Judicial Jurisdiction Research Articles

Judicial and Legislative Jurisdiction in the Hague Conventions on Private International Law

The aim of the Hague Conference on Private International Law is to work towards international unification of the rules in this area. Its hundred years of activity, and particularly the past forty years, have been devoted to producing conventions unifying the rules of law in the three central issues of private international law: jurisdiction, choice-of-law, and the enforcement and recognition of foreign judgments. These three distinct issues correspond to three distinct stages of litigation. The rules of jurisdiction answer the question, which state's courts have jurisdiction to decide a case or, from the perspective of any given state: does its courts have jurisdiction over the case? Choice-of-law rules, in contrast, answer the question, which law should govern the case, irrespective of where it is being adjudicated? Finally, the rules relating to foreign judgments define the terms on which a decision given in one state will be recognised and enforced in another.

Tacit Submission to Jurisdiction: The Scope of Article 18 of the EEC Jurisdiction Convention

Knowing Bert Voskuil's interest in matters of international judicial jurisdiction and in the relation between jurisdiction and party autonomy, I thought he might be pleased with an essay on the interpretation of Article 18 of the EEC Jurisdiction Convention. Even so, it is with some trepidation that I venture into an area in which he is undoubtedly the expert. My observations will not be new to someone who has explored the procedural aspects of private international law as extensively as Bert Voskuil, and I have little hope of surprising him with my conclusions. Nevertheless, the question whether, and to what extent, jurisdiction can be based on implied prorogation rather than on an express jurisdiction agreement has scarcely been discussed in Dutch legal literature, and this Liber Amicorwn offers me a welcome opportunity to examine this subject a little further.

The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory

The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory

The federal courts in the political order: judicial jurisdiction and American political theory

The federal courts in the political order: judicial jurisdiction and American political theory

A Unifying Theory for Judicial Jurisdiction and Choice of Law

A Unifying Theory for Judicial Jurisdiction and Choice of Law

The Dutch Influence on the Conception of Judicial Jurisdiction in 19th Century America

Journal Article The Dutch Influence on the Conception of Judicial Jurisdiction in 19th Century America Get access James Weinstein James Weinstein 1James Weinstein is Associate Professor of Law, Arizona State University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 38, Issue 1, Winter 1990, Pages 73–101, https://doi.org/10.2307/840255 Published: 01 January 1990

Enforcement of Judgments and Judicial Jurisdiction in Canada

Journal Article Enforcement of Judgments and Judicial Jurisdiction in Canada Get access Vaughan Black Vaughan Black Search for other works by this author on: Oxford Academic Google Scholar Oxford Journal of Legal Studies, Volume 9, Issue 4, Winter 1989, Pages 547–556, https://doi.org/10.1093/ojls/9.4.547 Published: 01 December 1989

Judicial Jurisdiction in the United States and in the European Communities: A Comparison

Judicial Jurisdiction in the United States and in the European Communities: A Comparison

Procedural Rights of Aliens before Tribunals in Poland

With increased travel, greater internationalization of commerce, easier access to employment abroad, emigration, international aid, and fast, easy transportation and communications, there are now more occasions for conflicts between states, their nationals and aliens. Therefore, the question of access to local courts and the efficacy of remedies available in these courts is increasingly relevant. Conflicts are now complicated by the increase in the number of claimants from different legal systems (civil law, common law, the law of socialist states, or others) and by the differing claims on judicial jurisdiction brought about by the recent growth of multinational or regional entities and courts and permanent arbitration bodies of an international type. This study describes the legal regime concerning civil and commercial relations of aliens in Poland.

Supremacy of Community Law in National Courts: A Progress Report on Referrals under the EEC Treaty

The Common Market Treaty divides lawmaking power and judicial jurisdiction between the Community and the National legal systems. Its federalizing features' are the preemptive effect it envisions for Community law2 and the role it attributes to the Community Court2 as exclusive final8 arbiter in questions concerning the validity and interpretation of Community law. I have discussed elsewhere4 the Court's jurisdiction to entertain original5 cases as well as the theoretical framework of two other problems: How the Court exercises its function in cases pending before national courts (the referral problem) and in what way the supremacy of the substantive, federal Community law can be assured in national legal systems (the supremacy problem). In both of the latter areas, the Community Court had provided early landmark

Constitutional Limits on Free Choice of Law

Between thirty and forty years ago, and especially in the early 1930's, it seemed that the of conflict of laws might be about to become a branch of constitutional law.' The United States Supreme Court was using the due process of clause of the fourteenth amendment, and to a lesser extent the full faith and credit clause, to prescribe for state courts in choice-of-law cases, as well as in jurisdiction to tax and judicial jurisdiction cases, the one permissibly governing by which the facts could constitutionally be controlled.2 Since the early I940's, however, the Supreme Court has backed away from this single proper law approach, and has in choice of law, taxation, and judicial jurisdiction cases held that constitutional requirements are satisfied by a widening variety of factual contacts with the state whose is chosen as governing.3 Typically, the Court today says:

Bases of Judicial Jurisdiction in the Common Market Countries

Journal Article Bases of Judicial Jurisdiction in the Common Market Countries Get access Martha Weser Martha Weser 1MARTHA WESER is Docteur en Droit, University of Paris; Member of the Benelux Commission for the Unification of Private Law Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 10, Issue 4, Autumn 1961, Pages 323–344, https://doi.org/10.2307/838473 Published: 01 October 1961

Agner v. Commonwealth. Sept. 15, 1904. [48 S. E. 493.] Municipal Corporations. City Charter. Construction. Mayors. Judicial Jurisdiction. Misdemeanors

Agner v. Commonwealth. Sept. 15, 1904. [48 S. E. 493.] Municipal Corporations. City Charter. Construction. Mayors. Judicial Jurisdiction. Misdemeanors

XVIII. An Outline of the History of the Court of Star Chamber, in a Letter from John Bruce, Esq. F.S.A., addressed to Thomas Amyot, Esq. F.R.S., Treasurer

The jurisdiction of the Court of Star Chamber is connected with a variety of curious questions relative to the ancient “Consilium Regis,” which, although often approached by writers of great reputation, do not appear to have been as yet satisfactorily elucidated. Whilst men were within the reach of this powerful judicature, they seem to have been unwilling to inquire too curiously into its origin; and, since its overthrow, the loss, or destruction, of its records, has increased the difficulties inseparable from such an investigation. I propose to attempt an outline of that part of the subject which is necessary to be considered by those who desire to form a general idea of the nature of the judicial jurisdiction exercised in the Star Chamber, and, by that means, to understand the reasons of the abhorrence in which that Court was held by our ancestors of the seventeenth century. If you deem the inquiry likely to interest the Society of Antiquaries, you will oblige me by submitting my remarks to that body. Amongst them I am aware there are many persons who are more favoured by circumstances, and better able, than myself, to treat the whole subject satisfactorily;—perhaps my paper may induce some one of them to give his attention to the inquiry.