Law And Justice Research Articles

System of Administrative Law: actual interpretation

The article is devoted to theoretical problem of optimal system of Administrative Law. It is possible different system of Administrative Law. In depend on base criterion there are institutional, branch, procedural, functional systems of Administrative Law. The author gave brief description of them. It is concluded that functional system of Administrative Law is optimal. Criterion of its building is subject of law regulation. Functional system of Administrative Law consists of management law, Police Law, law of administrative justice

Criminal Law in A World of States

In recent decades, a new school of criminal law theory has emerged. Its proponents reject the traditional story that criminal law ought to be justified on either retributivist or utilitarian grounds alone. Instead, they argue that justifications for criminal law must be rooted in a broader political theory of the state’s authority. While this political theory turn is becoming increasingly dominant in the literature, it gives rise to two significant challenges that scholars have thus far failed to recognize. These challenges emerge when we turn our attention from an internal, domestic view of the state to the world beyond its borders. First, the conception of the state at the heart of the leading political theory accounts of criminal law seems to sit in a vacuum. However, when we recognize that each political community exists in a world of states and persons beyond its boundaries, we begin to see that conditions external to the state might undermine the very possibility of the sort of state authority these accounts propose. Second, the political theory turn seems to pose an important challenge for international criminal law, which on the standard account is viewed to be unconnected to any particular political community. If the justification for criminal law must be anchored in a political theory of the state, it is unclear how we could ever justify instances of criminal law that seem to be untethered from a state. In this Article, I argue that these two challenges have a common solution, which comes into view when we rethink the standard picture of international criminal law. Far from being untethered from the state, international criminal law is deeply connected to the state; indeed, international criminal law functions to secure a particular form of the system of states. And in doing so, international criminal law upholds the global conditions necessary for the state as conceived by this new line of criminal law theorists to function. With this perspective, international criminal law no longer seems like an outlier to a political theory of criminal law, but rather a necessary precondition for it. And the vision of the state at the heart of the political theory accounts no longer seems detached from the world beyond its borders, but rather is a constituent part of a global system of states, each acting to maintain that system.

ECONOMIC DEVELOPMENT VIS A VIS ENVIRONMENTAL JUSTICE: A STUDY WITH REFERENCE TO THE DRAFT ENVIRONMENTAL IMPACT ASSESSMENT, 2020

This paper examines environmental impact assessments (EIAs) in India and its possible effects on environmental justice. As we have argued, there were significant disconnects between the issues addressed in the EIA report and the lack of possibilities for public input, which served as important litigation triggers. Since it was made public and asked for feedback, the Draft EIA Notification has been criticised from both sides. The guiding philosophy of "growing now, sustaining later" should not be used since it is hazardously at odds by the concept of sustain development. By ensuring that EIAs represent local knowledge, values, and ambitions, these flaws could be fixed, improving the EIA framework, procedural components of environmental justice in India, and the chances for distributive, recognitional, and restorative justice. A global movement called access to justice in environmental law works to help people in rural areas seek compensation for environmental harms. Additionally, this study reviews India's environmental justice and equality laws. We have also demonstrated several doctrines and ideas that were drawn from Indian court cases.

Advancing Remote Court Proceedings in Nigeria: Lessons From other Jurisdictions

The adoption of remote or virtual court hearing is still being debated in Nigeria as the myriads of challenges posed by the innovation infuses even more fear for stakeholders. However, abandoning a progressive innovation may only hinder future innovation as the law may trail behind innovations habitually. There is therefore a need to reassess the existing framework for remote or virtual court hearing in Nigeria and consider necessary reforms. This paper seeks to explore the legal framework for virtual court hearing in Nigeria whilst elaborating on the rules governing virtual court hearing in other jurisdictions. The qualitative methodology is adopted in a bid to derive lessons from these jurisdictions and recommend legal reforms and/or amendments of laws for the proper functioning of Remote Court Proceedings (RCP) in Nigeria. The paper found that there needs to be a deliberate attempt to define open courts to include virtual courts in Nigeria whilst legal amendments are required in the Evidence Act, Constitution, Administration of Criminal Justice Laws to enable fair hearing during RCP. Keywords: Remote Court, Virtual Court, RCP, Proceedings, Technology

The Role of the Ministry of Justice in the Implementation of the Plateau State Administration of Criminal Justice Law, 2018: Successes and Challenges

The Role of the Ministry of Justice in the Implementation of the Plateau State Administration of Criminal Justice Law, 2018: Successes and Challenges

