4. Due process

2021 ◽  
pp. 125-169
Author(s):  
Timothy Endicott
Keyword(s):  
Rule Of Law ◽  
General Principle ◽  
Due Process ◽  
Procedural Fairness ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Natural Justice ◽  
Administrative Agencies ◽  
The Law

This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process and of the potential dangers involved in administrative processes.

4. Due process

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Rule Of Law ◽  
General Principle ◽  
Due Process ◽  
Procedural Fairness ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Natural Justice ◽  
Administrative Agencies ◽  
The Law

This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process, and of the potential dangers involved in administrative processes.

3. Rule of law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Natural Justice ◽  
The Law ◽  
The Uk

This chapter begins with a discussion of the meaning of the rule of law, one of the fundamental doctrines or principles of the UK constitution. It distinguishes between formal and substantive meanings of the rule of law. It discusses principles encompassed by the rule of law. These include that laws should be prospective, laws should be open and clear, and that there should be natural justice, access to the courts, and equality before the law. The chapter concludes with an assessment of the contemporary significance of the rule of law.

scholarly journals Penyadapan oleh KPK dalam Perspektif Due Process of Law

2019 ◽  
Vol 12 (2) ◽  
pp. 122
Author(s):  
Tamara Laurencia
Keyword(s):  
Rule Of Law ◽  
Due Process ◽  
Presumption Of Innocence ◽  
The Rule Of Law ◽  
The Right To Privacy ◽  
Due Process Of Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
The Right

<em>Corruption is very detrimental. KPK was established to eradicate corruption and is given extensive duties and authority. KPK is given the authority to conduct investigation and prosecution, and in the implementation, KPK has the authority to conduct wiretapping. However, the authority given to KPK in conducting wiretapping seems to be too broad and was given without any clear boundaries in terms of the time limit for example. It should also require permission to conduct wiretapping in order to uphold the law. Wiretapping has been a violation of privacy towards citizen rights. The right can only be limited by the Law, but it cannot be removed from existence. One of the principles of criminal procedure in Indonesia is due process of law that consist of three important aspects, namely presumption of innocence, equality before the law, and the rule of law. This principle basically requires the protection of the rights of the suspects or defendants in terms of the substance of the law that regulates or the implementation, which in this case is not to be considered guilty during criminal justice process, equality before the law regarding the right to privacy that can only be limited, not removed from existence.</em>

scholarly journals Rule of Law and Constitutionalism in Nigerian Democracy: A Critical Relativism Discuss in the Context of International Law

2021 ◽  
Vol 7 (3) ◽  
pp. 317-334
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Due Process ◽  
Good Governance ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
General Terms ◽  
The Law ◽  
The Government ◽  
Judicial Procedures

The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;

THE PRINCIPLE OF THE RULE OF LAW IN THE JUDICIAL PRACTICE OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Yaroslav Skoromnyy ◽  
Yuriy Mazur ◽  
Valentyn Serdiuk ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Limit State ◽  
Transitional Period ◽  
Complex Nature ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Status ◽  
The Law ◽  
The Right

The article reveals the peculiarities of the observance and implementation of the principle of the rule of law in the judicial practice of Ukraine. It was established that the implementation of the rule of law is regulated by the Resolution of the Plenum of the Supreme Court of Ukraine «On a Court Decision in a Civil Case», the Law of Ukraine «On the Judiciary and the Status of Judges» and the Constitution of Ukraine. It has been established that the principle of the rule of law is one of the main principles of a democratic society. It has been established that the problem of observance of the principle of the rule of law in the judicial practice of Ukraine is of a complex nature, and it can be solved only through the implementation of a comprehensive judicial and legal reform. It has been established that in the context of observing the rule of law in Ukraine, the experience of the European Court of Human Rights should be implemented. It has been established that the implementation of the principle of the rule of law occurs through the implementation of the principle of legal certainty, the principle of juridical certainty, the principle of justice, the principle of equality, the principle of clarity and unambiguity of the legal norm, the principle of proportionality, the principle of predictability. It has been proven that in the context of the administration of justice, the court must comply with the principle of the rule of law, as well as ensure the right of everyone to a fair trial, to ensure respect for everyone, as well as other rights and freedoms defined by legislative and regulatory documents. It has been established that one of the main principles for the implementation of the principle of the rule of law is the implementation of changes in legislation in order to establish an appropriate transitional period (that is, a reasonable period between the date of the official promulgation of the law and the date of entry into force of the law). It was determined that the implementation of the principle of the rule of law indicates the limited nature of public authorities in actions, primarily those regulated by law, and the main goal of the principle of the rule of law is to limit state power over everyone, as a result of which the rights of everyone should be properly ensured against arbitrary (and at the same time inappropriate) interference of the state or public authorities, in particular, in the relevant spheres of life of everyone. It is noted that the prospects for further research in this direction are the study of the legal foundations of other principles that guide the activities of the judicial authorities of Ukraine.

