Decisions Of Judiciary Research Articles

THE EXISTING STATUS OF JUDICIAL INDEPENDENCE IN NEPAL

The administration of justice is one of the state's major tasks. According to Nepal's Constitution, the Judiciary is responsible for administering justice. The judiciary is a key institution supporting democracy and the rule of law. The Judiciary is responsible for upholding the rule of law by limiting the power of governmental organs to those granted by the Constitution and statutes. In a democratic state, the judiciary is the final resort for protecting people's rights. It promotes political stability and justice, resulting in a strong economy. The judiciary should be independent and responsible to the people and nation. Judicial independence indicates that it is apart from other governmental institutions, particularly the executive and legislative branches. It must be devoid of power, pressure, and other unnecessary elements. Judicial independence refers to the principle that the judiciary's decisions should be free of interference from private or political interests. Judicial independence refers to a judge's capacity to make decisions without being influenced by other factors. Nepal's Constitution designates the judiciary as the guardian of fundamental rights and the Constitution itself. The constitution's preamble emphasizes the importance of an independent judiciary, the rule of law, democratic ideals, and structural and functional independence. The constitution includes crucial measures that support an independent and accountable judiciary. This study has given emphasis on secondary sources of information relating to the concept of independent judiciary and its status in context of Nepal. This paper explores the topic of judicial independence in Nepal. This study incorporates a judicial perspective to the idea of judicial independence. It has also incorporated constitutional and legislative provisions regarding judicial independence.

The impact of judiciary decisions on public security policies in Brazil

The impact of judiciary decisions on public security policies in Brazil

Annulment in Islamic Judiciary Decisions According to Fuqaha and Law

Annulment in Islamic Judiciary Decisions According to Fuqaha and Law

The effect of socioeconomic factors, fear of crime and social mobilization on the evaluation of judiciary decisions

Crimes related to sexual abuse and rape attract large social mobilizations, as happened following the assault on an 18-year-old woman at the San Fermín festival in Pamplona, Spain, by a group of men known as “la manada” (“the wolf pack” in English). Understanding how the aftermath of protests and socioeconomic factors influence the perceptions of fear of crime, safety and justice, measured as judiciary decisions, are the aims of this paper. A randomized sample collected in two periods was obtained (N=605), the first one (n1=454) performed after the judicial sentence of the case, the second (n2=151) four months later, after the social alarm had decreased. The perception of safety increased after the peak moments of the demonstrations. The trust in justice was low and fell after protesters had risen to the streets although its perception was greater among higher income earners. Hence, the perception of safety rises during social mobilizations but only improves for a short period of time whereas the effects on that of justice last for longer.

An Event Study of Perindopril (Servier) Reverse Payment Patent Settlements' Case: Is Krka Truly an Exception Within the Pay-For-Delay Commission Decision?

The article aims to fill the gap in the literature on reverse payment patent settlements between patent-holders and generic pharmaceutical firms in EU competition law. Based on the event study of the Perindopril (Servier) case of the European Commission, the research provides a novel assessment of the welfare effects of Commission enforcement and the following judiciary decision on the legality of Commission sanctions. Within the case, the analysis paid particular attention to the generic corporation Krka because Commission fined Krka for the settlement with Servier that did not include the reverse payment, and the Commission decision did not survive the scrutiny of the General Court. The relative economic power of Krka in the perindopril market is also a factor that, together with the enforcement effect assessment, provides a different perspective of the event study's normative implications to the existing research.

