징계대상자의 방어권 보장에 대한 소고

Pakistan's Law for Removal of Superior Courts Judges: Safeguards to Independence of Judiciary v/s Duty of Executive to Probe into Conduct of Judges

This note examines the UK Supreme Court's judgment in the Brexit case, Miller v Secretary of State for Exiting the European Union. The case upheld the decision of the High Court, which rejected the claim that the foreign affairs prerogative provided a legal basis for giving notice to EU institutions of the UK's intention to withdraw from the EU. But the Supreme Court's preferred basis for dismissing that claim rested on the more general proposition that significant constitutional change can only be effected by statute. This position offers the germs of a jurisprudence of constitutional change and was substantiated by means of an analysis of Parliament's dual capacity as legislator and constituent agent. Miller also includes important and potentially innovative dicta on the relationship between international and domestic sources of law.

For strengthening the legal system of justice against the menace of bribery, a highly cogent and sensitive forensic technique has been developed using an indicator dye of triphenylmethane group---Bromocresol green (BCG)---as corruption marker. By means of BCG, a bribe-seeker can be so firmly trapped that not only his/her hand or finger(s) get colored blue upon treatment with water, that even the shirt's pocket as well as some of the coercively-received currency notes also get tainted with deep blue color. The new technique replaces the age-old use of phenolphthalein for trapping the bribe-seeker wherein, when bribe-taker's hand is dipped in sodium carbonate solution a pink color is produced. The necessity for a new and cogent technique has become desirable because owing to several procedural deficiencies and techno-legal lacunae as pointed out in various High Courts’ and Supreme Court's judgments, and also because of the instability of the pink color generated by phenolphthalein and alkali, the trapped-and-convicted persons are quite often set free upon appeals. But the sturdy blue color produced by BCG is of highly stable in nature which firmly and truly ratifies the “Locard's Exchange Principle” of forensic science. The strong blue spots specially on the hand or fingers and the blue-spotted shirt pocket along with the blue-tinted currency notes, can all act collectively as strong incriminating legal evidence(s) against the trapped person. Unlike phenolphthalein, sodium carbonate is not required in the BCG method to generate the color (blue) either in water or on other (hard) objects. Moreover, any additional stabilizer like hydroquinone, etc., is also not required either for storing the blue solution, or for safekeeping the blue-spotted hard materials like shirt, handkerchief, or currency notes for showing them in the court of law at appropriate stage. Since the BCG-produced blue color on the currency notes is of utmost stability and can not be wiped away by ordinary means, a special method has also been reported to safely remove (conceal) the blue spots from the currency notes used in the ‘Operation BCG’. Having all these (hard) bluish objects in the hands of anti-corruption bureau (ACB) as irrefutable evidences against the accused, there is hardly left any need for safekeeping the blue-colored water solution (the liquid obtained after dipping trapped person's hand in water).

Since 1995, the Chilean Supreme Court counts with specialized chambers for knowing determinate matters. One of the main objectives in creating these specialized chambers consisted in assuring a more certain and uniform application of the law. This article focuses on the case-law produced by the Supreme Court's criminal chamber, trying to assess the extent to which the goal of a uniform application of the law was achieved during the years 1995-2002. In order to do so, the study utilizes the conceptual framework elaborated by relevant American research on the following of precedents, assuming that a more uniform application of the law is the natural result of that kind of court behavior. According to that research, the degree to which the precedents set by a Supreme Court are actually followed can be ascertained in two levels: first, by examining the phenomena within the Supreme Court itself, where a justice's precedential attitude depends on a low level of salience of the issue addressed, which in turns depends on specific historical circumstances (Spaeth & Segal); second, by studying the issue in a 'vertical' direction, that is, through the examination of the extend to which the behavior of lower court's is congruent with the jurisprudence elaborated by the Supreme Court, which depends on certain institutional conditions studied under the principal/agent relationship model (Songer, Segal & Cameron). This study examines precisely the degree of precedent-following exhibited by the Criminal Chamber of the Chilean Supreme Court and by the country's High courts with regard to five precedent-setting cases decided by the former. After an extensive analysis of court decisions and in depth-interviews of Supreme Court's justices and High Court's judges, as well as criminal-lawyers, the study concludes that the introduction of a Supreme Courts' Criminal Chamber has produced ambivalent, if not poor, outcomes in terms of a uniformity of its jurisprudence, both within the Criminal Chamber itself and at the High courts' level.

