Development of the justice mechanism: testing justice

Liberal theorists of justice like John Rawls have long maintained that a theory of justice should apply primarily to the institutional mechanisms of society, and only derivatively to the behavior of individuals within institutions. Institutions of taxation, for example, may be just or unjust by the lights of a theory of justice, but such a theory should deem the behavior of individuals unjust only insofar as that behavior undermines just institutions. As Rawls puts it, "we are to comply with and to do our share in just institutions when they exist and apply to us, [and] we are to assist in the establishment of just arrangements when they do not exist." 1 Critics of this restricted conception of justice (hereafter RCJ) argue that a theory of justice should judge individual behavior directly, even when that behavior complies with just institutions. These critics have tended to focus on two kinds of behavior that they argue should fall within the subject matter of a theory of justice: the "market-maximizing" behavior of economic agents who demand incentives to exercise I would like to thank Harry Brighouse and Jeff Behrends for many helpful conversations that have influenced my thinking on this topic. This article is much better because of their probing questions and generous suggestions. Thanks also to Claudia Card,

Protection of constitutional identity in light of the jurisprudence of the Constitutional Court of the Republic of Poland – a comparative study

This study aims to determine the regulation on customary justice in the traditionalrules of awig-awig of pakraman village, the rules made by the customarycommunity unit of Pakraman village in Bali. This study focused on structure,competency, mechanism, and principle of customary justice. The result shows thatstructure and competency of customary justice have been regulated clearly onawig-awig of pakraman village, but the mechanism of customary justice doesn’tregulated clearly. Awig-awig of desa pakraman only regulates initial mechanism,namely the process of filing a case, but does not regulate mechanisms after thecase was subsequently processed by the customary justice. It can be identifiedsome principles in awig awig of pakraman village to be a guidance for thecustomary courts in resolving cases that occur on it’s jurisdiction

The article presents and solves the scientific problem of identifying the legal nature and content of social justice as an integral part of the principle of justice. The theoretical and normative basis of the study were scientific works of domestic and foreign scientists in the field of jurisprudence, philosophy, political science, sociology, history. They are devoted to the general problems of the essence of the principle of justice, its value and normative content, social and legal nature of the principle of justice, issues of legal certainty and stability of legal regulation, specific problems of implementation of the constitutional principle of justice. The problem of justice, namely social justice becomes especially relevant in the context of globalization. The practice of the Constitutional Court of Ukraine shows that the Constitution of Ukraine does not enshrine the principle of social justice in a direct form, but the entire legal system is based on the idea of justice. It is established that justice essentially reflects the realities of a society, the level of its cultural and legal maturity. It can manifest itself at different social levels, in different spatial and temporal dimensions. Thus, correlating the concepts of justice and law, justice can be considered as a legal standard with which the real socio-economic, political, financial, moral and ideological relations. Justice is not only a moral, philosophical category, but, first of all, a legal one. Justice is a legal phenomenon that relates to the very essence of law and is the distinguishing feature between law and the principles of law. In addition, it is a phenomenon of morality, because it is an idea that determines the moral principles of society. It should be noted that in some cases the application of the principle of justice is complicated, for example, when it conflicts with the principle of legality. Attention is drawn to the fact that in our state the principle of justice is not fully implemented. Social justice is the most important social value, a creative phenomenon that contributes to the reform of society on the basis of democ-racy and humanism.

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution of the Republic of Indonesia regulates guarantees for the exploitation of electricity supply which is controlled by the state which is used for the maximum prosperity of the people. However, in an effort to increase the country's ability to supply electricity, the government provides opportunities for private business entities, cooperatives and non-governmental organizations to participate in the electricity supply business. Problems arise when there is a PT PLN (Persero) policy that limits the rights of private actors in supplying electricity. The problem in this study is how is the principle of justice in the implementation of regulations in the electricity sector towards private parties in the business of providing electricity? The research method used is normative juridical. The results of the study reveal that the principle of justice in the implementation of regulations in the electricity sector towards private parties in the business of supplying electricity is contrary to the principle of distributive justice. The actions of PT PLN (Persero) regarding making it difficult for the installed power capacity of the development of rooftop PLTS to a maximum of 15% in several regions are inseparable from the Indonesian ideology which is based on nationalist understanding which is more concerned with domestic interests. If PT PLN (Persero) could pay attention to the Constitutional Court Decision Number 111/PUU-XIII/2015 which states that the phrase "state control" accommodates the Constitutional Court not in the sense that the state owns it, but in the sense that the state only formulates it including regulatory aspects (regelendaad) , management (bestuursdaad), management (beheersdaad), and supervision (toezichthondensdaad).

