scholarly journals PERAN PLENO KAMAR AGAMA MAHKAMAH AGUNG DALAM MENCAPAI TUJUAN PERUNDANG-UNDANGAN KELUARGA INDONESIA

2020 ◽  
Vol 8 (2) ◽  
pp. 311-332
Author(s):  
Khiyaroh Khiyaroh
Keyword(s):  
Supreme Court ◽  
Family Law ◽  
Marriage Law ◽  
Plenary Meeting ◽  
Legal Principles ◽  
Legal Rules ◽  
Library Research ◽  
State Administration ◽  
The Supreme Court

The Plenary Meeting of the Supreme Court is a system established to maintain the unity of the application of the law and the consistency of the judge's decision. This system is carried out every year and starts in 2011. In the plenary meeting of the Supreme Court there is a division of rooms according to the abilities of each judge divided into five rooms. Namely the criminal chamber, civil chamber, state administration room, religious chamber, and military room. In the case of the plenary chambers of religion there are a number of things that are regulated every year and there are some rules that have been reformulated. With the existence of the plenary chamber of the Supreme Court of Religion, the rules in it partly reflect the purpose of family law legislation. But there are rules that are actually on the contrary to the goals of family law legislation. This paper aims to find out how the role of SEMA as a result of the Plenary Meeting of the Supreme Court of the Supreme Court has been in accordance with the objectives of Law No.1 of 1974 concerning marriage. This research is a library research with a juridical approach by looking at the legal rules and legal principles, and is analytic descriptive. The results obtained are the rules in the SEMA as the results of the plenary meeting of religious chambers are not all in line with the objectives of the Indonesian marriage law.  Keywords: Supreme Court, Plenary Chamber, Purpose of Family Law.

scholarly journals The highest courts’ activities as a factor establishing precedent in the capacity of a source of Ukrainian law

2020 ◽  
pp. 365-369
Author(s):  
Vasyl Nepyivoda ◽  
Ivanna Nepyivoda
Keyword(s):  
Supreme Court ◽  
Constitutional Court ◽  
Stare Decisis ◽  
Legal Rules ◽  
National Courts ◽  
European Court ◽  
The Supreme Court ◽  
State Of Affairs ◽  
Obiter Dictum

The Ukrainian legislation does not apply the term «precedent». It is understandable for the legal system of the Romano-Germanic family. However, judicial precedents serve as de facto source of Ukrainian law. Activities of the highest judicial institutions, the European Court of Human Rights (ECtHR), the Constitutional Court of Ukraine and the Supreme Court, providing guidelines on application of particular legal rules are principal contributors for this state of affairs. The paper provides an overview of such activities in order to evaluate the process and its prospects. Covering the ECtHR activities, it is noted that the key elements of precedent law, such as application of stare decisis doctrine, ratio decidendi and obiter dictum components in decisions, are available there. Ukrainian courts are obliged by the statutes to apply ECtHR judgements and decisions in their own cases. Hence, the judicial precedents created by the ECtHR are the source of Ukrainian law. This discussion is followed by an analysis of the Constitutional Court of Ukraine decisions. It is concluded that been interpretative precedents they serve as a source of law as well. The third institution under examination, the Supreme Court, is empowered, inter alia, to formulate in its rulings guidelines for the application of law in a variety of situations. Since such rules are binding on the courts and other authorities, they have inherent features of the precedents and should be considered as a source of law. The article summarizes that Ukraine falls within the continental Europe’s general trend. It implies the significant growth of the role of the European and national courts as a rule-making institutions resulting in reinforcement of the precedent as a source of law and its formalization in terms of the civil law jurisdictions. In general, such process allowing prompt adaptation to the contemporary realities is positive. To facilitate it, the term «precedent» have to be introduced into the practical area. In particular, the role of judicial precedent as a source of law should be reflected in the Ukrainian procedural legislation.

scholarly journals The Interaction of the Parliament and the Judiciary of the Russian Federation

2020 ◽  
pp. 258-264
Author(s):  
Alexey S. Koshel ◽  
◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Russian Empire ◽  
The State ◽  
Legal Rules ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Russian Empire