This study examines the integration of Artificial Intelligence (AI) in the Indian judiciary system, focusing on its potential to address environmental sustainability and climate change challenges while improving judicial efficiency. The Indian courts’ traditional paper-based operations contribute significantly to environmental degradation, necessitating technological solutions for a greener justice system. The research analyzes the current state of AI implementation in Indian courts through examination of three major initiatives: SUPACE (Supreme Court Portal for Assistance in Court Efficiency), SUVAS (Supreme Court Vidhik Anuvaad Software), and various e-Court projects. The study evaluates both environmental impact data and technological implementation reports from the Supreme Court’s E-Committee and Ministry of Law and Justice. The implementation of AI-driven systems has shown promising results, with SUVAS successfully translating over 36,271 Supreme Court judgments into Hindi and 17,142 judgments into 16 regional languages by 2024. Virtual hearings between 2020 and 2023 prevented an estimated 50,000 metric tons of carbon emissions through reduced travel. While AI integration shows significant promise in reducing environmental impact and improving judicial efficiency, the study identifies key challenges including the need for comprehensive legislation governing AI use in judiciary, substantial infrastructure requirements, and data privacy concerns. The recent allocation of ₹1,500 crore for Phase III of the e-Courts Project and the implementation of the Digital Personal Data Protection Act demonstrate strong governmental commitment to technological advancement in judiciary while addressing legal and privacy concerns.

ABSTRACTWhat research has been done to characterize the outcomes of disciplinary action or fitness-to-practice cases for regulated health professionals?To answer this research question, relevant publications were identified in PubMed, Ovid EMBASE, CINAHL via EBSCOhost, and Scopus. Included papers focused on reviews of regulatory body disciplinary action for regulated health professionals.Of 108 papers that were included, 84 studied reasons for discipline, 68 studied penalties applied, and 89 studied characteristics/predictors of discipline. Most were observational studies that used administrative data such as regulatory body discipline cases. Studies were published between 1990–2020, with two-thirds published from 2010–2020. Most research has focused on physicians (64%), nurses (10%), multiple health professionals (8.3%), dentists (6.5%) and pharmacists (5.5%). Most research has originated from the United States (53%), United Kingdom (16%), Australia (9.2%), and Canada (6.5%). Characteristics that were reviewed included: gender, age, years in practice, practice specialty, license type/profession, previous disciplinary action, board certification, and performance on licensing examinations.As most research has focused on physicians and has originated from the United States, more research on other professions and jurisdictions is needed. Lack of standardization in disciplinary processes and definitions used to categorize reasons for discipline is a barrier to comparison across jurisdictions and professions. Future research on characteristics and predictors should be used to improve equity, support practitioners, and decrease disciplinary action.

At the turn of the 19th and 20th centuries, the American reform movements tried to match American ideals with the challenges of the times. Progressive attitudes highlighted the necessity of reforms. The Chinese issue, often risen in the public dialogue, was the subject of deliberation of the Supreme Court, the Congress, and the federal executive branch of government. Chae Chan Ping v. United States and subsequent cases established the doctrine of consular noneviewability referring to immigration law and delineating the scope of judicial review for decisions concerning the admission of immigrants to the United States. They also strengthened the plenary power doctrine. We may ask if the Supreme Court judgments were in conformity with the ideas of American Progressivism. Unfortunately, the Chinese Exclusion Cases were not compatible with the visions of progressive reformers and reflected anti-Chinese sentiment rather than an aspiration for reforms.

