Fair Hearing Research Articles

ON THE CLASSIFICATION OF THE PRINCIPLES OF ADMINISTRATIVE PROCEEDINGS AND ADMINISRTATIVE PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

The article deals with the classification of the basic principles of administrative procedures. The main attention is paid to the identification of the main functions, the system and the hierarchy of principles. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative procedures, and therefore for the entire system of public administration. The author concludes that everyone has the right to a fair and public hearing of the case within a reasonable time by an independent and impartial court established on the basis of the law in the event of a dispute about his civil rights and obligations or when any charge is brought against him. A brief overview of the basic principles of administrative procedures and their implementation in the countries of the near and far abroad was made. Thus, further analysis of the basic principles of administrative procedures is necessary. At the same time, the institution of administrative procedures, especially their principles, as well as the principles of administrative law in general, for the legislator and even the doctrine still remain largely unexplored and poorly understood problem. The author also concluded that the main feature of the principles of administrative procedures is their direct effect and specific regularity. The principles of administrative procedures are formulated not as declarations, but with a clear and pragmatic purpose — to act as special means of legal regulation. The principles of procedures are intended to become a reference point not only for the legislator, but also (which is extremely important) for the law enforcement officer. The author also believes that the principles of administrative procedures are a special group of principles of managerial administrative law. The principles define the essence of dynamic regulatory activity of public administration. The consistency of the principles is determined by the prevailing procedural doctrines. Thus, further analysis of the basic principles of administrative procedures is necessary.

Internal Security, Rule of Law and Violations of Human Rights in Nigeria (2013 – 2020): A Contemporary World Perspective

Much as internal security is paramount to a volatile nation-state such as Nigeria, so is respect for human rights which are rights human beings have by virtue of their being human, especially the right to life, dignity of human person, personal liberty, fair hearing, as well as freedom of speech, consciousness and religion. This study, thus, argued that internal security and respect for the rule of law in its entire ramification should run pari passu in order to maintain a stable society irrespective of the circumstances the country finds itself. It is on this premise the study examined the need for highly placed government officials to respect the rule of law. The study, essentially, argued that the law enforcement agencies and the armed forces that are empowered by the law of the land to maintain law and order as well as enforce the laws of the state and fight insurgency and other forms of anti-vices orchestrated by terrorist groups and other criminal elements, are the ones responsible for violations of the laws of the state. To achieve the objectives of this study, historical design which is qualitative and explorative in nature was adopted to examine the variables of internal security and the implications for respect and sustenance of rule of law and human rights which include respect of the rights of the individual citizens by the police and the military while carrying out their constitutional responsibilities to the state. This means that data for the study were collected from secondary source via textbooks, reports from dailies and periodicals, official documents, journal publication and internet materials. The study made some useful recommendations which among others include: the need for the government to always provoke the section of the Fundamental Rights Enforcement Procedure Rule 2008 for the enforcement of rights under the Constitution of the federal republic; there is the need for government to restructure and reorient officers of the law to change their perceptions of asserting excessive power over the citizens; there is also the need to promote harmonious police-public or community relations, and increase public trust and confidence towards the police in particular.

Natural Justice and its Applicability to Alternate Dispute Resolution

Natural justice signifies fairness in the procedure. It casts a duty on the court and tribunal to ensure fair hearing and to proceed without bias. Principles of natural justice creates confidence among people in the legal system and is crucial for the judicial system of any jurisdiction. The author has discussed applicability of natural justice and its importance to Alternate Dispute Resolution process in the article. bias, natural justice, fair hearing, foreign award, Nemo Judex in Causa Sua, Audi Alteram Partem.

A Fair Hearing

Access to smart data will drive down incidents of noise induced hearing loss at work, according to a company that has developed a new, smarter system.

