Open Justice

2019 ◽  
Keyword(s):  
Digital Media ◽  
Rule Of Law ◽  
Careful Consideration ◽  
Max Planck ◽  
The Rule Of Law ◽  
Procedural Law ◽  
The Face ◽  
Democratic Societies ◽  
The Public Sphere ◽  
The University

The idea behind open justice, a principle widely recognised as a constituent of the rule of law and vital for the functioning of democratic societies, seems simple and universally accepted: a legal rule that requires courts to conduct their proceedings in public. However, it is less clear how we are to understand and implement this notion today. In the age of information technology, digital media and the transformation of the public sphere, this question merits careful consideration. In the face of the fast-changing landscape of dispute resolution and populist movements threatening to undermine judicial independence, what role should courts play in ensuring the degree of openness necessary to support the rule of law? Against this backdrop, this book seeks new approaches to the requirement for open justice in times of change, and revisits the place and role of courts in ensuring open justice in democratic societies. It offers a unique comparative insight thanks to a variety of approaches adopted by authors from diverse professional and academic backgrounds. Prof. Dr. Dres. h.c. Burkhard Hess is Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and a professor at both the Université du Luxembourg and the University of Heidelberg. Ana Koprivica Harvey, LL.M. is a research fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

scholarly journals Teoria crítica e direito internacional: uma visão pachukaniana de China Miéville

2018 ◽  
Vol 3 (1) ◽  
pp. 158-174
Author(s):  
Luiz Felipe Brandao Osorio
Keyword(s):  
International Law ◽  
20Th Century ◽  
Rule Of Law ◽  
Early 20Th Century ◽  
Critical Legal Studies ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Legal Relationship ◽  
The Face ◽  
The One

RESUMO:Dentro do emaranhado teórico cunhado como teoria crítica do direito, cabe aqui resgatar a sua vertente mais radical, aquela que vai à recôndita essência do fenômeno jurídico, e que consequente perpassa a face em que suas fraturas ficam mais expostas: a teoria materialista do direito internacional. O britânico China Miéville brinda-nos com uma reflexão original sobre a seara internacionalista, partindo e retomando as pistas legadas por Evguiéni Pachukanis, no início do século XX, para atingir o cume da crítica do direito, pela teoria da forma mercantil, ressaltando o caráter violento, de coerção, presente inerentemente na relação jurídica. É neste mundo, o do império do direito, é que reinam a miséria e o horror cotidianos e banalizados. ABSTRACT:Within the theoretical entanglement coined as critical legal studies, it is needed to address its most radical aspect, that goes inside the hidden essence of the legal phenomenon, and which consequently touches the face in which its fractures are most exposed: the materialist theory of international law. British China Miéville brings us an original reflection on the internationalist scenario, starting with and returning to the trails left by the early 20th century by Evguiéni Pachukanis to reach the summit of the critique of law, by the theory of commodity form, emphasizing the violent side, coercive, inherent in the legal relationship. It is in this world, the one of the rule of law, that daily and banal misery and horror reign

scholarly journals Risk and the Rule of law

2020 ◽  
Vol 16 (3) ◽  
Author(s):  
Janet McLean
Keyword(s):  
Rule Of Law ◽  
Moral Issues ◽  
The Rule Of Law ◽  
Global Pandemic ◽  
The Face

In this article the author argues for the importance of law even in the face of a global pandemic, suggests some ways that law helps to reveal and articulate the moral issues at stake, and sketches the legal controversies surrounding the Covid-19 lockdown.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

Inherent Jurisdiction and the Limits of Civil Procedure

2020 ◽  
pp. 269-290
Author(s):  
Stuart Sime
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Procedure ◽  
England And Wales ◽  
High Court ◽  
The Rule Of Law ◽  
Procedural Law

This chapter considers the modern scope and limitations on the use of the court’s inherent jurisdiction in common law jurisdictions. It considers the underlying juridical basis for the jurisdiction, and the underlying theories, namely that residuary powers were vested in the High Court in England and Wales by the Judicature Acts, and that all courts have inherent powers to prevent abuse of process. It considers the ramifications of the distinction between inherent jurisdiction and inherent powers. Changes in the legal landscape since the seminal articles by Master Jacob and Professor Dockray, including the codification of civil procedure in many common law jurisdictions, and modern understanding of the rule of law and the separation of powers, are considered. It is argued that while existing applications of the inherent jurisdiction should be retained, it is no longer acceptable for the English High Court, and equivalent courts in other jurisdictions, to generate new procedural law by resorting to the inherent jurisdiction.

Part I Introduction, Ch.2 International Organizations and International Law

2016 ◽  
Author(s):  
Peters Anne
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
State Of The Art ◽  
Legal Environment ◽  
Access To Information ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Procedural Law ◽  
The Law

This chapter provides an overview of the state of the art of legal thought about the international organizations (IOs) as legal entities in a legal environment. IOs are legal communities in a threefold sense: they are created by law, they use law as a means of governance, and they should be governed by the rule of law. Accordingly, international law constitutes, enables, and constrains IOs. The chapter shows that legal scholarship until the 1990s was primarily concerned with the constituting and enabling function of the law (thus securing the effectiveness of IOs), while the more recent legal concern is the constraining function of the law (thus improving the accountability of IOs). In the procedural law of organizations, a tryptichon of accountability procedures has been built: transparency, participation, and access to information.

