Constitutionalization of judicial independence: In comparative law and in Serbian legislation
In: Zbornik radova Pravnog fakulteta, Nis, Heft 68, S. 157-174
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In: Zbornik radova Pravnog fakulteta, Nis, Heft 68, S. 157-174
In: CRS Report for Congress, 96-876 E
World Affairs Online
The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary.
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In: Windsor Yearbook of Access to Justice, Band 28, Heft 2
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In: Windsor Yearbook of Access to Justice, Band 28, Heft 2, S. 285-307
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In: Congressional quarterly weekly report, Band 40, S. 3143-3157
ISSN: 0010-5910, 1521-5997
Joseph Brevard, a South Carolina judge, observed in 1814 that "the laws of a country form the most instructive portion of its history." Certainly the successive printed collections of state statutes are among the most reliable and readily available sources for early American legal history. While statutes on their face do not reveal the extent to which they proved effective, the fact remains that to a unique degree statute law, as the product of the legislative process, mirrors the considered values and ideals of a society. Yet the legal history of South Carolina, and indeed that of most southern states, remains largely unexplored. This study attempts to fill part of the gap with an analysis of South Carolina statutory law in the immediate post-Revolutionary era, between the British evacuation of Charleston in December of 1782 and the ratification of the Constitution of the United States in 1788. An investigation of the statutes governing the state during these years should furnish some insight into the impact of the Revolution upon the status of the law as well as the functioning of South Carolina society in the Critical Period. These crucial and unsettled years would see Carolinians follow their victory in the Revolution with the restoration of civil government.
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The first part of this article dealt with the constitutional origins and principles of judicial independence.Those principles form the bases upon which the constitutionality of certain legislative schemes were tested. In that regard, we discussed case law where legislation establishing administrative agencies; the Court Martial; and the regional authority courts presided over by lay traditional chiefs, was challenged for unconstitutionality. The second part of this article examines the hotly-contested question of the constitutionality of the legislative framework under which Regional Magistrates Courts in South Africa were established against the backdrop of the constitutional guarantee of judicial independence. The case for discussion is Van Rooyen & Others v State & Others (General Council of the Bar of South Africa Intervening) where the Constitutional Court, unlike the trial judge, applied a purposive approach to the interpretation of the constitutional questions posed.
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The independence of the judiciary is the bedrock of the democratic system of government. Judicial independence is the gateway to the proper performance of the courts of their role of keeping all organs of state within the boundaries of their powers under the Constitution. The test for determining whether judicial independence is safeguarded is an objective one based on public confidence in the structure of the court and the impartiality of its judicial officers. The ascertainment of the independence of a tribunal depends on the mode of appointment of its judges, their financial security and whether their security of tenure is institutionally safeguarded from legislative or executive manipulation. This article lays down the constitutional basis for judicial independence; examines the test for ascertaining whether a court is independent and impartial; and links judicial independence with separation of powers. The discussion culminates in the analysis of the application of the principles of judicial independence to specific legislative schemes where the structure of the tribunal thereby established had been tested in the courts for unconstitutionality.
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Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In this Article, we identify mechanisms that make independent agencies increasingly responsive to presidential preferences. We find these mechanisms in a context where independent agencies traditionally have dominated: financial policy. In legislative proposals for securing market stability, we point to statutorily mandated collaboration on policy between the Federal Reserve Board and the Secretary of the Treasury. In administration practices for improving securities regulation, we focus on White House coordination of, and Treasury Department involvement in, the policy of the Securities and Exchange Commission. We argue that these mechanisms undermine the conventional distinction between independent agencies and executive-branch agencies. Additionally, we argue that these mechanisms, though producing presidential involvement short of plenary control, are consistent with the strategic political interests of the President. We further contend that they promote political accountability, particularly because greater presidential control is unnecessary to align agency preferences with presidential preferences and instead might be counterproductive. In making this argument, we present a nuanced vision of accountability and update the standard justifications for independence. We also consider the constitutional implications of the new independence-accountability hybrids that we see, as well as possible applications in areas where executive-branch agencies traditionally have dominated. Our claim is not that these hybrids are part of law in any of these contexts; rather, we seek to highlight institutional relationships that outstrip conventional categories but fit with the development of the administrative state. In the future, agency independence will occur not at odds with political accountability but ...
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Legislation introduced in the U.S. in 2002/2003 significantly changed board composition of public firms by imposing a 50% independent directors' ratio. Research on the effect of independent directors is not consensual, implying that this exogenous shock is a unique opportunity to study their importance. This study answers the question of whether or not independent directors can effectively mitigate agency conflicts between shareholders and the management, having a positive impact on the choice of successful R&D projects. We find that an increase of board independence has a positive impact on patent counts. Hence, the results support that independent directors truly spur innovation and risk taking. ; UNL - NSBE
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In: Communication and development series
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Working paper
This is a critical analysis of the international attempts to settle the Kosovo crisis, written from first hand insights of the settlement attempts. It covers several strands of analysis including the tension between state sovereignty and humanitarian concerns
In: Laws and Legislation Ser
Intro -- Contents -- Preface -- Chapter 1 -- Runaway and Homeless Youth: Demographics and Programs (Updated)* -- Summary -- Introduction -- Who Are Homeless and Runaway Youth? -- Defining the Population -- Demographics -- Factors Influencing Homelessness and Leaving Home -- Evolution of Federal Policy -- U.S. Interagency Council on Homelessness: Opening Doors -- Runaway and Homeless Youth Program -- Federal Administration and Funding -- Basic Center Program -- Overview -- Funding Allocation -- Rural Homeless Youth Demonstration -- Transitional Living Program -- Overview -- Maternity Group Homes -- Funding Allocation -- Outcomes of Youth in the TLP -- Special Populations and Rural Homeless Youth Demonstration -- Street Outreach Program -- Overview -- Funding Allocation -- Data Collection Project -- Training and Technical Assistance: RHYTTAC -- National Communication System: National Runaway Safeline -- Oversight -- HHS Oversight -- Congressional Oversight -- Additional Federal Support for Runaway and Homeless Youth -- Educational Assistance -- Chafee Foster Care Independence Program62 -- Discretionary Grants for Family Violence Prevention -- Appendix -- Chapter 2 -- Unauthorized Childhood Arrivals: Legislative Activity in the 115th Congress* -- Summary -- Introduction -- Legislative Activity Prior to the 115th Congress -- Legislative Activity in the 115th Congress -- Measures Providing Temporary Protection from Removal -- Measures Providing Pathways to Lawful Permanent Residence -- February 2018 Senate Floor Action -- S.Amdt. 1955 -- S.Amdt. 1958 -- S.Amdt. 1959 -- Conclusion -- Chapter 3 -- The Child Tax Credit: Legislative History( -- Summary -- Introduction -- Overview -- Major Legislative Changes Made to the Child Tax Credit Between 1997 and 2017 -- Before Enactment -- The Taxpayer Relief Act of 1997