Search

Judicial policy plays a critical role in the formation and development of the judicial system in modern society. It provides a strategic framework on which decisions are made on the organisation of the judicial system, setting priorities in its work, reforming procedures and ensuring legal protection of citizens. The judicial policy covers a wide range of aspects, from the development of legislation to the administration of justice in practice. In this context, it is important to consider the principles of judicial policy that underpin the judiciary and determine their role in shaping the judicial system of Ukraine. In today’s context, when Ukraine is facing the task of reforming its legal system and ensuring the rule of law, as well as taking into account the growing challenges and needs of society, understanding the principles of judicial policy becomes a priority task to ensure justice, legal order and harmony in society. The analysis of judicial policy principles will contribute to the effective functioning of the judicial system, ensure the independence and objectivity of the courts, and protect the rights and freedoms of citizens. Such a study will not only contribute to further improvement of the judicial system, but will also help to ensure that its activities comply with international standards and requirements. The relevance of the chosen topic for scientific research is manifested in the need for a systematic analysis of the principles of judicial policy as a phenomenon and instrument by which the judicial system of Ukraine should function and evolve. This article is one of the first attempts to make a comprehensive study of the theoretical and practical aspects of the principles of judicial policy and to determine their role in judicial and legal relations. The article examines certain aspects of systematisation of judicial policy principles as the basis for the functioning of the judicial system. The author reveals the theoretical foundations, content and nature of these principles in terms of their impact on the activities of judicial bodies. The author analyses the regulatory and legal framework of the judicial policy principles in national legislation and international documents. The author emphasises the importance of the judicial policy principles’ influence on the formation of the judicial system of Ukraine and identifies the main trends in their application in the context of modern challenges. [ABSTRACT FROM AUTHOR]

Central and Eastern European countries (CEE), compared to common law countries but also other civil law countries of Europe, are known for a strikingly high representation of women within judiciaries. This, however, does not mean that equality has been achieved, as women judges do not reach leadership positions at the same rate as their male peers. Taking the Czech Republic as a case study, this contribution explores the barriers women judges face within a CEE judiciary and analyses their reflections on their positions. The interviews with women judges show that while they are well aware of what is holding them back, most of them do not perceive the structurally unequal position of men and women in Czech society and in the judiciary as a problem and accept the consequences as being part of women's destiny. This means that the system currently lacks bottom-up incentives and pressure for change. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The reality of the democratization of various African states in the 1990s has often failed to match the promise of democracy. Disputes over electoral outcomes have been commonplace, often resulting violence and social unrest. Such disputes point to possible limitations of the capacity of formal institutions such as the electoral commissions (and its associated electoral laws) and the judiciary to ensuring their peaceful resolution even where there may be no actual large-scale electoral violence. This paper examines the 2012 presidential election in Ghana. It argues that in addition to these institutional mechanisms there is an important role played by the traditional authorities exercise of informal conflict resolution strategies and the positive values in the (political) culture. Drawing on reports of journalists, the views of politicians and judicial records the paper shows how the preventive mediation of traditional authorities helped to defuse tensions and prevented a potentially violent situation during the electoral process and its disputed outcomes. [ABSTRACT FROM AUTHOR]

The Supreme Council of Justice, which replaced the Supreme Council of Justice, plays a rather serious and important role in the formation of the judicial corps, the appointment and dismissal of judges, as well as in their disciplinary responsibility. Accordingly, it can be argued that ensuring the independence of the judicial branch of government and expanding access to fair justice for everyone is closely related to the effective functioning of the Supreme Council of Justice, or the Supreme Council of Justice. If we turn to the history, the history of the creation of such a body in Ukraine, then we should start from 1998, since it was then that the High Council of Justice was formed, which determined the path of development of the judicial system. The creation of such a step was quite a powerful jerk of our judicial system. However, despite a rather positive goal, there were a number of shortcomings in the High Council of Justice, which led to the need for reform, which began in 2015, as part of a large-scale judicial reform, which in turn was aimed at improving Ukraine's compliance, especially in the field of justice, to European standards. The changes that occurred in the Constitution of Ukraine, introduced back in 2015, made it possible to foresee the creation of the High Council of Justice, which precisely increased the requirements for judges and the optimization of the judicial system. The purpose of this organization was aimed at strengthening the independence of the judicial branch of government, thereby making it more transparent and accessible to citizens, increasing their trust. Therefore, it can be argued that the Supreme Council of Justice acts as a key body responsible for reforming and proper functioning of the renewed judicial system of Ukraine. Further efforts should be aimed at strengthening independence and increasing the efficiency of its activities, both in the interests of Ukrainian society and the state. Only in the presence of institutional capacity and public trust will the High Council of Justice be able to properly ensure the formation of an independent and professional judicial corps, guarantee the independence of judges by supervising them, observe rights and freedoms, help reform the judicial system (improve the judiciary), overcoming various gaps in it, and also strengthen international cooperation and European integration. [ABSTRACT FROM AUTHOR]