The concept of ethics has evolved over millennia, becoming not only a guide for individual behavior but also a cornerstone of public and state systems. In order to present the ethical system in depth, we first addressed the fundamental philosophical questions that lie at the core of human thought. Based on these foundations, we developed the philosophical inquiries of “Armenian National Ethics”, positioning them as key tenets that reveal the essence of Armenian national thought. Within this ethical framework, we identified the principle and mechanism of justice, rooted in virtue, without which a functional state system is impossible. The article aims to reject the mindset of “turning the homeland into ruins.” We connected Armenian National Ethics directly with the Law on Public Service Ethics of the Republic of Armenia, emphasizing the critical importance of maintaining the ethical system and its principles for the effective functioning of a national state structure. We approached Armenian National Ethics through the most fundamental philosophical questions of thought, developing it up to the normative legal requirements of the Republic of Armenia—once again proving that a system of public ethics is not merely coercive, but an expression of the political consciousness of society and the “thought of the heart,” that is, conscience. By viewing the state as the highest expression of the public interest, we have redefined it as the primary mechanism for serving personal interest and as a necessary condition for its realization. The ethical system can function only through the joint and simultaneous engagement of both the public and the public servant.

The article analyzes the formation and development of the legal status of the Constitutional Court of the Russian Federation as a specialized body of constitutional control, independently exercising judicial power through constitutional litigation. Today, the Constitutional Court in Russia is one of the most significant organizations of state power, solving the main topical issues and performing a special function in the work of the state and its legal system. The analysis of the role of this judicial structure in the functioning of the Russian state necessitates a review of certain periods of its evolution as a body of constitutional jurisdiction. Constitutional court proceedings have a number of peculiarities compared to other types of proceedings. First of all, the principle of unity of judicial power within the framework of judicial constitutional review has a significant specificity as it is combined with the principle of decentralisation. The specific nature of constitutional justice also manifests itself in the operation of other principles of justice, in the legal position of the participants in the constitutional process, and in the special legal nature of the decisions of the constitutional justice bodies. Most of the studies of court proceedings were conducted within the framework of civil and criminal procedural law, as well as the study of the issues of proceedings on administrative offences within the framework of administrative law, the procedural rules were not given due attention by specialists in the field of constitutional law.

The article highlights the relationship between the idea of fairness and the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine. It is pointed out that the entire legal system in the world, declarative-formal or real, is based on the idea of fairness, and accordingly, all judicial bodies, including the Constitutional Court of Ukraine are called to serve this idea. Since the main task of the Constitutional Court of Ukraine is to guarantee the supremacy of the Constitution as the Basic Law of the state throughout Ukraine, the basic principles on which the justice system develops and operates are determined by the Constitution of Ukraine. To ensure and protect them by the Basic Law, the only body of constitutional jurisdiction, the Constitutional Court of Ukraine, is empowered to exercise judicial constitutional control over legislation, international law and other bylaws. The paper reveals the relationship between the idea of fairness, which is not formally defined in the constitutional norms, and the principles that serve the purpose of justice, which is protected by a single body of constitutional jurisdiction of Ukraine. It is also presumed that the principle of fairness plays an important role when there are gaps in the legislation; when judges need to apply not the analogy of law but the analogy of law. Fairness is also a moral category. Accordingly, the resolution of the dispute depends on the moral qualities of the judge, his legal culture and legal awareness, awareness of their responsibility to the parties. Conclusions are offered that the principles of justice are the basic preconditions, the intellectual and spiritual basis that serve to embody the idea of fairness. In turn, the principles are a tool to ensure it on the basis of their actual application and interaction. And in terms of the relationship of the idea of fairness with the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine, it should be emphasized that although the Constitutional Court of Ukraine is not part of the judiciary, its procedural activities should be based on principles of justice should be implemented in close connection with the idea of fairness in order to implement it in public relations.

