Identity of the WTO Judges." Journal of World Trade 49, Issue 4 (2015): 685–98. http://dx.doi.org/10.54648/trad2015027.

Texte intégral

Résumé :

World Trade Organization (WTO) judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or, by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first as well as second instance WTO judges (e.g., Panellists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the General Agreement on Tariffs and Trade (GATT). Whereas the legal regime has been heavily ‘legalized’, the people called to enforce it remain the same.

Styles APA, Harvard, Vancouver, ISO, etc.

Arief Fahmi Lubis. "Sanksi Pemberhentian dengan Tidak Hormat Prajurit TNI atas Pertimbangan Hakim Militer karena Ketidaklayakan Berdinas Lagi di Lingkungan Militer." Jurnal Media Administrasi 6, no. 2 (2021): 131–43. http://dx.doi.org/10.56444/jma.v6i2.1132.

Texte intégral

Résumé :

Provisions regarding dishonorable discharge are regulated in Article 53 paragraph (1) of Government Regulation Number 39 of 2010 concerning Administration of TNI Soldiers, which regulates dishonorable discharge from military service, as an implementation of the provisions of Article 62 paragraph (3) of Law Number 34 of 2004 concerning Indonesian national army. The aim of this research is to show that the norm for imposing an additional penalty of dismissal by a judge in a court trial is Article 26 paragraph (1) of the Criminal Code which confirms that the defendant, based on the crime he committed, is deemed no longer fit to remain in the military. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description at the time of the research. The results of this research show that from the perspective of Military Criminal Procedure law, it can be said that dismissal is the sole authority of the Military Judge taking into account the unfitness of the soldier to be retained to continue serving in the military environment, so that this authority cannot be delegated to a civilian Judge, because the decision will be made basis by the TNI leadership to be followed up. For these military members, dismissal from military service is the end of their career and service within the Indonesian National Army (TNI), the consequences of which will be followed by the termination of the rights they have received so far.

Styles APA, Harvard, Vancouver, ISO, etc.

Watt, DER. "Shorter notice. Medieval Papal Representatives in Scotland: Legates, Nuncios, and Judges-Delegate, 1125-1286. Paul C Ferguson." English Historical Review 115, no. 460 (2000): 180–81. http://dx.doi.org/10.1093/enghis/115.460.180.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

Watt, D. "Shorter notice. Medieval Papal Representatives in Scotland: Legates, Nuncios, and Judges-Delegate, 1125-1286. Paul C Ferguson." English Historical Review 115, no. 460 (2000): 180–81. http://dx.doi.org/10.1093/ehr/115.460.180.

Texte intégral

Styles APA, Harvard, Vancouver, ISO, etc.

Williams, Matthew. "Legislative language and judicial politics: The effects of changing parliamentary language on UK immigration disputes." British Journal of Politics and International Relations 19, no. 3 (2017): 592–608. http://dx.doi.org/10.1177/1369148117705272.

Texte intégral

Résumé :

Why does the British government increasingly lose immigration cases in court? More broadly, what can explain the changing behaviour of appeal court judges? It is because government powers to manage immigration, delegated by Parliament, are increasingly couched in indeterminate language. Indeterminacy in legislation not only allows for executive discretion but also encourages litigation. Parliament has therefore provided the cause of action, and judges are not being ‘activist’. This argument revitalises, with nuance, the legal model of judicial behaviour. New evidence supports the claim, with discourse analysis of all 1233 sections of immigration legislation enacted from 1905 to 2016 showing an increase in indeterminacy. Logit regression modelling of 252 immigration appeal cases between 1970 and 2012 shows that changes to language and the administration of the law can explain the outcome in 73% of cases.

Styles APA, Harvard, Vancouver, ISO, etc.

Thordarson, David B., Lew C. Schon, Cesar de Cesar Netto, et al. "Consensus for the Indication of Lateral Column Lengthening in the Treatment of Progressive Collapsing Foot Deformity." Foot & Ankle International 41, no. 10 (2020): 1286–88. http://dx.doi.org/10.1177/1071100720950732.