Article 24 paragraph 1 of the 1945 Constitution "Judicial power is an independent power to administer justice to uphold law and justice". Will However, Article 24A paragraph 3 makes a provision that candidates for Supreme Court judges are proposed by the Judicial Commission to the DPR for approval and subsequently appointed as Supreme Court justices by the president and the Supreme Court Law states that the appointment of Supreme Court Judges is carried out by the President at the proposal of the DPR or the dismissal of the Chair, Deputy Chairperson. , Junior Chairmen, and Member Judges of the Supreme Court are dismissed by the President at the suggestion of the Supreme Court, so that the President has loopholes that can later affect the psyche of judges in making decisions. This study aims to determine the independence of judicial power in Indonesia in the perspective of Islamic law. This study uses a normative and juridical approach. The authors conclude that the proposal for the appointment and dismissal of Supreme Court judges by the Judicial Commission, the DPR and the President may affect the psychology of a judge in making a decision so that This can eliminate the meaning of Article 24 paragraph 1 of the 1945 Constitution which shows the lack of independence of the judicial power in upholding justice in accordance with the ideals of the 1945 Constitution. Indeed, in the history of the Islamic judiciary, it is the Caliph (President) who has the authority to appoint and dismiss a judge/qhadi. judges have a fear of Allah so that judges decide cases based on Islamic law.

In this analysis, Law 2080 of 2021 will be approached from a perspective of contrast with the principle of due process, especially in the field of administrative proceedings. This reform was conceived as a result of the need to implement in the administrative contentious jurisdiction technical mechanisms and a redistribution of workloads and competencies between the Council of State, the Administrative Courts and the Administrative Courts at the national level. In addition to these modifications, the reform also incorporates significant changes, such as the application of the General Procedural Code in matters of the jurisdiction and in sanctioning matters, as well as adjustments in certain procedures, such as the provisional suspension in tax matters. In this context of regulatory change, it is essential to highlight the consistency of the administrative sanctioning process with the principle of due process, a fundamental guarantee in any administrative action and, even more so, when it comes to sanctioning procedures. An important aspect of this principle is the right to a second hearing, recognized by international organizations as a right that the State must ensure in all its actions. This analysis was based on specific cases of the Council of State that address the double instance and its impact on the administrative sanctioning process

From Executive Appointment to the Collegium System: The Impact on Diversity in the Indian Supreme Court

The fact that the Supreme Court Judges are named by the Federal Executive is contrary to the basic rule of federalism which imposes an impartial arbiter. When judges who have to decide on political and constitutional issues are chosen unilateral ly by one of the litigants, the presumption of impartiality is lessened. Perhaps the recent centralist decisions of the Supreme Court of Canada would have been different if the provinces would have had the possibility of nominating certain number of judges. For Quebec, the National State of French Canadians, the defense of its jurisdiction is vital question for the survival of its culture! For this province, centralist Supreme Court becomes a major danger in the evolution of the Canadian Constitution.

<p><span class="fontstyle0">El presente artículo analiza el caso de México Unido Contra la Delincuencia (MUCD), grupo de la sociedad civil que emprendió una movilización legal para cuestionar el modelo prohibicionista en materia de drogas, en tanto consideran que éste es una de las causas primordiales de la inseguridad en México. Ante la negativa de los poderes Ejecutivo y Legislativo para establecer reformas, mucd acudió al poder Judicial, en donde cuestionó de manera indirecta la política prohibicionista del Estado mexicano. Mediante el análisis de entrevistas, documentos oficiales, así como del proyecto y sentencia de la Suprema Corte, este artículo sostiene que el éxito de la movilización radicó en la construcción de una estructura de apoyo, así como en la utilización del litigio estratégico, cuyo establecimiento de alianzas entre abogados, con vínculos sociales, profesionales y de parentesco de alto perfil jugó un papel central en la obtención de un fallo favorable de la Suprema Corte de Justicia de la Nación.</span><br /><br /></p>

