Judicial Opinions Research Articles

Design of judicial public opinion supervision and intelligent decision-making model based on Bi-LSTM

Fuzzy preference modeling in intelligent decision support systems aims to improve the efficiency and accuracy of decision-making processes by incorporating fuzzy logic and preference modeling techniques. While network public opinion (NPO) has the potential to drive judicial reform and progress, it also poses challenges to the independence of the judiciary due to the negative impact of malicious public opinion. To tackle this issue within the context of intelligent decision support systems, this study provides an insightful overview of current NPO monitoring technologies. Recognizing the complexities associated with handling large-scale NPO data and mitigating significant interference, a novel judicial domain NPO monitoring model is proposed, which centers around semantic feature analysis. This model takes into account time series characteristics, binary semantic fitting, and public sentiment intensity. Notably, it leverages a bidirectional long short-term memory (Bi-LSTM) network (S-Bi-LSTM) to construct a judicial domain semantic similarity calculation model. The semantic similarity values between sentences are obtained through the utilization of a fully connected layer. Empirical evaluations demonstrate the remarkable performance of the proposed model, achieving an accuracy rate of 85.9% and an F1 value of 87.1 on the test set, surpassing existing sentence semantic similarity models. Ultimately, the proposed model significantly enhances the monitoring capabilities of judicial authorities over NPO, thereby alleviating the burden on public relations faced by judicial institutions and fostering a more equitable execution of judicial power.

Transgender Legal Recognition in North Africa: Between the Hammer of Sharia and the Anvil of the Judiciary

Abstract The right to legal gender recognition is integral to transgender rights and is the final step for many transgender people to realise their true gender identity. However, In North Africa, this right is primarily restricted due to the lack of a legislative framework that governs the issue. This legislative vacuum means two things: firstly, principles of Sharīʿah are the de-facto law regulating the matter, and secondly, Courts will have the jurisdiction over reviewing legal gender recognition applications. Sunni Islamic scholars did engage on transgender issues starting in the 1980s when Egypt’s Al-Azhar and Saudi Arabia’s Islamic Fiqh Council issued prominent fatwas, providing a very unfavourable interpretation of transgender people. The fatwas viewed transgender people as mentally ill who should not be allowed access to gender-affirming healthcare and should be provided with mental treatment to ‘return to their true sex’ and fit within the binary. While the fatwas only discussed banning access to gender-affirming healthcare, North African Courts adapted this ban to mean a ban on legal gender recognition for transgender people. Thus, judicial opinions in the region developed to deny legal gender recognition on the grounds of Sharīʿah. However, a 2018 Tunisian Court became an anomaly when it reinterpreted Sharīʿah to allow a transman legal gender recognition in a landmark decision. The impact of this judgment remains limited, as so far, Courts still maintain their ban on legal gender recognition. The paper is conducting the primary scholarly effort to establish a legal theory on legal gender recognition for transgender people in North Africa by investigating the issue by analysing case law from Egypt, Tunisia, Algeria, and Sunni Fatwas from Al-Azhar and Islāmic Fiqh Council to theorise the region’s legal and religious discourse on legal gender recognition for transgender people.

The improvement of judicial protection of marine environment in China: based on the analysis of 2,443 judicial cases

With the proliferation of human activities, a series of marine ecological and environmental problems have arisen. Judicial application is important to test legislative achievements, explore judicial difficulties, and examine the compliance with the law. There is no case law in China and the impact of judicial decisions on the protection of marine environment is therefore indirect. Judicial decisions can reflect the implementation of the Marine Environmental Protection Law and play a crucial role in improving the marine environmental protection. An analysis of 2,443 cases related to marine environmental protection heard by courts at all levels across China from 1 January 2019 to 31 December 2023 has been conducted. The findings indicate an overall downward trend in cases related to marine environmental protection, suggesting positive governance outcomes to some extent. However, certain problems remain in the judicial protection of marine environment. Therefore, legislative efficiency should be properly increased and an independent crime for marine environmental pollution should be introduced to further clarify the legal bases for marine environmental protection. The intelligent trial assistance technology should also be applied to shorten trial time, improve trial efficiency, and unify judicial rules. The People’s Courts should play an active role in the provision of evidence and specific evidentiary burden provisions for different types of marine environmental pollutions should be proposed. The data sharing channels between various systems should be facilitated and the functionality for case referral should be developed for the coordination of administrative enforcement and criminal justice within a unified administrative enforcement platform.

Future Generations in Climate Litigation: Early Whispers of an Intergenerational Law?

