Court Of Law Research Articles

An assessment on the influence of planning strategy on service delivery in Meru High Court

Despite numerous reforms, the Judiciary of Kenya has seen a rise in complaints about its service delivery. Common issues include slow service, missing files, corruption, delayed rulings, and delayed orders. This increase in complaints is surprising given the efforts to improve the judiciary's service delivery. Consequently, it is important to examine the planning strategies within the Judiciary and how they impact service delivery. This area has rarely been studied, leading to a lack of understanding in the existing literature about the effects of planning on service delivery in Kenya's Judiciary. This study aimed to fill that gap by focusing on the Meru High Court. The study aimed to examine the impact of planning strategy on service delivery at the Meru High Court, with a target population of 86 respondents. The research was guided by Kotter’s Eight Step Change Model. A descriptive survey design was employed. Before collecting the main data, a pilot test with 9 respondents was conducted at the Chuka Law Courts to assess the questionnaire's reliability and validity. Data analysis involved descriptive statistics such as frequency distribution, percentages, mean, and SD, along with regression and correlation analyses. The findings showed that a plan is created prior to implementing any changes. Respondents confirmed that the information provided by the Judiciary regarding changes is both reliable and pertinent. The research is significant as it helps the Judiciary understand how planning strategies affect service delivery.

Russian Public Assembly Law: Constitutional Evolution 1993–2023

The current Public Assembly Law in the Russian Federation, which regulates the implementation of the constitutional right to freedom of peaceful assembly in Russia, has been developed and formed over the course of the past three decades, following the ratification of the Russian Constitution in 1993. The Public Assembly Law can be described as an important institute of public law as well as a sub-branch of the constitutional law of Russia, which combines constitutional provisions, relevant norms of the federal and regional laws and case law of the Russian Constitutional Court regarding the implementation of the Freedom of Peaceful Assembly. The modern Public Assembly Law has high importance for the development of a democratic society and for the rule of law. The author investigates the constitutional adjudication of the Russian Constitutional Court from 1993–2023, focusing in particular on its eleven judgments concerning the implementation of Article 31 of the Russian Constitution, which defines the constitutional standards of the Freedom of Peaceful Assembly. The author also examines several prominent cases of the Russian Constitutional Court, referred to as decisions with positive content, which are crucial for obtaining a systemic overview of the current problems of the Public Assembly Law in the Russian Federation.

Negotiated Agreements as an Alternative to Criminal Trials: Policy Lessons from the Hungarian Example

Abstract This paper looks at ways of speeding up domestic criminal proceedings. Both the Charter of Fundamental Rights of the European Union and the case law of the European Court of Human Rights in Strasbourg encourage Member States to ensure that their courts deliver judgments within a reasonable time. The present paper deals with the new Hungarian cooperation system, including the trial waiver and the preparatory session, which is a pre-trial meeting in the court phase. These have achieved significant results in speeding up and simplifying proceedings without limiting the rights of the accused and offer a genuine rule of law solution for efficient criminal proceedings, all while preventing unjustified delays in proceedings. Initial experience in practice has shown that these Hungarian legal instruments could serve as an excellent example for countries facing similar challenges in developing criminal politics and criminal justice policies.

Patient held medical records in public hospitals in Bulawayo

The purpose of the study was to examine the use and handling of PHMRs by patients and the clinical staff at public hospitals in the Bulawayo Province. The study employed a qualitative research methodology in which open ended questionnaires were used to collect data. Data were collected from doctors, nurses, records clerks and patients at 2 of the 4 targeted major public hospitals in Bulawayo, giving a total of 150 participants. This study revealed that PHMRs contained vital patient health information such as diagnosis, patient name, and prescribed medications. PHMRs did not have an official uniform structure, and patients used whatever booklets that were affordable to them. In some cases, patients used pieces of paper, although this was not encouraged. PHMRs were considered as legal records that are admissible in courts of law on the basis of them being authenticated by dating, officially stamped and signed by the attending medical practitioner. However, there were cases of unlawful manipulation of PHMRs through editing by patients, and in some cases, documentation incompleteness of the PHMR. The study further found out that the biggest challenge faced in the use of PHMRs was their loss by patients, which negatively impacted health care service delivery. The study recommends that patients be continuously educated about the importance of, and effectively managing their PHMRs for the purposes of continued health care delivery and accessibility. The study further recommended the use of structured hospital-designed booklets that patients can purchase at the hospital. This would avoid the use of any type of book/booklets and pieces of paper. The Ministry of Health and Child Health Care in Zimbabwe needs to consider introducing personalised electronic health records as alternatives to physical PHMRs.

