Judicial Research Articles

Fading freedoms: democratic decline in Albania

ABSTRACT This study examines the trajectory of Albania's democracy. Despite initial relative progress in establishing a democratic route, last decade's political developments suggest a nuanced regression. They reveal a concerning shift towards electoral authoritarianism. This research uses mixed methods to analyse key democratic indicators from 2006 to 2022. It covers electoral democracy, freedom of expression, judicial independence, and deliberative democracy. Results indicate a significant decline in the level of democracy. This trend is evidenced by the increase in vote-buying and a decrease in electoral fairness. The freedom of expression and association have also diminished, with media and civil society experiencing increased constraints. Although the judicial system shows signs of stability, its effectiveness in counterbalancing political power should increase. This analysis underscores a gradual yet discernible shift in Albania’s political landscape, highlighting the risk of solidifying authoritarian structures under the guise of democratic governance.

Artificial intelligence in the judicial system: advantages and risks

Artificial intelligence in the judicial system: advantages and risks

Assessing Artificial Intelligence in Judicial System

Assessing Artificial Intelligence in Judicial System

Conflict Resolution through Indigenous Knowledge Systems

Abstract Indigenous knowledge is the local knowledge that is unique to a given culture or society. It is the basis for local decision-making in agriculture, medicine, food education, environmental management, craft skills, linguistics and conflict management. The study explored mengehacha, an indigenous system of conflict resolution among the Gumuz people in northwest Ethiopia, which aims to restore peace and harmony within the community when conflicts result from natural resource competition, exchange marriage, clan-based conflict and theft. Data was collected through semi-structured interviews, focus group discussions, non-participatory observation and document analysis, and analysed qualitatively. The indigenous mechanisms of conflict resolution were found to be relatively participatory and supplementary to the state justice system. It is recommended that indigenous systems of conflict management be supported and given equal treatment with the modern court system and that exchange marriage be curbed, since it is becoming a trigger for conflict eruption among the Gumuz.

Advancing criminal justice through mediation: analyzing the integration of mediation in Emirati criminal legislation

Criminal mediation is viewed as a promising alternative to traditional judicial procedures for resolving criminal disputes, offering a novel approach to alleviating burdens on the judicial system. This study examines the integration of mediation into Emirati criminal legislation, focusing on its potential to improve dispute resolution outcomes and reduce judicial workload. The UAE law has incorporated criminal mediation in the new amendment to the criminal procedures law by Federal Decree-Law No. 38 of 2022. This research aims to elucidate the provisions of criminal mediation and how it is organized within the UAE legal system. Employing an analytical descriptive methodology, the study explores the legal frameworks and procedural nuances of criminal mediation. It demonstrates how it can significantly mitigate the adverse effects on affected parties and decrease the recurrence of criminal behavior. The study recommends establishing a specialized training program for legal mediators, designed to equip them with the necessary skills to effectively handle diverse criminal cases, ensuring that mediation processes are conducted with the highest standards of justice and efficiency. Implementing such training programs would enhance the professionalism of criminal mediation and increase its success rates, contributing to a more effective and humane criminal justice system.

Restorative justice in Brazil: does it provide a place for community involvement and a path to penal abolition?

Abstract This article addresses the major criticisms of Brazilian restorative practices, which mainly focus on the offender and are shaped by the idea of punitivism. In this scenario, it is crucial to understand the centrality of Judicial Power in the implementation of restorative justice. That this approach risks refreshing old practices of criminal justice, under the cover of innovative discourses, is widely ignored. Such consequences have become reality, with recent research highlighting the absence of the victim, the individualization of the conflict and the lack of debate on the context of structural injustices prior to the conflict. We argue that the exclusion of the community and limited involvement by civil society might be the biggest obstacles for the inclusion of restorative justice in the development of a Brazilian transformative justice towards an abolitionist future.

LGBTQ+ affirming practices for family court professionals

AbstractThis paper focuses on the current issues faced by LGBTQ+ clients in family court cases. The paper proceeds in three parts. It first focuses on the specific issues that relate to LGBTQ+ people in the family court system and why they remain relevant despite the many advancements for LGBTQ+ people in recent years. The paper addresses what is unique about the legal system and how it can seem more accepting than it is. Finally, the paper addresses specific ways lawyers, judges, and forensic evaluators can support LGBTQ+ people in the family court system from the first moment people enter their office or courtroom. Overall, the goal of the article is to provide context for why it is important for family court professionals to be LGBTQ+ affirming and to provide specific ways to do so.

