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Artykuły w czasopismach na temat „The judge’s role”

Autor: Grafiati

Data publikacji: 19 października 2024

Data aktualizacji: 31 lipca 2025

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1

Amarini, Indriati. "IMPLEMENTATION OF JUDICIAL ACTIVISM IN JUDGE’S DECISION." Jurnal Hukum dan Peradilan 8, no. 1 (2019): 21. http://dx.doi.org/10.25216/jhp.8.1.2019.21-38.

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The task of the judge in realizing justice is inseparable from the decisions that are made. A qualified judge's decision is obtained through the judge's thought process through a choice of judges that reflects judicial activism. The problem in this research is how judicial activism is used by judges in issuing decisions and how the implementation of judicial activism in decision making. Judicial Activism is the choice of decision making by judges in order to realize justice. Judicial activism in the Indonesian judicial system is regulated in Article 5 paragraph (1) of Law Number 48 of 2009 con

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Engel, Kirsten, and Jonathan Overpeck. "Adaptation and the Courtroom: Judging Climate Science." Michigan Journal of Gender & Law, no. 3.1 (2013): 1. http://dx.doi.org/10.36641/mjeal.3.1.adaptation.

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Climate science is increasingly showing up in courtroom disputes over the duty to adapt to climate change. While judges play a critical role in evaluating scientific evidence, they are not apt to be familiar with the basic methods of climate science nor with the role played by peer review, publication, and training of climate scientists. This Article is an attempt to educate the bench and the bar on the basics of the discipline of climate science, which we contend is a distinct scientific discipline. We propose a series of principles to guide a judge’s evaluation of the reliability and weight

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Gomes, Adalmir Oliveira, Tomas Aquino Guimaraes, and Luiz Akutsu. "Court Caseload Management: The Role of Judges and Administrative Assistants." Revista de Administração Contemporânea 21, no. 5 (2017): 648–65. http://dx.doi.org/10.1590/1982-7849rac2017160179.

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Abstract Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Pa

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Saiban, Kasuwi, Titi Rusydiyati Al Kaswy, and Fadil SJ. "Granting a compulsory will to grandfather and grandmother based on Aristotle's distributive theory." Jurnal Cakrawala Hukum 13, no. 3 (2022): 272–80. http://dx.doi.org/10.26905/idjch.v13i3.8855.

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There is no legal basis for giving testament wajibah to a grandparent in Indonesia. However, the Religious Courts of Tarakan, in decision number: 610/Pdt.G/2014/PA.Trk. the judges gave testament wajibah portion of the inheritance to the grandparent because the heir’s mother blocked their position and the parenting role carried out by the grandparent since the mother left the heir, and her existence was unknown. The judge’s decision must consider the principles of legal certainty, benefits, and a sense of justice for the parties. Therefore, this research focuses on the judge’s legal reasoning i

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McConnell, Edward B. "Court Management: The Judge’s Role and Responsibility." Justice System Journal 15, no. 2 (1991): 710–21. http://dx.doi.org/10.1080/23277556.1993.10871154.

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Korsakova, Lyubov E. "The Moral Imperative of a Judge: Towards the Problem of Dominant Ethical Definitions in the Process of Judicial Training." Теория и практика общественного развития, no. 9 (September 27, 2023): 129–34. http://dx.doi.org/10.24158/tipor.2023.9.17.

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The article addresses the importance of understanding and observing moral principles for the judge’s effective work. The author investigates the place, role, and significance of such concepts as honesty, impartiality, justice, duty, and conscience in shaping the moral imperative of a judge’s professional personality. In addition, the arti-cle points out the ambiguity of interpretations and the lack of a common understanding of these categories both in society and among the professional community of judges and scholars, which can lead to different interpre-tations and problems in the applicatio

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Plug, H. José. "Challenging judicial impartiality." Journal of Argumentation in Context 8, no. 2 (2019): 245–61. http://dx.doi.org/10.1075/jaic.17026.plu.