Within the human rights sector, suggestions are made that one way in which a post-conflict society can build durable peace is by making sure that ‘those who bear the greatest responsibility’ are held to account. This perspective is more forcefully captured within the ‘transitional justice’ paradigm, which though a relatively new sub-set is a dominant trend in prevailing human rights discourse. Another new industry along this trajectory is the peacebuilding and development paradigm which posits that building a culture of peace can only be entrenched once issues related to the material improvement in the lived conditions of the broader population are taken aboard and addressed adequately. This article will seek to examine the post-conflict accountability and justice mechanisms in Liberia through transitional justice, peacebuilding and development frameworks. Also, the article will capture Liberia's history, especially the conduct of the war years, contemporary Liberian politics, and the upcoming Presidential and Legislative Elections in an effort to tease out the challenges and prospects in ‘holding those who bear the greatest responsibility’ for human rights abuses and the economic collapse of the country. Of particular concern as well is to examine the role of the international community as embodied by the Bretton Woods Institutions and international non-governmental organisations in respect of the policy options that are ‘imposed’ upon national actors active within a post-conflict society. In the main, the article will attempt to examine how Liberia can rebuild itself while at the same time ensure that principles of accountability and justice, especially in regards to war crimes and crimes against humanity, including genocide, are addressed. After almost eight years of peace in the country, it is important to open the debates about the way forward in Liberia in respect of human rights, peace and economic development. The urgency for such a discourse is made even more compelling by the situation in La Cote d'Ivoire, where a political impasse has resulted in violence and has led to civil war. La Cote d'Ivoire borders Liberia and the country played a major role in the Liberian civil war that was started in 1989 and ended in 2003. The conduct, the form, the manner and the content of the conflict in La Cote d'Ivoire will have significant impact on how Liberia entrenches a culture of peace, human rights, political and ethnic tolerance as well as economic development.

This article is the second in a series of author's articles devoted to the mechanism of non-federal justice . According to the author, after the adoption of the Federal Law “On magistrates in the Russian Federation” in 1998, almost all 23 amendments and additions to it led to the federalization of the Justice of the peace. The author suggests returning to its origins, roots, traditions – the time of the Judicial reform of the Russian Empire in 1864, when the world justice system was first created – based on a soundly developed legislative foundation. It is proposed to change the current vector of development of the legislative regulation of world justice from its federalization to its autonomization, its complete separation from the federal mechanism of justice. In particular: to transfer to the jurisdiction of magistrates the consideration of “minor” economic disputes; in sparsely populated areas to introduce mandatory election of magistrates; in all procedural codes to introduce provisions on simplification of judicial procedures for magistrates; the appellate and cassation instances should be created in the form of the appellate chamber of the district and the cassation chamber of the subject of the Russian Federation, consisting of magistrates who administer justice, respectively, in the district and the subject of the Russian Federation, etc.

The Constitutional Court (MK) decision number 90/PUU-XXI/2023 regarding the minimum age requirements for Presidential and Vice Presidential candidates has given rise to various discussions, especially in the legal context. This article aims to analyze this decision from the perspective of Islamic law. In Islamic law, leaders must have adequate leadership qualities, including maturity in age. The Qur'an emphasizes the importance of maturity in carrying out responsibilities, and age is often considered a factor that reflects this maturity. However, Islamic law also provides room for interpretation and the context of changing times. The Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates can be seen from the perspective of Islamic law as a policy that seeks to achieve a balance between realistic requirements and the principles firmly held in Islam. In this research there are two focuses of discussion, namely, what are the principles of justice in the decision of the constitutional court number 90/PUU-XXI/2023?, secondly, what is the decision of the constitutional court number 90/PUU-XXI/2023 from the perspective of Islamic law?. The research method used in this research uses qualitative research methodology. Qualitative methods are research procedures whose results are ultimately in the form of descriptive data which includes written words. Overall, the Constitutional Court's decision regarding the minimum age requirements for Presidential and Vice Presidential candidates offers a starting point for exploring the relationship between positive law and Islamic law in the context of political leadership. However, further discussion is still needed to determine the extent to which the application of the minimum age requirement is in accordance with deeper Islamic values.