Constitutional Developments in the United Kingdom

2001 ◽  
Vol 29 (2) ◽  
pp. 232-243 ◽  
Author(s):  
David Williams
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Victorian Britain ◽  
Authoritative Text ◽  
University Of Oxford ◽  
Self Confidence ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The University

In hisIntroduction to the study of the Law of the Constitution, which appeared in its first edition in 1885, Professor A. V. Dicey of the University of Oxford emphasized in particular the doctrine of Parliamentary sovereignty and the concept of the Rule of Law as guiding principles of the constitution. His exposition was clear and trenchant, inspired by the self-confidence of late Victorian Britain, and through nine editions it provided the authoritative text which to this day has influenced judges and lawyers, politicians, observers from abroad, and many others in their interpretation of the constitutional law of the United Kingdom.

Culture of law at Arab universities

2017 ◽  
Vol 10 (3) ◽  
pp. 392-407
Author(s):  
Adnan El Amine
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Four Dimensions ◽  
For Profit ◽  
Not For Profit ◽  
College Of Law ◽  
The Status ◽  
Discourse Teaching ◽  
The University ◽  
Require Data

The prevalence of a culture of law at a sample of 36 Arab universities is studied in this study. It examines four dimensions of the culture of law: reference to law and its related terms in the universities discourse; teaching of law programmes and law courses; activities practised at the university that raise legal topics; and perceptions of faculty and students on the existence of a culture of law at the university. The results showed that the culture of law is fair to weak. There was not a single university in the sample that was classified as ‘above average’ in terms of the four dimensions. Five universities – all private – were classified as ‘below average’, one of which was religious and the others for-profit. Both expressions ‘rule of law’ and ‘culture of law’ were absent from the discourse. Unlike the discourse, there was not a single university lacking in the law curricula, be it programmes or courses. The existence of a college of law at a university contributes to the expansion of the culture of law at the university. The culture of law is further expanded as well at private not-for-profit universities in comparison with for-profit ones. Public universities in Tunisia lag behind other Arab universities in discourse due to their lack of interest in developing websites, whereas they are ahead in curricula and perceptions. Paradoxically, almost nothing has been written about the issue of culture of law (and the rule of law) in Arab universities. Although there is an abundance of writing on academic freedom, it does not fill the gap. It is not the remit of this paper to investigate the rule of law at Arab universities; that would require data collection on facts, practices and stories, although such a project is badly needed. Instead, it investigates the culture of law, since the author believes it is a reliable indicator of the status of the rule of law.

scholarly journals Introduction: Pluralism, Contestation, and the Rule of Law

2021 ◽  
Vol 30 (4) ◽  
Author(s):  
Keith Cherry
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The United States ◽  
The European Union ◽  
Colonial State ◽  
The Rule Of Law ◽  
Indigenous Nations ◽  
The World ◽  
The Face ◽  
Democratic Election

Around the world, the current political conjuncture is one of profound challenges for constitutionalism and the rule of law. In the United States, the executive has willfully engaged in a prolonged attempt to weaponize the machinery of the state and radicalize public opinion in order to undermine a democratic election. In the European Union, the increasingly authoritarian relationship between the executive and the judiciary in Poland and Hungary is posing the most profound threat to European constitutionalism in decades. In Hong Kong, the Chinese state is actively seeking to undermine legislative and judicial independence in the face of unprecedented pro-democracy mobilizations. In India, Lebanon, Bolivia, and elsewhere mass mobilizations are challenging, and being suppressed in the name of, the rule of law. Here in Canada, the Wet’suwet’en and their supporters, as well as the Tsleil Waututh, Haudenosaunee, L’nu (Mi’kmaq), Inuit, and members of countless other Indigenous nations are contesting the very nature of the rule of law, as they assert Indigenous laws against the law enforcement of the colonial state. Around the world, the use of emergency powers in response to the COVID-19 pandemic is also raising profound constitutional concerns.

scholarly journals KEARIFAN DIALOGIS NABI ATAS TRADISI KULTURAL ARAB: Sebuah Tinjauan Hadis

2012 ◽  
Vol 13 (2) ◽  
pp. 187
Author(s):  
Mr Syaikhudin
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Arab Culture ◽  
The Face ◽  
Local Traditions

There is a lots of local traditions arab wisely maintained and preserved by  the Prophet. It’s like, the pilgrimage to Mecca, the rule of law marriages, deaths, versification, and many more. All of this can be found in many Hadith are scattered in the books of hadith. The Prophet is in order to reconcile Islam with the forces of the local Arab culture, it is done so that the local Arab culture is not lost. Thus, the face of Islam as a religion that rahmatan li al-'Alamin, a religion that has a high appreciation of the tradition will be seen.

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