scholarly journals Kohtunike valiku kriteeriumid Eesti Vabariigis 1934–1940 [Abstract: Selection criteria of judges in Estonia 1934–1940]

2018 ◽  
pp. 363
Author(s):  
Hannes Vallikivi
Keyword(s):  
Supreme Court ◽  
Selection Criteria ◽  
Selection Process ◽  
Ethnic Origin ◽  
Head Of State ◽  
Political Views ◽  
The Supreme Court ◽  
The Republic ◽  
Estonian Language ◽  
Selection Of

Criteria for the selection of judges should be objective and the selection process should be transparent in order to secure the independence of the judiciary. It would be natural to assume that the authoritarian governance in Estonia from 1934 to 1940 affected the independence of the judiciary. The article discusses criteria that were applied to the selection of judges during that period, how objective the criteria were and how transparent the selection process was. In 1934, there were 166 judges and investigating judges in three levels of the civilian courts in Estonia. This figure increased to 176 by the summer of 1940. There were close to 170 vacancies for judicial offices during the researched 6.5-year period. The process of application for vacancies, review of applications, and selection of candidates for appointment was prescribed by law and Supreme Court regulations. Judges were appointed by the head of state (the Prime Minister, later the President of the Republic). The head of state had a choice between two candidates (three from April of 1938) selected by the plenary of the Supreme Court. From 1938 onward, the President of the Republic could request up to three additional candidates. Before selecting the candidates, the Supreme Court consulted with lower courts and reviewed opinions given by the plenary of either the Court of Appeal or Circuit Courts. The process of selection was generally well documented. In around 80 per cent of cases, the head of state in 1933–40, Konstantin Päts, chose the first name on the list. In cases when he selected the second or third candidate, he did not explain his choice. There was an average of 6.4 candidates per vacancy during the researched period. The option introduced in 1938 of choosing from up to six candidates theoretically gave the executive branch the opportunity to select almost any applicant for the vacancy. In practice, Konstantin Päts required additional candidates only once, in January of 1940. Candidates had to meet several written and unwritten criteria. The law prescribed that Estonian citizens at least 25 years old with higher legal education could stand as candidates. Previous experience as a judge, prosecutor or lawyer ranging from four to ten years was required in most cases, and candidates had to have a clean criminal and personal solvency record. Unwritten criteria derived from the nature of the work of judges and from the text of the judicial oath. The latter required honesty, impartiality and loyalty to the Constitution. The unwritten criteria related to the qualifications, skills and capacity of the candidates (such as diligence, social communication skills, independence, addictions, health condition, Estonian language skills and even academic achievements) or to their integrity. In the selection process, all the unwritten criteria were applied. When a judge applying for a vacancy had some issues with the criteria (e.g. was deemed too slow or ineffective, not independent enough, or not smooth enough in communication), his progress was usually slower. Nevertheless, judges were always preferred over external applicants, with the exception of prosecutors. Prosecutors and judges had equal opportunities to be selected, while lawyers and notaries were left aside in the selection process. The ethnic origin or political views of the applicants were sometimes reviewed, but they did not play a major role in the selection process. Few ethnically non-Estonian judges (Russians or Germans) were turned down because of their weak Estonian language skills. As the research period begins with the coup staged in 1934 by Konstantin Päts and his allies against the League of Veterans’ of the Estonian War of Independence, the fate of judges who supported the League is of special interest. League members expelled from the judiciary or preparatory service of the judiciary were never selected. However, judges who were once members or supporters of the League, were selected and appointed to higher posts. In summary, the applied selection criteria were generally objective and there was no discrimination on grounds of ethnic origin or political views of judges applying for vacancies. While the selection process was transparent, the appointment of judges (i.e. selection from among the last 2–3 candidates by the head of state) was not.

Kazakstan's Political Transformation since 1991

1998 ◽  
Vol 26 (3) ◽  
pp. 545-555 ◽  
Author(s):  
Zhanylzhan Dzhunusova
Keyword(s):  
Supreme Court ◽  
Constitutional Court ◽  
Political Transformation ◽  
Human Beings ◽  
Legislative Body ◽  
Head Of State ◽  
The Supreme Court ◽  
The Status ◽  
The Republic ◽  
And Function

According to the 1993 Constitution, the Republic of Kazakstan was proclaimed as a democratic, secular, and unitary state. Human beings, their life, freedom, and inherent rights were granted the status of supreme value. A presidential republic as a form of government arose from the functions of the head of state and executive. The supreme legislative body, a one-chamber parliament (Supreme Soviet), preserved remnants of the old Soviet state system in name and function, denying the principle of the division of power. The Supreme Soviet was the only legislative and higher representative body that did not correspond to its legislative function, since that implied a hierarchical power structure. As the only legislative body, parliament could not have subordinate structures. According to the Constitution, the Supreme Soviet issued laws, controlled the observance of laws, and made formal interpretations of laws. This contradicted the power-division principle, according to which it should be the legislative body only. Judicial power in the republic in accordance with the 1993 Constitution belonged to the Constitutional Court, the Supreme Court, and the Supreme Court of Arbitration, which was to be elected by the Supreme Soviet. But this also contradicted the power-division principle.