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Abstract Impartiality is one of the core values underlying the administration of justice. A complaint about a judge’s supposed lack of impartiality may be filed on the grounds of the judge’s verbal behavior. In this article I will analyze complaints that concern the judge’s use of rhetorical questions during court hearings. I will explore what role these complaints may play in the strategic maneuvering of a party who seeks the judge’s disqualification.

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Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights." Pravosudie / Justice 2, no. 3 (2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.

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Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards

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Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights." Pravosudie / Justice 2, no. 3 (2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.

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Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards

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Hanki, Sohn. "Judicial Management in Asia." International Journal of Procedural Law 8, no. 1 (2018): 37–54. http://dx.doi.org/10.1163/30504856-00801005.

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Civil procedure is a national system administered by the state in order to resolve disputes between private individuals. The state does this by providing, within a limited budget, the physical and human resources required. Looking back over history, it could be claimed that there has never been a single period in time when the parties to litigation have been satisfied with the judgment of the court. It is worth noting that since the mid-20th century, most of the dissatisfaction has been caused by the length of time taken and the cost of litigation. In civil law jurisdictions that use the inqui

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11

Youping, Xu. "Mission impossible? Judges’ playing of dual roles as adjudicator and mediator in Chinese court conciliation." Semiotica 2017, no. 216 (2017): 399–421. http://dx.doi.org/10.1515/sem-2015-0074.

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AbstractDeeply rooted in the Confucian philosophy of harmony, court conciliation conducted by judges in Chinese courtroom has played an important role in resolving civil disputes in China. However, severe criticisms against court conciliation have never been ceased. Critics generally attribute problems to the integration of mediation into adjudication and judges’ playing of dual roles as adjudicator and mediator. Sadly, little has been done to explore how judges’ dual roles in court conciliation are performed and changed, and how the performance and change of judges’ dual roles may affect just

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Tarigan, Azhari Akmal, Muhammad Syukri Albani Nasution, Syahrial Arif Hutagalung, and Syafran Arrazy. "Ensuring Equity in Post-Divorce Economic Rights: A Critical Analysis of Judicial Sensitivity in the Religious Court of Padang Sidimpuan, Indonesia." AL-HUKAMA 13, no. 2 (2023): 181–202. https://doi.org/10.15642/alhukama.2023.13.2.181-202.

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Judges are pivotal in issuing impartial decisions that advocate for women, even when they function as primary providers. This study examines the judicial sensitivity towards women as primary breadwinners within families in Padang Lawas Utara. Employing a sociological approach, the research explores the realities among the indigenous people of Padang Lawas Utara. Subsequently, it conducts a comprehensive review of five decisions from the Religious Court of Padang Sidimpuan, falling under the jurisdiction of Padang Lawas Utara. The article reveals that the judges fail to consider the wife’s fami

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Wahyudi, Muhamad Isna. "JUDGE’S DISCRETION IN ISLAMIC FAMILY LAW: INDONESIAN RELIGIOUS COURTS EXPERIENCE." Jurnal Hukum dan Peradilan 3, no. 3 (2014): 203. http://dx.doi.org/10.25216/jhp.3.3.2014.203-212.

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Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of

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Kovach, Ya V. "Separate opinion of a judge as an element of judicial discretion: a comparative and analytical study." Uzhhorod National University Herald. Series: Law 1, no. 87 (2025): 60–64. https://doi.org/10.24144/2307-3322.2025.87.1.8.

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The judicial system is one of the most important components of the rule of law, as it ensures the realization and protection of citizens’ rights and freedoms. At the same time, the functioning of the judiciary involves a significant degree of discretion for judges in decision-making, which reflects the so-called judicial discretion. Judicial discretion, on the one hand, allows judges to ensure an individual approach to each case, while, on the other hand, it raises the issue of their responsibility for decisions made within the scope of the freedom granted to them. One important aspect arising

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15

Kondratova, І. D. "VIOLATION OF NORMS OF JUDICIAL ETHICS AS A BASIS FOR DISCIPLINARY RESPONSIBILITY OF A JUDGE." Herald of criminal justice, no. 1-2 (2022): 253–63. http://dx.doi.org/10.17721/2413-5372.2022.1-2/253-263.

