The reconciliation of the development and implementation of police accountability in the United Kingdom

The objects of this research are: first, to explain some of the issues surrounding police accountability in the United Kingdom. Second, to make attempts in reconciling two opposing views as to whom police in the UK are accountable for? Third, to clarify the vagueness and ambiguous definitional concepts of the police constable, constabulary independence, and the use of police discretionary powers. The author investigated the following problems: lack of police proper accountability, vague and ambiguous meaning of constabulary independence constable oath of office, and the use of police discretionary powers. The main results of the research are: first, more clarity is needed as to whom is the British police accountable to? Second, a review of the current oath of office for police constable, the implementation of finding by previous committees set up by government: Lord Scarman, Rt Hon Christopher Patten, and Lord Nolan reports. Third, the monitoring of police officers' use of discretionary powers. The area of practical use of the research: is for all citizens, directly or indirectly affected by police and safer communities. Criminal justice students in higher institutions and criminal justice practitioners, government officials, and policymakers.

The scope of the margin of appreciation in the jurisprudence of the European Court of Human Rights

The article analyzes the essence and features of the application of the doctrine of margin of appreciation in the jurisprudence of the European Court of Human Rights. It has been established that the margin of appreciation can be wide or narrow. The factors influencing the scope of the state’s margin of appreciation while effectively ensuring and protecting the rights guaranteed by the European Convention on Human Rights have been identified and examined. The core criteria and principles of law, which are applied and developed in its case-law by the European Court of Human Rights when granting a certain scope of discretionary powers, have been studied. It is concluded that the key task of the European Court of Human Rights is to exercise effective review over the ensuring and protection of human rights and freedoms enshrined by the European Convention on Human Rights. When defining and granting the margin of appreciation, the European Court of Human Rights is guided by the principles of subsidiarity and proportionality. The scope of the state’s discretion always depends on the circumstances of each particular case, the type and specifics of the violated and/or limited right, its significance for the individual, the characteristics of competing interests, the background and context of the interference, the presence or absence of the European consensus on the issue at stake, the purpose of the interference, the degree of its intensity and the duration, the nature of restrictive measures and their results, as well as the proportionality of the restriction of human rights and freedoms.

ELIGIBILITY OF THE FURTHER DELEGATION OF THE DICRETIONARY POWERS TO THE NATIONAL BANK OF UKRAINE

The article presents the results of the analysis of the functions of National Bank of Ukraine and the Bank of England through the prism of the challenges imposed by the dynamic nature of the society and globalization processes. The article highlights the different approach used by two different countries (Ukraine and the U.K.) while implementing the same provisions of the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 On payment services in the international market into the domestic law. By the research it is proved that in order to guarantee the financial stability and at the same time provide the function of a supervisor, the central bank of a particular country does not need to have unlimited discretionary powers. In lieu of that, balanced system consisting of a range of fully and or partially independent from each other financial institutions and authorities shall cooperate and co-function under understandable and transparent rules. The article partly underlines the dichotomy between the principles set by the European requirements in particular by the Directive (EU) 2015/2366 and the way in which the same is being implemented in Ukraine. The Bill «On payment services» № 4364 dated 12.11.2020 contains the provisions empowering the National Bank of Ukraine to act as a regulator and supervisor of financial payments market and simultaneously as a participant on the same market. Moreover, the broad discretionary powers of the central bank in Ukraine entails also some legislative functions. Such broad and even discriminatory powers which the National Bank of Ukraine might have are not in line with the European principles in particular and the rule of the separation of powers in general. The distinction between the functions of the monetary regulator and supervisor of the financial payment institutions which the different institutions have in the UK proves that it is possible to reach a balance and to equilibrate the influence of the Central Bank and the Ministry of Finance and their relevant subordinate bodies in order to protect the financial stability and the sound state of the economy of the country. Keywords: independence, payment services, discretion, implementation, financial stability, prudence, legal regulation, European principles. JEL Classіfіcatіon E580, G23, G28, K20 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 22.

Asking for Young Offenders: What is the Fate of Restorative Justice within Nigeria's Discretionary Diversion Policy?

The young offenders’ justice system in Nigeria represents an area where the law has failed to respond properly to the needs it was designed for. Many empirical studies conducted over 17 years show that young offenders in Nigeria are continuously subjected to the state-sanctioned processes and practices—the formal justice system—which goes against the best interest of the child principle. This is despite the fact that Nigeria has ratified the United Nations Convention on the Rights of the Child and domesticated it through the Child’s Rights Act 2003 (CRA). The problem is that the diversion policy framework under the CRA offers discretionary powers to state officials who drive the formal justice system. This allows these officials to choose whether to divert cases and to select which restorative justice mechanisms to divert to at any level of the young offenders’ justice system. This paper argues that taking away such discretionary powers can help to improve the treatment of young offenders under the Nigerian criminal justice system. Drawing lessons from New Zealand, this paper suggests, among others, a mandatory diversion policy for a committed practice of juvenile restorative justice in Nigeria.

