Judicial Sector Research Articles

A Study on ECOURT System of Sagar District of Madhya Pradesh

Receiving equitable treatment within the judicial framework is an inherent entitlement for all citizens of our country, within the framework of the constitution and laws laid down from time to time. However, the dispensation of justice is frequently prolonged due to the considerable backlog of cases in various tiers of the legal hierarchy. One of the significant reasons for this delay in justice is the citizen-to-judge ratio. With COVID in effect, the backlog of cases increased significantly, according to the NJDG census of 2023. To harness the momentum of technological advancements in the judicial sector. The e-court project was initiated in 2007. The objective of this project is to establish a justice delivery system through ICT, characterised by transparency, accessibility, efficiency, timeliness, and affordability, accessible to all citizens. The focus of this research was to understand the workings and functioning of the e-court system at the District & Session Court of Sagar and to check the awareness of the judicial sector and general public about the e-court system. The study employed the descriptive research method to fulfil its objectives.

Restoration of court services as a configuration for legal development with legal certainty, justice and benefits

This study seeks to evaluate the contribution of reestablished court services in attaining legal certainty, justice, and societal benefit, while examining the framework of restored court services as a mechanism for fostering comprehensive judicial advancement. Employing both a statutory and theoretical perspective, this study adopts a normative legal research approach. The findings illustrate that the objective of judicial reform is to safeguard both individual and collective rights, contributing to the realization of a fairer and more equitable society. The progression of legal principles is achieved through various reforms, including those within the judicial sector, taking into account the diverse array of existing legal frameworks and the influence of globalization.

Strengthening accountability and sustainability reporting: does stakeholder engagement really work? Evidence from the judicial sector

PurposeThis study aims to explore to what extent stakeholder engagement affects the sustainability reporting (SR) process and if it succeeds in facilitating the encounter between demand and supply of accountability, as well as the main challenges of this practice, by focusing on a crucial and under-investigated public sector area, the judicial system.Design/methodology/approachThe study adopts an action research (AR) approach. Specifically, it focuses on a specific phase (i.e. stakeholder engagement) of the broader project that was carried on from 2019 in an Italian Public Prosecutor’s Office. Data were collected from multiple sources, i.e. written notes and reports gathered during meetings, the survey administered to stakeholders and the published sustainability reports.FindingsStakeholder engagement may be a valuable and effective tool for improving the level of accountability, as it increases the responsiveness of SR to the informative needs of stakeholders. However, the study also highlights some critical points that must be addressed to exploit this fully. Among these is the need to act upstream of the process by working on an accounting system that goes beyond the economic dynamics and can effectively answer the accountability demand.Originality/valueThe study contributes to theoretical and empirical knowledge by exploring a topic and a public sphere still limited investigated, i.e. the stakeholder engagement in sustainability in the judicial sector. The AR approach also presents some originality points, as it is low widespread in management and accounting literature.

Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia

The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial review of laws and regulations can be liberalized by law because its power violates the constitutionality of the law.

Technological Strategies and Performance of the Judicial Sector in Kenya: A Case of Nairobi City County

Purpose: Innovations and rapid diffusion of information and communication technologies in institutions are currently experiencing revolutionizing organizational processes. Globalization equally fuels the adoption of the ICT as the basis for digital operations are changing the way organizations operate. Studies on various countries’ courts show that the judicial efficiency affects a country ‘s entrepreneurial activities; this reduces as the level of inefficiency increases. Thus, the study sought to analyze the influence technological strategies on performance of judicial sector in Kenya. Specifically, the study proposed to determine the influence of technological sourcing; technology posture; technological culture change; technological capacity on the performance of the judicial sector in Kenya.
 Methodology: By adopting descriptive research design, the study targeted all the five magistrate courts in Nairobi City County and purposively targeted nine offices per station, comprising (magistrate, court clerk, court accountant, court secretaries, court Archivist, HR and Administration officer, ICT officer, Procurement officer, and Library assistant, yielding a total of 45 sample size respondents for the study. Primary data was collected through structured questionnaires, which was piloted to ascertain its reliability and validity. Data was analyzed both descriptively as well as inferentially with the help of SPSS program (v.25.0) and MS Excel 10 softwares; and results presented using tables and charts for interpretation.
 Findings: From the study results, all the technological strategies variable had a positive and significant relationship with performance of the judicial sector in Nairobi City County in Kenya.
 Unique Contribution to Theory, Practice and Policy: The study was formed by the following theories: Transactional Cost, knowledge based; Stakeholders; Culture theory as well as the Task-technology fit theory. The study recommended that magistrate courts in Nairobi City County in Kenya should enhance their technological strategies since the strategies have been shown to bear a positive and significant effect on performance. The magistrate courts can achieve this through adopting advance technological orientations, especially where sourcing and culture of operations are concerned.

