scholarly journals El precedente de la Corte Suprema de Justicia de la Nación Argentina

2020 ◽  
Vol 1 (2) ◽  
pp. 585-626
Author(s):  
Florencia Ratti
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Judicial Decisions

This paper deals with precedent in the Argentine Supreme Court by describing how it works both vertically and horizontally. It explains the current doctrine of precedent the Court develo-ped through its case law and analyses its workability in some recent cases. Finally, it examines some necessary techniques related to a proper use of precedent, such as the acknowledgment of the material facts, the structure and clarity of judicial decisions, its publication, and the identification of legitimate (and illegitimate or, at least, questionable) factors of overruling.

scholarly journals SENTENCING FOR THE OFFENSE OF FALSE TESTIMONY IN THE LIGHT OF JUDICIAL DECISIONS

Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 31-63
Author(s):  
Izabela Urbaniak-Mastalerz
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Current Case ◽  
Judicial Decisions ◽  
Starting Point ◽  
The Supreme Court ◽  
The Law

The study presents the problems of courts, in the case of sentencing for crimes of false testimony in the light of judicial decisions. The article is, therefore, a presentation of issued decisions of common courts and the Supreme Court in the scope of this off ense, indicating the changes made to the law. The author will attempt to resolve the problem of the circumstances in which a false testimony is sentenced for as an off ence, given the current case-law of the Supreme Court and common courts. The conclusions of the discussed principles of sentencing for this crime (based on available statistics), will be the starting point for the assessment.

scholarly journals Models of Disability and Their Influence on Judicial Decisions: A Preliminary Approach from the Perspective of the Spanish Case Law

2020 ◽  
Vol 29 (3) ◽  
pp. 173
Author(s):  
Antonio-Luis Martínez-Pujalte
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Social Model ◽  
Future Research ◽  
Persons With Disabilities ◽  
Judicial Decisions ◽  
Models Of Disability ◽  
The Social

<p>The purpose of this article is to show the influence on judicial decisions of the approach to disability embedded in the person’s mentality. A brief introduction to the different paradigms of disability is previously provided, distinguishing mainly between the medical and the social model, and noting that the latter has been incorporated by the Convention on the Rights of Persons with Disabilities. The analysis of two recent decisions of the Spanish Supreme Court illustrates the influence of the different models of disability on legal judgements. Finally, some conclusions from this analysis are suggested, which can mark a path for future research.</p>

The ADA and Disability Accommodations

2003 ◽  
Vol 32 (1) ◽  
pp. 143-154 ◽  
Author(s):  
Suzanne M. Crampton ◽  
John W. Hodge
Keyword(s):  
Supreme Court ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Employment Opportunities ◽  
Judicial Decisions ◽  
Equal Employment ◽  
The U.S ◽  
Over Time ◽  
Employer Responsibilities

The Americans with Disabilities Act (ADA) was designed to promote equal employment opportunities for handicapped individuals in the workplace. The law mandates that employers reasonably accommodate individuals with disabilities who are qualified to perform the job. However, employers are exempted from this requirement if the reasonable accommodation results in an undue hardship for the organization. The legal definitions of reasonable accommodation and undue hardship have evolved over time due to case law resulting from judicial decisions. This paper will review recent decisions by the U.S. Supreme Court and their effect on employer responsibilities under the ADA. Suggestions will be provided as to policies organizations could follow to respond to these requirements.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

scholarly journals Informal networks and judicial decisions: Insights from the Supreme Court of the Philippines, 1986–2015

2018 ◽  
Vol 39 (5) ◽  
pp. 616-633 ◽  
Author(s):  
Björn Dressel ◽  
Tomoo Inoue
Keyword(s):  
Supreme Court ◽  
Political Influence ◽  
The Philippines ◽  
Informal Networks ◽  
Significant Evidence ◽  
Presidential Appointments ◽  
High Profile ◽  
Judicial Decisions ◽  
The Supreme Court

To what extent do informal networks shape the decisions of the Supreme Court of the Philippines? Though often raised in the Philippines, this question has never been studied empirically. To answer it, we constructed a set of social network variables to assess how informal ties, based on university connections and work affiliations, may have influenced the court’s decisions between 1986 and 2015 in 47 politically high-profile cases. Providing statistically significant evidence for the effects of political influence (presidential appointments) and hierarchical pressure (the vote of the Chief Justice) on related networks, our analysis suggests a continuing tension on the Supreme Court bench between professionalism and informality. Because the findings advance both theoretical and empirical understanding of larger issues at the intersection of courts and society throughout the region, we recommend more attention to the role of judicial networks, external to the courts as well as within them.

Sign in / Sign up

Export Citation Format

Share Document