Abstract The “migration” of Future Generations from a moral to a judicial context represents a captivating development in contemporary legal discourse. Recent years have seen a surge in courts across various nations addressing the intersection of future generations and climate litigation. This nexus, far from being coincidental or sporadic, epitomizes a deeper societal and legal dilemma that necessitates a nuanced articulation for effective resolution. The main objective of this Article is to provide preliminary insights for contextualizing this legal evolution. Initially, the Article delineates the journey towards social legitimacy of climate science. Subsequently, it examines the impact of this social legitimation on judicial rulings, particularly observing an emerging trend in climate litigation to expand the temporal scope of legal relevance. The Article culminates in an exploration of the possible interplay between the legal significance of future generations and the extension of the law’s temporal horizon. This conjectural postulation is substantiated through select historical precedents.

Adhesión del régimen de vigilancia y control fiscal a los principios de gestión y gerencia pública en el marco constitucional colombiano

This article examines the evolution of the fiscal oversight and control regime in Colombia from the perspective of public management and administration. Through a qualitative analysis of doctrine, legislation, and jurisprudence, the study seeks to understand how this system has evolved, particularly following the 1991 constitutional reform. The research reveals significant progress in implementing a more proactive and preventive fiscal control framework, focused on efficiency, economy, and equity. However, persistent challenges remain, such as effective resource management and the prevention of corruption. The methodology employed combines an exhaustive review of academic literature with an analysis of key documents, such as judicial rulings. The findings highlight the importance of strengthening the autonomy of territorial comptroller offices and promoting greater coordination among oversight entities to effectively combat corruption. In conclusion, this study underscores the close relationship between fiscal oversight and public administration, emphasizing the need for efficient and responsible public management to ensure the proper use of state resources. It concludes that while important advances have been made, challenges remain that require constant attention from the competent authorities.

Review the principle of trust in the marketing of investment-linked insurance products (PAYDI) in bancassurance

Trust is an essential element in the realm of investment. This study examines two legal issues in Bancassurance's PAYDI marketing. This study employs normative legal research, a systematic scientific approach used to address legal concerns that result from regulation. The utilized data consists of secondary sources, including statutes, judicial rulings, legal doctrines, and scholarly viewpoints. This study suggests that it is important to examine the teleological contractual relationship between the parties involved, particularly those that place importance on the social and moral components of the contract's goal. The collaboration between PAYDI and life insurance firms in implementing bancassurance marketing strategies with distribution business models is essential.

Robotic Judges: A New Step Towards Justice or the Exclusion of Humans?

Objective: The paper addresses how artificial intelligence can play this distinctive role at present and the vision for its development in the future. Theoretical Framework: The paper addresses the advantages enjoyed by human judges regarding cases, issuing judicial rulings and decisions, and resolving disputes. Additionally, it will discuss artificial intelligence's place in this area and the benefits it can bring to the table to promote fairness, impartiality, and objectivity in court decisions. Method: The analytical approach was used to extract the working mechanisms of artificial intelligence in this field and identify cases of bias based on practical practice and the experiences of some countries, such as the United States of America and China. Results and Discussion: Artificial intelligence plays a significant role in all fields, including legal and judicial. However, we cannot rely on the AI systems 100% and replace human judges. Research Implications: This paper examines the controversy surrounding replacing human judges with other robotic judges supported by artificial intelligence technology, powerful algorithms, and big data. Originality/Value: This study contributes to the literature by explaining the role of Artificial intelligence and how AI can play a significant role in all fields, including legal and judicial.

Legalizing Bequests to Heirs in Egypt as a Legislative Application of Talfīq: towards a Purposive Interpretation of Article 37 of Law No. 71/1946

Abstract This paper tackles one example of interaction between state laws and social norms. It investigates the rationale behind the unprecedented legalization of bequeathing to heirs in Egypt that happened by the virtue of article 37 of law no. 71/1946. This article represents a legal rule that renegotiates a well settled matter in the Sunni jurisprudence based on an undefined common need that was alleged in the explanatory memorandum of this law. The paper investigates that common need through an originalist approach into the mentioned article then validates the output of that investigation by a review of relevant judicial rulings. As part of this originalist approach, the paper engages with the available data pertaining to the drafting process of law no. 71/1946, the key members in the drafting committee, and the parliamentary discussion on article 37 of the law. It also attempts a contextual reading for article 37 to understand its legal rationale and propose criteria for judicial enforcement that would maintain this rationale.

A Review of Judicial Opinions Interpreting the Novelty Provisions of the America Invents Act

A Review of Judicial Opinions Interpreting the Novelty Provisions of the America Invents Act

Research on the Regulatory Path of Generative Artificial Intelligence in Judicial Decision-Making

With the rapid development of generative Artificial Intelligence (AI) technology, its potential applications in the field of judicial decision-making are becoming increasingly apparent. This paper explores the current state of generative AI in judicial rulings, highlighting its advantages and challenges, and analyzes the corresponding regulatory needs. By constructing a theoretical framework, the paper proposes regulatory paths suitable for this field, including the establishment of a legal framework, the design of regulatory mechanisms, and the promotion of social participation. Through the study of relevant domestic and international cases, this paper aims to provide theoretical support and practical guidance for the standardized application of generative AI, thereby promoting its safe and efficient development in the judicial domain.