Texte intégral

Résumé :

Recommendation: Progressive collapsing foot deformity (PCFD) is a complex 3D deformity with varying degrees of hindfoot valgus, forefoot abduction, and midfoot supination. Although a medial displacement calcaneal osteotomy can correct heel valgus, it has far less ability to correct forefoot abduction. More severe forefoot abduction, most frequently measured preoperatively by assessing talonavicular coverage on an anteroposterior (AP) weightbearing conventional radiographic view of the foot, can be more effectively corrected with a lateral column lengthening procedure than by other osteotomies in the foot. Care must be taken intraoperatively to not overcorrect the deformity by restricting passive eversion of the subtalar joint or causing adduction at the talonavicular joint on simulated AP weightbearing fluoroscopic imaging. Overcorrection can lead to lateral column overload with persistent lateral midfoot pain. The typical amount of lengthening of the lateral column is between 5 and 10 mm. Level of Evidence: Level V, consensus, expert opinion. CONSENSUS STATEMENT ONE: Lateral column lengthening (LCL) procedure is recommended when the amount of talonavicular joint uncoverage is above 40%. The amount of lengthening needed in the lateral column should be judged intraoperatively by the amount of correction of the uncoverage and by adequate residual passive eversion range of motion of the subtalar joint. Delegate vote: agree, 78% (7/9); disagree, 11% (1/9); abstain, 11% (1/9). (Strong consensus) CONSENSUS STATEMENT TWO: When titrating the amount of correction of abduction deformity intraoperatively, the presence of adduction at the talonavicular joint on simulated weightbearing fluoroscopic imaging is an important sign of hypercorrection and higher risk for lateral column overload. Delegate vote: agree, 100% (9/9); disagree, 0%; abstain, 0%. (Unanimous, strongest consensus) CONSENSUS STATEMENT THREE: The typical range for performing a lateral column lengthening is between 5 and 10 mm to achieve an adequate amount of talonavicular coverage. Delegate vote: agree, 100% (9/9); disagree, 0%; abstain, 0%. (Unanimous, strongest consensus)

Styles APA, Harvard, Vancouver, ISO, etc.

Afesha, Nigussie. "Judicial Power Decentralization in Ethiopia: Practical Limitations and Implications on Self-governance of Regional States." Mizan Law Review 13, no. 3 (2019): 363–83. http://dx.doi.org/10.4314/mlr.v13i3.2.

Texte intégral

Résumé :

Ethiopia’s Constitution provides for a parallel –federal and state– court system. While federal courts entertain cases of federal matter, state courts adjudicate regional matters. However, there are ambiguous issues and practical limitations relating to this judicial power decentralization, some of which have an undesirable implication on the self-governance of regional states. These are the federal versus state matter controversy, the scope of the Federal Judicial Administration Council’s involvement in the nomination of state court judges, lack of standard criteria to calculate the cost regional state courts incur in exercising delegated judicial powers and the issue of cassation over cassation on state matters. Several challenges arise from the distribution of judicial authority in Ethiopia. First, regional states have done little with regard to distinguishing state matters from federal matters, and claiming reimbursement for costs they incur in exercising delegated federal judicial power. Second, the federal Supreme Court allocates nominal compensatory budget without considering the number of federal cases that are adjudicated in state courts and accordingly computing the cost incurred while state courts exercise delegated federal judicial power. Third, cassation over cassation on state matters seems to be inconsistent with the federal arrangement. These factors indicate gaps in the decentralization of judicial power which necessitate constitutional and legislative measures that can rectify these limitations commensurate with the power of regional states to exercise judicial power in regional matters.  Key terms Judicial power, Federalism, Decentralization, Self-governance, Ethiopia

Styles APA, Harvard, Vancouver, ISO, etc.

Burd, Gary. "8–10 April, 2002: Highland fling: Biochemical Society Meeting No. 676, University of Heriot-Watt, Edinburgh." Biochemist 24, no. 3 (2002): 25–30. http://dx.doi.org/10.1042/bio02403025.