ELECTORAL TRIBUNALS AND DEMOCRATIC CONSOLIDATION IN NIGERIA: INTERROGATING THE 2019 POST ELECTION LITIGATIONS IN IMO STATE

The judiciary is one of the important institutions of government that constitutes the spice that help the meals of democracy to be tasty. Over time, the judiciary in Nigeria has made strides in its effort to ensure the deepening or consolidation of democracy especially in the Fourth Republic which started on 29th May, 1999. However, the recent litigations that throw up judiciary decisions from the Supreme Court tend to be generating so much arguments from individuals as to whether the judiciary could continue to be the hope of a common man. This paper therefore, attempt to bridge this gap by looking at the critical issues from the 2019 post-election litigations of the Supreme Court. The paper adopted the documentary method of data collection and utilizes secondary sources. This paper by employing the theory of post-colonial state argues that the very relative autonomy and lack of independent of the judiciary especially in the appointment of CJN and other judicial official account for the perennial controversy associated with the outcome of the 2019 post-election litigations in Nigeria. The paper recommends among others; that for the judiciary to be truly independent appointment of CJN and other judicial officers should be done by NJC to avoid interference or influence from other arms on matters of judicial prerogative to reflect that the Judicial is actually the last hope of a common man.

Still Unrecognized State “Turkish Republic of Northern Cyprus” in the Context of the Cyprus Negotiations: Status of the TRNC’ Court Decisions

The issue of the recognition of the TRNC brings specific constraints because of the influence of the Cyprus peace talks, which have been ongoing for 50 years. After the new era started in 2014, the TRNC authorities’ efforts to reach an agreement and their struggle to make the TRNC recognized have been obstructed by barriers placed by the southern Cyprus administration. Each of the sides in the peace talks approaches each other’s demands positively or negatively. One of the other important problems is whether the decisions given by the TRNC Courts would create an effect like the court decisions given by the courts of any recognized states or not. In order for the court decisions of the TRNC judiciary to have the necessary effects, the TRNC must become effectively an equal on the negotiation table and a directly recognized state. Turkey has enabled the TRNC judiciary decisions to have an effect in Turkey by signing protocols with the TRNC, but what is the status of related court decisions in other countries? In this framework, this study aims to analyse the court decisions in other unrecognized states via the document analysis method. According to the findings, the TRNC’s judiciary decisions can have an effect in other countries. Additionally, the TRNC is a recognized state at least in a limited (indirect) manner and has political equality, but this needs to be improved further via direct recognition.

The Implementation of PERMA Number 3 of 2017 Concerning The Guidelines For Dealing With Women's Cases on Laws As an Effort of Women Empowerment In The Judiciary in Madura

Women empowerment in the judiciary institution had actually been sought for since the moment of rule enforcement on reasons for divorce and implementation of (valid) divorce before a court hearing. This policy is an affirmation of legal renewal in the UUP (marriage law) and KHI (Compilation of Islamic Law) as well as an entry point for the law protection on women through the guarantee of legal certainty and opportunity to fight for their rights in divorce decisions, including right of gaining nafkah māḍiyah (past/indebted), nafkah 'iddah, nafkah mut’ah, shared assets, haḍānah (child custody) and childcare costs. The problem relates to the execution of the judiciary decision as it deals with some problems. One of which is the fact that there found no rule regarding with mechanism/method as well as time limit for the implementation, while the divorce pledge would be expired within 6 months after the decree of pledge permission. Accordingly, the Supreme Court’s policy to issue PERMA number 3 of 2017 concerning the guidelines for adjudicating women's cases in law shows its significance. Using a qualitative research design, this paper aimed at describing the implementation of PERMA number 3 of 2017 in religious courts in Madura, identifying constraints in its implementation, and explaining in detail the solutions to overcome the constraints. The results of this study are expected to be beneficial as an attempt to empower women by removing all barriers they cope with. Furthermore, it also enables them to gain access on justice without any discrimination in the justice system particularly in the religious court system at all levels, namely the first level, appeal, and cassation.

