Inside the Judicial Mind: Exploring Judicial Methodology in the Mixed Legal System of Quebec

2013 ◽  
pp. 1-20 ◽  
Author(s):  
Rosalie Jukier
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Influential Factors ◽  
Institutional Setting ◽  
Supreme Court Of Canada ◽  
Civil Justice ◽  
Procedural Law ◽  
The Supreme Court ◽  
Civil Justice System

This article explores judicial methodology in the mixed legal system of Quebec and examines, in particular, how the nature of its legal system as a mixed legal system influences the judicial methodology of its judges, especially with respect to the de facto use of precedent. Features of the mixity, including the institutional setting of Quebec courts as courts of inherent jurisdiction, the nature of Quebec’s civil justice system and procedural law, as well as the judicial role and the effect of a supreme precedential authority (in the Supreme Court of Canada) are examined in turn as influential factors.

scholarly journals A Triumph of Liberalism: The Supreme Court of Canada and the Exclusion of Evidence

1969 ◽  
pp. 299 ◽  
Author(s):  
Julianne Parfett
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Supreme Court Of Canada ◽  
Causal Connection ◽  
The Supreme Court ◽  
The Common ◽  
The Cost

The common law has historically defined self- incrimination narrowly. Using Packer's models of the criminal justice system as a framework, the article examines the Supreme Court of Canada's interpretations of s. 24(2) of the Charter. The Court has expanded the definitions of both self incrimination and remoteness. The author argues that s. 24(2) has ceased to be a remedy requiring the balancing of interests and has become a quasi- automatic rule of exclusion, which promotes individual rights at the cost of victim's rights. Further, in the Court's zeal to protect the integrity of the system, there is no allowance made for the seriousness of the breach, the consequences of the exclusion, or the causal connection between the breach and any evidence obtained. The author argues that this has resulted in a justice system more concerned with police behaviour than with the pursuit of truth. Instead, either the exclusionary rule must be used to foster a balance of individual and communitarian rights, or other more imaginative remedies should be crafted from s. 24(2) to protect the integrity of the legal system.

scholarly journals The 2010 Amendments and Hryniak v Mauldin: The Perspective of the Lawyers Who Have Lived Them

2020 ◽  
Vol 37 ◽  
pp. 21-67
Author(s):  
Gerard J. Kennedy
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
Civil Justice ◽  
Procedural Law ◽  
Culture Shift

Through a survey of 90 lawyers with litigation experience, the author sought to determine the effects of recent amendments to Ontario procedural law [2010 Amendments] and a leading Supreme Court of Canada case [Hryniak] interpreting those amendments. The results were mixed. Most respondents viewed Hryniak and the 2010 Amendments as, overall, positive. But this was hardly a unanimous view. While Hryniak has certainly had effects, most respondents viewed the effectiveness of Hryniak and the 2010 Amendments to be limited, as other factors have intervened or remained as access to justice obstacles. While there was some perception that a culture shift has begun to emerge, the extent of that culture shift has been restricted. The responses did not lack all hope, but they ultimately suggest that the battle for access to civil justice must continue to be waged on multiple fronts.

English Legal System Concentrate

2020 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Case Law ◽  
Civil Justice ◽  
Essential Information ◽  
Domestic Legislation ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.

scholarly journals Environmental Dispute Resolution Through Class Action Lawsuit

2020 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
K. Tjukup ◽  
P.R. A. Potra ◽  
P.A.H. Martana
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Legal System ◽  
Active Role ◽  
The United States ◽  
Civil Procedure ◽  
Class Action ◽  
Legal Concept ◽  
Procedural Law ◽  
The Supreme Court