Texte intégral

Résumé :

The campus of Heriot-Watt University welcomed the Biochemical Society with open arms, and even managed by Gary Burd to tempt some on to the dancefloor -- oh yes … we saw you! Around 400 delegates attended the meeting, (Executive Editor) which included colloquia on tetrapyrroles, amyloidogenic proteins, type II family of G-protein-coupled receptors, 14-3-3 proteins and antibodies. The Society also organized its first Research Colloquium aiming at a more relaxed, informal atmosphere, and this was judged a great success. The drinks reception was held at the Edinburgh City Chambers, and was hosted by Councillor Maureen Child (Executive Member for Finance).

Styles APA, Harvard, Vancouver, ISO, etc.

Koo, AKC. "The role of the English courts in alternative dispute resolution." Legal Studies 38, no. 4 (2018): 666–83. http://dx.doi.org/10.1017/lst.2018.13.

Texte intégral

Résumé :

AbstractThe purpose of this article is to examine the interaction between the court and alternative dispute resolution (ADR) in the legal administration of civil justice. It addresses the following questions. What is the relationship between ADR and the concept of justice? How do we make sense of the anti-ADR views, in particular the serious threat to the rule of law? What role does, and should, the court play in alternative processes? It argues that integrating ADR into the court system broadens the notion of justice and its access, and that, under the rule of law, judges should play a more central role to ensure the use, quality and integrity of alternative processes. This paper extends our understanding of the relationship among justice, ADR and the court from an internal perspective. It also points out the need to expand the case management responsibilities of judges, and their delegates in the Online Court, on ADR.

Styles APA, Harvard, Vancouver, ISO, etc.

Fatalieva, Daria A. "Methods of judicial argumentation in case of semantic uncertainty of a legal text." Vestnik of Saint Petersburg University. Law 15, no. 3 (2024): 665–83. http://dx.doi.org/10.21638/spbu14.2024.308.

Texte intégral

Résumé :

While in non-legal texts linguistic uncertainty either does not hinder normal linguistic practices or can be removed by clarifications, the elimination of uncertainty in legal texts is complicated since peculiarities of legal language precludes its complete exclusion. Accordingly, the task of overcoming legal uncertainty is delegated to the judge and the question arises as to what methods of dealing with the legal text are applicable. The article examines the approaches distinguished in the theory of legal argumentation to assess whether they can offer a methodology which will be able to overcome the policy consequences of the language “open texture” as a characteristic of uncertainty of the natural language in which legal texts are presented by formalizing the process of choosing one of the possible options of the legal text interpretation in judicial decisions. The author concludes that the methods to deal with an uncertain legal text offered by the topicalrhetorical and dialectical approach are limited to the formulation of requirements for the process of argumentation (which do not guarantee absolute predictability of the decision to be made), as well as criteria to evaluate the justification of the decision retrospectively. In turn, the possibility to critically assess the arguments limits the arbitrariness, forcing the judge to follow standards of acceptability and sufficiency of the reasoning to justify their decision.

Styles APA, Harvard, Vancouver, ISO, etc.

Simmons, Michaela Christy. "Becoming Wards of the State: Race, Crime, and Childhood in the Struggle for Foster Care Integration, 1920s to 1960s." American Sociological Review 85, no. 2 (2020): 199–222. http://dx.doi.org/10.1177/0003122420911062.

Texte intégral

Résumé :

Using archival materials from the Domestic Relations Court of New York City, this article traces the conflict between private institutions and the state over responsibility for neglected African American children in the early twentieth century. After a long history of exclusion by private child welfare, the court assumed public responsibility for the protection of children of all races. Yet, in an arrangement of delegated governance, judges found themselves unable to place non-white children because of the enduring exclusionary policies of private agencies. When the situation became critical, the City sought to wrest control from private agencies by developing a supplemental public foster care system. This compromise over responsibility racialized the developing public foster care system of New York City, and it transformed frameworks of child protection as a social problem. The findings highlight the political salience surrounding issues of racial access in the delegated welfare state. Tracing how the conflict over access unfolded in New York City child protection provides an empirical case for understanding how the delegation of social welfare to private agencies can actually weaken racial integration efforts, generate distinct modes of social welfare inclusion, and racialize perceptions of social problems.

