Legal Decisions Research Articles

Analisis Yuridis Pelanggaran Etik pada Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023

Judges who function as executors and spearheads the justice system and liaise with the community, are expected to have high expertise in considering and making legal decisions about cases. A judge must abide by the applicable code of ethics while performing his duties. A judge will be punished based on a violation of his professional code of ethics. The latest case regarding violations of the code of ethics is the case of Chief Justice of the Constitutional Court Anwar Usman, who has been proven to have violated the judge's professional code of ethics related to Decision Number 90/PUU-XXI/2023. This study aims to determine how accountable a judge who violates the code of professional ethics and how the Honorary Panel of the Constitutional Court (MKMK) acts in handling cases where constitutional judges violate the code of ethics. Normative juridical methods were used in the study. This method refers to applicable laws and regulations, as well as community standards. This approach refers to applicable laws and regulations, which include principles, principles, and doctrines.

Model for resolving election violations through Indonesian Election Body and Constitutional Court

This study formulates a model for resolving disputes over election violations through the Election Supervisory Body and the Constitutional Court in Indonesia. This research analyses juridical and normative theories, policies, and legal decisions, as well as studies of cases of election violations in 2014 and 2019. This research method uses qualitative research with a grounded theory approach and a normative juridical approach. The data sources comprise primary and secondary legal materials. The results of this study show that 1) Problems with violations of the electoral process and disputes over election results have not been resolved properly. 2) The model of resolving violations of the electoral process and disputes over election results is with a settlement model approach through the Application of the Critical Attitude Model of Public Militancy and Law Enforcement Militancy by the Election Supervisory Body and the Constitutional Court.

Feeling queer, feeling real: affective economies of truth in queer asylum politics

ABSTRACT This article discusses the role of affect in the credibility assessment process in queer asylum claims. Through 27 semistructured interviews with caseworkers, it explores how sexual truth, in the Greek asylum apparatus, is affectively produced and analyses how access to asylum is intermediated by affective control of who is considered the “good” sexual citizen. According to the research material, the process focuses on applicants' emotions, while caseworkers tend to assess the “authenticity” of applicants' feelings through their senses and intuition. Additionally, apart from the exclusionary politics of emotions in homonationalist border regimes, it discusses affect's transformative possibilities in legal decision-making. Reflecting on queerness as an affect, through those failed, unspeakable queer performances that have been rendered non-credible by the affective rules of spoken sexual truth, it aims to challenge white-centred definitions of “genuine” queerness and the binaries of compliance and resistance in slow-death apparatuses.

Making sense out of uncertainty: cognitive strategies in the child custody decision-making process.

Child custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the uncertainties that arise in such context and, therefore, make their decisions. Based on a reflexive thematic analysis involving 73 participants from Brazil and England, this study reveals cognitive strategies employed by legal actors to comprehend uncertainty and operate in the decision-making context. These strategies encompass heuristics (i.e., selection, evaluation, degrees of freedom, and outsourcing decisions/ resolution) and metacognitive strategies (custodial arrangements, professional practices and 'best interests of the child' speech). These results provide a window into the decision-making processes in child custody cases; they offer a comprehensive understanding of the multifaceted sensemaking strategies employed by legal professionals. The results carry substantial implications for informing and improving legal practice in handling complex child custody situations. Furthermore, this study charts new paths for future research by highlighting potential avenues for refining and advancing the strategies employed by legal experts in these cases, especially considering the child's best interests.

Al-Adillah Al-Mukhtalaf Fiha : Sadd Al-Zari’ah

The results of this research show that Sadd al-dzari'ah is a method of making legal decisions (istinbath al Hukum) in Islam. Through this method, human efforts are protected and guarded against falling into damage (Mafsadah), by closing and blocking all facilities, tools and wasilah. (intermediary) that will be used to carry out an action. Meanwhile, the opposite of Sadd al-Dzari'ah is Fath Adz-Dzariah, opening (allowing) the use of means, tools and/or wasilah that will be used to carry out an action. The approach the author uses is a descriptive analysis approach. The author describes the opinions of the ulama, the arguments along with several examples of implementation in Islamic muamalah and then analyzes them, so that the author comes to the conclusion that Saddu al-Dzari'ah is a preventive action method used by some ulama in solving the problems of Islamic muamalah.