Social media use for offline political action (OPA) and corruption in Africa: Impacts and transmission channels

Despite a growing literature on the determinants of corruption, existing studies are sparse on the channels through which social media curbs corruption using panel data. Social media is captured by the percentages of the population and elites that use social media for offline political actions (OPA). This research uses annual data from a panel of 47 African countries over the period 2000–2018. Results show that social media used by the population for OPA directly curbs executive, judicial and legislative corruption. The use of social media by elites for OPA boosts corruption in the judicial sector. Moreover, social media indirectly curbs corruption through their effects on civil society participation. Reducing corruption in Africa requires inter alia, policies aimed at promoting the use of social media for OPA, the emergence of dynamic and effective civil society participation and the improvement of the quality of democracy.

Mental disorders in judicial workers: analysis of sickness absence in a cohort study.

To analyze risk factors for sickness absence due to mental disorders among judicial workers in Bahia, Brazil. Retrospective cohort with follow-up from 2011 to 2016 with 2,660 workers of a judicial sector in Bahia, Brazil. The main outcome measures were survival curves estimated for the independent variables using the Kaplan-Meier product limit estimator and risk factors for the first episode of sickness absence calculated based on the Cox regression model. The survival estimate of the population of this study for the event was 0.90 and from the Cox model the risk factors for the first episode of sickness absence due to mental disorders were: female (HR = 1.81), occupation of magistrate (HR = 1.80), and age over 30 years old (HR = 1.84). In addition, the risk for new cases of sickness absence among women reached 4.0 times the risk for men, in 2015. The estimated relative risks of sickness absence and the observed survival reduction behavior over time add information to the literature on sociodemographic and occupational factors associated with sickness absence due to mental disorders in the public sector. These results highlight the need for further research to more precisely identify vulnerable groups at risk of preventable mental health-related sickness absence in the workplace, better identify the workplace organizational factors that contribute to these disorders as well as studies on the effectiveness of workplace interventions to improve mental health among judicial and other public sectors workers.

Identifying and prioritizing barriers and challenges of Social Innovation implementation in the Public Sector

Social innovation (SI) is one of the latest approaches for empowering the public sector (PS). Because of the bureaucratic nature of the PS, implementation of social innovations in PS faces many challenges. This study is trying to identify and prioritize these barriers and challenges focusing on the judicial sector. This study has used a mixed-method. In the qualitative stage, by reviewing the literature and applying the focus group interview method with 12 experts, 40 barriers and challenges were organized into seven categories. In the quantitative step, 18 experts that were identified based on the purposive sampling method have answered the questionnaire and the challenges were prioritized using a fuzzy TOPSIS method. The results showed that the lack of a proper regulatory system for social innovators is the main challenge the SI faces in the judicial system. Finally, structural, functional, and behavioral recommendations were provided to remove these barriers.

التكييف الفقهي لجريمة الابتزاز عبر الوسائل الالكتروني وعقوباتها في الشريعة الإسلامية

The development in the technical field was accompanied by the emergence of new forms of crimes, including the crime of extortion, which moved from the traditional reality to the virtual world, and the technical means of communication became a lush ground for it. The forms and methods of committing it also varied, and accordingly this research seeks to define this crime and explain its characteristics and international legislation to reduce it. The study also seeks to clarify the jurisprudential adaptation of this emerging incident and tries to liberate the jurisprudential principle on which it is built. The researcher used the analytical descriptive approach due to its suitability for the variables of the study. The research concludes several results, the most prominent of which are: (i) the importance and necessity of al-takyif al-fiqhi to demonstrate the comprehensiveness of Islam for all facts and calamities, (ii) the crime of electronic extortion changes its form and accelerates with digital growth, the importance of holding developmental courses in the technical aspects of workers in the judicial sector, and (iii) to understand the characteristics of this milieu, so that the judge and the mufti are fully aware of the cases or fatwas referred to them that enable them to clarify the estimated punishment and prevent these crimes.

Asian Courts in Times of COVID: Virtualization and the New Normal

AbstractThe unprecedented COVID-19 pandemic has caused restrictive measures to be established in many sectors including the legal and judicial sector; an example is the use of electronic litigation systems and video-conferencing facilities for trials. With the implementation of changes in the legal and judicial sector to adapt to restrictions arising from the pandemic, there is the question of whether the current rules governing civil-court proceedings are designed to accommodate these changes. This article seeks to explore the measures taken by courts in response to the pandemic with a focus on Asia, notably Singapore. The article will outline the legal basis for the use of live video links for the purpose of witness evidence-taking under Singapore law and the possible implications will be reviewed taking Singapore’s civil proceedings as an example in comparison with other jurisdictions.