The procedural  law  of Class Action  is  a legal  concept  known  in  the Anglo-Saxon  legal  system  (Common  Law). Whilst  this  concept  is  not  recognised   in  the  Continental  European  legal  system  (Civil  Law),  likewise  in  Indonesian  civil procedure  that based on Herzien Inlandsch Reglement (H.I.R) and Rechtsreglement  voor de Buitengewesten  (RBg). Initially, the procedural  law of class action in Indonesian  legal  system was arranged consecutively under Law No. 23 of 1997  (Environmental Protection  Law), Law No.  8  of  1999  on Consumer Protection  and Law No. 41 of  1999  on Forestry.  The arrangement  of class action lawsuit  in the substantive  law was inspired by the recognition  of class action lawsuit  in the United  States through Article 23 of the US Federal  Rule of Civil Procedure  prescribing  that the requirements  for filing class action  lawsuit are as follows: numerosity,  commonality, typicality,  and adequacy of representation.  In Indonesia there is no procedural  law setting out the class action  lawsuit,  thus  Supreme  Court  Regulation   No.   1      of  2002  was  enacted.  The  replacement   of Law  No.  23  of  1997 (Environmental  Protection Law) by Law No. 32 of 2009 (Environmental  Protection and Management Law) allows the application of the class action with reference to this Supreme Court Regulation.  The arrangement of class action lawsuit in the Supreme Court Regulation No.  1    of 2002 still  encounters many challenges in its application.  The initial process i.e. certification  is very decisive whether the lawsuit  can be accepted  or is  qualified  as a class action lawsuit. In conjunction with this, the judges'  active role is very  important  whilst  waiting  for a specific  and adequate  legislation  to establish  the class action  procedure.  Meanwhilst,  the judges  are supposed to patch up the Supreme Court Regulation No. 1   of 2002.  Keywords:  Environmental Disputes, Procedural Law,  Class Action Lawsuit

scholarly journals The Drawbacks of Judicial Pluralism in the Administration of Justice

ICR Journal ◽  
2017 ◽  
Vol 8 (4) ◽  
pp. 539-542
Author(s):  
Ilham Ramli
Keyword(s):  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Legal Pluralism ◽  
Civil Justice ◽  
Colonial Legacy ◽  
Federal Constitution ◽  
Administration Of Justice ◽  
Civil Justice System ◽  
Legal Centralism

Legal pluralism in Malaysia has been traditionally a colonial legacy. Legal pluralism not only posits the existence of multiple legal spheres in the same social field but develops certain suppositions concerning the relationships and interaction between them. One area in which there is apparently interesting interaction is in the administration of justice. Whilst legal pluralism may be celebrated because it moves away from the pre-occupation with legal centralism, society cannot afford to have a justice system that is in disarray. This is indeed the case in Malaysia where a common law tradition and civil justice system seem to be at odds with the strong element of religion in the constitution. For more than 50 years, the Malaysian legal system has had to grapple with the ongoing and seemingly endless conflict of judicial authority between the civil and Syariah courts. Syariah courts in Malaysia are exclusively empowered to hear and dispose of cases among Muslims on subject matters enumerated in the first item of List II of the Ninth Schedule of the Federal Constitution.

scholarly journals Directing Traffic at the Crossroads of Criminal Justice and Mental Health: Conditional Sentencing after the Judgment in Knoblauch

1969 ◽  
pp. 788
Author(s):  
Julian V. Roberts ◽  
Simon Verdun-Jones
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Mental Disorders ◽  
Supreme Court ◽  
Criminal Justice System ◽  
Justice System ◽  
Supreme Court Of Canada ◽  
Mentally Disordered Offenders ◽  
Mentally Disordered ◽  
The Supreme Court

The issue of conditional sentencing in relation to mentally disordered offenders was recently addressed by the Supreme Court of Canada in R. v. Knoblauch. This article examines the context in which the Knoblauch decision was made by reviewing the incidence of mental disorders in correctional populations and the criminal justice system s response. The authors explore Knoblauch's implications on the conditional sentencing regime as a whole and its use as a sentencing tool for dealing with mentally disordered offenders.

scholarly journals Invalidity and Retrospectivity under the Irish and Canadian Constitutions

2011 ◽  
Vol 15 (1, 2 & 3) ◽  
pp. 2006
Author(s):  
Ailbhe O'Neill
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Early Stage ◽  
Common Law ◽  
Supreme Court Of Canada ◽  
Constitutional Interpretation ◽  
Temporal Effect ◽  
The Supreme Court