On the issues of judicial control over the discretion of the authority

Purpose: The purpose of the article is to define the concept of «discretionary powers», to formulate conclusions on the limits of discretionary powers of government authorities, to analyze the limits of judicial control over discretionary powers, the correlation between court procedural discretion and public administration discretion. Methods: The theoretical and methodological basis of the study are modern general scientific and special legal methods of scientific knowledge. The formal-logical method and the method of analysis and synthesis are used in the study of doctrinal provisions on the concept of «discretionary powers». The method of comparative legal analysis is used in the study of foreign models of judicial control over the exercise of discretionary powers. Results: The article defines the concept of «discretionary powers», considers the types of administrative discretion, approaches to the scope of judicial control over the implementation of discretionary powers in different European countries, givthe criteria for effective judicial control over the exercise of discretionary powers. Conclusions: The attribute of effective judicial protection against illegal activity in the exercise of discretionary powers is the issuance of a court decision that makes it impossible to re-apply to the administrative body or re-resolve the same issue. Based on this, it is concluded that in Ukraine it is appropriate to apply the model of full judicial control, and the recognition of the disputed decision as illegal with the obligation to re-adopt the administrative decision is contrary to the rule of law principle, except the situations when: - there was no real consideration of the issue as such (non-compliance with the decision-making procedure, decision-making by an inappropriate subject); - there is an exclusive competence of the relevant body to make a specific decision (assign a rank, military rank, etc.). Keywords: rule of law, administrative discretion, procedural discretion, judicial control, remedies.

16. Illegality

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines ‘illegality’ as a ground for judicial review. Central to judicial review is the idea of ultra vires, which is the principle that public authorities have to act within their legal powers and that if they act or fail to act consistently with their legal powers, they will be acting unlawfully. Case law on the exercise of discretionary powers by public authorities is discussed in depth. In addition, the public-sector equality duty in section 149 of the Equality Act 2010 is explained. The concept of jurisdiction and the distinction between error of law and error of fact are also included under this ground of review.

3. The rule of law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.

Peace research meets implementation studies: the role of implementing actors

In spite of a vibrant debate about the genesis, logic and effects of peace operations, peace research remains poorly equipped to account for how policies are implemented and ‘translated into practice’ – issues that have been the focus in implementation studies for nearly five decades. In response, we propose a merger of certain strands of peace research with bottom-up implementation studies, which forefronts the role of ‘implementing actors’, namely, those actors who are granted the discretionary powers to carry out policies in their daily encounter with local counterparts on the ground. Through a case study of peace operations in the Democratic Republic of the Congo (DRC), we show that successful policy implementation depends on that field-based implementing actors are provided with discretionary powers to use their skill, judgement and local knowledge to solve problems and ensure implementation of peace operations on the ground. There is a need for a paradigm change within peace research in order to account for these findings. Better understanding of the daily work carried out by implementing actors in the field makes it possible to avoid many of the pitfalls and shortcomings we have witnessed through several decades of flawed or even devastating peace operations such as the one in DRC.

KEKUASAAN DISKRESI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL

In this article the author discusses the discretionary powers granted to Labour Dispute Court judges. Better known, in comparison, are the discretionary powers of criminal court judges in determining penal sanctions or of Islamic court judges when granting dispensation to marry for underage couples. Using a juridical normative method, the discussion focusses on the principles underlying the Labour Dispute Court judge’ discretionary powers and its implementation. The analysis shows that Labour Dispute Court judges do have and enjoy discretionary powers in determining betterment of working conditions, how to best fill gaps or seek clarity in the face of ambiguous rules and regulations found in work contract, company regulations or collective work agreement.

Administrative Justice in Street-Level Decision-Making

Street-level bureaucrats’ discretionary powers play an increasingly important role in public service provision and law enforcement. In order to deal with societal challenges, legislators and policy-makers leave room for professional judgment by formulating open laws, rules, and policies. In making responsive decisions, however, that is, when treating different cases differently, street-level bureaucrats do not necessarily attach less value to treating similar cases alike. This chapter discusses how two notions of fairness—treating similar cases alike and treating dissimilar cases differently—are studied in street-level bureaucracy literature, and sheds light on the factors that influence how bureaucrats behave in this regard. Subsequently, it is explored how street-level bureaucrats could enhance equality of treatment when rules run out. The chapter concludes with an agenda for future research.