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Judicial ethics, which permeates the professional status of a judge, is reflected in absolutely all its elements and interacts with them. The institution of disciplinary responsibility of a judge, which plays an extremely important role for judicial ethics, is no exception. The purpose of the article is to research the norms of judicial ethics in their interrelationship with the disciplinary responsibility of the judge that occurs in case of their violation. Based on the analysis of the norms of the current legislation, decisions of the European Court of Human Rights and disciplinary practice

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Fauzi, Achmad. "THE JUDGE’S ROLE IN ISLAMIC FAMILY LAW REFORM IN INDONESIA." Al-Mawarid 15, no. 2 (2015): 161–76. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art8.

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Sahlan, Ilham Nurman, and Abdul Karim Uddin. "The Role of Jurisprudence in the Development of Civil and Criminal Law." European Journal of Law and Political Science 2, no. 2 (2023): 53–57. http://dx.doi.org/10.24018/ejpolitics.2023.2.2.82.

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Judgments of cassation-level courts that are already inkracht or jurisprudence as a source of law are still debatable in legal studies, notably the use of jurisprudence in judges’ legal considerations. Even though jurisprudence is quite constructive in providing reinforcement of the judge’s considerations in their decisions, jurisprudence can also be used as a legitimate legal statement, which can complement the legal void. The research aims to examine the position of jurisprudence in the national legal system and its role in the development of civil and criminal law. The method used in this r

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Ondrášková, Veronika. "Legal Aspects of the Role of the Corrector of the Clergyin the Early Fifteenth-Century Diocese of Prague." Vesnik pravne istorije 2, no. 1 (2021): 121–40. http://dx.doi.org/10.51204/hlh_21106a.

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The paper focuses on the institution of the Corrector of the Clergy within the Diocese of Prague. This ecclesial administrative representative was a criminal judge who also oversaw the moral conduct of the clergy. The paper compares legal rules set by the Church for the clergy through synodical statutes and an actual enforcement of these duties by the Corrector. The paper analyses the judicial book covering the period from 1407 to 1410, examining the judge’s approach to moral delicts (breach of celibate, etc.), which constituted the majority of the cases. Emphasis is given on the prescribed pu

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Putrijanti, Aju. "Judicial Activism in Judge’s Verdict to Law Enforcement of Environment." E3S Web of Conferences 202 (2020): 03018. http://dx.doi.org/10.1051/e3sconf/202020203018.

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Law enforcement to protect the environment as lay in Act Number 32 Year 2009 of Protection and Management of Environment, can be make from administrative, penal and private law. Government that includes legislative, executive and judicative has role and responsibility to perform welfare for citizen. The administrative lawsuit goes to Administrative Court, follows the Act Number 5 Year 1986 of Administrative Court for procedural process. This research based on normative legal research, which is descriptive analysis. Also using conceptual and statute approach, and research data used are literatu

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Bululukov, O. Yu. "TRANSFORMATION OF INVESTIGATION ERRORS IN CRIMINAL LEGAL PRОCEEDINGS". Theory and Practice of Forensic Science and Criminalistics 15 (30 листопада 2016): 54–62. http://dx.doi.org/10.32353/khrife.2015.06.

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The article deals with the notion of a judicial error which is referred to as an inconsistency between the verdict and the situation of the committed offense, the person of the offender and the eventual consequences. It also enumerates factors that may result in judicial errors and they include the following: peculiarities of the judge’s psychological traits; the judge’s perception of the public danger that the committed crime may have; obstructions from potential stakeholders’; the investigator S tactical errors that were made at the pre-trial investigation stage. The article suggests two cla

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Mustafa, Cecep. "THE PERCEPTIONS OF INDONESIAN JUDGES IN SENTENCING MINOR DRUG OFFENDERS: CHALLENGES AND OPPORTUNITIES." Jurnal Hukum dan Peradilan 9, no. 1 (2020): 1. http://dx.doi.org/10.25216/jhp.9.1.2020.1-26.