Kaidah المشقه تجلب التيسير dan Penerapannya dalam Hukum Keluarga

Because Islamic law is not mentioned directly in the Qur'an and Hadith, interpretation and contextualization through ijtihad are often necessary. To achieve this, Islamic jurisprudence must be integrated with current conditions and societal demands. This must be done in accordance with maqasid al-syariah, namely the aim of overcoming legal problems faced by individuals (mukallaf). Sharia guarantees the welfare of every person and is adapted to their abilities. It is stated in a hadith in the hadith of the Prophet narrated by Bukhari which means: "Religion makes things easy, the religion that Allah loves is the true and easy religion" (HR. Bukhari from Abu Hurairah) shows that Islam emphasizes the importance of ease in fulfilling religious obligations. According to the principle of المشقه تجلب التيسير, which means that difficulty brings ease, Islamic law is flexible to deal with the difficulties people face in worship and transactions. The concept of المشقه تجلب التيسير in the application of Islamic family law is explained in this paper using qualitative descriptive methodology and literature review techniques. Sources for this research include the Al-Qur'an, Hadith, tafsir, fiqh literature, and Qawaidul Fiqiyyah. To see how this principle is applied, this paper conducts a case study on Islamic family law. The aim of Al-Masyaqqah Tajlibut Taysir is to alleviate difficulties in the application of Islamic family law so that people can fulfill their obligations without experiencing due difficulties. This study identified seven categories of hardship (masyaqqah) that require relief (rukhsah), such as travel, illness, compulsion, forgetfulness, ignorance, general hardship, and deprivation. These categories guide legal experts in issuing fatwas and legal decisions to accommodate individual needs while upholding Islamic principles. In conclusion, المشقه تجلب التيسير serves as a basic principle in Islamic jurisprudence, facilitating the harmonization of Sharia with individual circumstances and societal needs, particularly in family law matters such as marriage contracts. Its application underscores the adaptability and compassion inherent in the principles of Islamic law, which promote justice and well-being for all individuals.

Scientific uncertainty and the challenges of applying criminal law: Lessons from China's COVID-19 response

This study addresses the complexities of applying criminal law during public health emergencies, particularly under the shadow of scientific uncertainty, and explores the challenge of balancing public health protection with individual rights. The primary aim is to dissect the application of criminal law in the context of the COVID-19 pandemic in China, focusing on the impact of scientific uncertainty on legal decision-making and the efficacy of criminal law interventions in public health crises. This study utilized a doctrinal method combined with case studies, integrating theoretical frameworks on risk and uncertainty with an analysis of China's legal responses to COVID-19. It involved assessing legislative and policy documents alongside judicial decisions, focusing on their alignment with evolving scientific understanding and public health strategies. The study reveals significant hurdles, including the limitations of empirical rules in judicial judgments, the emergence of technocratic bureaucracy, and the complexities surrounding risk mitigation and legal attribution under uncertain conditions. It highlights the inadequacy of traditional criminal law mechanisms to respond dynamically to the evolving landscape of public health emergencies. To address these challenges, the study recommends the development of temporary criminal legislation tailored to public health emergencies, the adoption of risk-based criminal law approaches, and the refinement of individualized risk assessment procedures. These measures aim to provide a more flexible and effective legal framework capable of safeguarding public health while ensuring the protection of individual liberties during crises.