TEORI EFEKTIVITAS PADA PROSEDUR PEMERIKSAAN PERKARA DI PENGADILAN TATA USAHA NEGARA

The purpose of this research is first to discover the development of case examination procedures in the current State Administrative Court. Second, to determine the current case examination procedure in the State Administrative Court associated with the Theory of Effectiveness. The type of research used is normative research which places the law as a system of norms, with descriptive analytical methods, namely by describing existing problems and analyzing them. The results of this study show First, there has been an expansion of the competence of the State Administrative Court in receiving, examining & adjudicating a case. The State Administrative Court Law that has not regulated this has resulted in a procedural law vacuum so that the Supreme Court in the 2011-2017 timeframe issued its legal products in the form of Supreme Court Regulations, namely the State Administrative Court Law which previously only regulated 3 types of case examination procedures, namely ordinary examination, simple examination, and rapid examination, currently there are several new case examination procedures regulated in 5 Supreme Court Regulations. Second, in terms of one of the factors in the Theory of Effectiveness, namely the legal factor itself (the law), this factor states that to determine whether a written law functions or not depends on the rule of law itself, one measure of the success of this factor is that the existing rules regarding certain areas of life are quite synchronous / there is no horizontal conflict & hierarchy, but the current main regulation, namely the State Administrative Court Law, in fact has not been synchronised with other regulations issued by the Supreme Court in the form of Supreme Court regulations which aim to fill the void of procedural law, especially the law of examination.

The Erosion of Privacy in the Digital Age: A Constitutional Challenge in Indonesia

The digital age has revolutionized communication and information access, but it has also brought significant challenges to the fundamental right to privacy. In Indonesia, the legal framework struggles to keep pace with technological advancements, raising concerns about the erosion of privacy protections. This study examines the constitutional challenges and practical implications of digital privacy erosion in Indonesia. This study employs a mixed-methods approach. First, a comprehensive review of Indonesian constitutional law, privacy legislation, and relevant court decisions is conducted. Second, observational data is collected through a survey of Indonesian internet users (n = 500) to assess their privacy awareness, experiences with data breaches, and perceptions of legal protections. Data analysis involves both qualitative legal interpretation and quantitative statistical analysis. The study reveals a significant gap between constitutional guarantees of privacy and the reality of data collection and surveillance practices in Indonesia. Observational data highlights widespread concerns among Indonesian internet users about privacy violations, with a majority experiencing data breaches and feeling inadequately protected by existing laws. Legal analysis indicates that existing legislation is often vague, outdated, and fails to address the unique challenges posed by digital technologies. In conclusion, this study underscores the urgent need for comprehensive legal reforms in Indonesia to protect digital privacy. Constitutional challenges must be addressed through clear and enforceable legislation that aligns with international standards. Additionally, public awareness campaigns and educational initiatives are crucial to empower individuals to protect their personal information in the digital age.

The role of Turkish administrative courts in developing jurisprudence on refugee rights: review of the judgments of the administrative courts from 2014 to 2021

ABSTRACT Turkish administrative courts have a unique role in developing jurisprudence after the adoption of the Law on Foreigners and International Protection in 2014. This article analyses Turkish administrative courts' judgements from 2014 to January 2021 and examines whether there is consistency in the case law of the administrative courts. This article concludes that the decision-making of the administrative courts is still too much of a lottery. There are three main reasons that lead to inconsistencies in the jurisprudence of the administrative courts. The first reason is that court decisions explaining the reasons for their adjudication are not published. Second, some articles in the asylum law give large discretion to the administrative authorities under public security and public order. The third reason is deficiencies in the training of administrative judges and a lack of case law.