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This paper presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack

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Odeh, Huda Adnan Mohammad, and Ismael Mohammad Hasan Al Barrishi. "The Discretionary Power of the Court and its Impact on the Lawsuits in Jordan Legal Courts: A Foundational Applied Study." Dirasat: Shari'a and Law Sciences 50, no. 1 (2023): 19–37. http://dx.doi.org/10.35516/law.v50i1.4053.

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Objectives: The study aims to demonstrate the Sharia judge’s judicial discretion and this power’s impact on Jordanian Sharia courts’ lawsuits. This study is carried out to display this power, and to emphasize that the adjudications’ impact is the goal of suing procedures, as the verdicts’ effects havea major role in people’s feeling of confidence and reassurance, security from fear, and reliance on justice. Therefore, the study cites multiple and varied applications to provide a genuine example of the adjudications’ effects on filed lawsuits. Methods: The study follows the inductive approach -

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Ranran, Zhang. "From speech role to social role: Judge’s negotiating and controlling in criminal trials in China." Linguistics and the Human Sciences 12, no. 2-3 (2018): 141–65. http://dx.doi.org/10.1558/lhs.36989.

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Materniak-Pawłowska, Małgorzata. "Instytucja sędziego śledczego w II Rzeczypospolitej." Czasopismo Prawno-Historyczne 65, no. 1 (2018): 271–94. http://dx.doi.org/10.14746/cph.2013.65.1.11.

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The institution of an investigating judge emerged in all three parts of then partitioned Poland at almost the same time, i.e. in the 70s of the 19th century, as the Austrians introduced it in 1873, the Russians in 1876, and the Germans in 1877. The very idea of an investigating judge and its model, however, derives from the legal system of Napoleonic France. During the period between two World Wars, the institution of an investigating judge functioned fi rst, as part of the legislation inherited from the occupant’s legal system, and then as part of the Polish legal system resulting, mainly, fr

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Mangione, Gabriella. "Some Brief Remarks on the Controversial Relationship Between the Judiciary and Politics in Italy." Comparative Law Review 27 (December 22, 2021): 79–104. http://dx.doi.org/10.12775/clr.2021.003.

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The relationship between the judiciary and the political sphere and the dilemma over whether the judiciary has been a victim of politics, or whether politics has been a victim of the judiciary, have been hot topics for some time in Italy. Since a major scandal engulfed the High Council of the Judiciary, the courts have become the principal focus of the reform efforts of the Draghi Government, which took office in February 2021. The contribution briefly illustrates the figure of the Judicial Power within the Division of Powers and the evolution of the judge’s role within this system. Following

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Canivet, Guy. "The Responsibility of Judges in France." Cambridge Yearbook of European Legal Studies 5 (2003): 15–33. http://dx.doi.org/10.5235/152888712802784298.

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In the mountains of Kashmir lived a Sultan, the Sultan of Salamandragore, so concerned that the laws he had prescribed were strictly observed that he found good reasons for his judges to condemn all his subjects to death, and to have them dispatched by his executioner. Deprived of sleep by remorse and haunted by his victims, he blamed his judges, and had them decapitated in their turn.Thus begins a cruel Oriental tale, freely adapted in a poem by Jacques Prévert, which is, it seems to me, quite a good illustration of the paradox of the judge’s responsibility comparing the extraordinary nature

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Canivet, Guy. "The Responsibility of Judges in France." Cambridge Yearbook of European Legal Studies 5 (2003): 15–33. http://dx.doi.org/10.1017/s1528887000004249.

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In the mountains of Kashmir lived a Sultan, the Sultan of Salamandragore, so concerned that the laws he had prescribed were strictly observed that he found good reasons for his judges to condemn all his subjects to death, and to have them dispatched by his executioner. Deprived of sleep by remorse and haunted by his victims, he blamed his judges, and had them decapitated in their turn. Thus begins a cruel Oriental tale, freely adapted in a poem by Jacques Prévert, which is, it seems to me, quite a good illustration of the paradox of the judge’s responsibility comparing the extraordinary nature

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Provine, Doris Marie. "Justice as Told by Judges: The Case of Litigation over Local Anti-Immigrant Legislation." Studies in Social Justice 3, no. 2 (2009): 231–45. http://dx.doi.org/10.26522/ssj.v3i2.1017.