14. Procedural Grounds of Judicial Review

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Procedural Fairness ◽  
Case Law ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Partial Picture ◽  
The Law ◽  
Modern Era ◽  
Do So

This chapter examines the procedural grounds of judicial review. It discusses how the courts have used the procedural fairness doctrine by reviewing a number of leading cases to identify the values that appear to be shaping the content of the law. The analysis focuses on case law drawn from the ‘modern’ (ie post-1960) era, but several seminal decisions from earlier periods are also considered. The concept of procedural fairness has generated a vast body of case law in the modern era and will continue to do so in future. But the law on this point, even when seen in conjunction with the law relating to the traditional substantive grounds on which government action can be held unlawful, offers only a partial picture of the way in which administrative law fits into the broader constitutional principles of the rule of law and the sovereignty of Parliament.

scholarly journals Investigative and the Rule of Law: A Cameroonian and Ukrainian Criminal Proceedings Law Understanding

2021 ◽  
Vol 9 (3) ◽  
pp. 517-538
Author(s):  
Nana Charles Nguindip ◽  
Leonid Volodymyrovych Mohilevskyi ◽  
Ablamskyi Serhii Yevhenovych ◽  
Tetiana Kuzubova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Due Process ◽  
Criminal Proceedings ◽  
Human Right ◽  
Criminal Process ◽  
The Rule Of Law ◽  
Crime Commission ◽  
The Law ◽  
The Right

There is no instance in a given society that can successfully opeate and function without respecting existing standards and principles set in place in ensuring the respect of fundamental human right and dignity. The notion and acceptable rule is that, Crime commission is an unavoidable singularity in any given and documented society functioning under the umbrella of established rules and regulations. Cameroon and Ukraine has engaged huge steps in establishing credible laws, all in the preservation and protection of fundamental human right of those presumed of crime commission. This article articulates and establishes that,the only way the rule of law can be respected during the investigative stage, will only when those responsible for investigation respects the due process of the law in the course of its investigation so that their act should not contravene the right of the suspect or accused in question. It provides that when issues of investigation are carried out by Ukraine and Cameroon police, gross violations of the criminal process are always experienced, and this greatly affects the objective of criminal law being that of protecting the right and dignity of everyone irrespective of the status quo acquired during the criminal proceedings.the results of this gross violation of the accuesed rights and status during the investigative stage will affect the rationale and objective of the criminal law system which is to ensure that all criminal process should respect human standard and dignity. The reason for this is that, during the investigative process and procedure, the law enforcement ofiicers must be able in detaching their various duties assigned with due diligent and respect of the various criminal standards of investigation. To ensure that this is done, there is that need of those enforcing the jucial process and trial should that all evidences, searches, seizures, recording done by the investigative police officials should be done in accordance of the free will of the presumed criminal.

14. Procedural Grounds of Judicial Review

2021 ◽  
pp. 374-404
Author(s):  
Ian Loveland
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Procedural Fairness ◽  
Case Law ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Partial Picture ◽  
The Law ◽  
Modern Era ◽  
Do So

This chapter examines the procedural grounds of judicial review. It discusses how the courts have used the procedural fairness doctrine by reviewing a number of leading cases to identify the values that appear to be shaping the content of the law. The analysis focuses primarily on case law drawn from the ‘modern’ (ie post-1960) era, but several seminal decisions from earlier periods are also considered. The concept of procedural fairness has generated a vast body of case law in the modern era and will continue to do so in future. But the law on this point, even when seen in conjunction with the law relating to the traditional substantive grounds on which government action can be held unlawful, offers only a partial picture of the way in which administrative law fits into the broader constitutional principles of the rule of law and the sovereignty of Parliament.

3. Rule of law

2020 ◽  
pp. 36-54
Author(s):  
Neil Parpworth
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Natural Justice ◽  
The Law ◽  
The Uk

This chapter begins with a discussion of the meaning of the rule of law, one of the fundamental doctrines or principles of the UK constitution. The concept is by no means straightforward, and opinions vary as to the principles or values which underpin the doctrine. The chapter distinguishes between formal and substantive meanings of the rule of law. It discusses principles encompassed by the rule of law. These include that laws should be prospective, laws should be open and clear, and that there should be natural justice, access to the courts, and equality before the law. The chapter concludes with an assessment of the contemporary significance of the rule of law.

scholarly journals DIALING AND INVESTIGATION OF NOTARY BY INVESTIGATOR POLICE

2018 ◽  
Vol 5 (3) ◽  
pp. 310
Author(s):  
Nur Aisyah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Due Process ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Applicable Law ◽  
The Law ◽  
The Right ◽  
Rules Set ◽  
Made In

Relationship notary to do with legal issues consciously or notary in practice are often faced with the proceedings or deal with the authorities caused the parties to a deed in front of him, and that the dispute can be reported to the investigator. So often a notary summoned by investigators with regard to the deed he made. In terms of the calling and notary investigation by an investigator there own rules set out in the Act. Although the implementation of the functions and investigations and inquiries Act gives the right to call, check, catching, defense minister, searched, confiscated to suspects and items are considered connected with a criminal offense, but in exercising its rights and authority must be obedient and subject to the principle of the right of due process (upholding the rights of the accused in the process of law enforcement). Each suspect is entitled researched and investigated based in accordance with the applicable law of criminal procedure. The concept of due process associated with the foundation of upholding the rule of law in dealing with crime. No one is located and put themselves above the law and the law should be applied to anyone based on the principle of treatment in an honest way. The application of the criminal law should be in accordance with the constitutional requirements and must comply with the law. By karen it does not allow the violation of a part of the general provisions on the pretext in order to enforce another law section.

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