Openlaws.eu

2017 ◽  
pp. 173-190 ◽  
Author(s):  
Thomas J. Lampoltshammer ◽  
Andres Guadamuz ◽  
Clemens Wass ◽  
Thomas Heistracher
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Court Decisions ◽  
Legal Information ◽  
Legal Norms ◽  
Open Framework ◽  
Fundamental Building Block ◽  
Legal Literature ◽  
Legal Texts ◽  
Public Decision

Legal texts represent a fundamental building block in all democratic states. As such, legal information must be accessible to all members of society to the widest possible extent, to aid inclusiveness and to enable participation in public decision-making. In recognition of this, the EU and its Member States work to make laws, court decisions, etc. publicly available online. The sheer mass of legal norms, instruments, and interpretations in court decisions, commentaries and other sources, makes it increasingly difficult for citizens, civil society, businesses, and all involved stakeholders in legal practices to locate the relevant law. The challenge is to interlink local legal information and to have structures in place to enrich this information through aggregation and mass customization. The technological possibilities to achieve this goal do exist. The European project openlaws.eu aims for initiating a platform and to develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.

The Role Played by External Case Law in Promoting the Legitimacy of International Criminal Court Decisions

2018 ◽  
Vol 87 (2) ◽  
pp. 189-211
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Procedural Law ◽  
The Law

International criminal courts and tribunals (ICTs) often refer to jurisprudence from other ICTs when reaching a decision. This can help increase the legitimacy of their decision-making. This article focuses on the International Criminal Court (ICC) and examines when the ICC may refer to the decisions from other courts; when it in fact does so; when it has chosen to deviate from the decisions of other ICTs; and how this has affected the legitimacy of its decisions. The ICC has generally been mindful in its approach towards referring to jurisprudence from other ICTs, but has not been afraid to deviate from it on occasion in decisions concerning both substantive and procedural law. The article argues that where possible the Court should interpret the law in line with other ICTs’ decisions. This will help increase the legitimacy both of the Court’s own decisions and the field of ICL as a whole.

scholarly journals Orzecznictwo i doktryna jako źródło prawa prywatnego

2018 ◽  
Vol 112 ◽  
pp. 47-65
Author(s):  
Józef Frąckowiak
Keyword(s):  
Case Law ◽  
Court Decision ◽  
Private Law ◽  
Legal Norms ◽  
Applicable Law ◽  
Legal Relation ◽  
Unambiguous Determination ◽  
Legal Literature ◽  
The Republic

JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c Code of Civil Procedure. The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.

Is the Concept of Midwifery Abdication Evident in Australian Case Law? A Systematic Review of Legal Literature, Court/Tribunal Decisions, and Coronial Findings

2020 ◽  
Vol 10 (4) ◽  
pp. 217-233
Author(s):  
Elaine Jefford ◽  
Samantha J. Nolan ◽  
Julie Jomeen
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Data Sources ◽  
Health Practitioner ◽  
Eligibility Criteria ◽  
Australian Health ◽  
Search Terms ◽  
Legal Literature ◽  
Midwifery Education ◽  
Australian Case