Are child protection workers and judges in alignment with citizens when considering interventions into a family? A cross-country study of four jurisdictions

This paper examines whether and how the views of professional decision makers in public agencies and courts in four child protection jurisdictions align with the views of the public. Democratic states are built on the foundation that state polices are accountable to, and represent, the citizens’ will. The extent to which this is the case in child protection is largely unknown. This study draws on survey vignette data collected from three samples (citizens, child protection staff and judiciary decision makers) representing society at large, the child welfare agency, and judicial systems in four jurisdictions - England, Finland, Norway, and the U.S. (California). Findings from this study suggest that there is a high degree of similarity across countries in the public’s views about children’s need for services, and the poor outcomes that may result absent a service response. Views between child protection professionals and the public diverge the most when considering if the child is suffering from neglect and the use of intrusive state interventions. Child protection staff and judges’ perspectives within each country are in general alignment and show the impact of the established systems on considerations. Our results may have implications for the design of social policy in the area of child protection internationally.

International Criminal Judiciary Decisions: Is It A Source of International Criminal Law?

The Sources of international criminal law are very important because they drive us to international and revelation of criminal texts, and because they are related to the principle of legality. In addition, international criminal judiciary decisions played significant part in development of this law, in spite of legal controversy over consideration of those decisions as source of international criminal law, particularly because Rome Statutes of International Criminal Court didn’t refer to consideration of those decisions as a source that International Criminal Court can reference. Keywords: International Criminal Court, International Criminal Law, International Judiciary Decisions. DOI : 10.7176/JLPG/86-11 Publication date :June 30 th 2019

Orman Alanlarında Maden Arama-İşletme Ruhsatları-İzinleri ve İptallerinin Yargısal Denetimi

Aim of study:
 The aim of this study is to identify issues pertaining to the justifications of
 the annulment decisions of the administrative judiciary in the cases of actions
 for annulment brought against the revocations of mining licenses and permits
 for mining activities granted by the administration due to reasons specified by
 the legislation.
 
 Area of study:
 This study addresses licenses and permits granted for mining activities in
 Turkey and judicial review of the revocations of these licenses and permits.
 
 Material and Method:
 The main material of the study is the current legislation on mining activities
 and the judicial decisions for the cancellation of mining licenses / permits.
 The method of study is to evaluate the materials together and to determine the
 reasons for the cancellation and rejection decisions of the judiciary.
 
 Main results:
 Sanctions in the Mining Law should take into account future generations, stop
 improper practices and ensure that mining activities are compatible with the
 environment and human rights.
 
 Research highlights:
 Revocation of mining exploration-exploitation licenses in forest areas is an
 issue that warrants further research and careful evaluation. Judicial decisions
 play key role in filling the legal gaps in mining exploration and exploitation.

(Decisions of the Palestinian Constitutional Judiciary)

Arabic Abstract:يختص القضاء الدستوري في فلسطين بالرقابة على دستورية القوانين، وكذلك اختصاصات أخرى كتفسير نصوص الدستور. ولأهمية هذا القضاء في تحقيق دولة القانون القائمة على مبدأ سمو الدستور، نستعرض في هذه الورقة القرارات الصادرة عن القضاء الدستوري الفلسطيني، تلك الصادرة عن المحكمة العليا بصفتها الدستورية، وكذلك المحكمة الدستورية العليا، في قسمين؛ الأول يتضمن ملخصات حول هذه القرارات –على شكل بطاقات تعريفية- وتشمل رقم القرار؛ تاريخ القرار؛ مكان انعقاد المحكمة؛ طبيعة الدعوى؛ آلية الاتصال بالدعوى؛ الجهة الطاعنة؛ الجهة المطعون ضدها؛ الموضوع؛ وملخص منطوق القرار. أما القسم الثاني منه يحتوي –على شكل ملاحق- النص الكامل للقرارات. English Abstract: The constitutional judiciary in Palestine is specialized in constitutional review as well as in interpreting constitutional provisions. Constitutional review makes part of the rule of law based on the supremacy of the constitution. In this Paper we will review the decisions issued by the Palestinian constitutional Court whether it was issued by the High Court Acting as Constitutional Court, or the Supreme Constitutional Court. All of this is going to be reviewed in two sections: the first one will contain summaries for these court decisions, their number, venue and date of issue, reason for the petition, main arguments, and result of each decision; the second section will contain the full text of these court decisions.