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In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both as pragmatic decision-makers and as spokesperson

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Putrijanti, Aju, Lapon T. Leonard, and Kartika Widya Utama. "Peran PTUN dan AUPB Menuju Tata Kelola Pemerintahan yang Baik (Good Governance)." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 30, no. 2 (2018): 277. http://dx.doi.org/10.22146/jmh.33056.

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Abstract The Administrative Court has an important role to supervise the government’s duty, based on principle of good governance and regulations. Principles of good governance have been developed for some reasons. The aim of this research are to know the role of judge’s verdict and the development of principle of good governance. This research is use normative juridis method. The novelty is to strengthened the role of the judge’s verdict to build a good governance and to improve the knowledge of the importance of principles of good governance to build good governance.Intisari Pengadilan Tata

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Ainun, Aulia Nur, and Arsyad Aldyan. "KEDUDUKAN VISUM ET REPERTUM DALAM PERTIMBANGAN HUKUM HAKIM TERHADAP PERKARA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN." Verstek 11, no. 2 (2023): 241. http://dx.doi.org/10.20961/jv.v11i2.71509.

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<div class="page" title="Page 1"><div class="section"><div class="layoutArea"><div class="column"><em>The purpose of this legal research is to determine the position of visum et repertum in the judge's legal considerations of persecution that caused death with the case study of Decision number 410/Pid.B/2020/PN.CKR. This legal research is included in the type of normative legal research which is prescriptive with a case approach and statutory approach. The data collection technique used by the authors in this legal research is a library research. The results of th

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Wasielewicz, Aleksandra. "Odpowiedzialność dyscyplinarna sędziów w II Rzeczypospolitej na przykładzie wybranych sądów byłego zaboru pruskiego – zagadnienia materialnoprawne." Krakowskie Studia z Historii Państwa i Prawa 14, no. 4 (2021): 521–37. http://dx.doi.org/10.4467/20844131ks.21.045.14471.

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Disciplinary Responsibility over Judges in the Second Republic of Poland. Substantive Law Issues in Light of Judges’ Personal and Disciplinary Files from the Former Prussian Territories The issue of disciplinary responsibility over judges is one of the key aspects of the functioning of the judiciary. This mechanism must remain a compromise between respecting a special status for judges based on their independence and their key role in the functioning of the state, versus the need to eliminate negative behaviors on their part. Such oversight in turn should lead to the building up of societal tr

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Weaver, Russell L., and Linda D. Jellum. "NEITHER FISH NOR FOWL: ADMINISTRATIVE JUDGES IN THE MODERN ADMINISTRATIVE STATE." Windsor Yearbook of Access to Justice 28, no. 2 (2010): 243. http://dx.doi.org/10.22329/wyaj.v28i2.4498.

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This article examines the role of administrative adjudication in the United States constitutional system. It begins by noting that such adjudication fits uncomfortably within a system of divided powers. Administrative judges, including administrative law judges [ALJs] (who have the highest level of protection and status), are considerably more circumscribed than ordinary Article III judges. Indeed, administrative judges are usually housed in the agencies for which they decide cases, rather than in independent adjudicative bodies, and they do not always have the final say regarding the cases th

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Davydova, Irina A. "Judicial Remedies for Prisoners in France." Ugolovnaya yustitsiya, no. 17 (2021): 115–19. http://dx.doi.org/10.17223/23088451/17/23.

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The article analyses the judicial protection of the rights of prisoners in France. The role and directions of judges’ activities on the execution of sentences in penitentiary facilities and in the application of public sanctions have been determined. The scope and degree of the administrative judge’s control over the legality of decisions made by the prison administration with respect to prisoners have been established. Attention is drawn to the activities of the Council of State, which is the supreme judicial body of the French administrative courts. Examples of new fields of administrative c

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Barsuk, M. "Concept of Social Protection for Judges in Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 310–14. http://dx.doi.org/10.24144/2307-3322.2023.78.2.49.

