The Role of Traditionalists and Modernists on the Development of the Saudi Legal System

2007 ◽  
Vol 21 (3) ◽  
pp. 191-229
Author(s):  
Ayoub Al-Jarbou
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Judicial System ◽  
Legislative Process ◽  
Judicial Systems

This article deals with the issue of the role of traditionalists and modernists on the development of the Saudi legal system. It presents and defines the two movements and evaluates their backgrounds and approaches. It also explores their impacts on the development of the Saudi legal system through evaluating their approaches on the following areas: legislative process, people's perspective toward applied laws, the judicial system, and legal education. The article concludes that it is clear from this evidentiary demonstration that the development of the Saudi legal system has been affected by the concurrent influences of traditionalist and modernist movements. The substance of enacted laws, legal education, the judicial systems, and people's attitude toward both Shariah and enacted laws has been negatively affected by the approaches of both movements. The paper provides for various approaches and solutions that address the problems of the system of legal education, judicial system, and legislative process. The paper suggests that these various approaches and solutions have to be adopted jointly; otherwise the confusion in the legal system will continue.

scholarly journals Minor offences as a constitutional category

2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Judicial System ◽  
Main Issue ◽  
Administrative System ◽  
European Legislation ◽  
Administrative Justice

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.

scholarly journals From Normative Pluralism to a Unified Legal System in Afghanistan?

2018 ◽  
Vol 5 (2) ◽  
pp. 289-314
Author(s):  
Siavash RAHBARI
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Education System ◽  
Recent Progress ◽  
Legal Education ◽  
International Treaty ◽  
Adversarial System ◽  
Islamic Jurisprudence ◽  
Principles Of Justice

AbstractThis paper suggests that Afghanistan’s fractured plural legal system is beginning to show some signs of cohesion and coherence. I briefly describe the aspiration set out in the Constitution of Afghanistan and its mandate to legislators and jurists to harmonize Islamic jurisprudence, the principles of justice, customary norms, and international treaty obligations. I then discuss some of the setbacks, obstacles, and more recent progress that have shaped the journey towards that aspiration. The paper specifically addresses the role of lawyers as they learn to navigate the more coherent landscape and the development and impact of a nascent adversarial system. Finally, the paper addresses the role of customary dispute resolution and the bifurcated legal-education system, and their impact on the development of a more unified legal system.

scholarly journals Assessing randomness in case assignment: the case study of the Brazilian Supreme Court

2019 ◽  
Vol 18 (2-3) ◽  
pp. 97-114 ◽  
Author(s):  
Diego Marcondes ◽  
Cláudia Peixoto ◽  
Julio Michael Stern
Keyword(s):  
Clinical Trials ◽  
Statistical Model ◽  
Supreme Court ◽  
Legal System ◽  
Judicial System ◽  
Mathematical Statistics ◽  
Case Assignment ◽  
Legal Case ◽  
Judicial Systems

Abstract Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should comply with some principles, such as transparency and complete auditability. Nevertheless, these principles are neglected by random procedures in some judicial systems, which are performed in secrecy and are not auditable by the involved parties. The assignment of cases in the Brazilian Supreme Court is an example of such a procedure, for it is performed using procedures unknown to the parties involved in the judicial cases. This article presents a review of how sortition has been historically employed by societies and discusses how Mathematical Statistics may be applied to random procedures of the judicial system, as it has been applied for almost a century on clinical trials, for example. A statistical model for assessing randomness in case assignment is proposed and applied to the Brazilian Supreme Court. As final remarks, guidelines for the development of good randomization procedures are outlined.

Introduction: The Chinese Legal System Since 1995: Steady Development and Striking Continuities

2007 ◽  
Vol 191 ◽  
pp. 555-566 ◽  
Author(s):  
Donald C. Clarke
Keyword(s):  
Legal System ◽  
Legislative Process ◽  
Special Issue ◽  
Personnel Staffing ◽  
Wide Range ◽  
International Legal Order ◽  
Investment Law ◽  
Interpretive Practices ◽  
Trade And Investment

In March 1995, The China Quarterly published a special issue devoted to developments in the Chinese legal system. That issue canvassed a wide range of subjects: the legislative process, the implementation of legislation via the interpretive practices of courts and administrative agencies as well as through the enforcement of civil judgements, the personnel staffing the system in the role of legal advisers, criminal law and human rights, the key area of foreign trade and investment law, and finally China's place and role in the international legal order.

