scholarly journals Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities. How to Reward Efficient and Independent Decisions

2019 ◽  
Vol 6 (1) ◽  
pp. 13-29
Author(s):  
Asiimwe Jackline-Bainipai
Keyword(s):  
Legal System ◽  
High Standard ◽  
Substantial Impact ◽  
The Core ◽  
System A ◽  
Independent Judiciary ◽  
Legal Provisions ◽  
Form Part ◽  
The Law ◽  
State Of Affairs

This piece of work is discusses the systems of remuneration of judges and promotion possibilities as well as rewarding efficient and independent decisions in Uganda. The research finds that whereas these three form part and parcel of the core of an independent judiciary, and whereas there are adequate legal provisions, the enforceability is lacking due to the fact that there are high levels of interference by the executive in the function of the judiciary. The remuneration, reward of an efficient judge are largely dependent on paying allegiance to the executive and deciding cases in appeasement of the executive. Yet, the remuneration, promotion and reward are supposed to be on merit. They should also be established by law and not subject to arbitrary interference from the executive. This study has revealed how the executive has substantial impact on remuneration, promotion and reward of efficient judges. Judges that decide cases according to the law irrespective of the interests of the executive are sidelined in the promotions, remunerations and reward. The study makes relevant conclusions and recommendations. “The remuneration of the judges is not sufficient to induce the ablest lawyers in the prime of life to accept judicial office. If that state of affairs is allowed to continue it must have serious effect upon the administration of the law. It will impair those intellectual standards which have made our English legal system a great legal system; it will tend to impair that law abiding instinct which is the condition precedent for the maintenance of a high standard of civilization, and it will weaken the chief remaining guarantee for the prosecution of the liberties of that subject.”1 With reflection on the above statement on remuneration, this piece of work discusses remuneration systems and promotion possibilities and how to reward efficient and independent judges from the Ugandan perspective.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part II)

2021 ◽  
Vol III (III) ◽  
pp. 149-174
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Property Management ◽  
Real Property ◽  
Substantial Impact ◽  
Legal Provisions ◽  
The Law ◽  
Administrative Courts ◽  
Special Rules

Adoption of the Act on Special Rules of Eliminating the Legal Effects of Reprivatisation Decisions Relating to Real Properties in Warsaw, Issued in Violation of Law had a substantial impact on the directions of development of administrative courts’ jurisprudence in recent years. New legal provisions and solutions have provided an impetus for administrative courts to set directions for applying the law in the area of reprivatisation of Warsaw real properties. Some of its fundamental issues are those that involve determining the meaning of the premise of possession, laid down in Article 7(1) of the Warsaw Decree, as the positive condition for filing the restitution application and applying for compensation for land expropriated pursuant to Article 215(1) of the Act on Real Property Management.

Officials and Chinese Justice: Public and Private Wrongdoing in Qing Law

T oung Pao ◽  
2020 ◽  
Vol 106 (5-6) ◽  
pp. 661-713
Author(s):  
Nancy Park
Keyword(s):  
Legal System ◽  
The Body ◽  
Public And Private ◽  
The Public ◽  
The Qing Dynasty ◽  
System A ◽  
Specific Goal ◽  
The Law ◽  
Historical Antecedents ◽  
Philosophical Writings

Abstract This article examines the law of officials during the Qing dynasty (1644-1912), focusing on the body of statutes, substatutes, and regulations pertaining to the organization and operations of the imperial Chinese bureaucracy. The general objective of the article is to draw attention to the law of officials and its significance within the Qing legal system. A more specific goal is to examine how official wrongdoing was defined, differentiated, and dealt with in Qing law, highlighting the crucial distinction between the two main categories of official wrongdoing: “public wrongdoing” (gongzui 公罪) and “private wrongdoing” (sizui 私罪). Part I analyzes the legal distinction between public and private wrongdoing; Part II examines the historical antecedents of the public-private distinction, as expressed in the philosophical writings and the codified law of earlier dynasties; and Part III analyzes the substantive and procedural consequences of the public-private distinction on Qing officials.