Isu hukum tulisan ini adalah apakah verifikasi faktual partai politik calon peserta pemilu 2019 kepada semua parpol seperti tertuang dalam Putusan Mahkamah Konstitusi Nomor 53/PUU-XV/2017, telah sesuai dengan prinsip keadilan?” Putusan Mahkamah Konstitusi tersebut bertujuan agar tercipta keadilan pemilu. Sehingga seluruh partai politik harus mengikuti verifikasi faktual partai politik yang diselenggarakan oleh Komisi Pemilihan Umum. Mahkamah Konstitusi mendasarkan pendapat konstitusionalnya pada Pasal 27 ayat (1) dan Pasal 28D ayat (3) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Sebagai dasar putusan tentu keputusan tersebut sudah pada tempatnya, tetapi kurang substansial. Mahkamah Konstitusi memberikan pertimbangan hukum tentang keadilan hanya menggunakan ‘prinsip persamaan’, padahal dalam teori keadilan juga mengkaji mengenai ‘prinsip perbedaan’. Sehingga Mahkamah Konstitusi perlu menambahkan alasan hukum dalam putusannya mengenai prinsip perbedaan dalam teori keadilan.

The article examines aspects of the generalization of problems in the field of integrity of judges in modern conditions of political and legal reality. The integrity of judges is the basis for ensuring civil rights and freedoms, as well as for fulfilling the important role of judges in ensuring a just society. In the context of judicial reform in Ukraine, the integrity of judges acts as a strategic tool for ensuring the independence and transparency of the judicial system, contributes to strengthening citizens' trust in the judiciary and increasing the authority of the court in society. It has been established that in the context of the purification of the judiciary, the integrity of the courts becomes a key tool for identifying and using negative phenomena, such as corruption, impartiality and other violations of ethical norms. This requires judges to follow not only the letter of the law, but also the higher principles of justice, which are based on general human rights and principles of justice. It is motivated that trust in the judicial system is based on society's deep understanding of equality before the law and the independence of the judiciary from the influence of political or other external factors, acting as a key element of the legitimation of power and the legal system as a whole. Therefore, it is summarized that the judicial system, as a reflector in the entire legal system, bears a huge responsibility to society and the state as a whole, contributing to establishing trust in the legal system and supporting the principles of equality and justice. The following problems in the field of integrity of judges in the modern political and legal reality are singled out: moral instability of representatives of the judiciary and the dilemma of individual morality in the context of a court decision; political influence on judges and the process of administration of justice; systemic defects and moral and ethical orientation of the judicial system, here it is important to take into account that the judicial system itself can write internal defects and conflicts of interests that can undermine the integrity of judges; intercultural dissonance and problems of sociocultural adaptation of judges in international aspects of the implementation of multifaceted social space.

The “unfinished business” of having to deal with the immediate Communist past elicited somewhat varied responses in CEE. This Chapter discusses in particular two main mechanisms of transitional justice, and constitutional courts’ responses to these measures: lustration/decommunisation and the suspension of statutes of limitations in respect of politically motivated crimes. On the issue of lustration and decommunisation, the main dilemma identified here was the clash between the socially popular concept of retributive justice and the official, legal-political rationales given to the lustration and decommunisation laws, which were future-oriented, consequentiality and prudential in their nature. The Chapter surveys main approaches, starting with the rigorous approach (as in the Czech Republic), through intermediate ones (e.g. in Albania and the Baltic states) to lenient approaches (e.g. in Poland). With regard to criminal liability for political crimes committed by regime officials in the past, a fundamental line can be drawn between those constitutional systems that have adopted the narrative of a sharp break with the past – and hence, find no need to be bound by the legal commitments reflected in the statutes of limitations – and those systems that asserted continuity and insisted upon strict observance of the rule of law and respect for statutes of limitations. The distinction lies in understanding the degree of constitutional continuity with the past, and also in the institutional division of roles played by the political institutions and the constitutional courts in defining the right mix of continuity and discontinuity.