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The article aims to clarify the definition of the concept of “social protection of judges in Ukraine.” It identifies the main approaches to interpreting the concept of “social protection,” including the economic approach and the socio-legal (complex) approach. The article establishes that social protection for judges in Ukraine serves as a special guarantee of their independence. This is manifested through comprehensive activities undertaken by entities mandated by law to ensure judges’ social security and their families’ social security. These activities are aimed at creating and maintaining

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Leckey, Robert. "Complexifying Roncarelli’s Rule of Law." McGill Law Journal 55, no. 3 (2011): 721–41. http://dx.doi.org/10.7202/1000630ar.

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The accepted reading of Roncarelli v. Duplessis requires revision. Accounts by which Justice Rand defended the rule of law while the dissenters were indifferent to it mischaracterize the judgment. Justice Rand’s judgment is bolder and less explicit than is typically supposed: his treatment of the notice requirement constitutes part of his defence of the rule of law. For its part, Justice Fauteux’s dissent enacts a plausible understanding of the judge’s role within the rule of law. Disagreement on the overlooked procedural issue is best viewed as fully internal to the rule of law. The judgment’

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Chaudhary, G. "Explainable Artificial Intelligence (xAI): Reflections on Judicial System." Kutafin Law Review 10, no. 4 (2024): 872–89. http://dx.doi.org/10.17803/2713-0533.2023.4.26.872-889.

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Machine learning algorithms are increasingly being utilized in scenarios, such, as criminal, administrative and civil proceedings. However, there is growing concern regarding the lack of transparency and accountability due to the “black box” nature of these algorithms. This makes it challenging for judges’ to comprehend how decisions or predictions are reached. This paper aims to explore the significance of Explainable AI (xAI) in enhancing transparency and accountability within contexts. Additionally, it examines the role that the judicial system can play in developing xAI. The methodology in

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Freitas, Ana Luiza Policani. "BREVE ANÁLISE DA INSTRUÇÃO PROBATÓRIA DO JUIZ CRIMINAL BRASILEIRO SOB A ÉGIDE DO SISTEMA ACUSATÓRIO." Revista da Seção Judiciária do Rio de Janeiro 22, no. 43 (2018): 145. http://dx.doi.org/10.30749/2177-8337.v22n43p145-175.

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This work brings an analysis of the Brazilian Criminal Judge in the course of evidential instruction and it’s instructor action under the accusatory criminal system with constitutional understanding adopted in the country after the promulgation of the civil constitution of 1988. The Accusatory, Inquisitorial and mixed Criminal Systems will be demonstrated as the doctrinal controversies related to their core with basis on evidence management. Following, the subject of evidence in the accusatory system will be addressed, as its conception under the rules in this system, the roles given to the ma

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Hao, XIONG. "Two Sides of Court Mediation in Today’s Southwest Grassroots China: an Empirical Study in T Court, Yunnan Province." Asian Journal of Law and Society 1, no. 2 (2014): 367–94. http://dx.doi.org/10.1017/als.2014.10.

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AbstractCourt mediation is now playing a crucial role in the Chinese legal system. Based on two case studies in Yunnan Province, this paper examines how court mediation works in Southwest China. It finds that court mediation can expand the capacity of the court concerning case acceptance, and is capable of fixing multicentre disputes and complicated social problems. However, the paper also points out that when encountering some ill-suited cases, justice may be undermined and the judge’s role may be confused. Therefore, it is necessary to pass some law to exclude the ill-suited cases from the m

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Slabunova, Yu V., and N. M. Shcherbak. "LEGAL STATUS OF A JUDGE AS A PUBLIC SERVANT." Legal horizons, no. 19 (2019): 124–30. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p124.

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The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public se

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Mazhari, Abdul-Qudous. "Jurisprudential and Legal Review of the Validity of the Expert’s Opinion." Journal of Humanities and Social Sciences Studies 6, no. 2 (2024): 60–72. http://dx.doi.org/10.32996/jhsss.2024.6.2.9.