Vulnerability and the Quest for Protection: A Review of Canadian Migration Case Law

Although the concept of vulnerability has become increasingly prevalent in both domestic and international migration policy in recent years, its precise meaning and implications remain ambiguous and under-examined. Without a coherent understanding of what makes individuals vulnerable, the concept can either act as a justification for additional consideration or reinforce stereotypes of disempowerment. To address this lack of clarity, this article presents the results of an extensive review of Canadian case law. Drawing on data from over 750 cases primarily from the Immigration and Refugee Board and the Federal Court of Canada, this study sought to examine how the concept of vulnerability is used by both decision-makers and parties to cases involving migrants seeking legal status and various forms of protection (including, but not limited to, asylum) under national or international law in Canada. Although an analysis of case law necessarily produces only a partial image of the landscape, this review identified two understandings of vulnerability at play: a procedural one associated with the need to ensure access to justice and a fair hearing, and a substantive one where vulnerability is linked to the categorization of particular groups. In both instances, the recognized importance of the concept is offset by its narrow and inconsistent application and a failure to acknowledge the role that the institutions and mechanisms of “protection” play in creating and perpetuating vulnerability.

A Clash of Worlds: A Stylistic Analysis of Imrana’s ‘Imagine Say’

The study explores creativity and innovation in the song (music video) ‘Imagine Say,’ by Imrana, a young Ghanaian musician. Adopting various theories and principles of Stylistics, the study identifies such creativity and innovation as parallelism, deviation, contrast, and other figures of speech, and what they foreground, in order to examine how effectively they contribute to the overall meaning and message of the song. The result indicates that the artiste adopts multimodality to express the meaning and message of the song. The diction, background scenes and chorus, sound effects, personification, repetition Parallelism, deviation, metaphor, and other figures of speech highlight the theme and meaning of the song, and thus help the audience to get the message – Discrimination and injustice against those who come from the streets (the poor and vulnerable) must cease. It is not by choice that they come from the streets; coming from the street does not make one a criminal; if any street person can be charged for any crime s/he must be given a fair hearing at a court of competent jurisdiction, rather than subjecting him/her to mob/instant justice.

ПРИНЦИП ПРАВА БУТИ ПОЧУТИМ (RIGHT TO BE HEARD) У ЦИВІЛЬНОМУ СУДОЧИНСТВІ: МОДЕЛЬНІ ЄВРОПЕЙСЬКІ ПРАВИЛА ЦИВІЛЬНОГО ПРОЦЕСУ ELI/UNIDROIT, ПРАКТИКА ЄСПЛ І НАЦІОНАЛЬНИЙ КОНТЕКСТ

The article addresses the right to be heard as one of the new principles of civil procedure being analyzed through the prism of the provisions of the ELI/UNIDROIT Model European Rules of Civil Procedure and para. 1 of art. 6 of the European Convention on Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The paper highlights the problems of implementation of this principle at the national level. Within the framework of the ELI/UNIDROIT Model European Rules of Civil Procedure, the principle of the right to be heard includes: a) a fair opportunity to present claim and defense in court (Rule 11); b) the reasoned judgments, relied on the basis of the case file and the legal issues which the parties were able to comment on (Rule 12); c) the prohibition on the court communicating with a party in the absence of other party (Rule 13). Based on the analysis of the ELI / UNIDROIT Model European Rules of Civil Procedure and the case law of the ECtHR, the author advocates the view, according to which, the implementation of the principle of the right to be heard calls for the existence of a number of procedural guarantees of 'fair hearing' (para. 1 art. 6 of the ECHR). It is concluded that in modern conditions the principle of the right to be heard in its legal content is reduced to the requirement to provide a party to the proceedings the opportunity to bring to court their claims and objections, to effectively present their legal position before the court on equal terms with those given to the other party, as well as to obtain a reasoned court judgment. The implementation of this principle is associated with three groups of guarantees: a) guarantees that are prerequisites for the exercise of the right to be heard (proper notification of the person about the date, time and place of the court hearing); b) guarantees that constitute the core of the right to be heard and are implemented during the trial (oral hearing; opportunity to participate in the proceedings; the principle of 'equality of arms' and adversarial process); c) guarantees that are implemented after consideration of the case (a reasoned court judgment).