Exploration of Deep-Learning-Based Approaches for False Fact Identification in Social Judicial Systems

With the many applications of artificial intelligence (AI) in social judicial systems, false fact identification becomes a challenging issue when the system is expected to be more autonomous and intelligent in assisting a judicial review. In particular, private lending disputes often involve false facts that are intentionally concealed and manipulated due to unique and dynamic relationships and their nonconfrontational nature in the judicial system. In this article, we investigate deep learning techniques to identify false facts in loan cases for the purpose of reducing the judicial workload. Specifically, we adapt deep-learning-based natural language processing techniques to a dataset over 100 real-world judicial rules spanning four courts of different levels in China. The BERT (bidirectional encoder representations from transformers)-based classifier and T5 text generation models were trained to classify false litigation claims semantically. The experimental results demonstrate that T5 has a robust learning capability with a small number of legal text samples, outperforms BERT in identifying falsified facts, and provides explainable decisions to judges. This research shows that deep-learning-based false fact identification approaches provide promising solutions for addressing concealed information and manipulation in private lending lawsuits. This highlights the feasibility of deep learning to strengthen fact-finding and reduce labor costs in the judicial field.

Did the Prophet practice Ijtihad? An Inquiry into the Prophet's Personal Opinion-Based Juridical and Judicial Ruling

This research paper delves into the intriguing question of whether the Prophet Muhammad practiced Ijtihad, issuing personal opinion-based juridical or judicial rulings without explicit divine revelation. It explores the varying perspectives of jurists and Muslim scholars on this matter, with some permitting the Prophet's reliance on his intellect and understanding for issues related to worldly affairs, such as politics, war, agriculture, and judicial cases but not religious matters. The distinction between purely religious and public affairs is supported by numerous texts and narrations. The paper discusses the controversy arising from conflicting interpretations of Quranic and Hadith texts regarding the Prophet's reliance on divine revelation versus his judgment. While some argue that all the Prophet's statements are revelations from God, others point to instances where his opinions were not based on revelation but on Ijtihad. Furthermore, this study underscores the narrower application of Ijtihad in strictly religious matters compared to its broader use in non-theological affairs, adapting to changing situations and times. This controversy prompts a reevaluation of the rigid adherence to the Prophet's tradition in all aspects of Muslim life. It raises questions about the adaptability of these traditions to contemporary situations influenced by politics, technology, culture, and social values. The paper concludes by advocating for a thoughtful categorization of the Prophet's traditions, such as Fatwahs, judicial, theology, politics, personal matters, social, and cultural issues, to determine their relevance and obligatory status for the Muslim community. This categorization, the paper argues, would provide a solid framework for applying the Prophet's tradition, taking into account the dynamic nature of public affairs.

The Legislative Drafting of Sources of Judicial Ruling in the Jordanian Personal Status Law No. 15 of 2019

The Legislative Drafting of Sources of Judicial Ruling in the Jordanian Personal Status Law No. 15 of 2019

PROTECTION OF INDIVIDUAL PROPERTY IN DUBAI REAL ESTATE EXPROPRIATION LAW OF 2022 IN LIGHT OF NARROWING THE CONCEPT OF PUBLIC BENEFIT

In light of the rapid urban and cultural renaissance in Dubai and the need to expropriate real estate owned by individuals, this paper discusses the protection of individual property in the Emirate of Dubai Real Estate Expropriation Law of 2022. It has sought to examine and investigate the process of expropriation of individual property under the Emirate of Dubai Expropriation Law No. (2) of 2022 and to show that the Dubai legislature has narrowed the concept of public benefit and defined the conditions and mechanism of expropriation, the body responsible for issuing expropriation decisions, and what procedures should be followed. This study is of great importance as it shows that property rights are protected under the UAE Federal Constitution of 1971 and the Emirate of Dubai Real Estate Expropriation Law of 2022. It contributes to illuminating the way for the expropriation committee to take the necessary measures that help determine the fair compensation that should be paid to the owner of the expropriated property. It has concluded that expropriation is one of the most dangerous interferences with property rights and this interference is restricted to exercise in the public benefit and exchange for fair compensation. Our findings, however, emphasise the need to set controls and standards for the concept of public benefit and introduce a right to appeal the expropriation committee's decision before the court. In this research, we adopt a mix of descriptive, analytical, and inductive approaches to thoroughly evaluate and link the legislative texts and judicial rulings.