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Experience is one of the methods of judicial proof. It is resorted to, if necessary, revealing or strengthening existing evidence. The increasing role of technical expertise in our modern era comes - due to the accuracy, complexity and often hidden nature of the facts presented to the judiciary - making the judge need help. With experienced and specialized people and benefit from their advice. Undoubtedly, experts are considered among the judicial assistants who cannot be dispensed with in the scientific or technical cases that the judge finds. He cannot consider some cases that require expert

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Putrijanti, Aju. "The Control of Environment Management Through Administrative Court." E3S Web of Conferences 31 (2018): 09024. http://dx.doi.org/10.1051/e3sconf/20183109024.

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Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by

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Yasin, Fandaria Putri, and Fence M. Wantu. "Criminal Sanctions for Persecution Resulting in Serious Injury." Estudiante Law Journal 4, no. 2 (2022): 831–42. http://dx.doi.org/10.33756/eslaj.v4i2.18185.

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This study aims to find out and analyze how to prove the verdict of a criminal offense that results in serious injury based on the title raised in this authorship. An author is a type of writer an Emperis law or a field writer. With a Case approach. The process of collecting data from regulations and other references related to the problem being studied. The results of this author show that the proof of the Determination of the criminal act of assault resulting in serious injury is said to be incorrect but if we refer to the court decision of the defendant/convicted person is proven to have co

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محمد, صلاح علو. "The Judge's authority in the approval of the conventional copier (A Comparative Study)." Al-Kitab Journal for Human Sciences 4, no. 6 (2023): 39–52. http://dx.doi.org/10.32441/kjhs.4.6.3.

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Undoubtedly, the parties are entitled to agree that a party may be contracted in the event of the parties contracting with each other. The official website for signing the agreement. The importance of consensual termination is evident as it is more starting in practical life. Judicial termination is characterized by slowness, as it includes procedures and administrative matters that may not be consistent with achievement and have resulted in the loss of rights. Annulment takes place on its own in case of consensual annulment without the need for a court ruling, so the judge has no discretion i

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Alnusair, Fayez, Nour Alhajaya, Moustafa Elmetwaly Kandeel, and Said Elsayed Kandil. "Evaluating public policy exception in personal status matters: A critical study in the context of regulation and law." Journal of Governance and Regulation 13, no. 4, special issue (2024): 257–65. https://doi.org/10.22495/jgrv13i4siart4.

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The amendments to United Arab Emirates (UAE) Federal Law No. 30 of 2020 altered Article 27 of the Civil Transactions Law to avoid excluding the application of foreign laws when these oppose Islamic law and public policy (Dubai Court of Cassation, Civil Chamber, Case No. 592/2023, 2024). This paper addresses the answer to a question related to the extent of the success of the Emirati legislator in achieving a balance between the supposed role of public policy exception and protecting the foundations, values, and principles of Emirati society when considering cases that contain a foreign element

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Noviyani, Nia, and Indah Nadya Kalalo. "Casation in Civil Procedure Law is Reviewed from a Legal Logic Perspective." International Journal of Research and Innovation in Social Science VIII, no. IX (2024): 1498–502. http://dx.doi.org/10.47772/ijriss.2024.8090122.

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Cassation is the final legal remedy submitted by a party who feels aggrieved by the decision of the court of first instance or appeal to be re-examined by the Supreme Court. This research aims to determine the effectiveness of the application of cassation in correcting legal errors that occur as a result of ignoring legal facts at the appeal level, as well as a comparison between cassation and judicial review in dealing with discrepancies between legal facts and the application of legal rules. This research uses normative juridical methods with a qualitative analysis approach to court decision

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Ilmiyah, Nailul. "Relevansi Pemikiran Ibnu Qayyim al-Jauziyah tentang Peranan Keyakinan Hakim dengan Sistem Pembuktian dalam Hukum Acara Pidana di Indonesia." Al-Jinayah Jurnal Hukum Pidana Islam 6, no. 2 (2020): 420–49. http://dx.doi.org/10.15642/aj.2020.6.2.420-449.