Droit et justice constitutionnelle de Habermas à Luhmann

2006 ◽  
Vol 21 (2) ◽  
pp. 113-141
Author(s):  
Stéphane Bernatchez
Keyword(s):  
Deliberative Democracy ◽  
Legal System ◽  
Learning Process ◽  
Judicial Review ◽  
The Other ◽  
Legislative Process ◽  
Systemic Theory ◽  
Constitutional Justice ◽  
Alternative Theories

AbstractIn the debate over the legitimacy of judicial review, Jürgen Habermas put forward two justifications for the role of constitutional judges within deliberative democracy. Judicial review must examine the procedural conditions of the legislative process and participate within a learning process that would ensure the continuous redefinition of the Constitution. This procedural concept of constitutional justice remains subject to the scrutiny of the other procedural theories. Whereas the theory of contextual proceduralization questions the concept of the legal judgment and more specifically the habermassian conception of the application of a legal norm, the systemic theory offers the conceptual framework required to explain this learning process and the function of judicial review in the legal system. Therefore, Habermas' procedural theory is extended in line with alternative theories of the proceduralization of law.

The Indian Judicial System: Transition from Print to Digital

2013 ◽  
Vol 13 (3) ◽  
pp. 203-208 ◽  
Author(s):  
Raj Kumar Bhardwaj
Keyword(s):  
Legal System ◽  
Historical Development ◽  
Judicial System ◽  
Legal Information ◽  
The Third ◽  
System Transition ◽  
Electronic Administration

AbstractIn this, the third of a trilogy of articles for LIM written by Raj Kumar Bhardwaj, the author addresses the move from print to digital legal information within the Indian judicial system. He describes briefly the historical development of the legal system and the enormous backlog of cases that are pending throughout the court structure, before turning attention to the role of ICT in the legal system and the moves under way to create a more efficient electronic administration for the judiciary in India.

Drinker’s Paradise?

Drunk Japan ◽  
2020 ◽  
pp. 1-15
Author(s):  
Mark D. West
Keyword(s):  
Legal System ◽  
Judicial System ◽  
Attempted Murder ◽  
System P ◽  
Rich Description

This chapter offers an overview of the book and introduces the book’s methodology through a 1956 case of attempted murder in which the defendant was found not guilty because he was intoxicated. The court’s opinion begins with many specific facts that help readers understand the characters and the outcome of the case and ends by editorializing about the dangers of Japan’s emergence as a “drinker’s paradise.” Using this opinion as an example, the chapter sets forth the goals of the book: to use law to create a rich description of the role of alcohol in Japan and to use the alcohol-related cases to challenge traditional depictions of the Japanese legal system as one that provides systematic and routinized justice. It closes with a brief description of Japanese judges and their role in the judicial system.

Composing a judiciary: reflections on proposed reforms in the United Kingdom on how to change the voices of and the constituencies for judging

Legal Studies ◽  
2004 ◽  
Vol 24 (1-2) ◽  
pp. 228-252 ◽  
Author(s):  
Judith Resnik
Keyword(s):  
United States ◽  
United Kingdom ◽  
Legal System ◽  
Legal Culture ◽  
The United States ◽  
Judicial System ◽  
England And Wales ◽  
The United Kingdom ◽  
Judicial Systems

I sit an ocean and a legal culture away. Asked to comment on reforms in England and Wales, my response is shaped by knowledge of the legal system of the United States, which shares aspirations similar with and has been much influenced by the judicial system of England and Wales, but is also very different from it.Yet judicial systems on both sides of the Atlantic (and in many other places) have to face difficult challenges. How can governments create, select, and equip a sufficient number of individual judges to respond to the tens of thousands of complainants who come before them?

“Too Many Courts and Too Much Law”: The Politics of Judicial Reform in Nova Scotia, 1830–1841

2012 ◽  
Vol 30 (1) ◽  
pp. 89-133 ◽  
Author(s):  
Jim Phillips ◽  
Bradley Miller
Keyword(s):  
Social Change ◽  
Nova Scotia ◽  
Legal System ◽  
Judicial System ◽  
Judicial Reform ◽  
Court System ◽  
Old Order ◽  
Economic Elite ◽  
Civil Courts

The 1830s was Nova Scotia's “Age of Reform.” Although historians have documented the growing tensions between elected Assembly and appointed lieutenant governor and Council, the concomitant attacks on the established economic elite, and the rise of a distinct party in colonial politics, little attention has been paid to the role played by the colony's courts and judges in this crucial decade. This lacuna is surprising, because reformers were convinced that the judges of the Nova Scotia Supreme Court (NSSC) were bulwarks of the old order and barriers to progress, and as their movement gained influence in the 1830s it brought the judges and the court system to the fore. This period saw numerous proposals for reform to the colony's laws and legal system, some effected and others not. Here we examine those aspects of the reform platform that were most hotly contested precisely because they exemplified the ways in which controversies about the legal system both reflected and exacerbated broader political and social change. The most important issues were judicial fees and the role of the chief justice as head of the Tory-dominated lieutenant governor's Council. We also examine two other matters in which the judicial system was directly linked to reformers' general demands for a system of government more responsive to the needs of ordinary Nova Scotians: judicial salaries and the role of the lower civil courts.

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