BACKGROUNDThis review builds upon previous work exploring the concept of Midwifery Abdication, within the national midwifery literature. This article focuses on Australian legal literature, court/tribunal decisions and coronial or coroner's court findings.OBJECTIVETo explore Midwifery Abdication and whether it is evident within Australian caselaw.DATA SOURCESAustralian Legal literature, coronial findings, and court/tribunal decisions reported by the Australian Health Practitioner Regulation Agency, during 2005–2020.ELIGIBILITY CRITERIA1,246 cases were located using the presented search terms. Use of exclusion criteria resulted in the inclusion of 41 cases.METHODSWhile there are no validated tools to appraise caselaw, this review followed a robust protocol that guides the preparation and reporting of systematic reviews. Midwifery Abdication was identified using previously validated, interrelated constructs.RESULTSMidwifery Abdication occurred in 41 cases; that included one or more previously identified constructs. In line with the associated integrative review, a midwife's professional identity, environmental hierarchy and associated culture of social obedience are all shown to act as influencing factors in Midwifery Abdication.LIMITATIONSRigorous and reproducible processes were used; however, limited search functionality of some data sources may have resulted in inadvertent omission of cases. While this review relates to case law in one high-income country it provides a platform for further international research.CONCLUSIONS AND IMPLICATIONS OF KEY FINDINGSAcknowledging Midwifery Abdication in Australian caselaw may serve to strengthen the midwifery voice and encourage an enhanced educational and reflective focus on midwifery philosophy and decision-making. Midwifery education must empower midwives to embrace their autonomous status while enhancing their abilities to optimize informed decision-making within a woman-centered midwifery philosophy.

The Ecclesiastical Common Law: A Quarter-century Retrospective

2011 ◽  
Vol 14 (1) ◽  
pp. 20-42
Author(s):  
Charles George
Keyword(s):  
Decision Making ◽  
Church Of England ◽  
Common Law ◽  
Case Law ◽  
Freedom Of Religion ◽  
Court Decisions ◽  
Quarter Century ◽  
Ecclesiastical Law ◽  
The Church

This article reviews developments in ecclesiastical case law (interpreted widely) over the 25 years since the Ecclesiastical Law Journal was founded, focusing on four areas, in each of which, in the author's view, there have been significant developments: freedom of religion; the constitution of the Church of England; the protection of listed buildings; liturgy, ritual and doctrine. It notes the role of the Journal in reporting consistory court decisions and thus ensuring greater consistency of decision-making. It concludes by mentioning some of the leading cases in various other areas of ecclesiastical law.

L’élément politique des crimes contre l’humanité: État des lieux de la jurisprudence de la Cour pénale internationale

2015 ◽  
Vol 52 ◽  
pp. 223-259
Author(s):  
YVES HAMULI KABUMBA
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Organizational Policy ◽  
The Core ◽  
Legal Literature ◽  
Legal Texts ◽  
Preparatory Work

AbstractTo be characterized as a crime against humanity under Article 7 of the Rome Statute of the International Criminal Court (ICC), the acts listed must have been committed as part of a systematic or widespread attack in furtherance of a State or organizational policy. Both variants of the attack, that is to say its “systematic” or “generalized” nature are alternative requirements. However, some of the legal literature since the preparatory work to draft the Rome Statute of the International Criminal Court in 1998 considers that the requirement of a policy makes both variants cumulative, hence creating a conflict between Article 7(1) and Article 7(2) of the Rome Statute. The controversy over the content and the legal scope of the concept of policy is worsened by the absence of definitions of the notions of policy and systematic attack in the core legal texts of the ICC. What definition have Chambers of the ICC given to the notion of policy? What sources have Chambers relied on? Does ICC case law provide tools to avoid possible conflict between Article 7(1) and Article 7(2) of the Rome Statute? These are the issues this study attempts to examine.

scholarly journals Status of LLC Shareholder and Forms of Obtaining It (Comparative-legal Analysis)

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 42-72
Keyword(s):  
Legal Status ◽  
German Law ◽  
Case Law ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Literature ◽  
The Us ◽  
The Status ◽  
Logical Synthesis ◽  
General Regulation