סוגיית העדפת בני המקום בהקצאות קרקע למגורים בסוגי יישוב שונים בישראל

The question of who has the right to reside in a particular locality has been at the center of public and legal discourse in Israel for many years. This is the result of official and unofficial mechanisms intended to exclude certain individuals or groups. This article deals with a related though different issue, which focuses on the preference given to locals during the allocation of state land. Addressing this question requires a discussion of issues such as individual freedom, the meaning of home, the importance of family, the significance of residency in a particular place, the nature of various types of settlements in Israel, justice in land distribution and the necessity of correcting of historical wrongs versus the perpetuation of existing social stratification, as well as the preservation of existing communities versus concerns about pushing them out of a neighborhood or settlement. After presenting a framework for thinking about the issue of preference of locals, the article conducts a critical examination of the existing legal framework in Israel in both rural areas, where the right of residency is managed by cooperative associations, and urban areas, which include, for this purpose, the settlements of minorities. The conclusion drawn from this analysis is that the same flaws in legal decision making with respect to acceptance by a settlement also exist in the regulation of the preference for locals. The social and economic outcomes that affect the lives of individuals and the distribution of land in Israel perpetuate established ways of thinking about forms of residency and about disparities and social differentiation in Israel.

재판업무 지원 AI 도입에 관한 헌법적 고찰

In the contemporary intelligence information society, artificial intelligence (AI) is being utilized in various sectors due to the advancement of science and technology. Amidst this trend, the legal technology (LegalTech) industry, which integrates technology with legal advisory and litigation services, has been experiencing a leap in growth. Furthermore, the application of artificial intelligence in the judicial duties of judges is garnering significant interest and expectation for speeding up legal proceedings and enhancing the efficiency of judicial administration. Artificial intelligence used in the judiciary can be broadly classified into two types. First, there is AI that entirely replaces human judgment, exemplified by the initiative in Estonia in 2019 to implement AI for conducting small claims trials. Second, there is AI designed to assist human judges, such as algorithms that help draft verdicts based on similar case precedents or provide appropriate sentencing recommendations for defendants in criminal trials. In this regard, some state courts in the United States have incorporated the COMPAS algorithm into sentencing procedures within criminal justice processes. This surge in AI development seems to have an international impact on judicial procedures, influencing the judicial policies of the courts in South Korea significantly. Specifically, National Court Administration has announced plans to alleviate the workload of judges and address the issue of trial delays through the introduction of what is referred to as the ‘Next-Generation Electronic Litigation System.’ However, while AI technology may assist in accelerating trial processes, there are considerable concerns regarding the protection of litigants' right to a fair trial and democratic legitimacy. Above all, the potential for data and algorithm errors in judicial-use AI could compromise the fairness of trials or lead to miscalculation due to biased legal decisions. This study examines the constitutional issues concerning the advent of AI judges in the era of artificial intelligence are explored, particularly the infringement of the litigants' right to a fair trial, the problems of restoring the original state following miscalculation, and the responsibilities of judges. Furthermore, the study examines legislative trends abroad concerning the use of AI in judicial tasks, and seeks legislative improvement strategies for the principles and premises that must be adhered to by AI utilized in the judiciary during the era of artificial intelligence.

TINDAK PIDANA TIDAK MENGGUNAKAN LABEL BERBAHASA INDONESIA PADA BARANG YANG DIPERDAGANGKAN DI DALAM NEGERI OLEH PELAKU USAHA

Criminal acts are acts that meet the elements of guilt and against the law that have been stipulated in the law and customary norms that apply in society. The reality in community is that there are many violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. The results showed violations of these provisions both in the form of food and beverages such as rice, sugar, sausages and in the form of non-food such as electronic goods, spare parts, children's toys and others, with empirical evidence in the form of permanent legal force decisions. The purpose of this study is to find the causes of violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. Provisions regulating the obligation of business actors to use Indonesian labels on goods traded domestically are contained in Law Number 8 of 1999 concerning Consumer Protection and Law Number 7 of 2014 concerning Trade. The research concluded that some business actors are not aware of these obligations, do not support government programs and lack of supervision, so it is necessary to continuously socialize the law, effective and fair law enforcement and strict government supervision by involving ministries and other relevant agencies and institutions. The method used is a normative research method and the data are collected by library reseach and analized by qualitative method.