Challenges of the Implementation of the European Charter of Local Self-Government in Polish Legislation

2018 ◽  
Vol 16 (4) ◽  
pp. 971-982 ◽  
Author(s):  
Joanna Radwanowicz-Wanczewska ◽  
Dorota Dąbek
Keyword(s):  
Legal System ◽  
Political System ◽  
Current State ◽  
Governance Practice ◽  
The Law ◽  
State Of Affairs

Poland is one of the few countries to have ratified the European Charter of Local Self-Government in full and without reservations. The Polish approach is perceived as a positive example of a country’s response to the challenges resulting from recognizing local self-governments as institutions typical of a political system. This article presents the achievements of the Polish legislator in terms of the law of self-government, including a verification of the efficiency of these achievements in view of local self-governance practice. The degree of implementation of the Charter’s provision in the Polish legal system is also outlined. The article covers not only the issues related to a diagnosis of the current state of affairs, but also several specific proposals, guidelines, and suggestions in terms of improving the existing situation.

scholarly journals SOME CONSIDERATIONS REGARDING THE QUALITY OF PARTY IN INDIVIDUAL LABOUR DISPUTES

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Lavinia Onica Chipea
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Procedure ◽  
Social Dialogue ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Law ◽  
Labour Disputes

AbstractThe paper proposes, based on the analysis of the Code of Civil Procedure and of laborlegislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,to develop analytically and synthetically the institution of the quality of party in a individuallabour conflict.Along with the cited legal provisions, the examples of judicial practice in BihorCounty point out the specific of labor jurisdiction in the Romanian legal system, jurisdictiongoverned by the Code of Civil Procedure, as common law, which is adapted to the speciallegislation of the spirit of this institution.

Pierce the Myth Veil To Expose Facts

1988 ◽  
Vol 5 (1) ◽  
Author(s):  
A. Tobey Yu
Keyword(s):  
Legal System ◽  
Know How ◽  
The Core ◽  
Lay People ◽  
Dense Fog ◽  
The Law

In our legal system, verdicts are based on the judgments of the judge and/or the jury. Their judgment in turn is derived from facts surrounding the case in question. Unfortunately, facts are not always clear and obvious. Recent rapid advances in technology have made life even more complex and difficult for lay people, including the judges and jurors. As a consequence, facts and significant issues are frequently shrouded in dense fog and masked by a veil of myth. This paper will examine the kinds of myth veils, their sources and the various ways one might lift, debunk or pierce them in order to unmask or expose the core of truth. The attorney is one who knows the law but the forensic engineer must bear the burden of providing the know-how and methodology to expeditiously and efficiently penetrate the fog. The process can be likened to the search for manganese in a Brazilian jungle. A local guide with a machete knows his trail but he too must rely on the expertise and skill of the

Homeless people in the legal system

2020 ◽  
Vol 35 (1) ◽  
pp. 135-153
Author(s):  
Jolanta Zozula
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Legal System ◽  
Homeless People ◽  
Voting Rights ◽  
Practical Implementation ◽  
Legal Provisions ◽  
Legal Situation ◽  
Housing Needs ◽  
The Law

The article is devoted to the legal situation of people in a crisis of homelessness from the perspective of the implementation of human and citizen rights. To this end, the law was reviewed in the scope of satisfying housing needs, the possibility of obtaining an ID card, employment, active voting rights and health care. These are, of course, only selected areas in which the particular situation of homeless people is reflected. Attempts have been made to indicate that the legislator, as a rule, takes into account the specific conditions of existence of homeless people by introducing regulations that allow them to use the full catalogue of human rights and freedoms while respecting the principle of non-discrimination due to the lack of housing or residence. Despite this, there are still areas where the welfare of homeless people is not properly protected. The reason for this situation are difficulties in the practical implementation of solutions contained in normative acts, imprecise legal provisions, as well as the very diverse situation of people experiencing homelessness.