The Prosecutorial Power of the Police under the Kaduna State Administration of Criminal Justice Law, 2017 vis-à-vis the Administration of Criminal Justice Act, 2015 and the Police Act 2020: An Exposition

The Prosecutorial Power of the Police under the Kaduna State Administration of Criminal Justice Law, 2017 vis-à-vis the Administration of Criminal Justice Act, 2015 and the Police Act 2020: An Exposition

CODE ETHIC SUPERVISION AND ENFORCEMENT OF ADVOCATE IN INDONESIA

The existence of advocate in a society was really needed. Advocate had very strategic function and role to manifest the truth and justice in law enforcement. However, it could not be denied, that advocate was directly or indirectly involved to create justice mafia and judicial corruption. Nowadays, advocate profession was more known tocase “broker” that stood right between clients and law enforcement officials (judge, prosecutor and police) as justice buyer and seller such the deviations done by advocate in prisoner jockey case at a jail in Bojonegoro, East java. The elaboration above showed the optimization supervision and enforcement advocate code of ethics were needed. Hence, advocate stayed at the law corridor zone. This research tried to review the supervision and enforcement of advocate code ethics concept. The method used was normative-sociologist approach, which reviewed as to the supervision and enforcement advocate code ethics in legislations rule as well as the advocate responsibility analysis in sociology. This research’s result stated that the supervision of advocate was the responsibility of all country’s institution and law enforcement officials, thus the aspiration to manifest law justice would be achievedand advocate contribution in law supremacy was maximized.

The Relationship between Institutional Design and the Efficiency of a Jurisdiction

Regional judicial bodies all serve to protect, interpret, and develop the law of the community in which they are established. While they share these common objectives, differences in admissibility, procedure rules, and jurisdiction can be noted. This study aims to shed light on differences in the design of jurisdictions; specifically, it explores whether they impact the efficiency of such courts. Our hypothesis is that institutional design can be used to fix issues – such as enforcement – that some Courts of Justice face. To test this theory, the study focuses on the Court of Justice of the Economic Community of West African States. Using rational design theory, the study of the Court’s case law, its history, and empirical observations, we found that the particularities in admissibility and procedural rules, as well as the scope of the Court’s jurisdiction, were established to bypass some issues linked to the lack of access to justice and weak rule of law in the area. The innovative institutional design allowed the court to be more efficient and helped to establish it as an alternative to national courts for citizens, which in turn promoted the rule of law in the region. However, some problems were left unsolved, and the Court today again faces issues it had managed to avoid in the past. This study concludes that institutional design can serve to create a more efficient judicial body, especially in complex regions. However, there is a risk of only observing short term effects if the adjustments made do not maintain a certain institutional equilibrium.

The Сoncept of Сyber Sovereignty of the People’s Republic of China: Development History and Essence

The transformation of cyber sovereignty into an independent concept is a recent phenomenon, and thus its development and distribution is currently underway, which indicates the relevance of studying this topic. Being one of the most influential actors of contemporary international politics, China uses the concept of cyber sovereignty to promote its national interests and is able to shape the rules in the highly volatile field of international cyberspace. The study is based on quantitative and qualitative content analysis of legal acts and concept of Chinas cyber sovereignty. The author defines a concept of cyber sovereignty and identifies its place in the system of international law and in the architecture of international information security. Chinas concept of cyber sovereignty does not imply the division of a common cyberspace into separate segments but contributes to the creation of a cyber community of a common destiny, in which states can exercise their rights to govern the Internet on the principles of equality, justice, cooperation, peace and rule of law. It is concluded that this concept can be used as the basis for the formation of an international legal framework that regulates relations between states in the field of cyberspace.

Philip Pettit’s Republicanism and Labour Law: A Defence

Republican political theory has attracted the attention of a number of prominent academic labour lawyers in recent years with a view to providing a general theoretical or philosophical foundation for labour law. Engaging with and contributing to this emerging area of scholarly interest, this article endeavours to defend the possibility of a general republican theory of labour law by relying on the writings of Philip Pettit. Contrary to the arguments of these scholars, the paper suggests that at least some important parts of labour law could be explained and justified in the light of this particular version of republicanism and it is possible that many other if not all areas could be justified in the future. As Pettit’s republicanism is a work in progress, so too is the explanation and justification of labour law in the light thereof. Philosophy of Labour Law, Perfectionism, Consequentialism, Republicanism, Freedom as Non-Domination, Philip Pettit, Social Justice, Political Legitimacy, Sovereignty

The Juvenile Justice Law in India: Are you Old Enough to Commit a Crime?