The world has been going through a moment of intense digital transformation with the massive use of social networks, communication applications and artificial intelligence. The exponential increase in the use of new technologies in all areas of human knowledge is an inevitable process that began with the 4th Industrial Revolution. Aware of this movement, the Judiciary (PJ) is gradually adapting to the transformations experienced by modern society as a result of the widespread use of Information and Communication Technology (ICT). As a result, the so-called Justice 4.0 has emerged. This study analyzes the impact of the use of Information and Communication Technology (ICT) in the Brazilian Judiciary (PJ) and its parallel with Portuguese law. To achieve the desired objective, exploratory research was carried out in the literature and in government documents and websites, with an emphasis on legislation, using the deductive method, and in the end the comparison of related legislation was carried out. A comparative synthesis was then constructed. The analysis made it possible to draw up a table establishing the similarities found between the Brazilian and Portuguese civil procedure codes. It was found that both countries are committed to implementing ICT in their legal system and have numerous similar points in their procedural legislation. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Management Analysis / Revista Gestão em Análise is the property of Revista Gestao em Analise and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Case T-323/2024, Colombian Constitutional Court, Second Review Chamber. File T-9.301.656 Case 8060619\CV EXPL 07-06/2024, Gelderland District Court, ECLI:NL:RBGEL:2024:3636 This case note addresses two judicial decisions that disclose the use of generative AI, specifically ChatGPT, within their decision-making process. The first case, originating in Colombia, started from a guardianship action filed on behalf of a minor with autism against a health service provider. Both the initial and appellate courts ruled in favour of the minor, with the Circuit Court judge using ChatGPT to help in drafting the ruling. This raised concerns about the right to due process and judicial independence, encouraging the Constitutional Court to review the case. The second case takes place in The Netherlands, involving a lower court judge using ChatGPT to decide factual details in a property dispute. This raises questions about the suitability of AI in legal contexts and the potential risks of relying on unverified information. Both cases highlight critical issues such as transparency, accountability, and the preservation of human judgment in legal decision-making processes. These cases serve as important precedents in the ongoing discussion about the role of AI in the judiciary and the safeguards necessary to maintain the integrity of legal systems. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Black homeownership declines across the U.S.A. at significantly higher rates than white, Hispanic, or Asian homeownership. Although the cost to own a home is lower in Republican states, Black Americans are much less likely to maintain homeownership in those areas. This article attempts to gain leverage on the following question: "what is the penalty of political parties on Black homeownership in America?" The findings presented here provide support to the notion that there is a nationwide penalty of political parties on Black homeownership. The variation in this penalty is dependent on a given state's opportunity structure for institutional racism, which changes based on the state's foreclosure laws and partisan leanings. To support the nationwide findings, this article provides a case study on Black homeownership across the state of New York's judicial districts with 221 partisan-elected judges, revealing that there remains a penalty in Republican judicial districts. Previous scholarship has analyzed the relationship between parties and foreclosures, as well as the relationship between race and foreclosures. This article assesses the intertwined relationship of parties, race, and foreclosures. [ABSTRACT FROM AUTHOR]

This article revisits the rational and symbolic elements of assumed and earned trust, and how social and political trust is intertwined with trust in the judiciary and the media, as key control points in a democratic system. As such, they are also primary targets of populist-autocratic movements. The article enumerates how the transformation of the information environment has shattered traditional structures and opened new ways of questioning existing injustices. The result is an information landscape which is not only post-truth but also post-trust. New methods and processes of institutionalising processes of earning trust and structuring distrust have become necessary. [ABSTRACT FROM AUTHOR]

In recent years, there has been a consensus in the public-political sphere of the Republic of Moldova regarding the fact, that institutional reconstruction of the judiciary is the main task and necessary precondition for the successful establishing of the rule of law. In the context of the determination of the Republic of Moldova to join European Union and due to a lack of trust in the justice professionals, the country engaged in an extraordinary evaluation of judges, supported by foreign partners and civil society. One of the major objectives of this reformative measure is to strengthen integrity and accountability of judges and restore confidence in national courts. This study aims to analyze premises of the extraordinary evaluation of judges, the concept of vetting process of Moldova as an institutional measure, take a closer look at the main steps in initiating and adapting the vetting process as a mechanism of verifying the integrity of judges. At the same time, the presented paper reviews international example of ongoing process of judicial vetting in Albania, and the institutional model used there.