여기에서는 사법경찰관 작성 피의자신문조서에 대해 매우 엄격하게 증거능력 인정 하는 것과 검사 작성의 피의자신문조서와 차별을 두는 형사소송법 규정과 당해 피의자는 물론 피의자와 공범관계에 있는 자에게 까지 이러한 차등을 연계하여 인정하는 대법원의 해석의 합리성에 대해 검토하였다. 사법경찰관 작성 피의자신문 조서의 증거능력을 다루고 있는 우리 형사소송법 제312조 제3항은 그 증거 가능성을 매우 제한적으로 규정하고 있다. 그것은 사법경찰관 그 자체의 불신이라기 보단 수사기관 입 장에 몰입된 수사편향성과 인권침해적 위험성을 염두에 둔 것으로 보인다. 같은 수사기관 임에도 검사작성의 피의자신문조서의 그것과 비교하여 더 염격한 이유는 검찰 그자체에 대한 법적 신뢰라기 보다는 인권옹호자와 객관 의무를 전제로한 차이를 반영한 것이라고 할 수 있다. 그런데 영상녹화제도와 조사자 증언제도의 등장한 이러한 기존의 법체계와 대법원 해석과 곳곳에서 충돌하고 있다. 이러한 충돌을 기존 체제에 다소 무리하게 도입된 이 두제도를 중심으로 혹은 전제로 해서 해석하기 보다는 인권침해 소지를 줄이고 지나치게 수사전략에 매몰되지 않는 입법적 정리와 법정책이 요구된다.I searched in to interpretation and legal policy and case law of supreme court about protocol of interrogation prepared by judicial police officer rules the admissibility very limitedly. According to Korean Criminal Procecdure Law Protocol concerning interrogation of a criminal suspect, prepared by any investigative institution other than a prosecutor, shall be admissible as evidence, only if it was prepared in compliance with the due process and proper method and the defendant, who was the suspect at the time, or his/her defense counsel admits its contents at a preparatory hearing or a trial(Article 312 (3)). This is applied to Protocol of accomplice interrogation prepared by judicial police officer according to Supreme Court judgment. It seems that it is rather minding the risks of human rights abuse as an investigative agency. Existing legal system appeared in Video Recording of criminal Suspect s statements and testimony by interrogating police officers are conflicting with the Supreme Court judgment occassionally. Rather than interpretating these two systems which are introduced by force or presupposing, reducing violation of human rights possession and it also requires legislative order and legal strategy which do not overly buried into the investigation strategy.

Legal discourse is characterised by unique grammatical, lexical and stylistic features which are meant to enhance clarity and precision in the legal content. However, from a critical perspective, some of the discursive and stylistic features used alienate the common person and elevate judges and lawyers to an ideological pedestal. This study undertook a Critical Discourse Analysis of Kenya Supreme Court judgements on election petitions and civil cases with a view to investigate the discursive features used to represent legal ideology. The study was guided by Critical Discourse Analysis theory and a qualitative research design was used. The population for this study comprised the judgements made by the Kenya Supreme Court since its inception in 2010. Purposive sampling was used to identify five judgements on election petitions and civil cases. Guided by the CDA theory, features representing legal ideology were explored and discussed. The features include use of lexical stylistic features, performative verbs, legitimation, presuppositions, argumentation, interrogative forms, metaphors, precedence and predication. These features were meant to create precision and authority in the Supreme Court judgements. However, from a critical perspective, it was imminent that the features led to elevation of judges and lawyers as custodians of justice while the ordinary person was excluded from the legal process. The insight from this study is applicable to Forensic Linguistics and legal drafting. Judges and lawyers ought to use language in such a way that the common person is not excluded. Technical terminology should be used when necessary more so in contexts that involve only the legal personnel. In legal contexts that involves the ordinary person, plain language should be used.

Judges of supreme court: Portraits wanted Get access Reginald V. Harris Reginald V. Harris 1Halifax, Canada Search for other works by this author on: Oxford Academic Google Scholar Notes and Queries, Volume 156, Issue 20, 18 May 1929, Page 350, https://doi.org/10.1093/nq/156.20.350c Published: 18 May 1929