Strengthening the Role of Artificial Intelligence Technology in the Role of Court Judges in Indonesia

This research explores the strengthening role of artificial intelligence (AI) technology in supporting the duties and responsibilities of court judges in Indonesia. In the digital era, the integration of AI in the judicial system is necessary to improve efficiency, accuracy, and fairness in legal decision-making. This research uses a qualitative method with literature studies, in-depth interviews, and case analysis from other countries that have implemented AI in their justice systems. The results show that AI can reduce judges' workload, speed up case resolution, and minimize human error and bias. However, there are challenges such as ethical issues, data privacy, and public trust in AI decisions. This research emphasizes the need for a clear regulatory framework and specialized training for judges to ensure the effective and responsible use of AI. In addition, the importance of collaboration between governments, legal institutions, and technology developers to create AI solutions that comply with the principles of fairness and transparency was expressed. In conclusion, although AI has great potential to strengthen the role of judges in Indonesia, its implementation must be done carefully to maintain the principles of fairness.

Litigation in access to universal health coverage for children and adolescents in Brazil.

Brazil's Unified Health System (SUS) ensures universal, equitable, and excellent quality health coverage for all. The broad right to health, supported by the Constitution, has led to excessive litigation in the public sector. This has negatively impacted the financial stability of SUS, created inequality in children and adolescents' access to healthcare, and affected communication between the healthcare system and the judiciary. The enactment of Law Number 13.655 on 25 April 2018, proposed significant changes in judicial decisions. This study aimed to investigate decision-making changes in health litigation involving children and adolescents following the implementation of the new normative model. The study is cross-sectional, analyzing 3753 national judgment documents from all State Courts of Brazil, available on their respective websites from 2014 to 2020. It compares regional legal decisions before and after the promulgation of Law Number 13.655/2018. Data tabulation, statistical analysis, textual analysis, coding, and counting of significant units in the collected documents were performed. The results of data cross-referencing are presented in tables and diagrams. The majority (96.86%) of legal claims (3635 cases) received partial or total provision of what was prescribed by the physician. The Judiciary predominantly handled these cases individually. The analysis indicates that the decisions made did not adhere to the norms established in 2018. Regional heterogeneity in health litigation was observed, and there was no significant variability in decisions during the studied period, even after the implementation of the new normative paradigm in 2018. Technical-scientific support was undervalued by the magistrates. Prioritizing litigants undermines equity in access to Universal Health Coverage for children and adolescents.

Examining Witness Interest: The Obstacles of Testimony in Islamic Jurisprudence and Positive Law

This study compares Islamic jurisprudence and positive law to explore the obstacles of testimony, focusing on the complexity and controversy surrounding witnesses' interests. Employing a legal comparative method, the research examines self-interest in testimony, emphasizing authoritative sources like fiqh books and Jordanian law, shedding light on the concept of self-interest as its primary focus. It highlights the differences between Islamic jurisprudence and contemporary legal frameworks, providing a nuanced understanding of witness actions in legal processes. This research's findings reveal that testimony's self-interest predominantly relates to lineage, siblinghood, marital relationships, hostility, and partisanship. The results show both Islamic jurisprudence and positive law recognize the prohibition of testimony due to self-interests is not absolute; there are many interpretations and exceptions to this restriction, with differences stemming from the reliance on religious texts in Islamic jurisprudence and legal reasoning in positive law. This gap arises from the ability of contemporary law to examine the interests of witnesses from various perspectives and through the use of different evidentiary tools. This research contributes practically that the application of law that is different from what has been formulated by fiqh scholars in Islamic jurisprudence does not necessarily indicate that the legal decision is at odds with Islamic law.