Among the various branches of the humanities in different societies, no science can be found that is not significantly influenced by the original knowledge of history and the ups and downs of the times; And the passage of time has not affected history for a long time. In the meantime, the science of law is no exception to this rule, and this knowledge and everything that belongs to it has also changed over the course of history. Legal history forms a major part of the history of civilized societies; And being aware of the evolution of any civilization also requires a correct understanding of various legal issues in the past. In order to see how the issue of delaying the trial or prolonging the process of hearing people's cases in the courts has been raised from the past to the present and what solutions have been resorted to deal with it, in this article, which is a study between the history of civilization and law, We will address this issue. Therefore, since the historical constitutional revolution became the source of important changes and developments in the Iranian legal and judicial system, we examine the issue of solutions to deal with the delay of the trial with the temporal focus of the constitutional revolution in the history of Iran.

The timeliness and predictability of the judiciary play an important role in the economic system as a whole by reducing uncertainty for market actors. Unfortunately, due to the indirect nature of its impact on economic development and the difficulty in estimating the 'return on investment' of the judiciary, this issue is still not sufficiently emphasised in mainstream discussions to date. This article presents selected economic aspects of the judiciary, reflecting on its effectiveness in European countries, in particular Poland. The efficiency of the Polish justice system is quite adequate to the resources spent on it. In particular, the overall functioning of the criminal system and the relatively low costs of proceedings, combined with a high recovery rate for civil and commercial cases, deserve high praise. However, the Polish civil and commercial justice system is still in need of certain reforms. These include solutions related to the automation and digitisation of courts and the development of alternative, conciliatory methods of dispute resolution - which so far handle a negligible percentage of all proceedings. These solutions could significantly improve the quality of the Polish judiciary, contributing to a decrease in the expected disposition time, which has increased significantly over the last decade.

The paper focuses on the multi-faceted personality and work of Piero Calamandrei – an outstanding protagonist in the sphere of law, academia, institutions and culture – highlighting how many provisions of the Constitution are indebted to his proposals. In particular, Calamandrei contributed to the drafting of norms on civil rights, the constitutionalisation of social rights, and the protection of the autonomy and independence of the judiciary, an aspect to which the Author pays specific attention along with the principle of the separation of powers, which constitutes the ‘beating heart’ of the relations between politics and the judiciary.

The aim of the research: explanation of the types of adultery and the ruling on each type from the books of the Islamic jurists. Research Methodology: in this research, the researcher relied on the comparative analytical inductive method, by collecting the types of adultery from the books of Islamic jurists, and an analytical study of what the jurists of each school of thought have said in ruling on each type by comparing their statements and weighing between them. Main sections of the research: introduction, preface, six chapters, and conclusion. Top research results: the researcher concluded through his study of the subject that the chosen definition of adultery should be a definition of the essence, not a definition of the conditions of the punishment. He also concluded that sodomy, bestiality, intercourse with the dead, intercourse with minors, and intercourse with relatives are all types of adultery, according to the most correct of the jurists' statements. [ABSTRACT FROM AUTHOR]

The recall of memories of past events, experiences and emotions is a complex process. When experiencing traumatic events, as is the case with sexual violence, a host of additional complexities and difficulties arise. This becomes especially important in court cases which rely mostly or exclusively on the testimony of the victim, where the problem of the fallibility of memory takes center stage. Some research studies emphasize the possibility of inducing, altering or suppressing memories, especially in the context of psychotherapy. This has led to the unfortunate reality that the testimony of victims who have undergone psychotherapy is often considered to be unreliable. This in turn can lead to the impression that a decision has to be made between treatment of the adverse effects of traumatic events and maximizing the chances for a conviction of the perpetrator in court. This article introduces some central concepts of our current understanding of memory and gives an overview of the relevant scientific literature and debate. Following this, it examines the dilemma as it pertains to the different groups of all involved parties (i.e., victims, members of the judiciary and psychotherapists). Lastly, it proposes a framework of how to approach a solution to this problem by focusing on research in critical areas, expansion of therapy guidelines and documentation procedures as well as communication of these efforts to all parties involved. [ABSTRACT FROM AUTHOR]

