Religious Affiliation in Israeli Interreligious Law

1980 ◽  
Vol 15 (1) ◽  
pp. 1-48 ◽  
Author(s):  
Pinhas Shifman
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Focal Point ◽  
Religious Affiliation ◽  
Religious Communities ◽  
The Supreme Court ◽  
Personal Status ◽  
Major Factors ◽  
Substantive Law ◽  
Personal Law

Religious or communal affiliation is one of the major factors in the choice of law and jurisdiction in matters of personal status. First, a religious court has jurisdiction only if all parties belong to the religion or community of that court. Where the parties involved in a matter of personal status belong to different religious communities, only the President of the Supreme Court is entitled to confer jurisdiction upon a particular religious court. Secondly, religious affiliation determines the bond between a person and the substantive law which will apply to any matter of his personal status. The importance of such affiliation is declining as legislation fixing unified, territorial norms applicable to all religions and communities increases. However, because personal law continues to play a major role in our legal system, religious affiliation, too, continues to be a focal point of interreligious disputes. Here the lack of a consistent, unified system for regulation of these inter-religious disputes is particularly noticeable, and the solutions proposed are remarkable for their pragmatism and their evasion of the basic problems.

scholarly journals The Supreme Court's decision in the model case as a judicial precedent in the legal system of Ukraine

2020 ◽  
pp. 5-16
Author(s):  
Vasyl Ilkov
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Supreme Court Decision ◽  
Model Case ◽  
Typical Application ◽  
The Supreme Court ◽  
Anglo American ◽  
Administrative Proceedings ◽  
Substantive Law ◽  
High Degree

The publication deals with the concept and features of the Supreme Court's decision in the model case as a judicial precedent. The judicial precedent in the legal system of Ukraine is the Supreme Court's decision in an exemplary case, which contains conclusions on the application of the rules of law and a formulated rule. After the adoption of the new version of the Code of Administrative Judiciary of Ukraine and the direct introduction of the mechanism of decision-making in the model case and the actual systematic review by the courts of first instance of numerous typical cases on the basis of the model case, it can be concluded that in the legal system judicial precedent becomes a source of law in the administrative proceedings. In the countries of the Anglo-American system of law, the Supreme Court ensures the unity of the case law at the highest level. The precedent system is vertical and requires judges to adhere to the decisions of high courts. Today in Ukraine, belonging to the countries of the Romano-German legal family, one can already speak about the official use of precedents in the administrative process, namely the informal application of precedents in the decisions the Supreme Court in model cases. The main features of judicial precedent are the fact that it is created when considering a particular case, combines individual-legal and normative-legal features, dynamism and a high degree of specification of the legal norm, which is objectified in the judicial precedent. Such decisions are always reasoned, authoritative and public. A model decision contains the circumstances of a model case, which determine the typical application of substantive law and the procedure for applying such rules by courts and the subject of power, as well as the decisions in exemplary cases substantially optimize, refine and facilitate the judicially procedure in typical cases by a regional courts. Key words: court precedent, model case; a typical case; Supreme Court decision in an exemplary case, source of law.

scholarly journals In Search for the Scope of Main Subject Matter within Article 4(2) of Directive 93/13 after Andriciuc. Practical Consequences of the General CJEU Pronouncements

2020 ◽  
Vol 9 (2) ◽  
pp. 127-146
Author(s):  
Piotr Sitnik
Keyword(s):  
Supreme Court ◽  
Subject Matter ◽  
Focal Point ◽  
Recent Case ◽  
Swiss Franc ◽  
Main Subject ◽  
Control Practice ◽  
The Supreme Court ◽  
Unfair Terms ◽  
The Eu

The paper delves into the intricacies surrounding the ‘main subject matter’ requirement with a view to delineating its scope by reference to CJEU jurisprudence. Specifically, regard is had to the recent case of Andriciuc, its dictum and potential ramifications it may have for the judicial purview in the field of unfair terms control. Practice in recent years has brought to the fore the issue of indexation clauses as the focal point for doctrinal disputes. Comprehensive analyses of the main subject matter have also been carried out by Polish courts at all instances, including that in the Supreme Court, within the context of claims brought by consumers who entered into loans denominated in the Swiss Franc following the events of the so-called ‘Black Thursday’. The paper strives to decode the practical ramifications of the CJEU’s general doctrinal interpretations, offeringsuccinct corollaries pertaining to the compatibility with the EU standard, of the judicial interpretations of Poland’s courts with regard to the concept.

