جريمتا القوة الجنائية و الإرهاب في القانون السوري و السوداني : دراسة مقارنة في الفقه الإسلامي

جريمتا القوة الجنائية و الإرهاب في القانون السوري و السوداني : دراسة مقارنة في الفقه الإسلامي A Summary of The Criminal Force and Terrorism's Research, a study in the light of Islamic jurisprudence and Syrian and Sudanese Laws. This research handles the criminal force and terrorism in accordance with Islamic jurisprudence compared with the laws of Syria and Sudan. It involves two matters: The first searches into the criminal force defined as using force against one's freedom to commit a crime, damage, bother, hurt or scare. This crime has three comers: 1. Physical done by using force against others. 2. Incorporeal: the intention to hurt by force. 3. Jural: this is the very textual law that condemns the act and penalizes the resultant. Then the research pinpoints, abiding Islamic jurisprudehce, the punishment of committing the crime. It is a penalty issued and judged only by the judicial authority because it is not detailed as Qisaas. This punishment is issued by virtue of N.143 Sudanese and N.559 Syrian Law Articles. The second probes terrorism defined as threatening others. This also has three corners: 1- Physical as a process of threatening. 2- Incorporeal by the intention and will to commit the crime. 3- Jural as having a text condemns the act. Then it shows, abiding Islamic jurisprudence, the punishment of the crime, which is issued and judged by the judicial authority by virtue of N.144 Sudanese and N.560-564 Syrian Law Articles

Between Foreigners, Strangers and Jews: The Changing Perception of Parisian Jews on the Eve of the 1306 Expulsion

An unpublished document from late thirteenth-century Paris contains evidence of a Jewish-Christian public confrontation, on the one hand, and of Jewish-Christian economic criminal collaboration on the other. Using methods of micro-history, this article traces the story of Merot the Jew and his father-in-law, Benoait of St. Denis, who were caught attempting to smuggle merchandise by way of the River Seine. Their story is told in a verdict handed down by the parloir de Paris, the municipal judicial authority in charge of economic infractions. The parloir decreed the complete confiscation of Merot and Benoait’s merchandise on the grounds that “they were foreigners.” Taking this terminology as a point of departure, this paper tackles broader socio-economic aspects of belonging and foreignness among medieval Parisian Jews, and asks: in what ways were Jews considered “foreigners” in late thirteenth-century Paris? What were the implications of such a designation, and how did these perceptions change in the years leading up to the expulsion of 1306?

Evolution of the Roman Republican Senate: Composition, Election, and Judicial Functions (Part 2)

The paper deals with the Roman senatus in the period from 5th to 3rd century BC, from the point of view of its composition, completion and selected competences. As to its composition, in the most arcaic times of the Roman state, the senate was an assembly of the heads of clans (patres gentium), who represented the ideas of patricians. The autor presents gradual transformation of the composition of the senate and switch towards the inclusion of the plebeians. It describes also the process of the cooptation of the members, rules of which incurred fundamental changes from the hereditary principles to the regulation given by statutes. A significant part of the article is devoted to the judicial functions of the Senate and the relationship between the iudicium senatus and the iudicium populi, the transformation of the Senate court from a regional body to the highest, global court of the entire Mediterranean. It’s noted that if the original Roman Senate de iure was the judicial authority only one of the Latin Confederation, later after 338 BC, it becomes the Supreme court of the Latin Union, and by the end of the Republic is transformed into the «Supreme Council of the world».

MEDIATION IN CRIMINAL CASES

The importance of this research is that it deals with the issue of criminal mediation, which is a method by which some disputes are resolved and an end to criminal follow-up. This method is considered one of the means of dealing with the phenomenon of simple crime in a smooth manner that distances the grudge and hatred between the offender and the victim. mediation between the offender and the victim takes in many ways agreed upon by both parties. Reconciliation in general and mediation in particular result in the consolidation of social peace and the removal of resentment and hatred between members of the same community. The Algerian legislator was interested in measures of a conciliatory nature, as he devoted an entire chapter to mediation. Mediation does not detract from the value of the judicial authority, as it is conducted under its supervision and control. It also saves time, effort and price for the offender and the victim, and for justice to take care of the most complex cases.

Administrative Procedure and Judicial Review in Switzerland

This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law preclude the determination by the courts of certain exceptional categories of case'. It is widely recognized that Article 29a Cst. grants the right of judicial review of administrative action to everyone whose rights or obligations are affected by such an action. Judicial review of administrative action is entrusted partly to courts with general jurisdiction, partly to specialized administrative courts, and partly to specific independent appellate committees. As a general principle, procedural rights are deemed 'formal rights' by the Federal Tribunal, whose violation would cause the act or the measure at stake to be quashed irrespective of its substantive merits. However, there are certain acts or measures issued by Swiss authorities which escape judicial control, when those acts or measures are primarily of a political nature. When an act is appealed before a court, the only question at stake is the validity of the act. If the court finds it unlawful for procedural or substantive reasons, it will either quash it or modify it to make it lawful.

PERANAN MAHKAMAH AGUNG DALAM PENEGAKAN HUKUM DAN KEADILAN MELALUI KEKUASAAN KEHAKIMAN

Judicial power is an independent power to conduct justice and to uphold law and justice. One of the executors of the judicial power was carried out by the Supreme Court. The role of the Supreme Court as the executor of judicial power is urgently needed as a suppressor of any violation of the law, the last place is seeking truth and justice, and the guardian of citizen freedom from all forms of violations of Human Rights. This Research has a formulation of the problem what is the role of the Supreme Court in upholding law and justice and what are the driving factors and obstacles to the Supreme Court in carrying out its role throught the judicial authority. The purpose of this study is to know and understand the extent to which the independence and independence of the Supreme Court at this time, to understand the role of the Supreme Court in upholding law and justice, and to know the driving factors and obstacles of the Supreme Court in carrying out its role through judicial power. Based on the analysis carried out, it was concluded that the Supreme Court in carrying out its duties and functions has 2 (two) roles, that is as the the Supreme Court Judiciary that carries out the judicial function of making regulations to fill the vacancy in order to smooth the judicial process as a State High Institutions that carries out non-judicial functions, which includes providing legal considerations/advice to other State High Institutions.

Introduction

This introduction sets the stage for the most creative period of constitutionalism in American history. During the five or six decades between the early 1760s and the early nineteenth century, Americans debated and explored all aspects of politics and constitution-making—the nature of power and liberty, the differing ideas of representation, the importance of rights, the division of authority between different spheres of government or federalism, the doctrine of sovereignty, the limits of judicial authority, and the significance of written constitutions. Rarely has any nation in such a short period of time discussed and debated so many issues of constitutionalism and created so many institutions of government, institutions that have lasted for over two hundred years.