Constitutional public reason book symposium: public reason and the smoking out of illicit motives

This article reviews Wojciech Sadurski’s book on public reason. Sadurski’s main argument is that courts can determine whether a law expresses fundamental respect for persons by performing a motive review. The review will focus predominantly on the second part of Sadurski’s book where he reconstructs the domestic case law of different constitutional and supreme courts to highlight that these courts often make use of a motive review without explicitly saying so. The article offers four comments: first, I believe that Sadurski’s reconstruction of the case law of different constitutional courts is largely correct. Courts do indeed often perform a motive review under the proportionality test without explicitly acknowledging this. Second, I do not share Sadurski’s normative inclination that courts should be more open in labelling their motive review as such as this could lead to political backlash. Third, I fear that the concept of public reason as motive review is underinclusive. I argue that motive review does not cover (and should not cover) the majority of what courts do when reviewing government action. The final comment addresses the third part of the book on international governance, where I argue that Sadurski’s conception is slightly too court-centric.

PROTECTION OF THE RULE OF LAW AS A CONSTITUTIONAL PRINCIPLE AND INDIVIDUAL RIGHT BY THE CONSTITUTIONAL COURT OF KOSOVO

This article examines the case law of the Constitutional Court of Kosovo and explains how this court protects the rule of law, as a fundamental constitutional principle and as a human right. The example of Kosovo is intriguing because of the peculiar historical, political and legal backdrop against which the Constitution was drafted, and the constitutional adjudication that has taken place. Methodologically, this analysis is based on a review of the landmark cases when the Constitutional Court of Kosovo reasoned its decisions with reference to the specific constitutional provisions that enshrine the principle of the rule of law. The paper highlights that the Constitutional Court of Kosovo refers to the rule of law as a general normative framework for adjudicating cases of abstract constitutional review, as well as for deciding cases submitted by individuals – mostly in conjunction with the right to a fair and impartial trial. By scrutinizing the cases of Kosovo, this analysis highlights the role of constitutional courts in ensuring that general constitutional principles, such as the rule of law, are justiciable and have practical effect for human rights of individuals.

Geoforensic search on land

Forensic geoscientists assist with the investigation of locating and characterizing suspected illegal activities and provide evidence for criminal or civil courts of law. Geoforensic search in terrestrial environments can be challenging, depending on the item(s) of interest that are being looked for, the available search teams, the equipment deployed and the search area(s) itself. This article briefly details the current efforts that geoscientists are making to assist these terrestrial investigations, and provides some relevant case studies and discusses future developments.

가정폭력범죄 피해자의 ‘매맞는 배우자 증후군(Battered Spouse Syndrome)’

Would the self-defense be established if the victim of a long-lasting domestic violence crime murders the perpetrator? There has not been a case in which the Supreme Court recognized the case of domestic violence victim murdering assailant as a self-defense. However, whether to recognize a justification in the murder of the perpetrator in domestic violence has been a controversial issue in the court of law, and the theoretical discussions are taking place in the academia of criminal law. In particular, as the discussion of accepting ‘Battered Spouse Syndrome’-the psychological concept-as an interpretive theory of justification is being actively reached, the sufficient understanding of victim of long-lasting domestic violence would enable the judgment of ‘murdering a sleeping perpetrator’ as a ‘self-defense against the present unjust violation’. This study aims to provide an understanding in relation with recognition of justification regarding the counterattack of domestic violence victim via reviewing psychological discussion about ‘Battered Spouse Syndrome’ in detail, which has been used as a basis of argument, acknowledging justification in a case of domestic violence victim murdering a perpetrator.

Evaluating International Criminal Procedures: Inquisitorial, Adversarial, or Hybrid - Lessons for the Pakistani Legal System

This Article examines two key aspects of international criminal procedure (ICP): the normative frameworks that govern ICP and procedures being utilized by International Criminal Tribunals (ICT) and Courts. It examines the established norms and practices of international tribunals. The discussion encompasses the formulation of standards, guidelines, and guarantees aimed at preventing judicial errors. It evaluates that whether ICP can be characterized as "adversarial," "inquisitorial," or “a blend of both”. It examines the case law and legal framework of international courts and tribunals. Employing a comparative and analytical research methodology, this article demonstrates that a genuinely hybrid procedure has emerged through successive amendments to the ICT for the former Yugoslavia and its rules of Procedure and Evidence (RPE) and the formulation of the Rome Statute. This procedure effectively synthesizes elements from both traditions; common law (adversarial) and civil law (inquisitorial) into a cohesive international legal framework. The article emphasizes the convergence of legal positions across jurisdictions. The observed similarities in legal frameworks arise from the universal recognition of the importance of justice in shaping human coexistence. However, the article acknowledges that the diversity in human minds leads to variations in devising solutions and creating means, explaining the inherent disparities in legal approaches across different contexts. It will be beneficial for Pakistan to adopt Islamic Criminal Procedure having hybrid criminal procedure that will improve the efficiency of our judicial system, ensuring swift resolution of criminal cases with effective outcomes.