Advancing Remote Court Proceedings in Nigeria: Lessons From other Jurisdictions

The adoption of remote or virtual court hearing is still being debated in Nigeria as the myriads of challenges posed by the innovation infuses even more fear for stakeholders. However, abandoning a progressive innovation may only hinder future innovation as the law may trail behind innovations habitually. There is therefore a need to reassess the existing framework for remote or virtual court hearing in Nigeria and consider necessary reforms. This paper seeks to explore the legal framework for virtual court hearing in Nigeria whilst elaborating on the rules governing virtual court hearing in other jurisdictions. The qualitative methodology is adopted in a bid to derive lessons from these jurisdictions and recommend legal reforms and/or amendments of laws for the proper functioning of Remote Court Proceedings (RCP) in Nigeria. The paper found that there needs to be a deliberate attempt to define open courts to include virtual courts in Nigeria whilst legal amendments are required in the Evidence Act, Constitution, Administration of Criminal Justice Laws to enable fair hearing during RCP. Keywords: Remote Court, Virtual Court, RCP, Proceedings, Technology

Memories of a Young Man: A Witness to the Hearings About Jacqui Schiff

This article chronicles the experiences of one witness involved in the hearings conducted by the ITAA Board of Trustees in response to ethics charges brought against Jacqui Schiff in the mid-1970s. It describes her refusal to accept that the charges had any relevance and her belief that the matter was a groundless political vendetta. Going to extreme measures, the board, and then ITAA President Ruth McClendon, in particular, made every attempt to hold fair hearings. In the end, Schiff was found culpable of ethics violations. She refused to admit the validity of the board’s findings and also the conditions they set out for her remaining a member of the ITAA. As a result, she terminated her membership by default.

Principles of Natural Justice: Revisiting History During the Time of Corona

The Principles of Natural Justice is a term widely in use in the legal field and in recent years even in popular dialogue. A phrase heard by every law student, academician, professional and ay other wit some legal acumen. It was popularized by the English Legal System which during the colonial times dispersed it throughout nearly all the commonwealth Nations. The two basic rules, that is, nemo iudex in causa sua (for the adjudging authority to be unbiased) and audi alteram partem (the right to ensure a fair hearing to each party) have come to be universally accepted as the basic requirements to be followed for ensuring that every accused person gets a fair trial and effectively ensures the practice of another widely accepted legal tenet – Innocent until proven Guilty. However, how exactly did these two famous rules come to be of such widespread use and acceptance in an environment where legal tenets are frequently muddled due to contrasting philosophical/jurisprudential opinions and socio-political trends. This paper attempts to trace a brief timeline of certain ancient and certain prominent statesmen, legal luminaries and their works which time and time again embellished the necessity of these Principles throughout human History.

Association of vision and hearing impairments with quality of life among older adults: Mediation by psychosocial factors.

Vision impairment (VI) and hearing impairment (HI), alone or in combination (dual sensory impairment [DSI]), are common in older adults. We determined (i) the association of vision and hearing, and of VI only, HI only and DSI, with three psychosocial variables (social network, loneliness, depressive symptoms) and with quality of life (QoL), and (ii) whether the considered psychosocial variables mediate the association of VI only, HI only and DSI with QoL among older adults. Cross-sectional survey data for 4077 older adults (≥60 years) from Singapore were analyzed. Those with self-reported fair or poor vision and hearing were considered to have an impairment in that sense. Standard scales were used to assess the psychosocial variables and QoL. Regression and mediation models were used. Those with fair and poor vs. good, vision and hearing generally had poorer psychosocial outcomes and lower QoL. VI only, HI only and DSI were all associated with lower social network, more depressive symptoms and lower QoL. VI only and DSI were associated with more loneliness. Social network, loneliness and depressive symptoms partially mediated the association of VI only, HI only and DSI with QoL, with depressive symptoms being the strongest mediator. VI and HI, particularly in combination, are associated with poorer psychosocial status and QoL among older adults. Older adults with VI or HI should be screened for depressive symptoms and social risks. Improving social network, loneliness and depressive symptoms among older adults with sensory impairments may enhance their QoL. Geriatr Gerontol Int 2022; 22: 56-62.

Gaps, conflicts and contradictions regarding measures to ensure the right to a fair trial of the convention for the protection of human rights and fundamental freedoms

The first paragraph of Article 6 states that the right to a fair trial is when everyone has the right to a fair and impartial hearing in a court of law within a reasonable time, independently of the law governing the dispute over his rights and obligations. both civil and other (criminal, administrative) nature and the establishment of the accusation against her. The court decision must be made public, but the press and the public may not be allowed in the courtroom during the entire time the case is heard in court or only part of the hearing in the interests of a democratic society, namely morality, public order, national security, and this is required by the interests of the juvenile or the protection of the privacy of individuals, or, if the Court has found the measure necessary, when, in special circumstances, the publicity of the proceedings may be prejudicial to the interests of justice.