Styles APA, Harvard, Vancouver, ISO, etc.

Manion, Melanie. "Chinese Democratization in Perspective: Electorates and Selectorates at the Township Level." China Quarterly 163 (September 2000): 764–82. http://dx.doi.org/10.1017/s030574100001465x.

Texte intégral

Résumé :

Progress in democratization is widely judged by how well elections function as instruments allowing ordinary citizens to choose political leaders to represent their preferences. In January 1999, I travelled to villages and towns in Chongqing as a member of a Carter Center delegation invited by the National People's Congress (NPC) to observe the electoral processes that produce delegates to people's congresses, chairmen and deputy chairmen of these congresses, and government leaders at the township level. The Carter Center is an American nongovernment organization associated with Emory University, with an executive board chaired by former President Carter. As part of its mission to enhance freedom and democracy, the Center has observed and reported on Chinese village elections in delegation visits that began in 1996. Ours was the first delegation to observe people's congress elections, however. Only weeks before we visited Chongqing, voters a hundred miles away, in Sichuan's Buyun township, elected a head of township government in an unprecedented exercise of authority vested constitutionally and legally in their people's congress delegates. Juxtaposing the experience of the Buyun elections with the normal processes by which township leaders emerge offers a useful perspective from which to consider electoral mechanisms of representation in China today. My main conclusion is that these mechanisms are designed to align voter preferences with the preferences of Communist Party committees. Ordinary voters and people's congress delegates have choices among candidates in elections at the township level, but these choices are normally constrained by Communist Party committee pre-selection of candidates designated for positions of leadership.

Styles APA, Harvard, Vancouver, ISO, etc.

Ariyanti, Vivi. "The Role of Judges in Guaranteeing Legal Certainty and Justice: An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia." International Conference of Moslem Society 3 (April 12, 2019): 201–9. http://dx.doi.org/10.24090/icms.2019.2574.

Texte intégral

Résumé :

The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.

Styles APA, Harvard, Vancouver, ISO, etc.

Teuku, Ryan Firdaus. "Design of a web-based application for managing evidence data at the East Aceh District Prosecutor's Office." International Journal Of Computer Sciences and Mathematics Engineering 2, no. 2 (2023): 160–67. http://dx.doi.org/10.61306/ijecom.v2i2.38.

Texte intégral

Résumé :

The prosecutor's office is a government institution that has the authority to delegate, prosecute perpetrators in court and carry out the decisions and decisions of criminal judges. Evidence is the object of a criminal act. Administrative processing of evidence at the East Aceh District Prosecutor's Office uses office computer applications so that the data stored is not well structured and is not centralized. This makes it difficult for evidence officers to recapitulate data quickly and efficiently. Apart from that, the risk of data loss or administrative errors is also prone to occur due to the absence of an authentication process for office computer application users for handling such evidence. The aim of this research is to build an evidence data processing application to facilitate the activities of evidence and confiscated property management section officers to manage data effectively.

Styles APA, Harvard, Vancouver, ISO, etc.

Mustapa, Hasan, Nanang Gozali, and Naan Naan. "From Ancient to Islam: A Political Philosophy Perspective on The Sundanese Triumvirate." Jaqfi: Jurnal Aqidah dan Filsafat Islam 9, no. 1 (2024): 57–76. http://dx.doi.org/10.15575/jaqfi.v9i1.33298.

Texte intégral

Résumé :

Political leadership in Sundanese civilisation has existed since the 15th century. Although the mechanics of power transition have evolved ideologically, Tri Tangtu Di Bumi, a philosophical ideal of leadership, is still embedded in Sundanese society's social structure. This knowledge has evolved from the ancient (Sunda Wiwitan) Hindu age to Islam. This study investigates Tri Tangtu di Bumi as a manifestation of Sundanese political philosophy. The method used in this study is a philosophical examination of Sundanese society's triumvirate notions. According to the research findings, Tri Tangtu di Bumi is identical to Trias Politica. This leadership style delegates political power and legitimacy to three individuals: Prabu, Rama, and Resi. Prabu symbolises the government and Rama represents people's voices. Meanwhile, Resi mostly serves as a mediator and judge. Tri Tangtu's spirit can still be found in the lives of the Baduy, Banten, Kampung Naga, Tasikmalaya, and Ciptagelar tribes of Sukabumi today.