INTERNATIONAL AND REGIONAL PROTECTION OF THE RIGHT TO INVIOLABILITY HOUSING: COMPARATIVE LEGAL STUDY

The international community has expressed its efforts in the field of protecting human rights and various freedoms through international conventions and regional and Arab pacts. Countries have made great efforts to develop the justice system over the past decades. International and local efforts in the Gulf countries in general and in the United Arab Emirates and Saudi Arabia in particular focus on providing a legal and just environment that works to guarantee the rights of every person in general. Everyone is equal before the law. The regulatory and technical authorities in both countries, through Visions 2030, have worked to raise the level of coordination and cooperation between the criminal justice and security sectors in legal, organizational, executive, and judicial terms; to develop the judicial sector in both countries and the security sector in particular; and to prepare and train their men to preserve human rights during the exercise of their work. They wrote this protection into the texts of their rules and laws, which made it easier for them to work faster and cut down on the time it took to find out the truth about the crime they were looking into. They also made sure that people's physical and moral freedoms were protected during housing inspections. An inspection is one of the most important and most dangerous criminal procedures that security men can carry out, and its content is a violation of human rights. It is also one of the most important and urgent investigation procedures, whether it is on the person of the accused, or in his residence, with the aim of revealing the truth of the crime that actually occurred and is not probable, and the search and careful investigation of its evidence that may prove or may deny the conviction of the person of the accused or the accused who have been ordered to search, or those previously ordered to arrest them. The problem of the study here is the question of the adequacy of international and regional legal texts with regard to judicial inspection, which is capable of protecting the human right to preserve the sanctity of his home or not. As a result, the study intends to examine international and regional legal texts in both the Saudi system and UAE law, as well as discuss their statutory authority in protecting the human right to the sanctity of their private lives during home inspections. The study revealed the inadequacy of international and regional texts in protecting human rights to the sanctity of their private lives. It appears to be law enforcement officials carrying out the procedure in the manner in which they adhere to the sanctity of the home, and the Saudi system corrects the evidence for it despite the invalidity of the procedure. Because of this, it is important to change some texts to protect the right to the sanctity of the home.

Relations Between State Institutions in Indonesia after the Amendment to the 1945 Constitution

Amendments to the 1945 Constitution resulted in changes to state institutions. This is due to changes in the provisions governing state institutions. Some fundamental principles that determine relations between state institutions include the Supremacy of the Constitution, the Presidential System, and the Separation of Powers and Checks and Balances. Based on the description of the discussion in this article, it is concluded that the relationship between state institutions in Indonesia includes: (1) Relations between State Institutions in the Field of Government; (2) Relations Between State Institutions in the field of Legislation; (3) Relations Between State Institutions in the Judicial Sector, namely; (a) Relations between the Supreme Court and the Constitutional Court; (b) Relations between the Supreme Court and the President; (c) Relations between the Supreme Court and the House of Representatives.

A Review article on Embedded System based Robotics Controlled Judiciary Library

The advent of Internet of Things (IoT) technology about two decades ago has started making lives of people smarter andmore productive, in spite of this, the technology is in its initial stage and can be utilized to a great extent in numerousapplications. One of the applications of IoT is in Judiciary. This review article deals with the application of IoT technologyin the field of law. Few applications of IoT in the Judiciary include superior analytics, better evidence and its presentation,and optimized and easy court processes that can enhance processes, eliminate excessive procedures and prolonged timeand mitigate corruption. Using IoT in Judiciary, e-library at different court levels can be created and the petitioners canaccess the status of the cases at any time. Also, IoT-based Embedded Systems can also be used to keep track of criminalsproviding real-time live updates. Judicial sector can become even smarter using IoT, a major requirement in developingcountries like India.

PERSONNEL OF THE JUDICIAL AUTHORITIES OF OSTYAKO-VOGULSKY (KHANTY-MANSIYSK) NATIONAL DISTRICT IN THE 1930s – THE FIRST HALF OF THE 1950s

The article provides brief information about the staff of the judicial authorities of the Ostyako-Vogulsky (later Khanty–Mansiysk) National District in the period from the early 1930s to the first half of the 1950s; its characteristic features are reflected. Attention is drawn to the qualitative characteristics of the district courts’ staff; first of all, emphasis is placed on weak professional and educational levels of judges, short periods of their activity until the early 1950s. The article presents information about the main sources containing data on employees of the judicial system. In parallel with the statement of facts, the article identifies and indicates the reasons for inappropriate qualification of judicial officers, which were primarily geographical factors due to remoteness of the territory from regional centers, lack of proper transport links, which entailed impossibility to move to improve education and to pass advanced training, and at the same time this did not contribute to attracting competent labor personnel, made it impossible to create reserves. The conclusion is formulated about the dependence of the quality of legal proceedings on the activities carried out by representatives of the judiciary. The emphasis is placed on a large coverage of judicial officers in military operations during the Great Patriotic War, proper performance of military duty by judges. The stages of the forming the district and its subsequent development in the aspect of the administrative-territorial structure of the region are outlined. The relevance and importance of the stated topic are noted. The conclusion is also made about a significant contribution of Ugra’s judicial sector to the overall development of the district.