THE ROLE OF THE SUPREME COURT IN ENSURING THE OBSERVANCE AND RESPECT FOR THE RULE OF LAW

The rule of law is the cornerstone of modern democratic legal systems and an important condition for their continued existence. At the legislative level, it has been recognised in Ukraine since the adoption of the Constitution of Ukraine in 1996, and the establishment of democratic values continues to this day. This scientific paper investigates the development and establishment of the rule of law through judicial proceedings to attain its purpose of delivering justice. In most developed European countries, there is a well-accepted legal tradition whereby constitutional jurisdiction takes precedence over general jurisdiction, thus making the Constitutional Court superior to the Supreme Court. However, the legal reality in Ukraine demonstrates a contrary scenario. As shown by the author, the Ukrainian approach, while highly distinctive, does not contradict international principles about the formation of the rule of law through the courts. Furthermore, the principal legislative provisions completely match the criteria of international and European law. Nevertheless, the study concludes that the excessive activity of the Supreme Court appears to be a significant drawback due to its overly extensive case law. For instance, during the first half of 2023, the Supreme Court heard a total of 63 406 procedural appeals and cases, including 5 433 in the sphere of criminal justice and 7 174 taking into account cases and materials not heard the previous year (Верховний Суд, Аналіз здійснення правосуддя). That is the reason why the Ukrainian legal system is confronted with the issue of defining legal certainty, which is one of the key characteristics of sustainable and democratic justice (Consultative Council of European Judges, 2017). The article identifies that not only is this problem currently unresolved by the Ukrainian legislature, but it also emphasises the importance and necessity of defining the status of case law in the country, as well as the influence of the Supreme Court on ensuring the rule of law. According to the author, there are several options available to overcome these challenges which must be handled expeditiously in light of the ongoing war and Ukraine's eventual membership in the European Union. Based on the results of this article, it is proposed to adopt two legislative proposals. First, case law should be recognised as a source of law, namely the legal conclusions established in Supreme Court rulings. Second, these judgments must be published in the determined form to be regarded as a source of law. To clearly identify the Supreme Court decisions containing legal conclusions and serving as a source of law, the study proposes a separate publication of these judgements from others that do not hold such status. For example, they could be published in dedicated documents/collections, etc. specifically designed for this purpose. Moreover, the author concludes that such an instrument already exists, despite the fact that it is not officially recognised as such. According to the results of this research, the Supreme Court's reviews and digests of case law are an illustration of this particular tool.

The Role of White-Collar Crime Jurisprudence in Combating Corrupt Practices within Pakistan: A Contemplative Analysis

This research investigates the application of white-collar crime jurisprudence in eradicating corruption in Pakistan. The objectives include analyzing the background and development of white-collar crime jurisprudence, exploring the applicability of existing anti-white-collar crime measures, reviewing the performance of the legal body responsible for combating white-collar crimes, examining the impact of military and fundamentalist interference, and suggesting measures to reinforce Pakistan's legal frameworks. The qualitative research method uses literature review, case analysis, and comparison, examining major legal transformations and case decisions. Field studies on major corruption scandals, such as the Panama Papers Scandal and Different Cases of NAB, assess the efficiency of the legal mechanism and enforcement bodies. The influence of the military and fundamentalists is considered based on evaluation cases where legal processes were interfered with. Recommendations are prepared based on the experience of other countries, international norms, and views of professional experts. The study concludes that political civil and military exigencies, fundamentalist perceptions, and political pressure have profoundly influenced the evolution of white-collar crime jurisprudence in Pakistan. Proposals for strengthening the legal base and state authority include stimulating the judicial branch's independence, carrying out deep legal and institutional changes, advocating for the openness and accountability of power, and developing cooperation with other nations.

DESAFIO DO ADVOGADO COM O IMPACTO DA INTELIGÊNCIA ARTIFICIAL

This study investigates the impact of Artificial Intelligence (AI) on the practice of law, analyzing the challenges and opportunities faced by lawyers in the face of this technological transformation. By considering the growing integration of AI in legal research, document analysis, and decision-making, we examine how this technology affects the work of legal professionals. We observe that, while AI can save time and enablegreater efficiency in the provision of legal services, it also presents ethical, legal, and practical challenges, such as issues of confidentiality, transparency, and impartiality. We highlight the importance of the professional training and updating of lawyers so that they can adapt to technological changes and capitalize on the opportunities offered by AI. We conclude that AI is redefining legal practice, providing new tools for lawyers as they continue to play their fundamental role as defenders of individual rights and promoters of a more effective and accessible administration of justice.