Styles APA, Harvard, Vancouver, ISO, etc.

Pulatova, Zulfiya. "Problems and solutions for assessing the knowledge of students in distance learning." Общество и инновации 1, no. 1/s (2020): 484–89. http://dx.doi.org/10.47689/2181-1415-vol1-iss1/s-pp484-489.

Texte intégral

Résumé :

To improve the quality of education, the management process distance learning has been built systematically. The concept of a quality assessment system for distance learning presupposes the presence of diagnostic and evaluative procedures implemented by various subjects of state administration entity. It has been delegated separate powers to assess quality of education, as well as a set of organizational structures and normative legal materials ensuring the quality of education. As a rule, assessing tasks with the level of knowledge set quality control helps. It is designed and intended to provide feedback and collect basic information that will allow teachers to judge on the effectiveness of the distance learning process, as well as a system control needs to be developed. Taking into account the basic requirements in this system is imperative. Individuality, consistency, variety of forms and methods, comprehensiveness is considered as key factors. In addition, summative assessment should cover all passed material, objectivity, reliability, trustworthiness and validity.

Styles APA, Harvard, Vancouver, ISO, etc.

Król, Michał, and Magdalena Ewa Król. "Simple eye movement metrics can predict future decision making performance: The case of financial choices." Judgment and Decision Making 14, no. 3 (2019): 223–33. http://dx.doi.org/10.1017/s1930297500004290.

Texte intégral

Résumé :

AbstractDecisions are often delegated to experts chosen based on their past performance record which may be subject to noise. For instance, a person with little skill could still make a lucky decision that proves correct ex-post, while a skilled expert could make the best possible use of available information to reach a decision that, with hindsight, turns out incorrect. We aimed to show that one could assess decision skills more accurately when analyzing not only the observed decisions, but also the decision-making process. Incorporating eye-tracking into an established behavioral finance experimental framework, we found that making an eye transition between pieces of information that previous research associated with bias makes one less likely to make good financial decisions in future trials. Thus, even the simplest, easy to obtain eye metrics could allow us to more accurately judge if a person’s performance is a reflection of skill, or down to luck and unlikely to be reproduced in the future.

Styles APA, Harvard, Vancouver, ISO, etc.

Brattberg, Gunilla. "Priority Setting with Regard to Placement on Waiting List to a Pain Clinic." Scandinavian Journal of Social Medicine 16, no. 3 (1988): 173–78. http://dx.doi.org/10.1177/140349488801600309.

Texte intégral

Résumé :

Short waiting periods for all patients referred to a pain clinic is desirable but ordinarily not possible. In a questionnaire, 25% of the Swedish anaesthetic pain clinics reported a waiting list exceeding 6 months. The long waiting-time shows that some kind of priority setting is necessary. The aim of the present investigation was to study the feasibility of a rational priority setting based on a ranking procedure. Secretary and nurse priority ranked patients according to a system utilizing the physicians's referral and a questionnaire completed by the patient. These priority ratings were compared to the final ranking by the doctor which was done after an interview without access to the questionnaire. The results of the present investigation show that the secretary as well as two nurses generally ‘overestimated’ the patients' pain problems compared with the priority made by the doctor. However, 12 out of 142 patients' problems were ‘underestimated’ but this was deemed to increase risk in only one case. The possible risks with a delegated ranking procedure have, however, to be judged against the disadvantages of no priority setting at all and the advantages of a rational use of staff members. This experiment has indicated the feasibility of a delegated ranking procedure.

Styles APA, Harvard, Vancouver, ISO, etc.

Chen, Runyu, Lunwen Wang, and Rangang Zhu. "Improvement of Delegated Proof of Stake Consensus Mechanism Based on Vague Set and Node Impact Factor." Entropy 24, no. 8 (2022): 1013. http://dx.doi.org/10.3390/e24081013.