Douglas of the Supreme Court: A Selection of His Opinions

1960 ◽  
Vol 73 (5) ◽  
pp. 1040
Author(s):  
Vern Countryman
Keyword(s):  
Supreme Court ◽  
The Supreme Court ◽  
Selection Of

scholarly journals The Non-Professional Judge as a Component of Civic Culture in Poland

2020 ◽  
Vol 65 (1) ◽  
pp. 121-132
Author(s):  
Dariusz Kużelewski
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
Civic Culture ◽  
Gradual Reduction ◽  
The Supreme Court ◽  
Polish Law ◽  
Justice Of The Peace ◽  
Selection Of

Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari

2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Basic Method ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Basic Characteristics ◽  
The Right

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.

scholarly journals Selection of the most adequate trip-modelling tool for integrated transport planning system

2016 ◽  
Vol 37 (1) ◽  
pp. 55-66 ◽  
Author(s):  
Piotr Sawicki ◽  
Marcin Kiciński ◽  
Szymon Fierek
Keyword(s):  
Selection Criteria ◽  
Selection Process ◽  
Regional Scale ◽  
Selection Procedure ◽  
Planning System ◽  
Second Phase ◽  
Transport Planning ◽  
Phase Selection ◽  
Technical Requirements ◽  
Selection Of

This paper deals with the problem of selection the most suitable trip-modelling tool (TMT), which is a part of the more complex integrated transport planning system (ITPS) at the regional scale. Since an application of TMT is not autonomous and several different users exist the selection problem is not a trivial. In this paper, an original five-phase selection procedure is presented. The first phase consists in specifica¬tion of both, detailed expectations of all identified users and technical requirements of ITPS. Second phase deals with research on available TMT while a third one is concentrated on defining a comprehensive set of criteria. In this phase critical criteria as well as selection criteria are defined. First one is utilised to eliminate unacceptable TMTs in phase four and second one to evaluate and select most adequate TMT in phase five. In the paper an exemplary application of this procedure is presented. The authors have defined 2 critical criteria and a set of 19 selection criteria. The last one is divided into 3 main subsets, i.e. functional, technical and financial contexts of selection process. All the selection criteria are characterised by 43 sub-criteria and some of them are more detailed extended. Using this procedure 3 out of 6 alternative TMTs including Emme, Aimsun and Visum have been initially accepted and next evaluated. Finally, Visum has been selected and recommended for application into ITPS.

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

Evolution of the Roman Republican Senate: Composition, Election, and Judicial functions (Part 1)

2021 ◽  
pp. 62-77
Author(s):  
L. L. Kofanov ◽  
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
Significant Part ◽  
Supreme Council ◽  
The Supreme Court ◽  
The World ◽  
Judicial Authority ◽  
The Republic ◽  
The Relationship ◽  
Gradual Transformation

The paper deals with the Roman senatus in the period from 5th to 3rd century BC, from the point of view of its composition, completion and selected competences. As to its composition, in the most arcaic times of the Roman state, the senate was an assembly of the heads of clans (patres gentium), who represented the ideas of patricians. The autor presents gradual transformation of the composition of the senate and switch towards the inclusion of the plebeians. It describes also the process of the cooptation of the members, rules of which incurred fundamental changes from the hereditary principles to the regulation given by statutes. A significant part of the article is devoted to the judicial functions of the Senate and the relationship between the iudicium senatus and the iudicium populi, the transformation of the Senate court from a regional body to the highest, global court of the entire Mediterranean. It’s noted that if the original Roman Senate de iure was the judicial authority only one of the Latin Confederation, later after 338 BC, it becomes the Supreme court of the Latin Union, and by the end of the Republic is transformed into the «Supreme Council of the world».

Repeat Litigators and Agenda Setting on the Supreme Court of Canada

2002 ◽  
Vol 35 (4) ◽  
pp. 811-833 ◽  
Author(s):  
Roy B. Flemming ◽  
Glen S. Krutz
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Statistical Models ◽  
Comparative Research ◽  
The United States ◽  
Supreme Court Of Canada ◽  
High Courts ◽  
The Supreme Court ◽  
Selection Of

The expanding public policy role of high courts heightens concerns over whether societal and political inequalities affect the outcomes of litigation. However, comparative research on this question is limited. This article assesses whether status inequalities between parties and differences in the experience and resources of attorneys influence the selection of cases for judicial review in the Supreme Court of Canada. A series of statistical models reveal that governments are more likely than other parties to influence whether leave is granted but that the experience and resources of lawyers, unlike in the United States, have little impact. The decentralized, low volume and high access features of the Canadian process may explain this finding.

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