scholarly journals Case-law of the ECtHR on the Right to an Effective Judicial Review

2021 ◽  
pp. 279-292
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
The Right

scholarly journals The Reducible Life Imprisonment Standard from a Worldwide and European Perspective

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Davide Galliani
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Judicial Review ◽  
Case Law ◽  
International Level ◽  
European Perspective ◽  
Life Imprisonment ◽  
European Court ◽  
Comparative Methodology ◽  
The Right

AbstractLife Imprisonment, unlike the death penalty, does not attract the attention of the doctrine. There are, however, significant developments in the European Court of Human Rights case law. In this paper, using a comparative methodology, we highlight the standard that, at international level, allows to consider Life Imprisonment compatible with human dignity-that is the right to a substantial judicial review. It is no longer acceptable that the ‘last word’ on the lifers’ early release is still entrusted to political power.

scholarly journals Mahkamah Konstitusi dan Hak Untuk Bebas Dari Perlakuan Diskriminasi

2016 ◽  
Vol 12 (1) ◽  
pp. 21
Author(s):  
Titon Slamet Kurnia
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Central Issue ◽  
Rational Basis ◽  
Judicial Interpretation ◽  
Legal Principles ◽  
Strict Scrutiny ◽  
The Right

Judicial interpretation of the right to be free from discrimination is a central issue in the practice of judicial review of the constitutionality of legislation by the MKRI. This article tries to describe and systematize this practice and then to restate the legal principles as it is stated by the MKRI into its case law. This article finds that, as a matter of principle, the MKRI adopts two main tests i.e. strict scrutiny and rational basis test to determine whether a legislation is contrary to the principle    of non-discrimination

scholarly journals The Right to Strike by Medical Practitioners

2020 ◽  
Vol 29 (5) ◽  
pp. 65
Author(s):  
Anna Daniluk-Jarmoniuk
Keyword(s):  
Trade Union ◽  
Judicial Review ◽  
Human Life ◽  
Case Law ◽  
Labour Law ◽  
Medical Practitioners ◽  
Legislative Action ◽  
Moral Perspective ◽  
General Clause ◽  
The Right

<p>The right to strike action is one of the fundamental human rights and trade union freedoms. Strike, as a form of protest against broadly understood injustice is one of the most important measures of trade union protection of workers’ interests. However, the right to strike is not absolute and its legal use must often take into account the interests of the employer and third parties. The aim of the article is to assess – basing on a review of the literature and the case-law – the doctors’ right to strike from a legal, ethical and moral perspective. The issue of medical practitioners’ right to participate in a strike is ambiguous in view of the legislation currently in force, and two opposing positions have developed in the collective labour law literature. The problem of the legality of this form of protest of medical practitioners is nowadays left to the assessment of the parties to a collective bargaining dispute, carried out based on the general clause of a possible “threat to human life and health or national security”, with the lack of appropriate judicial review in this regard. It is, therefore, undoubtedly necessary for the legislature to take appropriate <em>pro futuro</em> legislative action.</p>

Standards of Judicial Review of Administrative Action (1890–1910) in the German Empire

2021 ◽  
pp. 132-161
Author(s):  
Lilly Weidemann
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Short Description ◽  
German Empire ◽  
Administrative Action ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Judicial Protection

This chapter examines the administrative jurisdiction of selected states of the German Empire—Baden, Prussia, Württemberg, Bavaria, and Saxony—between 1890 and 1910. A short description of the development of administrative jurisdiction in the German Empire is followed by an overview of the courts included in the analysis and the applicable legislation. The analysed case law covers cases of exclusion of judicial protection (in particular discretionary decisions), questions of admissibility of actions, and procedural constraints. It is highlighted which procedural requirements were considered as ‘essential’ by the courts (eg the right to be heard) with the consequence that their violation would result in an annulment of the decision of the authority and which formal irregularities were deemed irrelevant.

The Judicial Review Powers of the Presidency of the International Criminal Court: Safeguards for the Protection of Human Rights

2013 ◽  
Vol 12 (3) ◽  
pp. 281-320
Author(s):  
Hirad Abtahi ◽  
Odo Ogwuma ◽  
Rebecca Young
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Rome Statute ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Human Rights Law ◽  
Protection Of Human Rights ◽  
The Right

Abstract In view of the ten-year anniversary of the entry into force of the Rome Statute, this article examines the functions of a lesser-known organ of the Court – the Presidency. Focusing particularly on judicial review by the Presidency, which is grounded in administrative and human rights law, this article provides the first comprehensive account of its jurisprudence, depicting a dynamic and developing case law which embraces a wide variety of sources of international law. This article addresses the protection of fundamental human rights by analysing the decisions of the Presidency in the context of the detention of suspects, accused and detained witnesses, as well as the right to a fair trial with regard to the suspect and/or accused and victims’ representation.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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