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The paper aims to expose the relevance of Ibn Qayyim al Jauziyah's thoughts in the role of judges' conviction with the evidence in the criminal procedural law system in Indonesia. The result shows that the function of the judge's conviction is considered a base or a consideration in deciding cases, in the sense that the belief is the act of the judge accompanying the emergence of evidence presented before the court. Ibn Qayyim al-Jauziyah argues that a judge's conviction is related to the broad knowledge of the law and the skill in reading the signs that arise in the case, it also considered a

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Yassir, Muhammad, Abd Muthalib, and Akhmad Husaini. "Analisis Ex Officio dan Perlindungan Hukum di Pengadilan Agama (Studi Putusan PA Jember Nomor 1323/Pdt.G/2024/PA.Jr)." Jurnal Al-Fawa'id : Jurnal Agama dan Bahasa 15, no. 1 (2025): 210–27. https://doi.org/10.54214/alfawaid.vol15.iss1.750.

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This study aims to examine the role of ex officio authority exercised by judges in the Religious Court, based on Decision Number 1323/Pdt.G/2024/PA.Jr from the Jember Religious Court. The main issue addressed is how the court ensures the protection of women’s and children’s financial rights after divorce, even without a formal request from the wife. The urgency of this study lies in the importance of ensuring substantive justice for vulnerable parties within the Islamic family law system in Indonesia. This research employs a qualitative descriptive-analytical method with a normative juridical

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Laurinavičius, Alfredas. "TEISĖJO ELGESIO IR SPRENDIMO PROGNOZĖS SĄVEIKA VERTINANT PROCEDŪRINĮ TEISINGU." Psichologija 32 (January 1, 2005): 87–101. http://dx.doi.org/10.15388/psichol.2005..4324.

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Teisingumo klausimas yra svarbus teisminio ginčo nagrinėjimo dalyviams. Suvoktas sprendimo ir procedūrinis teisingumas turi įtakos sprendimo ir jį priimančio asmens vertinimams. Atliktame faktoriniame 3 × 2 × 2 eksperimente buvo tiriama subjektyvios teisėjo sprendimo palankumo prognozės įtaka teisingumo vertinimams. Esant skirtingai teisėjo sprendimo prognozei, teisėjo elgesio ypatumai turi skirtingą įtaką procedūrinio teisingumo ir pasitikėjimo teismais vertinimams. Atliktas eksperimentas parodė, kad teisėjo elgesio ir procedūrinio teisingumo reikalavimų atitikimas yra ypač svarbus vertinant

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Savage, Samantha. "The Reliability of Expert Evidence in Canada." Wrongful Conviction Law Review 3, no. 1 (2022): 82–93. http://dx.doi.org/10.29173/wclawr69.

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This paper analyzes Canada’s common law as it currently stands regarding expert evidence and key inquiries and reports on expert evidence and wrongful convictions done in Canada and on forensic science. The analysis will demonstrate how Canada’s laws and practices have not gone far enough to ensure expert evidence is reliable in order to protect innocent citizens from wrongful conviction. I propose that to truly safeguard against the admission of improper expert evidence in trials Canada must (1) heighten the standard expert evidence must meet to be considered reliable and increase a judge’s r

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Roclawska, Monika, and Adam Bulat. "Towards an American Model of Criminal Process: The Reform of the Polish Code of Criminal Procedure." Baltic Journal of Law & Politics 7, no. 1 (2014): 1–11. http://dx.doi.org/10.2478/bjlp-2014-0001.

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Abstract In September 2013, the Polish Parliament passed an amendment to the Code of Criminal Procedure. The legislators decided to expand a number of adversarial elements present in current Polish criminal proceedings. When these changes come into effect (July 1, 2015), Polish criminal procedure will be similar to American regulations, in which the judge’s role is to be an impartial arbitrator, not an investigator. The authors of the article describe the meaning of the principle of adversarial trial in Poland. They also emphasized relations between this principle and the concept of “material

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