The Framework of the Right to Defence in Palestine: Legal Rationale and Practical Implementation

2014 ◽  
Vol 14 (6) ◽  
pp. 1150-1176
Author(s):  
Julia Rutz*
Keyword(s):  
Rule Of Law ◽  
Practical Implementation ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Palestinian Territories ◽  
Legal Situation ◽  
The Status ◽  
Recent Developments ◽  
The Right ◽  
Current Rule

Despite Palestine’s endeavour to seek full UN membership and herewith gain the support of the international community, strong tendencies towards violating basic fair trial principles can be observed on the ground. This article provides an in-depth exploration of the current Rule of Law building efforts in the occupied Palestinian Territories by an exemplary analysis of the status of the right to defence. The study examines the legal situation of the right to defence in Palestine and how those regulations are interpreted and applied in everyday practice. Considering recent developments of access to legal defence and legal aid on the UN and EU level, this article demonstrates the importance of granting comprehensive access to defence as part of the rule of law building efforts, and also underlines the necessity of its application during the early stages of criminal procedure.

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.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

scholarly journals European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

2021 ◽  
pp. 1023263X2110059
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Legal Framework ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Applicable Law ◽  
European Public ◽  
Judicial Protection ◽  
Current Rule ◽  
Academic Debate

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR

2021 ◽  
Author(s):  
Jelena Janković ◽  
Keyword(s):  
Rule Of Law ◽  
Service Sector ◽  
Free Choice ◽  
Moral Authority ◽  
Service Users ◽  
Service Economy ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
The Right

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.

Judicial independence as a precondition for mutual trust? The CJEU in Minister for Justice and Equality v. LM

2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij
Keyword(s):  
Member State ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Judicial Independence ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
State Compliance ◽  
The Right ◽  
The Eu

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.

scholarly journals Perspektif Gender dalam Putusan Pengadilan Pada Kasus Pelecehan Seksual

2020 ◽  
Vol 22 (2) ◽  
pp. 345-362
Author(s):  
Elisabeth Yulia Rana Sinta Dewi ◽  
Melina Gabrila Winata ◽  
Ella Yolanda Sakerebau
Keyword(s):  
Sexual Harassment ◽  
Rule Of Law ◽  
Random Sampling ◽  
Justice System ◽  
Sampling Method ◽  
Criminal Code ◽  
National Commission ◽  
Court System ◽  
The Rule Of Law ◽  
The Right

Penelitian ini bertujuan untuk menghapuskan pandangan diskriminatif akibat dipengaruhi oleh budaya patriarki yang menyebabkan terabaikannya nilai-nilai keadilan moral, sehingga diperlukan kesadaran akan kesetaraan gender dalam kepastian hukum dan dalam sistem peradilan. Metode dalam penelitian ini menggunakan metode yuridis empiris dengan bahan primer berupa wawancara dan putusan pengadilan yang diambil secara random sampling, serta bahan hukum sekunder berupa buku, literatur, jurnal serta peraturan perundang-undangan. Substansi Kitab Undang-Undang Hukum Pidana dalam penanganan kasus pelecehan seksual saat ini tidak lagi memadai, karena per-kembangan jenis macam pelecehan seksual menurut Komnas Perempuan. Penelitian ini menyimpulkan bahwa pertimbangan hukum yang dilakukan oleh hakim lebih memper-timbangkan faktor perbuatan daripada faktor korban. Dalam tiga kasus yang penulis teliti penjatuhan pidana jauh di bawah hukuman maksimal akibat penafsiran KUHP yang dilakukan hakim secara gramatikal yang terkurung oleh positivisme. Padahal penemuan hukum oleh hakim akan membentuk yurisprudensi dapat digunakan pada masa mendatang dengan lebih memperhatikan keadilan dan hak pemulihan bagi korban. Gender Perspective in the Court System on Sexual Harassion Cases This study aims to eradicate discriminatory views influenced by patriarchal culture which results in the neglect of moral values, so that awareness of gender equality is needed in the rule of law and in the justice system. This study uses empirical juridical methods. Primary legal materials was collected by conducting interviews and analyzing court decisions taken by random sampling method, as well as secondary legal materials was collected from books, literature, journals and statutory regulations. The substance of the Criminal Code in handling sexual harassment cases is currently no longer adequ-ate, due to the development of types of sexual harassment according to the National Commission on Women. This research concludes that the judge considers the act factor rather than the victim factor. In the three cases the author examined, criminal conviction was far below the maximum sentence due to grammatically interpretation of the Criminal Code by judges confined by positivism perspective. Though the legal finding (rechtvinding) by the judge will form jurisprudence, which can be used in the future by focusing more to justice and the right of recovery for victims.

scholarly journals The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17

2020 ◽  
Author(s):  
Maria Fanou
Keyword(s):  
Rule Of Law ◽  
Trade Agreement ◽  
Judicial Independence ◽  
Court System ◽  
Eu Law ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
The Right ◽  
Right Of Access ◽  
The Eu

In its recent Opinion 1/17, the Court of Justice of the EU (CJEU) examined the compatibility of an external judicial body, the Investment Court System (ICS) under the EU–Canada Comprehensive and Economic Trade Agreement (CETA), with EU law. At a time when judicial independence has arisen as one of the main challenges for the rule of law in the EU, this article discusses the Court’s findings in relation to the compatibility of the ICS with the right of access to an independent and impartial tribunal.

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