Письма судей и органов судейского сообщества как объект проверки в порядке гражданского и административного судопроизводства

The procedures for citizens to challenge the decisions, action (inaction) of state bodies and officials are widespread in Russian procedural law. Notwithstanding the clear, at first glance, regulation of objects of verification and list of persons, whose decisions, action (inaction) can be appealed in court, in practice there're still controversial cases when citizens and organizations try to protest the letters from judges containing answers on procedural and non-procedural issues arising during the resolution of the case on the merits. Particularly it's about determining the legal nature of letters from judges on the return of statements of claim, on the termination of correspondence with the party; letters sent by court staff (consultants, etc.); letters from bodies of the judicial community. In order to qualify the letters from judges that are not issued as a court ruling the author offers to determine signs of judicial rulings in them. As for letters sent by court staff and bodies of the judicial community the author, based the object and subject criteria, concludes that it is unacceptable to appeal such documents in civil or administrative proceedings.

Language Acceptability of Texts in Legal Education: A Case Study from the Perspective of LCT Semantic Density

Language acceptability can be defined as the interaction of complexity and context-dependence of meanings, or semantic density and semantic gravity in Legitimation Code Theory (LCT). This study explores language acceptability in legal education through the lens of semantic density in LCT. Using an American judicial opinion as the data, this study demonstrates how language acceptability can be explored at three levels—text, sentence and word through the analysis of semantic density. The dynamics of language acceptability is also taken into account. This study can serve as a reference for evaluating the language acceptability of legal texts, thereby offering a tool for teaching legal language.

Foundations and Applications in Political Theory: An Analytical Study

This study explores the practical applications of political theory, focusing on how fundamental principles are translated into real political actions within governance and decision-making contexts. The first section addresses the identification of core principles such as democracy, justice, equality, sovereignty, legitimacy, and rights, which serve as a theoretical framework for political systems and policy formulation. Each principle is examined in depth, highlighting its significance in shaping governance and social order. For instance, democracy emphasizes citizen participation and accountability, while justice relates to fairness and equitable distribution of resources. Various political scenarios where these principles are applied are discussed, including legislative debates, policy-making processes, electoral campaigns, diplomatic negotiations, and judicial rulings. Each scenario illustrates the practical implications of political theories, demonstrating how lawmakers, policymakers, and diplomats engage with these concepts to address societal issues, Furthermore, the study emphasizes the necessity of considering stakeholders' perspectives, including government officials, political parties, civil society organizations, interest groups, and citizens, in evaluating the effectiveness of political actions. Through a critical analysis of these applications, the study assesses the outcomes of political decisions and governance practices, focusing on their alignment with democratic values and the protection of individual rights. It also addresses challenges such as institutional barriers, conflicting interests, and resource constraints that hinder the realization of political ideals. Ultimately, the study offers recommendations to enhance the significance of political theory in contemporary political discourse, advocating for collaborative efforts between theorists and practitioners to ensure that theoretical ideas inform practical policymaking. This study underscores the vital role of political theory in understanding and addressing current political challenges, contributing to enlightened governance and social progress.

Role of registry offices regarding the expiration of precautionary measures according to Law 1579 of 2012

In the context of Colombian legislation, the registry offices of public instruments play a role of significant relevance. These offices operate as intermediaries for the materialization of the transfer of real estate, pursuant to Article 756 of the Civil Code. In this analysis, we address the crucial role of the registry offices of public instruments in relation to the expiration of precautionary measures, framed in Article 64 of Law 1579 of 2012. Since more than ten years have passed since the implementation of this provision, the processes involving the renewal of precautionary measures have been addressed in correspondence with the interested parties and their legal representatives. In order to understand this approach, a methodology based on documentary review has been adopted, analyzing relevant research on the subject. Through this analysis, it has been possible to corroborate the usefulness and relevance of forfeiture as it has been conceived in the legislation. It is evident that precautionary measures were designed with the purpose of ensuring compliance with judicial rulings, in response to a global reality in the field of the administration of justice: the time required to initiate, develop and conclude a legal process. In the Colombian context, this duration is excessive. However, these measures are essential to safeguard the results of judicial decisions and have been conceived as a response to the prolonged time involved in carrying out a legal process in various justice systems (Case T-356/18, Constitutional Court, 2018)

Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence

This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.

Recent judicial rulings on collective bargaining

This study aims to take a look at the most outstanding interpretative questions of the current regulation of collective bargaining, analysing the criteria that has been given to them by the jurisprudence of the Supreme Court. From this analysis it can be deduced that the rulings handed down on the matter have on some occasions been clarifying, providing the necessary legal certainty, on other occasions it has been a creative jurisprudence that has not failed to spark debate among scientific doctrine and, finally, in some cases, the difficulties in applying such criteria are pointed out, even pointing out on occasion the opportunity to carry out some type of legal intervention to definitively solution to the regulatory gaps detected.