The role of the judge in legal proceedings

2012 ◽  
Vol 1 (2) ◽  
pp. 234-252 ◽  
Author(s):  
Eveline T. Feteris
Keyword(s):  
Rule Of Law ◽  
Critical Discussion ◽  
Ideal Model ◽  
Legal Procedure ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
Dialectical Perspective ◽  
Argumentative Activity ◽  
The Ideal

In this contribution I characterize the role of the judge in the context of the argumentative activity of legal proceeding. I describe the role of the judge from a pragma-dialectical perspective and explain in which way this role promotes a rational resolution of the dispute. I specify how a critical discussion in accordance with the ideal model is implemented in legal procedure to accomplish the institutional point, a resolution of the dispute in accordance with the Rule of Law.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE FORMATION OF THE CONCEPT ADMINISTRATIVE PROCEDURE

2020 ◽  
pp. 27-39
Author(s):  
Iryna Boiko
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Procedure ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
Administrative Act ◽  
Administrative Proceedings

The article emphasizes the need to adopt a legislative act on administrative procedure in Ukraine,which is conditioned by the European integration aspirations of the state, human-centeredorientation of public administration. In the absence of a single law that would contain therules of administrative procedure, fragmentary legal regulation of the procedure for adoptingadministrative acts, case law plays a significant role in shaping the concept of administrativeprocedure. The purpose of the article is to study the case law in order to outline the positions formulated by the court to understand the content of the administrative procedure, the rulesthat make it up. The study used the following scientific methods: empirical, which was able totrack among a large number of court decisions, which formed positions that embody the basicprinciples and principles of the concept of administrative procedure, and theoretical, includinganalysis and generalization, which allowed to draw conclusions about the role of judicial practicein developing the basic foundations of administrative procedure. Legal procedure, interpreted bythe court as part of the rule of law and the rule of law, is an important guarantee against abuse bypublic authorities in decision-making and actions that must ensure fair treatment of the individual.As a result of the research it was found out that the courts have developed and outlined in theirdecisions a number of positions on understanding certain aspects of administrative procedure: theessence of legal procedure, its significance in administrative and legal regulation; the essence ofthe principle of legitimate expectations; regarding the assessment of the ratio of the violation ofthe administrative procedure with the legality of the adopted act; understanding of a person’s rightto be heard (or the right to participate in administrative proceedings); ensuring the legitimateinterest (trust) of the person in maintaining the administrative act; on the admissibility of evidencein administrative proceedings; impossibility of termination (cancellation) of an administrative act,the effect of which is exhausted by execution, as well as regarding the principles of implementationof discretion by the public administration. The article concludes that the case law forms the basicideas and conclusions that can be embedded in the doctrine of administrative procedure. Thus, infact, the courts fill the gaps in the legal regulation of the procedure for adopting administrative acts.

scholarly journals Political Office and the Rule of Law in Plato’s Statesman

2018 ◽  
Vol 35 (2) ◽  
pp. 401-417
Author(s):  
Anders Dahl Sørensen
Keyword(s):  
Rule Of Law ◽  
Recent Discussion ◽  
The Rule Of Law ◽  
Constitutional Order ◽  
Starting Point ◽  
Political Office ◽  
And Control ◽  
Constitutional Analysis ◽  
The Ideal

Abstract The article discusses the relation between political office (archē) and the rule of law in Plato’s dialogue Statesman. Taking its starting-point from an observation about the Statesman’s peculiar approach to constitutional analysis, the article argues that what Plato is concerned to show is how the reconceptualisation of the role of law in government proposed in that dialogue has important implications for what we take the role of the institution of office-holding to be. While Greek political tradition held the main aim of archē to be the formal circumscription and control of official power within a constitutional order, Plato insists that it should primarily be understood as ensuring that the exercise of political power approximates, by means of law, the ideal rule by a political expert. The article ends by pointing out how this reading complements another recent discussion of office-holding in the Statesman.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

scholarly journals Using argumentation theory to identify the challenges of shared decision-making when the doctor and the patient have a difference of opinion

2012 ◽  
Vol 1 (2) ◽  
pp. 26 ◽  
Author(s):  
Claudia A. Zanini ◽  
Sara Rubinelli
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Shared Decision Making ◽  
Communication Skills ◽  
Critical Discussion ◽  
Argumentation Theory ◽  
Shared Decision ◽  
Ideal Model ◽  
Difference Of Opinion ◽  
The Ideal

This paper aims to identify the challenges in the implementation of shared decision-making (SDM) when the doctor and the patient have a difference of opinion. It analyses the preconditions of the resolution of this difference of opinion by using an analytical and normative framework known in the field of argumentation theory as the ideal model of critical discussion. This analysis highlights the communication skills and attitudes that both doctors and patients must apply in a dispute resolution-oriented communication. Questions arise over the methods of empowerment of doctors and patients in these skills and attitudes as the preconditions of SDM. Overall, the paper highlights aspects in which research is needed to design appropriate programmes of training, education and support in order to equip doctors and patients with the means to successfully engage in shared decision-making.

THE ROLE OF PSYCHIATRY IN THE RULE OF LAW

1974 ◽  
Vol 4 (8) ◽  
pp. 16-31
Author(s):  
Seymour Pollack
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law
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