Inclusive Leadership in the South African Police Service (SAPS)

The purpose of this article paper is to shed light on the value and possibilities of inclusive leadership in the South African Police Service (SAPS). Background: Gives historical background, emphasizing apartheid's legacy and how it affected the SAPS's connection with the community. Problem Synopsis: identifies the main obstacles to developing inclusive leadership, including prejudice that isn't conscious, a lack of education, and mistrust from the past. Key Takeaways/Results: Makes the case that inclusive leadership builds community trust and is necessary for efficient law enforcement. It will showcase research results that bolster this claim, like higher officer morale and better problem-solving through a variety of viewpoints. Methodology/approach: Although not a research study, the article will cite reliable sources to bolster its claims, including reports, studies, and expert comments. Importance/Repercussions: examines the benefits of having an inclusive SAPS, such as increased community ties, less crime, and an equitable judicial system. The intended audience for this post is anyone who is interested in enhancing police in South Africa. This includes members of the community, police leadership, policymakers in the Department of Safety, and anybody else who is committed to creating a society that is safer and more equitable. This essay seeks to encourage positive change within the SAPS and to start a national dialogue on the value of having a more inclusive and representative police force by highlighting the opportunities and challenges of inclusive leadership.

The Challenges Facing China's International Commercial Court System Under the "Belt and Road" Vision and China's Response

In order to provide all-round judicial guarantee for the high-quality development of the "Belt and Road", China established the China International Commercial Court in 2018 and achieved remarkable results after six years of construction. In recent years, with the increasing number of commercial disputes related to the Belt and Road Initiative, such as international trade, international logistics and international project contracting, the construction of China's international commercial courts is faced with difficulties related to insufficient international vision, backward jurisdiction rules, lack of appeal relief channels, difficulties in cross-border recognition and enforcement of judgments, and inflexible convergence of multiple dispute resolution methods. In view of this, the China International Commercial Court should be based on an international perspective, expand its jurisdiction to improve the jurisdiction rules, implement "two final trials" to reconstruct the appeal relief system, transform "factual reciprocity" to "constructive reciprocity" to ensure the cross-border recognition and enforcement of judgments, and constantly optimize the interface mechanism of litigation, arbitration and mediation has become an important way to solve the problem. It will help build a new situation of international commercial court.

La tensión entre el poder judicial y el poder ejecutivo en la emisión de medidas cautelares innominadas en contra de entidades gubernamentales: un análisis comparativo entre América Latina y Europa continental

The tension between the judicial power ('jurisdictio') and the executive power ('gubernaculum') has long been a contentious issue in the context of issuing unnamed cautionary actions against governmental agencies (Ríos Álvarez, 2015; Tridimas, 2006). This article explores the contrasting approaches to this tension in Latin America and Continental Europe, analyzing the legal and historical foundations, as well as the principles of separation of powers, judicial independence, and individual rights protection within each legal tradition (Cappelletti, 1989; Tridimas, 2006). Historically, Latin American jurisprudence tended to prioritize the protection of governmental prerogatives, hindering the imposition of temporary cautionary measures on the State (Ferrer Mac-Gregor, 2011; Courtis, 2008). Conversely, Continental Europe has seen a more robust evolution of effective judicial control over arbitrary administrative actions, including the development of innovative temporary measures (Caranta, 2018; Tridimas, 2006). Through a comparative analysis, supported by an extensive review of case law, legal frameworks, and academic literature (Guerrero, 2023; Ferrer Mac-Gregor, 2011; Courtis, 2008), this study identifies potential models from European jurisprudence that could facilitate a more balanced interaction between judicial and administrative authorities in the protection of rights in Latin America.