Decisions issued by the President of the Office of Competition and Consumer Protection regarding the imposition of penalty payments on entrepreneurs as a repressive sanction

Aim:The purpose of this paper is to draw attention to the nature of decisions issued by the President of the Office of Competition and Consumer Protection regarding the imposition of penalty payments on entrepreneurs for infringements of the Protection of Competition and Consumers Act of February 26, 2007, which is one of the indications of restrictions on economic freedom. Special attention has been paid to the criteria applied by the President of the OCCP for imposing penalty payments while indicating the changes introduced by amendments to the Act which came into force on January 18, 2015. Design / Research methods:Legal historical method, systematic and teleological interpretation, comparative law Conclusions / findings:Both the rules and the criteria required to be applied by the President of the OCCP when inflicting punishment are included in a catalogue of directives in Article 111 of CCPA. In the catalogue, the legislator attaches particular importance to the premise consisting in a breach of provisions of the law and a previous breach of the same legal act while other elements, separate for each type of breach, are specified later on, imposing on the President of the OCCP the obligation to consider both attenuating circumstances and aggravating circumstances when deciding on the degree (amount) of the penalty. Irrespective of the above, due to the open catalogue of circumstances affecting the gravity of the penalty, the President of the OCCP may also consider some circumstances indirectly implied in the act and developed by the judiciary decisions, which include the type of non-compliance or breach, the degree of violating the public interest, intentional or unintentional action orduration of the breach. Originality / value of the article:To signal criteria changes applied by the President of the OCCP for imposing penalty payments while indicating the changes introduced by amendments to the Act, which came into force on 18 January 2015.

Differences in institutional quality across euro area countries: Which factors contribute most to inequality?

In recent years the differences in the institutional structure across the Euro area countries have become a cause of concern, both for some individual Member States and for the functioning of the Economic and Monetary Union (EMU). In this paper we analyse the inequality in institutional quality across Euro area countries and estimate which factors of public and private institutions contribute most to overall inequality in institutional quality. To this end, we consider the institutional indicators of the Global Competitiveness Index (GCI) from the World Economic Forum (WEF) during the period 2007-2017, with the most disaggregated data possible. Our findings support the call for structural reforms, particularly in the areas of ethics and corruption (in the public sphere but also in the business environment), undue influence on the judiciary and government decisions, and protection of property rights, as the major sources of inequality in institutional quality.

Estimating the Value of Absolute Power: Evidence from Judiciary Decision Events on Controlling Shareholders in Large Business Groups

This paper estimates the impact of judicial decisions, mainly the prosecution and court sentencing of controlling shareholders’ corporate crime, embezzlement, and breach of fiduciary duty, on the market value of a firm. The indictment or imprisonment of controlling shareholders in Korean large business groups, chaebols, provides an experimental setting for analyzing the absence of the real boss. Our main findings are as follows. First, judicial decisions relating to controlling shareholders generally do not have a significant group-wide effect on the value of a firm. Second, the portion of firms that receive a positive impact and a negative impact from having a controlling shareholder held in custody is almost equivalent (46% versus 54%, respectively). In situations where there is a court appeal, the portion of firms that receive a positive impact decreases to 38%, while the portion of firms that receive a negative impact increases to 62%. Third, the effect of court decisions on affiliated firms within the same business group is asymmetric. For instance, such decisions have a positive effect on affiliates where a controlling shareholder holds a large proportion of the shares; however, they have a negative impact on affiliates thought to be more likely to grow at faster rates in the future. For this reason, sentencing of the controlling shareholder itself induces value transference between the different affiliated firms in a given company group.

Patient autonomy within real or valid consent: Samira Kohli's case.

