scholarly journals Presiding Judge of a Garrison Military Court as the Head of a Territorial State Judicial Authority and an Organizer of Court Activities

2021 ◽  
Vol 3 ◽  
pp. 15-19
Author(s):  
Aleksandr Yu. Tuganov ◽  
Keyword(s):  
Judicial Power ◽  
Territorial State ◽  
Administration Of Justice ◽  
Justice Process ◽  
Judicial Authority ◽  
State Body

In the article, the author examines the administrative powers of the chairman of the garrison military court as the head of the territorial state body of judicial power and the organizer of the activities of the court headed by him. Also, systematic administrative powers of the Chairman of garrison military court on the basis of the classification purpose not related to the administration of justice and related to the organization of the justice process.

scholarly journals PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)

2014 ◽  
Vol 3 (3) ◽  
pp. 243
Author(s):  
Ismail Rumadan
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Reciprocal Relationship ◽  
Judicial Power ◽  
Access To Justice ◽  
Independent Judiciary ◽  
Intervention Process ◽  
Administration Of Justice ◽  
The Supreme Court ◽  
Judicial Authority

Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement

Free Expression and Judicial Power in Colombia, India, and South Africa

2020 ◽  
pp. 1-33
Author(s):  
Sandra Botero ◽  
Rachel Ellett ◽  
Thomas M. Keck ◽  
Stephan Stohler
Keyword(s):  
South Africa ◽  
Speech Acts ◽  
Original Data ◽  
Judicial Power ◽  
Free Expression ◽  
Constitutional Courts ◽  
Diverse Range ◽  
Rights Protection ◽  
Judicial Authority ◽  
Shed Light

Abstract The growth of judicial power globally has renewed scholarly debates about who benefits from increased judicial authority. Using original data, we examine the full universe of constitutional free expression decisions issued by three apex courts—in Colombia, India, and South Africa—across three categories of disputes that feature a diverse array of rights claimants. By so doing, we shed light on the limits of elite-driven accounts of judicial empowerment. We find that even where constitutional courts are empowered by elites seeking to advance their own interests, activist courts can develop a practice of rights-protection that benefits a diverse range of less powerful actors. Moreover, regardless of whether the speech claimants are elite or non-elite actors, these three apex courts regularly rule in favor of free expression for dissenting or unorthodox speech acts. In sum, where issues are peripheral to the governing regime’s core interests, relatively powerless actors are sometimes able to use legal processes to advance their rights and interests.

scholarly journals Judging the Judge in Giovanni Boccaccio’s Decameron

2016 ◽  
Vol 15 (2) ◽  
pp. 567-584
Author(s):  
Clare Sandford-Couch
Keyword(s):  
Detailed Analysis ◽  
Fourteenth Century ◽  
Public Perception ◽  
Interdisciplinary Approach ◽  
Historical Understanding ◽  
Administration Of Justice ◽  
Judicial Authority ◽  
Insight Into

Taking an interdisciplinary approach the article offers a fresh legal historical understanding of the Fifth Story of the Eighth Day in Giovanni Boccaccio’s Decameron. Detailed analysis of the tale reveals much about the realities of the administration of justice in fourteenth century Florence and contemporary expectations of those exercising judicial authority. In making apparent the expectation that judges would look and act in a certain manner, the article suggests that Boccaccio’s story can be interpreted as offering an insight into the extent to which public perception of a man’s identity as a judge was dependent upon his appearance and attire.

The oath of a judge – oath of office and judicial symbol

2021 ◽  
pp. 85-92
Author(s):  
O. Kravchuk ◽  
I. Ostashchuk
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Power ◽  
The Rule Of Law ◽  
Symbolic Action ◽  
The Supreme Court ◽  
Conscious Choice ◽  
Justice Process ◽  
The Moment ◽  
First Time

The oath of a judge as an oath of office and as an element of judicial symbolism is considered in the article. The oath of a judge belongs to the categories of oaths of office, taken by an official upon taking office. At the same time, it belongs to the judicial oaths used in the justice process and is an element of judicial symbols. The oath of a judge as an oath of office symbolizes the endowment of a judge as an official by the state (judicial) power, the moment of his acquisition of powers (it is the inauguration ceremony), and the duty of a judge as an official to perform his duties properly. The oath of a judge as a judicial symbol represents a public and solemn obligation of the judge to exercise a fair trial in all its manifestations, including: independence and impartiality of the court, adversarial proceedings, equality of arms, and the rule of law. The judge takes the oath in a solemn atmosphere in the presence of senior officials (in Ukraine – in the presence of the President of Ukraine). It is an important ritual – a symbol of giving a person judicial power. The oath itself is a symbolic action of conscious choice of responsible and impartial observance of the law in the professional functions of realization of the rule of law for the good of all people. The coronavirus pandemic has shown that gathering a large number of people in one room can be problematic, so the oath ceremony was held even outdoors. It is stated that holding a ceremony in one of the judicial bodies, for example, in the premises of the Supreme Court or (subject to quarantine restrictions) in the territory of the Supreme Court may symbolize the independence of the judiciary and each judge from other branches of power. The peculiarity of the oath of a judge in Ukraine is its one-time nature. It should be taken only by a person first appointed to the position of a judge. In case of an appointment or transfer to another court, the judge shall not take the oath again. In this aspect, the oath of a judge is similar to the oath of a civil servant, which is taken only by persons recruited for the first time.