Forensic Medical Examiners’ Role in Resolving Malpractice Claims:Legal and Ethical Obligations

In the last few years, the trends of malpractice claims have escalated worldwide. In many judicial systems, forensic medical examiners manage malpractice lawsuits because of their experience in medical, legal, and ethical aspects of healthcare. They analyze medical records to objectively investigate consent-related issues and verify any neglect or deviations from standard medical care. Then, the extent of harm is evaluated in the surviving cases by determining the degree of resulting infirmity. Judicial penalty and compensation depend on the infirmity’s percentage. In cases involving patient death, comprehensive post-mortem examinations are performed to explore potential medical errors, death causes, and causal relations between error and the occurrence of death. It is essential to consider that evaluating technical errors necessitates the expert opinions of consultants from the same specialties as the accused physicians. The legal obligation for all forensic medicine experts is to provide objective, unbiased, evidence-based medicolegal reports. The ethical commitments include preserving the confidentiality of data of both patients and accused healthcare providers. Also, forensic medical examiners could actively participate in healthcare education to protect medical staff against future malpractice accusations.

On Some Issues of Implementation of Constitutional Innovations on the Judicial System in the Context of Materials and Decisions of the X Congress of Judges of the Russian Federation

On Some Issues of Implementation of Constitutional Innovations on the Judicial System in the Context of Materials and Decisions of the X Congress of Judges of the Russian Federation

8 - Potentialising Traditional Peacebuilding System towards Resolution of Land Disputes in African communities

Land is a common cause of conflict in Africa. It is at the root of much social unrest and violence among family members, groups and communities. Although the state judicial system has been a major adjudicator in these instances, their case pronouncements have brought little or no recourse to peaceful co-existence among the conflicted parties. This article seeks to advance the potential of the traditional peacebuilding system as a ‘community friendly’ option especially for constructive land dispute resolution. Traditional peacebuilding is devoid of long judicial proceedings, ‘preconceived’ justice and high costs. This article argues that, unlike the state judicial system, traditional peacebuilding is not only about making resolutions through rational choice, custom knowledge, community history and social cohesion but also about enhancing restorative justice, inclusiveness and peace promotion, and developing the trust and safety that is so badly needed across African communities. It, therefore, concludes that the traditional peacebuilding system has an organisational propensity to resolve land disputes within an institutionalised structure across African communities.

Reconciling Cultural Values with Legal Principles: Traditional African Justice Systems in Contemporary Context

This comprehensive study delves into the fundamental principles of the traditional African justice system, juxtaposing it against the broader philosophical and jurisprudential evolution of the concept of justice. Drawing on a robust literature review, the article uncovers the unique features that set African justice mechanisms apart from formal court systems - the central role of community leaders, active community participation, and a focus on reconciliation and harmony. Tracing the concept of justice from ancient Greece to the present day, the study situates the African approach within this broader context. It explores diverse conceptions, from natural justice to economic, social, and corrective justice, and how they have been interpreted and applied in the African context. Crucially, the article reveals how traditional systems have often filled the gap between community needs and formal legal services. The findings suggest that the guiding principles of reconciliation and community harmony, which underpin the African justice model, offer invaluable insights for developing more holistic and inclusive justice systems. In an era of globalization, these insights could inform the pursuit of social cohesion and the common good, presenting a compelling alternative to the individualistic orientations of mainstream justice frameworks. Through its in-depth analysis and interdisciplinary approach, this study makes a significant contribution to the understanding of traditional African justice, its resilience, and its potential relevance in the contemporary world. The article's rich, sharp, and well-crafted narrative offers policymakers, scholars, and practitioners a vital resource for exploring innovative pathways to justice that prioritizes community-centric values.

Managmet system of the Parthian State (250BC-224AD)

This research entitled (Managmet system of the Parthian State) (250BC-224AD) emphasizes on asoects of administration as well as various aspects of ruling the country. The current research consists of three main parts and a separate list of resources. The first part includes the system of governance and management and the military, which first examines the concept of management and the military, which first examines the concept of management and then explains the system of governance and how to manage the country, then examines the military structure of the Parthians. The second part explains the social and economic system, ehich means it tries to explain the social structure of that ear and then the economic management. Finally, the third part examines the judicial system and laws and how to issue judgments, and then the religious system and religions of the Parthians.

Analisis Sistem Pengawasan Hakim Dalam Mewujudkan Peradilan Yang Akuntabel

This study aims to examine and analyze the system of supervision and supervision of judges to realize an accountable judiciary. Research Methods Based on the research focus, this type of research is classified as normative legal research. Normative legal research is "a process rules to find a rule of law, legal principles, and legal doctrines to answer the legal issue at hand. The results showed that the judicial mafia that is endemic in the judicial power environment cannot be separated from the weakness of an institution's internal supervision system, the unconsolidation of internal and external supervision systems, the non-integration of inherent supervision and functional supervision, the non-accommodation of public participation through handling claims and complaints as well as the contribution of ideas and ideas to participate in maintaining dignity and respect Judicial power, weak character and integrity of judges and institutional leadership elements and still closed operational systems and procedures for the implementation of judicial power. With effective supervision, it can be ensured that judges carry out their duties by applicable ethical and legal standards.

