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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]

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]

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.)

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]

Purpose: The purpose of this paper is to discuss how agency conflicts between people and main government organs affect the combatting ability of white-collar money laundering in an emerging economy. Design/methodology/approach: This paper uses a qualitative design under the philosophy of interpretivism. The case study research strategy is used inductively to investigate how structural limitations affect white-collar money laundering. Findings: This study reveals that serious agency conflicts exist between public and main government organs which are detrimental to the rights of people to enjoy a crime-free society. First agency conflict of people and legislature intensifies as a result of limited understanding of the legislature and failure to take precautionary actions to develop an anti-money laundering and countering the financing of terrorism (AML/CFT) regime with evolving global standards. This delay has resulted in identifying Sri Lanka as a deficient AML/CFT regime twice. The second conflicts arise between people and the executive which is a serious conflict due to misuse of statutory power and failure to perform duties. The independence and integrity of administrative authorities who perform executive functions were inherent problems of implementing a sound AML/CFT regime. Lack of monitoring, nonavailability of an independent audit and inappropriate reporting channels were other encouraging factors of administrative organs to misuse statutory power. The third conflict between people and the judiciary was not intensified because the function was not so exposed to create agency conflicts. After all, an adequate number of cases had not proceeded to the judiciary due to inherent limitations as a result of intensified first two agency conflicts. The agency conflicts have intensified over the years and AML/CFT regime has been ineffective as a result of limited influence and understanding of the principal, people. Therefore, the principal has to influence the agents to make reforms in the AML/CFT regime to make the country a white-collar crime-free country. Research limitations/implications: This study uses a case study strategy to assess the context of Sri Lanka as an emerging economy. It is recommended to take into consideration the contextual facts when the findings are applied to other jurisdictions. Originality/value: This paper is an original work of the authors which discusses how agency conflicts arise between people and three main government organs in implementing a sound AML/CFT regime in Sri Lanka as an emerging economy. [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.)

Twenty-first-century elected right-wing regimes share many similarities apart from being led by “authoritarian populists” who centralize power in themselves and represent ethnic or religious majorities at the expense of other citizens. Since higher judiciaries are key to ensuring executive accountability and the separation of powers in a liberal democratic constitutional setup, they are on the front lines of authoritarian attempts at institutional capture. Unlike earlier dictatorships that suspended existing constitutional protections or imposed martial law, current authoritarian regimes maintain a semblance of legality and constitutionalism while in practice attempting to remake the judiciary in their own image. This phenomenon has been variously termed “autocratic legalism,” “abusive constitutionalism,” and “populist constitutionalism.”In this article, I look at how the Indian Supreme Court (SC) has responded to executive incursions under the Narendra Modi regime since 2014. Even today, the court continues to deliver important democracy-enhancing judgments, breaking away from India’s colonial inheritance in matters like criminalizing same-sex relationships and adultery. However, the last decade is strongly marked by two features: first, an unwillingness to hear major constitutional issues that might challenge the regime; and second, judgments that serve as an advertorial for the regime, reinforcing an antiminority ideological orientation, justifying the government’s actions, and promoting Modi’s personality cult. By outsourcing several political decisions to a seemingly disinterested and neutral judiciary, the Modi government has been far more successful than it would have been if it had imposed those decisions purely by legislative majority. In turn, by addressing a variety of political issues as purely legal matters and not addressing them as constitutional questions, the courts have collaborated in the delegitimization of dissent and reinforced the claims of the Modi regime.

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]

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 South African Courts frequently juggle different roles within the country’s governance. This causes discomfort among some of the role players within the polity as it is seen as judicial encroach-ment in matters outside the court’s role. In the South African context of separation of powers, the role of each branch of government is not always clearly defined, and now and again, it gains perspective as courts interpret parliamentary legislation and executive policies. The court’s role and limitations often come under scrutiny. This causes conflicts between the respective branches of government regarding the extent of judicial intervention concerning other branches of gov-ernment, namely the legislature and executive. This article exam-ines the role and limits of judicial intervention in the terrain of other branches of government within the context of separation of powers as envisaged by the South African Constitution. The doctrine of sep-aration of powers entails the establishment of a trilateral government. The envisaged government consists of the legislature, which enacts laws, an executive that recognises and executes the law and an in-dependent judiciary to regulate public power when all else fails. The article attempts to clarify the place and role of the judiciary in uphold-ing the rule of law in a constitutional state such as South Africa amid rampant complaints of judicial overreach.

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 article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.

We developed and analysed a mathematical model to study the dynamics of an electoral process and predict the outcome in Nigeria with three political parties as major actors. We model the ruling party (P1); major opposition party (P2) and minority opposition parties (P3). The model includes party campaigners of the three political parties and a class of eligible voters. The model also incorporates the Independent National Electoral Commission (INEC), electoral observers, judiciary, security personnel and thugs. The influx of voters into the system is determined by the registration rate of voter cards. The model’s interest lies in the measure of positive influence that the party campaigners who eligible voters to join their party. With this, the model mirrors election’s outcome and the movement of voters between the three groups of political parties involved. The model has proven that the pattern of election’s outcome for each political party is affected by the defection of party members and lack of policy consistency. We determine the equilibria analytically and discuss the stability of the system. Numerical simulations are graphed in combination with curve fitting to compare each party’s performances over the years. The result shows that no political party remains in power steadily from 2007 to 2019. Thus, the prediction of elections outcome to the political space of any region in Nigeria depends on political party structures and voters’ decisions.

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 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.)

A principal element of law is the unpredictable outcome of its proceedings. This unpredictability has fueled the hopes of many and the fears of equally as many. In recent years populists and other political mavericks have become highly capable at exploiting the element of chance in law, aiming not so much to prove guilt or maintain innocence, but rather to reconfigure the judiciary affectively as a game of winners and losers. Populists' legal and luysory tactics make it urgent to reconsider the relation between the fields of law and the humanities. By paying more attention to the genres and media of play and game we can better assess the ways in which contemporary actors are playing with law and exploring the limits of the rules of the game. Here, the plurality that characterizes culturally and medially determined forms of legality, as Greta Olson calls it, has a counterpart in an equally culturally inspired and mediatized form of totalitarianism. In analyzing the populist play with law, my guide will be Johan Huizinga's Homo Ludens, in which he considers law's origin in play and chance. For Huizinga, play is serious, as is the law. The populist play with law is equally serious, since it may have serious consequences for the Rechtsgefühle of citizens. [ABSTRACT FROM AUTHOR]

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.)

The South African Courts frequently juggle diff erent roles within the country’s governance. This causes discomfort among some of the role players within the polity as it is seen as judicial encroachment in matters outside the court’s role. In the South African context of separation of powers, the role of each branch of government is not always clearly defi ned, and now and again, it gains perspective as courts interpret parliamentary legislation and executive policies. The court’s role and limitations often come under scrutiny. This causes confl icts between the respective branches of government regarding the extent of judicial intervention concerning other branches of government, namely the legislature and executive. This article examines the role and limits of judicial intervention in the terrain of other branches of government within the context of separation of powers as envisaged by the South African Constitution. The doctrine of separation of powers entails the establishment of a trilateral government. The envisaged government consists of the legislature, which enacts laws, an executive that recognises and executes the law and an independent judiciary to regulate public power when all else fails. The article attempts to clarify the place and role of the judiciary in upholding the rule of law in a constitutional state such as South Africa amid rampant complaints of judicial overreach. [ABSTRACT FROM AUTHOR]

Copyright of GeSec: Revista de Gestao e Secretariado is the property of Sindicato das Secretarias e Secretarios do Estado de Sao Paulo (SINSESP) 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.)

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