The status of the LLC shareholder characterizes the legal status of the shareholder, its legal relationship with other shareholders, the LLC itself, management of the LLC, and third parties. Although the legal status of LLC shareholder (its rights and obligations) is prescribed under Georgian law, issues related to its definition are still relevant, as Georgian legislation is limited to general regulation only, and Georgian case law and legal literature are also characterized by the scarcity of consideration of shareholder status. The purpose of this article is to use comparative legal analysis to determine the essence of the status of the LLC shareholder, the grounds for its origin, and legal consequences. The article analyzes the concept of the status of the LLC shareholder, subjects of the status of the LLC shareholder, LLC share concept, the rights, and obligations connected to the status of the LLC shareholder, forms of receiving the status of the LLC shareholder and its period. Since the regulatory norms of Georgian LLC are the institute of logical synthesis created as a result of the reception of the norms of German law and the norms of US law, the article mainly provides a comparative analysis of the Georgian and German legal norms on the status of the LLC shareholder, as well as, to some extent, the US regulations.

scholarly journals Law reports for psychiatrists

2012 ◽  
Vol 18 (4) ◽  
pp. 308-314
Author(s):  
Hugh Series
Keyword(s):  
Case Law ◽  
Psychiatric Practice ◽  
Court Decisions ◽  
Medical Work ◽  
England And Wales ◽  
Legal Structure ◽  
Legal Literature ◽  
Judicial Reasoning ◽  
Law Reports ◽  
Civil Courts

SummaryThe article briefly describes the structure of the civil courts in England and Wales and explains how laws are drafted. This information is used as a basis for understanding the rule of precedent: how earlier court decisions may be binding in later cases. The article explains what law reports are, how cases are reported in the legal literature and how they may be located and cited. A number of key cases are summarised to illustrate the process of judicial reasoning and to show how case law contributes to psychiatric practice and defines the legal structure of medical work. A list of useful legal websites is given.

Between Politics and Expertise: An Italian Perspective on Constitutional Law and Scientific Legitimacy

2016 ◽  
Vol 7 (3) ◽  
pp. 475-484
Author(s):  
Marta Morvillo
Keyword(s):  
Decision Making ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Case Law ◽  
The Other ◽  
Constitutional Court ◽  
The Public ◽  
Scientific Legitimacy ◽  
Decision Making Processes ◽  
Public Decision

The dialectic between the technically (or scientifically) possible and the legally possible, which is implied in decision-making in conditions of uncertainty, raises crucial issues from a constitutional perspective. In particular, the emergence of a new factor of legitimacy – which could be envisaged as a form of “scientific legitimacy” – can be detected and needs to be integrated within the constitutional discourse.Through an overview of the case law of the Italian Constitutional court, the paper aims at highlighting the possible approaches to the need of a deeper integration of technical and scientific knowledge within the public decision-making processes, in an attempt to strike a balance capable of avoiding the two extremes of scientifically weak decisions on one hand, and of “technical deference” to experts on the other.

Restrained Integration of European Case Reports in Danish Legal Information Systems and Culture

2011 ◽  
Vol 80 (3) ◽  
pp. 279-294
Author(s):  
Henrik Palmer Olsen ◽  
Michael Gøtze
Keyword(s):  
Information System ◽  
Information Systems ◽  
Common Ground ◽  
Case Reports ◽  
Case Law ◽  
Court Decisions ◽  
Legal Information ◽  
European Court ◽  
Comprehensive Information ◽  
Relative Neglect

AbstractCourt decisions not only serve to end legal disputes between the parties to the case, but also serve as precedents. In that sense court decisions are a source of law. This is common ground as to both national and European court decisions. Noting the existence of a context in which Danish legal information systems only publish case reports very selectively, we argue that although decisions of the European courts, notably European Court of Justice and European Court of Human Rights, are available from the homepages of these courts (CURIA and HUDOC), the fact that these decisions are not part of an integrated dissemination of case reports in Denmark may diminish the regard for these decisions and lead to a relative neglect of European law to the detriment of legal certainty. The article proposes that one explanatory factor in this regard is that the main legal information system in Denmark is influenced by a legal culture which is still predominantly national in orientation. In order to promote awareness of European case law and to improve the quality of legal thinking and practice, we propose that significant parts of this case law should be published in a more suitable way by incorporating it into a comprehensive information system that integrates the promulgation of Danish and European case law.

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