Texte intégral

Résumé :

The Delegated Proof of Stake (DPoS) consensus mechanism uses the power of stakeholders to not only vote in a fair and democratic way to solve a consensus problem, but also reduce resource waste to a certain extent. However, the fixed number of member nodes and single voting type will affect the security of the whole system. In order to reduce the negative impact of the above problems, a new consensus algorithm based on vague set and node impact factors is proposed. We first use fuzzy values to calculate the ratings of all nodes and initially determine the number of agent nodes according to the preset threshold value. Then, we judge whether a secondary screening is needed. If needed, calculating the nodes’ impact factor based on their neighboring nodes, and combining their impact factors with adjacency votes to further distinguish the nodes with the same fuzzy value. In addition, we analyze the dynamic changes in the composition and scale of the agent node set and give its ideal size through testing. Finally, we compare the proposed algorithm with DPoS algorithm and existing fuzzy set-based algorithms in different scales and network structures. Results show that no matter in what kind of network structures, the effectiveness of the proposed algorithm is improved. Among which, the most noticeable improvement is seen in complex network structures.

Styles APA, Harvard, Vancouver, ISO, etc.

Abidin, Moch Zainal. "Pidana Bersyarat Perspektif Kitab Undang-Undang Hukum Pidana Dan Fikih." Al-Jinayah: Jurnal Hukum Pidana Islam 1, no. 2 (2015): 342–82. http://dx.doi.org/10.15642/aj.2015.1.2.342-382.

Texte intégral

Résumé :

Abstract: This study aims to assess conditional criminal act in Criminal Code and Islamic jurisprudence. Conditional criminal act according to Criminal Code is a kind of crime where the convict does not have to undergo the punishment, except he has violated the general or specific requirenments of court during pre-determined. On the Islamic jurisprudence perspective, conditional criminal act is caterized as diyât and ta’zîr. Diyât is a kind of criminal penalty that provides a number of property within a certain size, given by the offender to the victim or his heirs. While ta’zîr is a legal authority delegated by state to a judge to decide the criminal cases. In ta’zîr, a judge has fairly broad authority to choose any types of crime that are appropriate to the circumstance of the offense and the perpetrators. Looseness or facilities provided to a judge do not reduce the initial goal of punishment as an attemp to improve the criminal actors in order to keep the benefit of people.Keywords: Conditional criminal act, Criminal Code, Islamic jurisprudence. Abstrak: Artikel ini mengkaji tentang pidana bersyarat dalam Kitab Undang-Undang Hukum Pidana dan fikih. Pidana bersyarat menurut Kitab Undang-Undang Hukum Pidana, merupakan suatu pidana di mana terpidana tidak usah menjalani pidana tersebut, kecuali bilamana selama masa percobaan terpidana telah melanggar syarat-syarat umum atau khusus yang telah ditentukan oleh pengadilan. Jika dianalisis dari sisi fikih, pidana bersyarat dikatagorikan masuk dalam diyât dan ta’zîr. Diyât merupakan suatu jenis pidana yang memberikan sejumlah harta dalam ukuran tertentu, yang diberikan pelaku tindak pidana kepada korban atau ahli warisnya. Sedangkan ta’zîr merupakan kekuasan dalam memutuskan suatu perkara diserahkan kepada negara dan selanjutnya diserahkan kepada hakim. Di dalam ta’zîr ini, hakim mempunyai wewenang yang cukup luas untuk memilih jenis pidana yang sesuai dengan keadaan tindak pidana serta diri pelakunya. Kelonggaran atau kemudahan yang diberikan kepada hakim tidak mengurangi tujuan awal dalam setiap pemidanaan, sebagai wujud memperbaiki diri pelaku demi terjaganya kemaslahatan di dalam masyarakat.Kata Kunci: Pidana bersyarat, Kitab Undang-Undang Hukum Pidana, fikih

Styles APA, Harvard, Vancouver, ISO, etc.

Mohr, Johannes. "Between Pacifism and Patriotism: Walther Schücking (1875–1935)." Volume 62 · 2019 62, no. 1 (2021): 275–302. http://dx.doi.org/10.3790/gyil.62.1.275.