The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

Ensuring the Right of a Person Placed in a Psychiatric Care Hospital to Defense in Criminal Proceedings

The involvement of persons suffering from mental disorders into criminal court proceedings requires additional procedural guarantees of ensuring their rights. The procedural status of a person involved in proceedings regarding the application of compulsory medical treatment is not sufficiently well-defined in Russian criminal procedure. Such a normative construct makes it harder for this person to exercise their right to defense. The author examines some problems of ensuring a right to defense when making a decision on placing a mentally ill person in a psychiatric care facility. Based on a systemic analysis of current criminal procedure norms and international law standards of ensuring a just and fair court hearing in the category of criminal cases under consideration, the author presents ideas on improving the criminal procedure law and the practice of its enforcement. It is suggested that a special norm of procedural compulsion consisting in the forceful placement of a person in a psychiatric care hospital should be incorporated in law.

The Principles of Fair Trial

“Lex uno ore omnes alloquitur” which means that everyone is equal before the eyes of the law which is an important principle which forms the basis of judicial proceedings across the world. The law treats everyone equally and this principle is enshrined in various provisions of the Indian Constitution. Article 14 of the Indian Constitution exclusively deals with the Right to Equality. Trials are an indispensable part of any proceeding. Conducting fair trails is an important aspect of the law which ensures equality. The concept of a fair trial is not just a right provided in our country but it is also guaranteed by various other legislations all over the world. Article 6 of the European Convention on Human Rights deals with the Right to a fair trial. According to this Article, everyone is entitled to a fair and public hearing within a reasonable time. The trial must be conducted by an independent and impartial tribunal established by law.

Ensuring the detection of property in the institute of property seizure

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

Ethical Review of Animal Research and the Standards of Procedural Justice: A European Perspective

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research projects are identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations (irrespective of whether they are legally entrusted with the task of authorizing or only evaluating research projects).

Inconsistent Adjudication – A Violation of the Right to Fair Trial Under the European Convention on Human Rights

The ECtHR does not review decisions of national courts of the States Parties to the European Convention. However, it has developed a pattern in its case law to find a violation of the Convention on the grounds that the fair hearing lacked if there was a case law inconsistency at the level of national jurisdiction. The ECtHR case law was settled in a Grand Chamber case against Turkey in 2011. To find a violation under Article 6 of the Convention the ECtHR requires two tests. Firstly, it must establish the existence of a profound and long-standing inconsistency in the domestic case law, and secondly, the ECtHR raises the issue of a mechanism aimed at removing the inconsistency. If the mechanism does not exist, or if it applied ineffectively, the ECtHR finds a violation of human rights. The author suggests the ECtHR should revisit its jurisprudence.

Independence and impartiality of sports disputes resolution in the UK

Private sports governing bodies in the United Kingdom have the contractual freedom to organise their own sports tribunals and disputes procedures. There is no legislation in the UK that governs the form of a sports governing body’s dispute resolution procedure. The common law and, to a certain extent, other industry measures influence the structure of a disputes procedure within a private sports governing body. When establishing dispute resolution systems in self-regulating industries, there is potential for structural conflicts of interest to arise. Reporting mechanisms and adjudicatory processes may be structurally bias through, for example, the way appointments are made to a dispute resolution panel. There may be the suggestion of implicit bias of panel members because of the interests that control the appointment process. Even if no actual bias arises, the perception of bias can damage the engagement of stakeholders in a dispute process and damage the reputation of the sport with sponsors or the general public. The key is to minimise structural conflicts of interest and ensure that the process is independent and impartial. This article examines the challenges faced with organising sports dispute resolution procedures, the requirements of Article 6 of the European Convention on Human Rights and highlights the important factors that a sports governing body should consider when designing an independent and impartial dispute resolution system. It concludes with a discussion of whether the legal basis for sports dispute resolution in the UK requires reconsideration to provide certainty, independence, impartiality and, above all, to guarantee a fair hearing.

Fine‐tuning, weird sorts of atheism and evidential favouring

Fine‐tuning, weird sorts of atheism and evidential favouring