In bioethics literature, the primary justification for the requirement of informed consent has been the protection of autonomous choices. To allow patients to be autonomous decision-makers, physicians are supposed to disclose and share information related to all treatment, procedures and risks. Advocates of the autonomy-based informed consent model argue that in informed consent cases, the disclosure of information should be according to the reasonable person standard or reasonable patient standard, rather than the average competent physician standard. In the Indian medicolegal context, the concept of consent has evolved through the discussion of informed consent and by referring to the concepts of informed consent in other countries, such as the USA, the UK and Canada. In cases of medical negligence in India, the concept of "real or valid consent" has been adopted from British case law rather than the "informed consent" of the USA. This paper examines the doctrinal rules of the concept of real or valid consent through an analysis of Samira Kohli's case - a landmark court case and a major precedent case in India that referred to "real or valid consent". In analysing this case, the paper will examine the judiciary's decision on the nature of and standard for the disclosure of information. Thus, the paper will reflect on the underlying ethical and legal principles of the doctrine of real or valid consent in the Indian context. This paper uses a hermeneutic approach to the landmark case to provide a qualitative interpretation of the Indian medical judiciary's concept of consent and the autonomy of the patient.

Отказ от исполнения решений международных судебных органов по защите прав и свобод граждан

Отказ от исполнения решений международных судебных органов по защите прав и свобод граждан

Estimating the Value of Absolute Power: Evidence from Judiciary Decision Event on Controlling Shareholders in Large Business Group

This paper estimates the impact of judicial decision, mainly the prosecution and final court sentencing for controlling shareholders’ corporate crime, embezzlement, breach of fiduciary duty etc., on the market value of a firm. A controlling shareholder in Korea Large Business Group, Cahebol, being indicted in custody or being imprisoned at the final court could provide an experimental setting for the absence of the real boss. First, the judicial decision is generally without any significant group-wide impact on the value. Second, when the boss is being absent at the pre-trial stage, the portion of affiliated firms receiving positive, 46% and negative impact, 54% is almost even. Moreover, even though the controlling shareholder is being imprisoned at the final court 38% of affiliated firms have a positive CAR. Finally, the effect of court decision on affiliated firms within the same business group is asymmetric. It has a positive effect on the affiliate at which a controlling shareholder holds large portions of shares. However, it has a negative impact on the affiliate to grow. The real boss is being more valued at the firm with growing environments. The judiciary decision could make value transfers between affiliates within the same business group.

Property Rights Disputes between Native Brazilians and Rural Producers in the Midwest Region of Brazil: What is the Role of Justice?

The objective of this exploratory paper is to identify the patterns of Judiciary decisions in relation to farmers’ property rights considering the demand for indigenous land demarcation in the Midwest region of Brazil. In order to accomplish this task, the authors build and analyze a specific database composed of cases decided by the Federal Court (TRF-3), the branch of the Brazilian Judiciary responsible to decide on cases related to conflicts between indigenous and land owners. Results indicate that in recent times the Brazilian courts have modified its patterns of decisions (i.e., shift in the jurisprudence), which may increase uncertainties among the agents.

Prioritization of strategies to approach the judicialization of health in Latin America and the Caribbean.

ABSTRACTOBJECTIVE To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean.METHODS A search was structured to identify articles presenting strategies to approach the judicialization of health. A survey was designed, which included actors of the health system and judiciary sector. We prioritized the strategies qualified by more than the 50.0% of the participants as “very relevant”. Strategies were categorized according to: governance, provision of services, human resources, information systems, financing, and medical products.RESULTS We included 64 studies, which identified 50 strategies, related to the sub-functions and components of health systems. Of the 165 people who answered the survey, 80.0% were aged 35-64 years. The distribution of men and women was homogeneous. Half of the respondents were from Colombia (20.0%), Uruguay (16.9%), and Argentina (12.7%). We prioritized strategies that addressed aspects of generation of useful scientific evidence for decision making according to the health needs of the population, empowerment for the society, and creating spaces for discussion of measures of inclusion or exclusion of health technologies. The executive and judiciary decision makers prioritized questions that dealt with strategies that would ensure accountability.CONCLUSIONS The results of this study contribute to the identification of effective strategies to approach the phenomenon of judicialization of health, guaranteeing the right to health.