TRIAL BY JURY AS A GUARANTEE OF LEGITIMATE DECISIONS: CONSTITUTIONAL, LEGAL AND ECONOMIC PRINCIPLES

The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.

A Cross-National Examination of Abortion Politics: Contrasting Perspectives in the United States and France

The debate surrounding abortion laws has been one of great prominence in current politics. While some nations take a strong stance against the accessibility of the practice, others view it as an essential protection of women's autonomy. The main objective of this paper is to perform a comparative analysis of both the historical and contemporary legal landscape of abortion within France and the United States. Throughout this paper, the examination of the evolution of abortion laws in both countries are laid against a backdrop of shifting societal values, cultural influences, and political dynamics. In the United States, the narrative of abortion laws is marked by intense ideological complications and complex legal battles that result from deep rooted societal divisions. In contrast, Frances progression leaned towards growing liberalization, strongly influenced by public health priorities and an emphasis on gender equity. Through delving into key legal decisions, political movements, and public relations, this paper aims to illustrate the shaping legal and cultural frameworks within the two nations shape their respective policies and practices surrounding the topic of abortion. This paper highlights the implications of these divergent approaches towards womens reproductive autonomy, government health outcomes, and overarching societal norms. The comparative analysis of abortion within the two democracies seeks to provide insights into the underlying reasons for the stark differences in their approaches, striving to draw conclusions that may provide insight for future legal and policy initiatives in the realm of reproductive rights.

Justitia ex machina: The impact of an AI system on legal decision-making and discretionary authority

Governments increasingly use algorithms to inform or supplant decision-making. Artificial Intelligence systems in particular are considered objective, consistent and efficient decision-makers, but have also been shown to be fallible. Furthermore, the adoption of artificial intelligence (AI) in government is fraught with challenges which are only partly understood and rarely studied in practice. In this paper, we draw on science and technology studies and human computer interaction and report on a critical case study of the development and use of an AI system for processing traffic violation appeal at a Dutch court. Although much empirical work on algorithms in practice is primarily observational in nature, we employ a canonical action research approach and actively participate in the development of the AI system. We draw on data collected in the form of interviews, observations, documents and a user-experiment. Based on this material we provide: 1. An in-depth empirical account of the tensions between street-level bureaucrats, screen-level bureaucrats and street-level algorithms; 2. An analysis of the differences between decisions made by, with and without the AI system and find that use of the AI systems impacts decisions made by legal experts; 3. A confirmation of earlier work that finds AI systems can best be applied in support of legal-decision making and demonstrate how the decision-making process of the traffic violation cases may mitigate some of the risks of algorithmic decision-making.

The jurisprudence of the supreme court in electoral matters and the reality of the sui generis doctrine

The jurisprudence of a court refers to the collective body of legal principles, doctrines, and decisions that guide the court's decisions and interpretations of the law. It encompasses the court's philosophical approach to legal issues, its methods of legal analysis, and its precedents and decisions. The jurisprudence of a court evolves over time, reflecting changes in societal values, legal scholarship, and the court's composition. It is essential to understanding the court's decisions and predicting future outcomes. The jurisprudence of the Supreme Court in electoral matters revolves around the antecedents and trends of the Supreme Court in deciding cases based on sui generis. This paper aims to critically appraise the application of the doctrine of sui generis as it applies to the adjudication of cases concerning election matters in Nigeria. It beams the searchlight on the Supreme Court and the effect of many decisions held based on the sui generis principle as it concerns electoral adjudication. The methodology of approach and appraisal is doctrinal and analytical. The findings are that the Supreme Court of Nigeria and the election tribunals have greatly enriched electoral jurisprudence. However, the holding of some cases based on the doctrine has been criticised for the negative effect it has on the doctrine of stare decisis and ‘substantial justice’. The paper makes recommendations that will assist the Supreme Court of Nigeria enhance its electoral jurisprudence, addressing criticisms, and strengthening the integrity of the judiciary in its adjudicatory role in the electoral process.