The Pakistan Federal Shariat Court, Section 4 of the Muslim Family Laws Ordinance, and the Orphaned Grandchild

2002 ◽  
Vol 9 (1) ◽  
pp. 70-82 ◽  
Author(s):  
Lucy Carroll
Keyword(s):  
Supreme Court ◽  
Middle Eastern ◽  
Appellate Court ◽  
The People ◽  
The Supreme Court ◽  
The Law ◽  
Personal Law ◽  
Law Of Succession ◽  
Muslim Family

AbstractSection 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, although arguably representation more closely reflects the experience and expectations of the people of Pakistan. Nearly two decades later, the Federal Shariat Court was established and endowed with jurisdiction to declare a law contrary to "the Injunctions of Islam" and thus void. Some laws, however, were specifically exempted from the Court's jurisdiction; falling within this category is "Muslim Personal Law." A 1981 decision of the appellate Court (the Shariat Bench of the Supreme Court) held that the provisions of the Muslim Family Laws Ordinance were included within the phrase "Muslim Personal Law," and were thus outside the jurisdiction of the Federal Shariat Court. This position was reversed by another decision of the appellate Court in 1993, and the provisions of the Ordinance were immediately challenged on the basis of their alleged divergence from the "Injunctions of Islam." This essay reviews the provisions of section 4 of the Ordinance and examines the decision of the Shariat Court as regards this particular provision.

Remedies for equitable wrongs

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Breach Of Contract ◽  
Turn On ◽  
The Supreme Court ◽  
The Common ◽  
Law Courts ◽  
Substantive Law ◽  
Court Of Chancery

Torts and breach of contract are termed common law wrongs because they were historically developed in the common law courts. Equitable wrongs are civil wrongs that historically were developed in the Court of Chancery. Despite the fusion of the common law courts and the Court of Chancery by the Supreme Court of Judicature Acts 1873–1875, much of the substantive law has not been fused. One example is the continued distinction between common law and equitable wrongs. In a rational fused system, nothing should turn on whether a civil wrong is common law or equitable. But that is not the present law.

1. The birth of equity and trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Wide Range ◽  
The Supreme Court ◽  
Complete Series ◽  
Explanatory Text ◽  
The Common ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the origin of equity and trusts as distinctive aspects of the English legal system and the subsequent merger of equity with the common. It covers the meaning and origin of equity; what became of the chancery jurisdiction after the Earl of Oxford but before the Judicature Act; the reform of the Court of Equity; the Supreme Court of Judicature Acts 1873–5; the modern relevance of equity; the types and nature of trusts; and the recognition of trusts.

Judicial Trends in Child Custody Cases in Bangladesh: Traditional Islamic Law Rules versus Welfare Considerations

2017 ◽  
Vol 12 (2) ◽  
pp. 233-256 ◽  
Author(s):  
Taslima YASMIN
Keyword(s):  
Child Welfare ◽  
Supreme Court ◽  
Child Custody ◽  
Islamic Law ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Welfare Of The Child ◽  
Personal Law

AbstractIn Bangladesh, disputes over custody and guardianship involving Muslim parties are principally governed by Muslim personal law. There remains a constant dilemma in judicial decisions over custody and guardianship matters as to what should be the paramount consideration in awarding child custody to a party – should traditional Muslim personal law rules or the welfare of the child prevail? The findings of this study indicate that there is a steady but inconsistent trend towards child welfare considerations. However, it cannot conclusively be said that a child’s welfare is now themostdominant, or theonlyconsideration for the courts. Focusing on this shift towards a welfare approach, this article critically examines some of the leading reported judgments of the Supreme Court of Bangladesh on the issue.

scholarly journals KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE

2017 ◽  
Vol 9 (2) ◽  
pp. 95
Author(s):  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
State Institutions ◽  
Binding Force ◽  
The Supreme Court ◽  
Legal Uncertainty

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.<br /><br />

scholarly journals Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 66-78
Author(s):  
Benny Leonard Saragih ◽  
Ediwarman Ediwarman ◽  
Muaz Zul
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Internal Factors ◽  
Legal Norms ◽  
The Public ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Republic ◽  
Substantive Law

Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.

scholarly journals PRUNING OF SECTION 377, INDIAN PENAL CODE, 1860 AND CHANGED DYNAMICS OF MORALITY IN INDIAN SOCIETY

2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig
Keyword(s):  
Social Structure ◽  
Supreme Court ◽  
Legal System ◽  
Penal Code ◽  
Indian Society ◽  
Supreme Court Of India ◽  
The Social ◽  
The Supreme Court ◽  
Set Up ◽  
Indian Penal Code

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.

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