Abstract Juvenile justice is a designated area of criminal law that is applicable to persons who are not old enough to be held responsible for criminal acts. One of the most difficult areas of criminal justice has been to provide a clear legal framework dealing with the transition from childhood to adulthood. Countries distinguish between the definition of a ‘child’ and an ‘adult’ in different ways with diverse factors being taken into consideration. The Indian Parliament has introduced the Juvenile Justice (Care and Protection) Act, 2015 which has brought in some controversial changes, one of them being that the 16 to 18 years age group are now tried as adults in certain circumstances. This paper seeks to address the anomalies in the language of the provisions providing for such transfer of children to the adult system in India and the consequent lack of a consistent law on the differential treatment of juvenile offenders. This discussion would facilitate a critical analysis and positive change in the juvenile justice systems of other countries including Vietnam.

Perlindungan Warga Negara Terhadap Perbuatan Melawan Hukum Pemerintah Melalui Penyelesaian Sengketa Di Peradilan Tata Usaha Negara

State administration dispute, one base from the state administration decision, that law subject prejudice have cause big harmful with society if dispute resolution very long and unefficient. This is also ruin as good will of law justice in middle of public as for social image. This is about good topic to discuss by law practicion, law academic or expert and society as for sovereignty dominate, that the cause a people are got court decision in kracht but always wit social-economy charge after asking about State Administration Court implementation a court decision. Last result of of the research by law theorical it can be recommendation to goverment to change regulation that affection with compensation punishment after state administration law desicion to give with law subject and also find other solution for settle a dispute in non-litigation with goverment princple of law or good govermental. And also law practition to overcome to reinforcement in court.This research with docrinal research by library research and statue approach. The craracteristic of law research a prescription that a analysing law statue and law material by electronic or book and tell about solution against this law problem.

Eduardo C. B. Bittar (2020): Semiotics, law & art: between theory of justice and theory of law

Article Eduardo C. B. Bittar (2020): Semiotics, law & art: between theory of justice and theory of law was published on December 1, 2021 in the journal International Journal of Legal Discourse (volume 6, issue 2).

JUVENILE DELINQUENCY AND CRIME PREVENTION

Delinquent children are extraordinary children who display significant deviation in their social adjustment and are therefore labeled as socially deviant or socially impaired. They have been discovered to have criminal tendencies and to engage in antisocial behavior. In this regard, they are similar to criminals and antisocial elements. However, in legal parlance, they are referred to as delinquents rather than criminals. The enormous increase in juvenile violence, notably killings, which began in the mid-1980s and peaked in the early 1990s, sparked widespread fear and concern among the public, prompting federal, state, and municipal governments to implement policy adjustments. For example, in response to the rise in juvenile violence and predictions of a new wave of increasingly violent youth, most states tightened their juvenile justice laws, including measures that allow, or in many cases require, children to be transferred to the adult system at younger ages and for a wider range of offences. A considerable body of research has begun to identify characteristics that may raise the risk of adolescent crime. The research has also resulted in the development and evaluation of prevention interventions.

Whose Public Reason? Which Justification of Laws? A Natural Law Response

Un des problèmes persistants pour la philosophie pratique est de découvrir un procédé adéquat pour justifier des lois dont la finalité est de réguler le fonctionnement des démocraties constitutionnelles. Les libéraux partisans de la raison publique nient que cette justification puisse provenir de doctrines substantielles, étant donné que les lois doivent pouvoir être justifiées par tous les citoyens (raisonnables). La tradition de la loi naturelle offre un test utile quant à la plausibilité de cette thèse. L’article montre comment les deux versions du libéralisme de la raison publique diffèrent quant à leur acceptation de raisons tirées du droit naturel, et pourquoi, étant donné l’influence de leurs points de départs disparates sur les critères normatifs par lesquels elles évaluent les lois, les partisans du droit naturel ont de bonnes raisons de les rejeter toutes les deux.

Migrant-Health Inequity as a Consequence of Poor Siracusa Principles Implementation in the COVID-19 Era

The Siracusa Principles dictate that restrictions on the rights of individuals or a group of individuals in the name of public health safety should be strictly necessary and be least intrusive to reach their objective. While social distancing measures have proven to abide by the Siracusa Principles to a more significant extent, they have failed to meet the distributive justice laws, which require limiting unfair or inequitably personal and economic burdens on the nation’s inhabitants. While employing social distancing measures, the principle of reciprocity also obliges governments to provide the people living within their borders with life necessities. Although asylum-seekers, refugees, and undocumented migrants already disproportionately bear the brunt of the coronavirus disease 2019 (COVID-19) pandemic, poor application of the Siracusa Principles in social distancing measures seems to intensify their vulnerabilities. We argue that while implementing public health measures that could potentially impact the lives and livelihoods of the people living within the nation, considerations should also be paid to minority groups such as asylum-seekers, refugees, and undocumented migrants. We propose that the application of the social distancing measures should be ‘migration aware, adapting interventions, policies, and setting systems that embed migration as a central concern in their design.