scholarly journals Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia

2020 ◽  
Vol 48 (2) ◽  
pp. 186-213
Author(s):  
Pamela Stewart ◽  
Anita Stuhmcke
Keyword(s):  
Rule Of Law ◽  
Judicial Power ◽  
Public Confidence ◽  
High Court ◽  
The Rule Of Law ◽  
Administration Of Justice ◽  
High Court Of Australia ◽  
Substantive Law ◽  
Available Information

This article examines the application of the rule of law to special leave to appeal applications (‘SLAs’) in the High Court of Australia. SLAs are a fusion of administrative and judicial power. As an administrative tool, determinations of SLAs are a workload filter, limiting the appeals heard by the Court. As an exercise of judicial power, SLA determinations have significant impact upon the parties to litigation and the development of substantive law. Presenting the findings of data analysis of the determination of SLAs in the High Court of Australia from 2013 to 2015, we identify the loss of publicly available information brought about by changes to the High Court Rules in 2016. Using this evidence, we argue that the current administration of SLAs preferences efficiency to the detriment of public confidence in the administration of justice. We suggest facilitating the rule of law through publication of the written submissions for SLAs.

scholarly journals Sejarah Perkembangan Kekuasaan Kehakiman di Indonesia

2020 ◽  
Vol 20 (1) ◽  
pp. 320
Author(s):  
Ridham Priskap
Keyword(s):  
Judicial Power ◽  
East Indies ◽  
The Past ◽  
History Of ◽  
Dutch East Indies ◽  
Judicial Authority

Judicial power in Indonesia from the past until now still exists despite the ups and downs, the history of the development of this institution has begun long before independence, even before the Dutch East Indies were entrenched in the archipelago, this judicial authority has existed in the form of traditional justice institutions. As an institution that provides protection to the community, the judicial authority has shown its functions as the last stronghold to seek legal justice for the community.

scholarly journals Judicial Power in Latin America: a Short Survey

2015 ◽  
Vol 15 (2) ◽  
pp. 100-107 ◽  
Author(s):  
Teresa M. Miguel-Stearns
Keyword(s):  
Latin America ◽  
Legal System ◽  
Judicial Review ◽  
Common Law ◽  
Civil Law ◽  
Judicial Power ◽  
Short Survey ◽  
Legal Foundations ◽  
The Common ◽  
Judicial Authority

AbstractThis article, written by Teresa M. Miguel-Stearns, explores the vast differences in judicial authority not only between the common law and civil law traditions, but also among various countries steeped in the civil law tradition in Latin America. Judicial review, certiorari, precedent, and other functions and characteristics of the judiciaries of five distinctly different countries (Argentina, Bolivia, Brazil, Chile, and Mexico) are compared and contrasted with each other and with the common law tradition. This evaluation demonstrates that despite their, arguably, similar distant histories and legal foundations, each country has evolved into a unique legal system with significant differences in the treatment of the judiciary and its jurisprudence.

scholarly journals State Administrative Court as a Means to Realize Justice

2018 ◽  
Vol 54 ◽  
pp. 03007
Author(s):  
Weda Kupita
Keyword(s):  
Qualitative Methods ◽  
Supreme Court ◽  
Good Governance ◽  
The State ◽  
Judicial System ◽  
Judicial Power ◽  
State Administration ◽  
The Supreme Court ◽  
Judicial Authority ◽  
Laws And Regulations

The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.

scholarly journals PERANAN MAHKAMAH AGUNG DALAM PENEGAKAN HUKUM DAN KEADILAN MELALUI KEKUASAAN KEHAKIMAN

2021 ◽  
Vol 2 (02) ◽  
pp. 203-214
Author(s):  
Rinsofat Naibaho ◽  
Indra Jaya M. Hasibuan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Driving Factors ◽  
Judicial Power ◽  
Judicial Process ◽  
The Supreme Court ◽  
Judicial Authority ◽  
Law And Justice ◽  
The Guardian

Judicial power is an independent power to conduct justice and to uphold law and justice. One of the executors of the judicial power was carried out by the Supreme Court. The role of the Supreme Court as the executor of judicial power is urgently needed as a suppressor of any violation of the law, the last place is seeking truth and justice, and the guardian of citizen freedom from all forms of violations of Human Rights. This Research has a formulation of the problem what is the role of the Supreme Court in upholding law and justice and what are the driving factors and obstacles to the Supreme Court in carrying out its role throught the judicial authority. The purpose of this study is to know and understand the extent to which the independence and independence of the Supreme Court at this time, to understand the role of the Supreme Court in upholding law and justice, and to know the driving factors and obstacles of the Supreme Court in carrying out its role through judicial power. Based on the analysis carried out, it was concluded that the Supreme Court in carrying out its duties and functions has 2 (two) roles, that is as the the Supreme Court Judiciary that carries out the judicial function of making regulations to fill the vacancy in order to smooth the judicial process as a State High Institutions that carries out non-judicial functions, which includes providing legal considerations/advice to other State High Institutions.  

Sign in / Sign up

Export Citation Format

Share Document