Texte intégral

Résumé :

Abstract: Literature describes Walther Schücking (1875–1935) as an ‘outsider' in the ‘conservative academic milieu' of his lifetime, and advocate for the lex ferenda or ‘future lawyer'. With his writings on the ‘organisational pacifism', Schücking advocated a new system to regulate State sovereignty through international law, and he soon came into opposition to the ‘almost canonical' positivist legal understanding of his colleagues. Though Schücking served as the first German judge at the Permanent International Court of Justice in The Hague, was one of the six delegates to negotiate the Treaty of Versailles on behalf of the German government, and a politician committed to the young Weimar Republic, he at times fell into obscurity. Nevertheless, academic literature has covered the life and work of the pacifist, politician, scholar, and judge Walther Schücking in great detail. What is less-noticed, though, is Schücking's patriotism. Many contemporaries at the time were confused or even signalled incomprehension at how Schücking combined ‘his pacifist world views with the demands of national politics', and how Schücking stood up for the protection of ‘Reichsinteressen' (‘Reich's interests') after the First World War. This paper analyses Schücking's patriotic stance, and how he integrated his understanding of patriotism into his pacifistic engagement and thinking. It will conclude that, for Schücking, there was no contradiction between his pacifism and patriotic engagement, and that he was far from following the path of patriotic radicalization. However, some critical remarks can be made about the ‘enlightened “true” patriotism' claimed by many pacifists.

Styles APA, Harvard, Vancouver, ISO, etc.

Son, Jaemin, Jaeyoung Kim, Seo Taek Kong, and Kyu-Hwan Jung. "Leveraging the Generalization Ability of Deep Convolutional Neural Networks for Improving Classifiers for Color Fundus Photographs." Applied Sciences 11, no. 2 (2021): 591. http://dx.doi.org/10.3390/app11020591.

Texte intégral

Résumé :

Deep learning demands a large amount of annotated data, and the annotation task is often crowdsourced for economic efficiency. When the annotation task is delegated to non-experts, the dataset may contain data with inaccurate labels. Noisy labels not only yield classification models with sub-optimal performance, but may also impede their optimization dynamics. In this work, we propose exploiting the pattern recognition capacity of deep convolutional neural networks to filter out supposedly mislabeled cases while training. We suggest a training method that references softmax outputs to judge the correctness of the given labels. This approach achieved outstanding performance compared to the existing methods in various noise settings on a large-scale dataset (Kaggle 2015 Diabetic Retinopathy). Furthermore, we demonstrate a method mining positive cases from a pool of unlabeled images by exploiting the generalization ability. With this method, we won first place on the offsite validation dataset in pathological myopia classification challenge (PALM), achieving the AUROC of 0.9993 in the final submission. Source codes are publicly available.

Styles APA, Harvard, Vancouver, ISO, etc.

Texte intégral

Résumé :

Styles APA, Harvard, Vancouver, ISO, etc.

Julijanto, Muhammad. "Perempuan Difabel Berhadapan Hukum." MUWAZAH 10, no. 2 (2018): 183. http://dx.doi.org/10.28918/muwazah.v10i2.1785.

Texte intégral

Résumé :

This paper describes women with disabilities who are facing legal cases, most of which are related to cases of sexual violence. The handling of cases of women with disabilities experienced problems, namely: law enforcers did not have a maximum understanding of the disabled; 2) limited access; 3) limited evidence: 4) difficulty communicating; 5) the community does not want to be a witness; 6) length of legal process; 7) lack of knowledge about the law; 8) there is no assistance in the police department during inspections, the examination room is not easily accessible, and the lack of information for victims; 9) the prosecutor does not provide information if the file has been delegated and; 10) judges have difficulty communicating. Therefore, law enforcers must have the same perception of diffables, so that they get legal justice.

Styles APA, Harvard, Vancouver, ISO, etc.

Nous offrons des réductions sur tous les plans premium pour les auteurs dont les œuvres sont incluses dans des sélections littéraires thématiques. Contactez-nous pour obtenir un code promo unique!