scholarly journals STUDY OF THE ITALIAN ADMINISTRATIVE SYSTEM

2020 ◽  
Vol 3 (49) ◽  
pp. 55-60
Author(s):  
Yevgeniia Syta ◽  
◽  
Ilona Babska ◽  
Keyword(s):  
Judicial System ◽  
Judicial Power ◽  
Legal Basis ◽  
Administrative System ◽  
Legal Doctrine ◽  
Administrative Justice

The article considers the peculiarities of the organization of judicial power in Italy. Considerable attention is paid to the concept of administrative justice according to foreign legal doctrine. The legal basis of the activities of administrative justice bodies in Italy was analyzed, the structure of administrative justice bodies and their main powers were revealed. The conclusion defines the place of administrative justice bodies in the Italian judicial system.

scholarly journals ADMINISTRATIVE JUSTICE IN THE JUDICIARY OF ITALY

2019 ◽  
Vol 7 (1) ◽  
pp. 51-55
Author(s):  
Виктория Малиновская ◽  
Viktoriya Malinovskaya
Keyword(s):  
Judicial System ◽  
Legal Basis ◽  
Legal Doctrine ◽  
Administrative Justice

The article discusses the features of the organization of the judiciary in Italy. The author gives the concept of administrative justice according to the foreign legal doctrine. The article describes the legal basis of the activity of administrative justice bodies in Italy, reveals the structure of administrative justice bodies and their main powers. The opinion defines the place of administrative justice in the Italian judicial system.

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.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

scholarly journals The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors

2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Judicial Power ◽  
District Court ◽  
Legal Basis ◽  
Police Intervention ◽  
The Public ◽  
Positive Law ◽  
The North ◽  
Criminal Charge

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.

scholarly journals Role and Place of Higher Specialized Courts in the Judicial System of Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 250-257
Author(s):  
V. V. Chumak
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Documents ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Definition Of

The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”. The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity. In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents. It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court. It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.

scholarly journals SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 27-62
Author(s):  
Ihat Subihat
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Judicial System ◽  
Judicial Power ◽  
Military Justice ◽  
Legal Structure ◽  
Library Studies ◽  
The Republic ◽  
The Government

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics

2021 ◽  
pp. 373-387
Author(s):  
Valentina M. Bolshakova
Keyword(s):  
Social Activity ◽  
Legal Framework ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Proceedings ◽  
Social Trends ◽  
The Subject ◽  
Judicial Protection

The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.

The South Confronts the Court: The Southern Manifesto of 1956

2008 ◽  
Vol 20 (1) ◽  
pp. 126-142 ◽  
Author(s):  
Anthony Badger
Keyword(s):  
North Carolina ◽  
South Carolina ◽  
Supreme Court ◽  
Use Of Force ◽  
Judicial Power ◽  
Legal Basis ◽  
The South ◽  
The Supreme Court

On Monday, March 12, Georgia's senior senator, Walter George, rose in the Senate to read a manifesto blasting the Supreme Court. The Manifesto condemned the “unwarranted decision” of the Court in Brown as a “clear abuse of judicial power” in which the Court “with no legal basis for such action, undertook to exercise their naked judicial power and substituted their personal political and social ideas for the established law of the land.” The signers pledged themselves “to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation.” It was signed by nineteen of the twenty-two southern senators, by every member of the congressional delegations from Alabama, Arkansas, Louisiana, Mississippi, South Carolina, and Virginia, by all but one of the representatives from Florida, all but one from Tennessee, all but three from North Carolina, and half of the Texas delegation.

Why Aren't Women Sharī'a Court Judges? The Case of Syria

2010 ◽  
Vol 17 (2) ◽  
pp. 185-214 ◽  
Author(s):  
Monique Cardinal
Keyword(s):  
Judicial Power ◽  
Legal Doctrine ◽  
Religious Texts ◽  
Court Judge ◽  
Religious Law ◽  
Personal Status

AbstractWomen make up 14% of the judiciary in Syria and work at all levels of the ordinary courts, both civil and criminal. However, they do not hold office in the personal status courts, special courts that apply codified religious law. This essay presents all opinions, both majority and minority, that explain the legal and social reasons for the non-appointment of women to the Muslim personal status courts known as sharī'a courts. I discuss how religious texts and classical Islamic legal doctrine are used today to undermine women's judicial power and oppose their appointment to the ordinary courts. If a woman cannot act as a sharī'a court judge, then who can? I attempt to answer this all-important question within the Syrian context. The main source of data is interviews conducted with eighty judges and public prosecutors of Damascus and Aleppo between May 2004 and July 2007.

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