Comment on Oppenheim: In Defence of “The Natural Law Thesis”

1957 ◽  
Vol 51 (1) ◽  
pp. 54-64 ◽  
Author(s):  
Harry V. Jaffa
Keyword(s):  
Natural Law ◽  
Intrinsic Value ◽  
Value Judgments ◽  
Value Judgment ◽  
The Core ◽  
A Value ◽  
The Law ◽  
Theory Of Value ◽  
State Of Affairs

The core of Oppenheim's attack on what he calls the natural law thesis is the contention that it rests upon an incorrect epistemology:To subscribe to the natural law thesis is to adhere to the epistemological theory of value-cognitivism. Value-cognitivism claims that there exist intrinsic value-judgments which are cognitively true or false, regardless of the speaker's or listener's intrinsic value-commitments.In contrast to this view is the epistemological theory of value non-cognitivism, which tells us thatValue-words do not designate objects, and it is misleading to use nouns such as “Justice” and “Goodness.” … A value-expression in an intrinsic value-judgment refers to a relation which holds between an evaluating subject and some object or event or state of affairs which he values intrinsically, whether positively or negatively.I take the foregoing to mean that, to predicate just or good of a law or of a man does not tell us anything about the law or man, but rather describes an attitude toward the law or man. Justice, as a noun, is misleading, because justice is not a “thing” or a “this”; it is not a substance but an attribute; not a real noun, but an hypostatized adjective, a quality of evaluating subjects, never of the objects of which the subjects themselves always predicate it.

Law and Authority

1989 ◽  
Vol 2 (1) ◽  
pp. 3-18 ◽  
Author(s):  
Roger A. Shiner
Keyword(s):  
Political Philosophy ◽  
Legal System ◽  
Legal Rule ◽  
Legitimate Authority ◽  
Legal Systems ◽  
System A ◽  
The Law ◽  
Key Terms ◽  
The Way

The nature of authority has been much debated in legal and political philosophy, and the terminology is not stable. I shall begin by stipulating how I understand some of the key terms used in this paper1. I consider authority here as a property of laws and of legal systems. Authority must be distinguished primarily from power, efficacy, and validity. Authority is not the same as power. A person or institution may have the power to affect the way that people behave, but lack authority because he, she, or it is purely coercive. Authority is not the same thing as efficacy; efficacy simply means that there is conformity to the rules of the system, whether willing conformity or not. But it is possible for there to be conformity to the laws of a successful repressive system, and such a system would not have authority. Authority is not the same as validity. To be valid is to be pedigreed by the rule of recognition of the legal system. A legal rule may have that property, and yet lack authority because it is not a rule which there is any obligation to obey. If the law has authority, then the demands that the law makes of us are such that we ought to conform to them. Theorists sometimes distinguish between “legitimate authority” and “de facto authority”. It follows from the above that in my terminology “authority” means legitimate authority as that term has been typically understood, as authority which issues directives we have an obligation to obey. “Legitimate authority” is pleonastic.

“Compassion for the Weak”: Juvenile Offenders in the Qing Dynasty Legal System

Modern China ◽  
2018 ◽  
Vol 44 (4) ◽  
pp. 374-417
Author(s):  
Jing Fenghua
Keyword(s):  
Juvenile Offenders ◽  
Qing Dynasty ◽  
Legal System ◽  
Justice System ◽  
Early Time ◽  
Vulnerable Groups ◽  
The Qing Dynasty ◽  
Chinese Law ◽  
Legal Provisions ◽  
The Law

When children committed homicide during the Qing dynasty, their cases were handled by the same justice system used for adult offenders. But from a very early time, Chinese law endorsed the notion that children and other vulnerable groups were worthy of the law’s compassion. This article explores legal avenues to that compassion, from the law’s efforts to clarify and define what marked a perpetrator as “weak” to the various legal provisions permitting such “weak” offenders to memorialize for mercy or request reduction and redemption of punishment. It finds that compassion for the weak was woven into both the letter of the law and the law in practice, resulting in a justice system that balanced the needs of victims and offenders alike.

Sign in / Sign up

Export Citation Format

Share Document