scholarly journals RATIO LEGIS PRZEDAWNIENIA

2017 ◽  
Vol 6 (2) ◽  
pp. 137
Author(s):  
Tomasz Pałdyna
Keyword(s):  
Interest Rates ◽  
Rule Of Law ◽  
Common Sense ◽  
Civil Law ◽  
Common Element ◽  
Court System ◽  
The Rule Of Law ◽  
High Interest ◽  
Almost All

Ratio legis of Limitation of ClaimsSummaryA common element of the works on limitation of material claims is the analysis of its justification. This has its reasons: limitation of claims evokes serious doubts of ethical nature. It often happens that the protection is rejected to an entitled person, even in a situation when the debtor confirms his obligation, claiming at the same time the lapse of the period of prescription. Due to this, objections are formulated that limitation of claims authorises immoral behaviours, undermines the validity of law, weakens the role of law in a society, infringes the rule of law as well that it collides with a common sense of justness and the logic of the protection of exclusive rights. Notwithstanding the above limitation of claims exists in almost all civil law systems, therefore, it seems to be justifiable. The reasons for introducing this legal means into the system of civil law are discussed in this paper.The aim of limitation of claims is the protection of the defendant in the proceedings because of the difficulties with presenting evidence for a claim which came into being many years before. Retaining such claims is contrary to the interests of the court system because the proceedings initiated after many years could lead to accidental verdicts. Moreover maintaining a certain status may create its legality due to the principle of security of law. Furthermore, delayed persuing claims may be a form of earning money out of the statute interest with high interest rates, which is not desirable.The analysis presented in this paper allows a conclusion that limitation of claims has mammy functions: protective, cleansing, stabilising and animating. The proposed division is of an arranging nature as it stresses the main functions of limitation of claims and its role in trade.

Contrasting Emission Trading in the eu and China: An Exploration of the Role of the Courts

Climate Law ◽  
2016 ◽  
Vol 6 (1-2) ◽  
pp. 197-226 ◽  
Author(s):  
Marjan Peeters ◽  
Huizhen Chen ◽  
Zhiping Li
Keyword(s):  
Rule Of Law ◽  
Large Body ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
Court System ◽  
Governance System ◽  
The Rule Of Law ◽  
The Government ◽  
Trading Scheme

China and the eu have both engaged in formulating climate laws in order to contribute to a global reduction of greenhouse gas emissions. The focus of both is on emission trading. This instrument is designed and implemented according to very different political and legal systems in China and the eu. The rule of law in the eu is understood to mean that access to the judicial system for those affected by the emission-trading scheme is crucial. This can be illustrated by the emergence of a large body of case law on the issue. China, by contrast, is still in the process of building a governance system based on the rule of law, and thereby faces the challenge of setting up a court system that will act independently of a powerful government. While in the eu industries may launch a legal action in order to acquire a more profitable position on the allocation of emission allowances, in China it is still an open question whether industries covered by the emission-trading scheme will be permitted to take their case to court. How does this difference affect the functioning of the instrument in the two jurisdictions? In the eu, so far, the environmental effectiveness of the emission-trading scheme does not appear to have been negatively impacted by court proceedings initiated by industry. While the powerful role of the government in environmental protection in China could be valuable for the achievement of environmental aims, weak judicial control of governmental action could mean either a strict implementation of emission reductions or a lenient approach that tolerates a flexible, less ambitious, implementation.

The role of the English courts in alternative dispute resolution

Legal Studies ◽  
2018 ◽  
Vol 38 (4) ◽  
pp. 666-683 ◽  
Author(s):  
AKC Koo
Keyword(s):  
Case Management ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Court System ◽  
The Rule Of Law ◽  
Legal Administration ◽  
Alternative Processes ◽  
The Relationship

AbstractThe purpose of this article is to examine the interaction between the court and alternative dispute resolution (ADR) in the legal administration of civil justice. It addresses the following questions. What is the relationship between ADR and the concept of justice? How do we make sense of the anti-ADR views, in particular the serious threat to the rule of law? What role does, and should, the court play in alternative processes? It argues that integrating ADR into the court system broadens the notion of justice and its access, and that, under the rule of law, judges should play a more central role to ensure the use, quality and integrity of alternative processes. This paper extends our understanding of the relationship among justice, ADR and the court from an internal perspective. It also points out the need to expand the case management responsibilities of judges, and their delegates in the Online Court, on ADR.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

THE ROLE OF PSYCHIATRY IN THE RULE OF LAW

1974 ◽  
Vol 4 (8) ◽  
pp. 16-31
Author(s):  
Seymour Pollack
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

Anti-Corruption Legislation In Turkish Law

2007 ◽  
Vol 8 (9) ◽  
pp. 903-914 ◽  
Author(s):  
Güne Okuyucu-Ergün
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Union Member ◽  
Political Stability ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
The World ◽  
Almost All

Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

Sign in / Sign up

Export Citation Format

Share Document