The article discusses the constitutional problems of consolidation, implementation and improvement of the mechanism of interaction between the parliament and higher courts in parliamentary procedures. The research methods are analysis, synthesis, normative (formal-logical), and historical-legal. The key aim of the study is to identify a mechanism for ensuring the control function of the parliament to control the implementation in the Russian Federation of laws adopted by the Federal Assembly of the Russian Federation. The author came to the following conclusions. In recent years, the higher courts of the Russian Federation have been more actively involved in the work on improving legislation in various ways. At the same time, in his annual address to the Federal Assembly on January 15, 2020, President of Russia Vladimir Putin outlined proposals to strengthen the role of the Constitutional Court of the Russian Federation in the legislative process. Since 2008, a trend has been outlined in Russia to strengthen the control powers of the parliament. One of the most important control powers of the Russian Federal Assembly, fixed in the Federal Law “On Parliamentary Control”, is, in the author’s opinion, the study of the application of laws (legal monitoring), the development of proposals for their improvement. However, along with the annual reports of the General Prosecutor of the Russian Federation at the Federation Council regarding effectiveness of legislation, it is seen necessary to oblige the Supreme Court of the Russian Federation to present reports on judicial practice in the State Duma. The Supreme Court, realizing the constitutional function of summarizing the judicial practice of the courts of the Russian Federation and developing a uniform interpretation of the norms of the law, often quite independently eliminates legal gaps, sometimes developing new legal rules, which is not fully consistent with the doctrine of separation of powers in continental law systems. Such new rules are developed within the framework of not only procedural law, but also substantive (civil and criminal) law. In fairness, it is worth noting that this is not a modern trend, it is the Russian practice that has developed over centuries: the Senate of the Russian Empire, being the highest court, developed new legal rules long before the legislator. All this, of course, does not fully correspond to the role of the court in the continental legal system. However, the same Senate of the Russian Empire, in accordance with the decree of Emperor Alexander I, also had the right to inform the emperor of the need to improve legislation. In this regard, taking into account the historical parallel, the author comes to the conclusion that there is an urgent need for Russia to introduce the annual practice of the Supreme Court’s reports to the State Duma as part of the parliamentary legal monitoring of legal gaps and conflicts identified by the Supreme Court when summarizing judicial practice, with its proposals for improving legislation.

scholarly journals A Practitioner’s Guide to Spousal Support in Divorce Proceedings

2019 ◽  
Vol 19 (4) ◽  
pp. 701-734
Author(s):  
Julien D. Payne
Keyword(s):  
Supreme Court ◽  
Child Support ◽  
Family Law ◽  
Spousal Support ◽  
Legal Issues ◽  
Theory And Practice ◽  
Supreme Court Of Canada ◽  
Philosophical Approach ◽  
The Supreme Court

The objective of this paper is to alert Bench and Bar to the cutting edge of tomorrow’s arguments in Family Law. The dichotomy between law in theory and law in action is underlined, and practical hints are offered to lawyers concerning the proper management of a family law file. Substantive legal issues are also addressed with specific regard to current controversies concerning spousal support orders under the Divorce Act, 1985, (S.C. 1986, c. 4). The popular notion that this Act introduced only cosmetic changes is challenged and the significance of the rulings of the Supreme Court of Canada in Pelech, Richardson and Caron is addressed in some detail. Particular attention is paid to the effect of prior agreements on spousal and child support claims under the new Divorce Act. The conduct of the parties is viewed from a realistic as well as a doctrinal perspective and the role of fixed term spousal support orders is briefly analysed. The blending of theory and practice should prove that there is much to be said for the proposition that “each case depends on its own facts” and one of these facts is the philosophical approach of the particular judge to marriage, divorce and ongoing spousal support after the judicial termination of marriage.

The Role of the Supreme Court in American Government and Politics, 1789-1835

1944 ◽  
Vol 44 (6) ◽  
pp. 940
Author(s):  
Everett S. Brown ◽  
Charles Grove Haines
Keyword(s):  
Supreme Court ◽  
American Government ◽  
The Supreme Court

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

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