Interview With the Honorable Justice Dr. Irving André, Superior Court Judge, Ontario, Canada, the Judiciary of Canada

2021 ◽  
pp. 50-71
Author(s):  
L. Daisy Henderson ◽  
Peter K.B. St. Jean
Keyword(s):  
Court Judge

Observations of a Drug Court Judge

2017 ◽  
Vol 29 (4) ◽  
pp. 211-212
Author(s):  
Judge Stacy L. Cook
Keyword(s):  
Drug Court ◽  
Court Judge

scholarly journals L'inconstitutionnalité des pouvoirs du protonotaire spécial

2005 ◽  
Vol 22 (2) ◽  
pp. 429-454
Author(s):  
Serge Bouchard ◽  
Marie-Michèle Lavigne ◽  
Pascal Renauld
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
District Court ◽  
Privy Council ◽  
Labour Relations ◽  
Court Judge ◽  
Administration Of Justice

The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional

CONSIDERATION OF LABOR DISPUTES BY COURTSIN THE UZBEK SSR (Example of the decree of 26.06.1940 years)

2021 ◽  
Vol 4 (7) ◽  
pp. 55-62
Author(s):  
Dilshod P. Komolov ◽  
Keyword(s):  
Soviet Union ◽  
Supreme Court ◽  
Judicial System ◽  
Soviet Regime ◽  
State Control ◽  
Labor Disputes ◽  
Labor Discipline ◽  
Court Judge ◽  
The Soviet Union ◽  
Constitutional Right

Using the example of the Uzbek SSR, this article reveals the process of militarization of enterprises and institutions on the eve of the attack of Fascist Germany on the Soviet Union, restrictions on the constitutional right of citizens to freely choose a profession and work, cruel exploitation of the population and the use of tens of thousands of prisoners aslabor by the despotic Soviet regime. The article also highlights the emergence of judges as victims of repression, the strengthening of party and state control over the judicial system based on archival sources.Index Terms:People's Commissariat of Justice, Supreme Court of the Uzbek SSR, people's Court, judge, investigation, sentence, prison, correctional labor, fine, working week, labor discipline, prisoner, military enterprises, decree

scholarly journals JUDGING THE JUDGES: CANADA’S NEWEST SUPREME COURT JUDGE: HON. MICHEL BASTARACHE

2011 ◽  
Vol 9 (1 - 4) ◽  
pp. 1997
Author(s):  
Wade MacLauchlan
Keyword(s):  
Supreme Court ◽  
Court Judge

JUDGING THE JUDGES CANADA’S NEWEST SUPREME COURT JUDGE: HON. MICHEL BASTARACHE

A Parens Patriae Figure or Impartial Fact Finder: Policy Questions and Conflicts for the Juvenile Court Judge

2001 ◽  
Vol 12 (4) ◽  
pp. 311-332 ◽  
Author(s):  
Joseph B. Sanborn
Keyword(s):  
Juvenile Court ◽  
Criminal Court ◽  
Probation Officers ◽  
Constitutional Rights ◽  
Juvenile Courts ◽  
Defense Attorneys ◽  
Court Judge ◽  
Proper Role ◽  
Adult Court ◽  
Parens Patriae

For several decades, juvenile courts functioned like clinics. Judges assigned there were instructed to assume a variety of roles: jurist, psychologist, counselor, sociologist, and parent. The In re Gault decision in 1967 granted juvenile defendants several constitutional rights that transformed juvenile courts into criminal court-like operations. Juvenile court judges have not been told whether they should continue to be paternal or emulate their counterparts in adult court; research has not addressed this subject. In this study, 100 juvenile court workers (judges, prosecutors, defense attorneys, probation officers) from three juvenile courts (urban, suburban, rural) were interviewed to ascertain how judges operate in juvenile court and what these workers perceive to be the proper role for the judge. The data show that most workers believe that the role of the juvenile court judge is and should be unique.

scholarly journals La necesaria autorización judicial para el traslado de personas físicas condenadas a penas de prisión entre estados miembros de la Unión Europea

2011 ◽  
Author(s):  
Marcos Baras González
Keyword(s):  
Mutual Recognition ◽  
Current System ◽  
Legal Order ◽  
The European Union ◽  
Security Measures ◽  
Trial Court ◽  
Court Judge ◽  
Judicial Intervention ◽  
Full Development ◽  
Recognition And Enforcement

el aumento del traslado de personas condenadas a penas privativas de libertad y a medidas de seguridad de la misma naturaleza, por el pleno desarrollo del Espacio de Libertad, Seguridad y Justicia en la Unión Europea, y especialmente por la aplicación de la Decisión marco 2008/909/JAI, relativa al reconocimiento mutuo y ejecución entre Estados miembros de la Unión de este tipo de penas, que difiere bastante del sistema actual, regulado principalmente por el Convenio de Estrasburgo de 1983, y la futura adaptación que de la misma haga el legislador español, nos obliga a reflexionar sobre el encaje de esta norma en el Ordenamiento jurídico constitucional español. Pretendemos con este estudio prestar singular atención a la intervención judicial, en concreto del Juez o Tribunal sentenciador, tanto en la autorización del eventual traslado del condenado a un Estado miembro, como la influencia de este cumplimiento en un Estado distinto del que impuso la pena, en la reinserción social.increase the transfer of persons sentenced to deprivation of liberty and security measures of the same nature, the full development of the Area of Freedom, Security and Justice in the European Union, and especially the implementation of the Framework Decision 909 of 2008 concerning the mutual recognition and enforcement between Member States of the Union of such penalties, which differs significantly from the current system, mainly regulated by the Strasbourg Convention of 1983 and the upcoming adaptation of the same make the Spanish legislature, we need to reflect on the fit of this rule in the Spanish constitutional legal order. We aim with this study paid special attention to judicial intervention, in particular the trial court judge or, in the authorization of the eventual transfer of the sentenced to a Member State, as the influence of such compliance in a State other than that imposed the penalty reintegrate into society.

scholarly journals PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA

2013 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Abdul Manan
Keyword(s):  
Analytical Techniques ◽  
Judicial Power ◽  
Legal Argument ◽  
Court Judge ◽  
Legal Provisions ◽  
The Law ◽  
Law And Justice ◽  
Article 5 ◽  
Religious Courts

The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.

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