Religious Freedom in the Workplace in the Case Law of the European Court of Human Rights

Wolność wyznania jest jednym z fundamentalnych praw podstawowych. Jako prawo człowieka, gwarantowana jest przez prawo międzynarodowe, prawo europejskie, jak i prawa krajowe. Jest to prawo, którego realizacja niesie ze sobą wiele wyzwań, szczególnie w kontekście konfliktu między indywidualną wolnością, równością oraz między autonomią jednostki a kolektywnymi swobodami grup religijnych. Szczególnie interesujące jest zagadnienie jego ochrony w środowisku pracy. Głównym celem artykułu jest zbadanie, czy orzecznictwo Europejskiego Trybunału Praw Człowieka (ETPCz) skutecznie reguluje zagadnienie wolności religijnej w miejscu pracy, zapewniając pracownikom adekwatną ochronę. Przeprowadzana jest analiza art. 9 Europejskiej Konwencji Praw Człowieka ustanawiającego wolność religijną oraz odpowiedniego orzecznictwa ETPCz.

Approaches to interpreting emojis as evidence in South African courts: a forensic linguistic perspective

This article highlights the importance of emojis as evidence in courts of law. The article outlines the history of emojis from a global perspective, and how they have come to be used as a form of implicit and explicit communication. The global inconsistency of the interpretation of emojis is explored against the backdrop of multilingualism and multiculturalism. This creates complications when emojis are presented as evidence in both criminal and civil cases. All of the above is explored in relation to South African courts, and emojis are examined as part of the discipline of forensic linguistics. The Electronic Communications and Transactions Act, 25 of 2002 (ECT Act) provides guidelines on the rules of admissibility pertaining to data messages and other electronic communications, and is used for the interpretation of emojis as evidence in courts. Recommendations are made regarding the use of emojis as evidence in courts of law.

Parallel Proceedings – Investment Arbitration and the European Court of Human Rights

Abstract This contribution addresses the intersection of international human rights law and international economic law in situations where investors can bring claims under both protection systems. It discusses why multiple proceedings concerning one set of facts may be problematic and identifies situations in which duplication may occur. It presents instruments that have been developed at the domestic or international level to prevent this phenomenon. The article analyses the case law of the European Court of Human Rights (ECtHR) as well as of investment arbitral tribunals dealing with parallel or subsequent litigations. The conclusions set out whether the mechanisms used by arbitral tribunals and the ECtHR are adequate to deal with the phenomenon of potential multiple proceedings.

Extraterritorial Application of the European Convention on Human Rights at Sea

We live in a world where we face countless crises and directly experience armed conflicts. The seas, such as the Red Sea, the Black Sea, and South China Sea hold strategic importance in these crises and conflicts. The sea is a unique and challenging environment, considering both its distinct physical characteristics and the jurisdictional issues. At sea, human rights can be compromised in various ways, and these cases often go unreported or they lack sufficient public awareness. It is also an expansive area to monitor, and the effectiveness of the police or military forces is sometimes hindered by limited resources or the reluctance to take action due to the non-compliance with legal regulations. It is the responsibility of the international community to encourage the authorities to prosecute the perpetrators by establishing a legal framework that effectively safeguards human rights and can be enforced by state authorities. This paper aims to explore the challenges of enforcing human rights during the arrest and detention process in cases of transnational crimes or violations of international law, such as piracy, terrorism, and drug trafficking committed on sea, involving the case law of the European Court of Human Rights.