Transcendental Justice Law: The Relation of Law and Justice

The purpose of this article is to explain the relation between law and justice in order to realize a law that is transcendental justice. The method used is a normative method or literature study with a philosophical approach. The findings from this discussion are that justice is not only talking about benefits and harm such as the principles of justice according to Bentham and Rawls, a good law is a law that is able to represent the values of God’s justice, such as equality (egalitarianism), balance, harmonization, ta’awun (helping each other), recognizing and respecting each other’s rights and obligations, and so on, both in the text of the law, as well as in its application. On the other hand, bad law is a law that deviates(deviative) from the values of justice. This law is like a parasite that only causes damage to society. Justice and truth are not the main pattern, but power and worldly satisfaction are the pattern

Emerging Powers, Global Justice, and International Economic Law: Reformers of an Unjust Order?

Emerging Powers, Global Justice, and International Economic Law: Reformers of an Unjust Order?

THE RULE OF THE PRINCIPLE OF JUSTICE AND THE PROBLEMS OF ITS IMPLEMENTATION IN THE CRIMINAL LAW OF RUSSIA

The article is devoted to the analysis of different aspects of the principle of justice in criminal law equalizing and distributing on the basis of the analysis of philosophical and legal thought. The substantiation of the supremacy of the principle of justice is presented. Other criminal law principles (criminal responsibility, humanism, equality of citizens before the law and the court) are analyzed as auxiliary, fully realizing the justice of the law and punishment. The connection between the principles of justice and legality, equality of citizens before the law and humanism, guilty responsibility is demonstrated. It is concluded that the equality of citizens before the law and humanism are different aspects of justice. Under the influence of the principle of justice, a circle of criminal acts is formed. A fair procedure for bringing guilty persons to criminal responsibility is based on strict observance of the principle of guilt, humane attitude to the guilty.
 The article analyzes certain provisions of criminal legislation for compliance with the principle of justice, considers the procedure for implementing legal principles in practice. In order to substantiate the conclusions of the study, a violation of the idea of equality, and, as a result, the ideology of justice, was revealed. Thus, the fact that aggravating the criminal penalty, which is subject to mandatory application, as the commission of an intentional crime by an internal affairs officer contradicts the idea of equality (paragraph «o» of part 1 of article 63 of the Criminal Code of the Russian Federation). Article 88 of the Criminal Code of the Russian Federation provides for the possibility of imposing a criminal penalty in the form of a fine on the parents, legal representatives of a minor who has committed a crime, which contradicts the principle of guilt and is unfair.
 The identity of criminal-legal repression, which is applied both for a single crime and for repeated criminal behavior, should be considered unfair. The ineffectiveness of the criminal law prescriptions of the law on the imposition of punishment for a set of crimes was revealed on the basis of the analysis of judicial practice materials.

Criminal Proceedings Law Improvements for Justice Witnesses in Albania

In the framework of the constitutional justice reform of year 2016, “Constitutional reform in Albania of year 2016 determined fundamental amendments by improving justice system.” (Balla, 2017, p. 368), there are undertaken to be improved important justice laws. Therefore, fundamental amendments are made on the Criminal Proceedings Code (CPC) on year 2017. These amendments consisted in general and specially to enable the implementation of government policy, for the establishment of new institutions and the strengthening of existing ones, in the fight against corruption and the consolidation of the justice system. At the same time, the amendments aim to address the most obvious issues and problems encountered in practice. Correspondingly, the constitutional amendments and the adoption of other laws, necessary to implement them, brought the need to unify and harmonize these amendments in the CPC. In particular, the new regulations aim to determine the prosecutor's independence in the criminal proceedings, the establishment of the Special Prosecution Office, the jurisdiction of the High Court and the change in the subject matter jurisdiction of the Court of Corruption and Organized Crime. Through this paper it is addressed the treatment of new standards and institutes that are regulated in the CPC. How do they stand compared to European standards such as the jurisprudence of the ECtHR and international law, as well as the jurisprudence of International Criminal Court (ICC). The paper aims to address issues related to the rights of defendants, the legal position of the victims and especially the treatment of the most favorable legal status of protected witnesses and collaborators of justice.