The question of the temporal effect of a finding that a statute is unconstitutional has arisen in a number of common law jurisdictions. In any legal system that allows its superior courts to strike down legislation, certain practical problems will inevitably emerge. This article explains this aspect of Irish constitutional interpretation and compares the manner in which these difficulties have been addressed under the Canadian and Irish constitutions. It notes that the Supreme Court of Canada was required to address these practical problems directly at an early stage and thus developed a more doctrinally coherent approach to findings of constitutional invalidity than the Irish Supreme Court. The article goes on to analyze a recent decision of the Irish Supreme Court that has highlighted the difficulties with the approach adopted in that legal system and concludes with some reflections on the relative merits of the Canadian approach to findings of invalidity.

scholarly journals Access Denied? Inconsistent Jurisprudence on the Open Court Principle and Media Access to Exhibits in Canadian Criminal Cases

2011 ◽  
Vol 49 (1) ◽  
pp. 177 ◽  
Author(s):  
Dana Adams
Keyword(s):  
Supreme Court ◽  
Historical Development ◽  
Justice System ◽  
Supreme Court Of Canada ◽  
Media Access ◽  
Criminal Cases ◽  
Open Court ◽  
The Supreme Court ◽  
Central Tenet ◽  
Definition Of

The open court principle is a central tenet of the Canadian justice system. However, in cases involving media access to exhibits entered in court, the courts have been neither clear nor consistent in their interpretation and application of the open court principle. This article discusses the historical development of the open court principle and the definition of an “open court” today. The author proposes that the Supreme Court of Canada should clarify that the open court principle extends to access to exhibits and re-articulate the Dagenais/Mentuck test in order to resolve the inconsistencies regarding the open court principle.

English Legal System Concentrate

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Case Law ◽  
Civil Justice ◽  
Essential Information ◽  
Domestic Legislation ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that it looks at funding access to the ELS. Finally, it looks to the future of the ELS.

scholarly journals KAJIAN TENTANG RELEVANSI PERADILAN ADAT TERHADAP SISTEM PERADILAN PERDATA INDONESIA

2015 ◽  
Vol 27 (1) ◽  
pp. 57
Author(s):  
Tody Sasmitha Jiwa Utama ◽  
Sandra Dini Febri Aristya
Keyword(s):  
Legal System ◽  
Justice System ◽  
Judicial System ◽  
Private Sphere ◽  
Court Decisions ◽  
Civil Justice ◽  
Judicial Authority ◽  
The Law ◽  
Civil Cases ◽  
Civil Justice System

The position of adat court in Indonesia civil legal system has a long history. Distinction of public or private sphere would appear when adat court decisions in contact with national judicial system. Interaction between both systems isn’t ideal, either at the level of norms and practices. Unification policy of judiciary institution is one cause which make adat court was forgotten. Although the Judicial Authority Law opens possibility of resolving civil cases by agreement based mechanism, it requires the various perspectives both of legal-normative regarding the existence of adat court and the law implementation prespective regarding Indonesian civil justice system. Kedudukan peradilan adat dalam sistem peradilan perdata nasional memiliki sejarah panjang. Pembedaan ranah publik or privat muncul ketika putusan pengadilan adat bersentuhan dengan ranah sistem peradilan nasional. Hingga saat ini, interaksi antara keduanya belum ideal, baik pada tataran norma maupun praktek. Kebijakan  unifikasi  badan  peradilan  menjadi  salah  satu  penyebab  peradilan  adat  lambat  laun  mulai ditinggalkan. Undang-Undang Kekuasaan Kehakiman membuka kemungkinan upaya penyelesaian perkara perdata secara perdamaian sebagaisemangat yang termanifestasi dalam sistem peradilan perdata. Oleh sebab itu, perlu dikaji dari sisi legal-normatif mengenai keberadaan pengadilan adat dan secara empiris melalui implementasi aturan tersebut dalam sistem peradilan perdata Indonesia.

Sign in / Sign up

Export Citation Format

Share Document