THE STATE AND FEDERAL HIGH COURTS’ JURISDICTION OVER BANKER-CUSTOMER DISPUTE FROM THE PRISM OF DECIDED CASES: WHITHER THE MAGISTRATE COURT’S JURISDICTION

The Magistrate Court Law of most States in Nigeria, (including Oyo State) gives themjurisdiction over tortious acts of which detinue is one. Thus, where a bank customer, mistakenly makes an intra or interbank transfers to a wrong account whereof the money is withheld by the bank, and the withheld amountis within the monetary jurisdiction of the Magistrate Court, the customer, usually brings an action in detinue for the bank to release the money to him/her. This is usually donenotwithstanding that both the Supreme Court of Nigeria (SCN) and Court of Appeal (CA) have held that the State and Federal High Courts’ have concurrent jurisdiction over banker-customer disputes.This paper, adopts desk-based method in interrogating the jurisdiction of the Magistrate Court of Oyo State under the Oyo State Magistrate Court Law, 2011 vis-à-vis the jurisdiction of the State and Federal High Courts over banker-customer dispute based on decided cases to determine whether there is any conflict. It argues that the cases in which the SCN and CA have held that the State and Federal High Courts have and exercises concurrent jurisdiction over banker-customer disputes, were decided without reference to the jurisdiction of other equally competent courts including the Magistrate Court of Oyo State (and other States as well).It found that there is not jurisdictional conflict between these courts in relation to banker-customer disputes but symbiotic. The paper makes vital recommendations before concluding.

Whistleblowing as a Form of Expression: Comprehensive Overview of the Concept of Whistleblowing and Its Freedom of Expression Aspects, with Particular Reference to the Case Law of the European Court of Human Rights

This study endeavors to examine the phenomenon of whistleblowing within the context of freedom of expression. The paper is organized into three key segments, each addressing distinct aspects. Initially, it delves into the challenges and complexities inherent in conceptualizing whistleblowing. Subsequently, the paper establishes a theoretical foundation for the fundamental rights approach to whistleblowing, laying the groundwork for the final section: an analysis of whistleblowing cases through the lens of the European Court of Human Rights’ case law. The research methodology employed comprises secondary analysis (desk research) and legal case studies. The study aims to achieve a dual purpose: firstly, to offer a comprehensive understanding of the legal analysis and interpretation of whistleblowing; and secondly, to elucidate the evolving legal standards and criteria governing whistleblowing in the context of freedom of expression over recent years.

Politikoi Nomoi Again

Summary The following paper studies the much-debated term politikoi nomoi (‘civil laws’), as recorded in P.Gur. 2.44–45 = Sel.Pap. II 256 = CPJ I 19 (226 BCE, Crocodilopolis). The term is used here in the context of a diagramma, which allows the consideration in court of the politikoi nomoi – a body of law subsidiary to royal legislation, applicable whenever matter at dispute is not addressed by the latter. I argue that the term is used here for the designation of city laws of Alexandria. In P.Gur. 2, in a case heard by Greek dikasts outside Alexandria, the diagramma is introduced in order to allow one of the litigants to draw upon the Alexandrian dikê erêmos. However, it is quite plausible that in its original context of conception, the diagramma was meant to serve as guideline in Alexandrian courts of law only, not elsewhere in Egypt. Its usurpation, and ultimate admission by non-Alexandrian dikasts is indicative of the proliferation of Alexandrian laws and regulations in Ptolemaic Egypt at large.

Cybercrime and Digital Transactions Law in Nigeria: A Review

The internet is a tool that drives globalization and enhances global inclusion and integration. It has become imperative to make use of information and communication technology in this era of increased broadband access to the internet. The use of information and communication technology has increased the commission of cybercrime such as data breaches, identity theft and cyber fraud. This paper aims to identify the relevance, authenticity and nexus between digital transactions and cybercrimes in Nigeria. This paper seeks to give a summary of cybercrime and digital transaction laws in Nigeria, as well as the challenges inherent in applying them. The methodology adopted is the doctrinal method of legal research approach in literature review, analysis of cases and access to internet sources. This paper made use of primary sources of data such as such as enabling laws, acts and secondary sources of data, conventions, journal articles and the study is also analytical and comparative in nature. The paper finds that the legal and institutional framework for digital transaction laws in Nigeria is somewhat limited. Some digital forensic tools have not been recognized by our laws in Nigeria. The paper concludes that the extant legal framework for digital transaction laws in Nigeria has lapses that impair the evidence emanating from digital tools/records. This paper recommends amongst others; training of prosecution officers, legal practitioners and judicial officers in the collection and use of forensic/digital evidence in court of law, review of some of our extant laws and creation of institutional framework for digital transaction laws in Nigeria.