Judicial Landmarks in Modern Governance: The Contemporary Constitution in a Common Law Medium

Governance institutions evolve within historically-marked ‘frontiers’, but the judicial sector more so, in view of its sharper normative design. The motions of courts are shown to rest upon legal principles and patterns that draw cast and moulding from inputs of scholars and jurists nurtured in the common law tradition, and their heritage has constantly attended upon the conception and formulation of the modern codified Constitution, which constantly draws upon the same for its effectuation. The Constitution, therefore, rests upon the people’s sovereign mandate, and the direct legislative signals, just as it remains predicated upon regular interpretation and re-definition by the values of the judicial order, largely evolved under the common law tradition – and thus, dependent upon the inspirational works of ages, of distinguished jurists in that tradition.

Chinese Innovative Practices for Transparency in Judicial System

Transparency and openness are necessary things in order to develop a fair judicial system that can protect people’s rights and uphold rule of law in the society. Over the past forty years, China has been undertaking massive reforms in judicial sector for turning it into an open, transparent and fair system. Various online mechanisms have been developed with the deployment of information technology into the judicial system, which have effectively turned the Chinese Judicial system into transparent one. Significant improvements have been made by Chinese People’s Courts for making convenience in the cases management system, development of a system of public hearings, disclosure of information related to parole and Commutation, and development of a public information system online containing documents related to cases i.e. hearing notices, orders, judgements and other necessary information. This research paper focuses on the innovative mechanisms developed by the Chinese Government and People’s Courts to showcase those steps as learning experiences for other jurisdiction.

Judicial Transparency as Judicial Centralization: Mass Publicity of Court Decisions in China

ABSTRACT The mass publicity of court decisions in China, this article argues, is part of the larger trend of the Chinese judiciary becoming increasingly centralized. The transparency reform enables the Supreme People’s Court to control the information reporting process within the judicial hierarchy and rein in local courts through public scrutiny. Interestingly, local courts responded strategically, making disclosure far poorer than required. Meanwhile, the central government has dispatched more cadres to local courts, and these cadres are associated with more than a 10 percent higher disclosure rate of judicial decisions, suggesting that centralization of personnel is adopted to effectively implement the centralized policy. The transparency reform, coinciding with reforms in other domains, embodies an important shift toward a more centralized judicial sector in China.

Police and judicial efficiency in Colombia


 
 
 According to socioeconomic theories of criminal behavior, crime rates can be reduced by increasing the probability and severity of punishment. In this line, the public force and the judicial sector play an important role depending on their performance. This document analyzes this performance for each department of Colombia in 2018. Using the technique of Data Envelopment Analysis (DEA), the study found that police and judicial efficiency must be balanced, since in most cases, if a department has an acceptable police efficiency, it has a bad judicial efficiency performance or vice versa. At large, police efficiency had better performance than judicial efficiency in Colombia.
 
 

Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System

This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geographic hypothesis, while two chi-square tests for independence were used for judicial district data. The results of these analyses demonstrate evidence rejecting the null hypothesis in each instance, suggesting that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico. The author argues that reforms must be accompanied by further action to address the pervasive use of torture and mistreatment in Mexico.

Legal Society Service of Pro-Bono on Migrant in Morocco in Law Perspective

Morocco is a constitutional, democratic and social monarchy. The King is the Supreme Representative of the Nation and the Symbol of the unity thereof. He is the guarantor of the perpetuation and the continuity of the State. As Defender of the Faith, he ensures the respect for the Constitution. He is the Protector of the rights and liberties of the citizens, social groups and organizations. System Barriers to Pro Bono work result from the social environment of the judiciary and, more specifically, from the current practice of law in Morocco. The population generally has a low regard for the legal and judicial sector, and expects corruption in the judiciary. In Morocco, legal information is also not adequately disseminated to the public.[1] In addition, the low literacy rate 52.3% for the total population (39.6% for women, 65.7% for men) renders access to justice all the more difficult. A substantial proportion of the population is therefore vulnerable and may fall prey to unethical behavior. The Bar Association has great difficulty in supervising “homeless” lawyers, who are lawyers with no fixed business address and operate with a cellular telephone from undisclosed premises. Up to 800 of the 3,000 lawyers registered with the Casablanca Bar Association are reportedly “homeless” lawyers, who prey on the uninformed and often maintain frivolous suits in order to collect higher fees.[1] US Department of State, 2004 census <http://www.state.gov/r/pa/ei/bgn/5431.htm accessed on January 10, 2021