The article examines, in practical and theoretical aspects, of influence of judicial practice and judicial precedent on the modern legal system of Ukraine. Since Ukraine has been granted candidate status for accession to the European Union, significant changes have been taking place in the legal system of Ukraine, particularly in international law norms, where international treaties have become not only obligatory for application within the legal system of Ukraine but also have priority in case of conflicts between national and international legislation. These changes are driven, in part, by the inclusion of judicial power and issues of justice in the negotiating process regarding Ukraine’s membership in the European Union, identified as the most important tasks for Ukraine. This cluster, which opens first and closes last, defines the fundamental aspects of legal and institutional alignment between Ukraine and the European Union. The importance of this cluster lies in the fact that the judicial system and justice play a key role in ensuring the rule of law, democracy, and the protection of human rights. This significantly influences modern judicial practice and envisages an even wider use of existing precedents or precedents being formed. Currently, in the judicial practice of Ukraine, there are processes that can be interpreted as an indicative mechanism influencing the legal system of Ukraine. It involves a qualitatively distinct set of characteristics that were not evident in previous years. This concerns the interrelation between the legal system of Ukraine and contemporary judicial practice with inherent features of normativity of a precedent-based type. There is a mutually conditioned process. On the one hand, judicial practice is becoming increasingly internationalized, meaning it increasingly employs principles, standards, and norms of international treaties, increasingly accepts judicial precedent of varying degrees of formation, and increasingly orients itself toward widely recognized judicial-legal ideas and principles. On the other hand, the legal system of Ukraine provides for the possibility of effective control over the implementation of international acts within the framework of judicial practice, including the use of judicial precedent to a certain extent and in certain areas of application. Thus, judicial practice, utilizing judicial precedents of national and international origin, serves as an indicative mechanism for analyzing the legal system. Actual judicial practice becomes an indicator of the development of the legal system and its adequacy to contemporary socio-legal and state-legal processes. [ABSTRACT FROM AUTHOR]

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article attempts to show the stages of women’s struggle for the right to practice law in the context of modernisation processes in Ukraine. Modernisation is seen as a set of processes of industrialisation, secularisation, bureaucratisation, urbanisation, increased spatial and social mobility, i.e. processes leading to the formation of an «open» society. Modernisation processes were accompanied by the rapid growth of the intelligentsia. In the 19 century, intellectuals were educated people professionally engaged in intellectual activity. Intelligentsia included creators of cultural and spiritual values – scientists, teachers, journalists, writers, artists, lawyers, doctors, and priests. Among the modernisation reforms, modern researchers highlight the judicial reform of 1864, which significantly influenced the process of observance and protection of human rights. The women’s issue was relevant in Ukrainian society in the second half of the 19 century during the modernisation process and became one of the key factors of social progress. The ideas of women’s emancipation spread among Ukrainian intellectuals and encouraged women to seek to expand their rights in terms of higher education, political and professional activities. Mentally, Ukrainian women began to return to the traditions that were characteristic of the Cossack era. A special place in this context was occupied by the issue of women’s struggle for the right to practice law. This issue was never resolved within the Russian Empire, neither at the first nor at the second stage. The issue of the women’s advocacy was of interest not only to women who sought recognition of the right to practice law. It was of interest to society as a whole, as it was an important step in achieving equal rights for women and men. [ABSTRACT FROM AUTHOR]

This article is a synthetic summary of the previous research on individual cases of postwar criminal conviction for activities, in the occupied Polish areas, of lawyers of the Third Reich (judges and prosecutors). The main axis of the considerations is formed by instances of prosecution before Polish courts, however, analysis is carried out against the background of three normative models specified in literature, based on: the Nuremberg judgment, West German doctrine and Radbruch formula, and East German judicial practice. In this context, the author attempts to answer the question if, on the basis of Polish legislation and Polish judicial practice, a fourth - Polish - model can be distinguished. [ABSTRACT FROM AUTHOR]

The main aim of this paper is to deconstruct the Trias Politica Doctrine in the South African context, with specific reference to the influence and power of the judiciary over the other two arms of government (legislature and executive).Through utilising case study design, qualitative methods, and document analysis as data collection technique, we argue that the judiciary, through its various courts, has in numerous cases influenced the legislative and executive activities and programmes of government. We conclude that, while John Locke and Charles De Montesquieu offered, great contribution in explaining the concept of separation of powers, the judicial power and influence in South Africa over the activities of the legislature and executive suggest that separation of powers does not fully hold water in the context of this sub-Saharan African state. However, there is what should be understood as judicial Hegemony informed by the principle of constitutional supremacy. [ABSTRACT FROM AUTHOR]

Copyright of Yildiz Journal of Art & Design is the property of KARE Publishing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Arts Magazine is the property of Thamar University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)