The Legal Professional Privilege in Competition Law Cases – A Key Element in Protecting the Proper Administration of Justice

The legal professional privilege is an important principle underpinning the EU judicial system as it ensures the proper administration of justice, procedural efficiency and protects fundamental rights such as a client’s defence rights and the right to privacy enshrined in Articles 47 and 7 of the Charter. In competition cases, the European Commission has relied on an old ruling from the Court of Justice of the European Union (the ECJ), and only acknowledged one of these aims – the protection of the client’s defence rights. While the ECJ has recently received the chance to align the EU standard to that of the ECHR by broadening the scope of protection, the Commission appears unwilling to abandon its previous stance. It is important that the Commission shoulders the responsibility to ensure a procedure that is fair, and which acknowledges the basic principles underpinning a society governed by the rule of law. The current approach breathes life into questions on the legitimacy of its actions and the appropriateness of letting it take on the roles of enforcer, prosecutor and judge in competition cases, where companies not only risk having to pay fines of up to ten percent of their annual turnover, but now also appear to have to face the threat of divestitures should the Commission find that they are infringing the EU competition rules.

INSTALLATIONS OF THE JUDICIAL SETUP IN THE NEWLY MERGED AREAS OF ERSTWHILE FATA: THE FUTURE OF JIRGA

The Pashtun Jirga, a traditional dispute resolution system, has historically played a crucial role in promoting peace and resolving conflicts within Pashtun communities. However, the recent installation of a formal judicial system in the merged areas of the former Federally Administered Tribal Areas (FATA) in Pakistan raises questions about the future of the Jirga. This study examines the significance of the Jirga in Pashtun society and analyses the potential impact of the new judicial system on its continued existence. The research concludes that the formal system has had minimal influence on the prevalence of the Jirga primarily due to two factors: The local population is accustomed to and trusts the traditional Jirga system. Certain complex cases in the region prove challenging for the formal system to handle effectively, necessitating the assistance of the Jirga. Based on these findings, the study recommends the coexistence of both the Jirga and the judicial system. This approach would enable the region to benefit from the strengths of both traditional and formal systems, ultimately contributing to lasting peace and security.

Development and application of intelligent judicial trial assistance system based on generative artificial intelligence and machine learning technology

The intelligent judicial trial assistance system is an intelligent auxiliary judicial trial tool based on generative artificial intelligence and machine learning technology. It can achieve auxiliary functions such as case upload, trial result prediction, and legal document generation through automated, digital, and informational means. It utilizes technologies such as Recurrent Neural Networks (RNN) and Long Short-Term Memory networks (LSTM) to train generative models for generating trial recommendations and assisting in decision-making. Through in-depth research on the working principles and optimization paths of the intelligent judicial trial assistance system, the best applicable path for the system in judicial trial practice is explored. By establishing optimized models, risks and biases are minimized to the greatest extent.

Private schools and inequality

Abstract Among the significant inequalities within Britain’s school system, the greatest lies in the resources gap and the social segmentation between fee-paying and state schools. Published estimated average effects of attending private schools in Britain on academic performance are modest, but nevertheless significant at each stage of education. Cumulatively, by the end of a school career the private school pupil has gained notably higher qualifications compared with a state school pupil with an observably similar background—enough to ensure a distinct advantage in access to a high-status university, a good job and high pay. These gains add to the educational advantages of growing up with an affluent family background. An unusually high proportion of private school alumni occupy highly influential positions in business, in the judicial system, in the press and in politics. A further financial advantage from private school stems from an increased probability of partnering with a richer spouse. The hallmark of a good school policy for reducing inequality would be one that opens up access to private schools, so that participation is no longer constrained as much by financial background, and diminishes substantially the inequalities between schools’ resources. Feasible reforms are of two kinds: those that would lower parental demand for private schooling, inducing enlargement of the state sector, and those that would directly integrate pupils from the state sector into currently private schools. Currently, bursaries are far too small to make a substantial difference.