The Structure of Legal Doctrine in a Judicial Hierarchy

Crucial to understanding the behavior of judges and the outputs of courts is the institutional context in which they operate. One key component of courts’ institutional structure is that the judiciary is organized as a hierarchy, which creates both problems and opportunities for judges. For instance, one problem for judges at the top of a hierarchy is how to best exercise oversight of lower court judges, whose decisions are often not reviewed by higher courts. One opportunity is that higher courts can reverse errors by lower courts; another is that, as new legal issues emerge, hierarchy provides opportunities for judges to learn from one another. Scholars of the judicial hierarchy have pursued two broad approaches. The “team perspective” begins by assuming that all judges in a hierarchy have the same values or principles, and thus care only about achieving the correct outcome in a given case. In the team approach, the key problem in adjudication is informational. All judges agree on the correct outcome of a case, conditional on understanding the relevant facts, but may lack this understanding due to resource constraints or informational advantages enjoyed by litigants. The agency approach, by contrast assumes that judges in the hierarchy have differing preferences, and the key problem is how higher courts can ensure compliance by lower courts. Despite these different foundational assumptions, the team and agency approaches have both been employed successfully to study core questions regarding the judicial hierarchy, including: why hierarchy exists; how higher courts can best oversee lower courts; how learning takes place both within and across the levels of the judiciary; and how collegiality influences judicial decision-making. Yet, while our understanding of the judicial hierarchy has greatly increased in recent years, many questions remain, such as how judges learn and how to measure legal doctrine.

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CONSTITUTIONAL AND LEGAL EXPERIENCE OF INTERACTION OF BICAMERAL PARLIAMENTS OF THE CIS COUNTRIES IN THE SPHERE OF FOOD SECURITY

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-5-43-49 ◽

2020 ◽

Vol 10 (5) ◽

pp. 43-49

Author(s):

MARINA MARKHGEYM ◽

◽

ANNA BEZUGLAYA

Keyword(s):

Food Security ◽

Security Analysis ◽

Legal Doctrine ◽

Commonwealth Of Independent States ◽

Independent States ◽

Cis Countries

The article presents the author’s analysis of constitutional texts, regulations and analytical materials of the countries of the Commonwealth of Independent States in order to consolidate in them the consolidated powers of the chambers of parliaments associated with the implementation of food security. Analysis of legal acts of the studied group of states showed that the sphere of food security (as part of the agrarian and food sphere/function) is one of the eventual spheres of interaction between the chambers of parliament. In the course of the study, two approaches of states to the formalization of provisions related to food security in constitutional texts were identified. The first approach is to consolidate norms that indirectly affect the field of food security (Belarus, Kazakhstan, Russia); the second - in the absence of such provisions (Tajikistan and Uzbekistan). It has been established that the interaction of the chambers of parliaments in the field of food security is implemented through the adoption of laws, as well as through various parliamentary events (parliamentary hearings, round tables, seminars, meetings, etc.). It is concluded that the available options for interaction between the chambers of parliaments of states in the field of food security reflect their independent approaches, which are developed on the basis of legal doctrine and practice.

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ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2020-10-6396 ◽

2017 ◽

Author(s):

Oleksii Chepov ◽

Keyword(s):

Legal Status ◽

Modern World ◽

Legal Regime ◽

Legal Doctrine ◽

City Councils ◽

The Social ◽

District Management ◽

Definition Of ◽

The Relationship ◽

The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

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Constitutional policy of law of modern Russia: ideas, priorities, values, directions

10.29039/1747-0 ◽

2018 ◽

Author(s):

Павел Баранов ◽

Pavel Baranov ◽

Алексей Овчинников ◽

Aleksey Ovchinnikov ◽

Алексей Мамычев ◽

...

Keyword(s):

International Law ◽

Public Administration ◽

Public Life ◽

Political Extremism ◽

Legal Doctrine ◽

Legal Policy ◽

Russian State ◽

The Russian Federation ◽

Political Economic ◽

Comprehensive Study

The monograph is a comprehensive study of the nature, content and priorities of the constitutional and legal policy of the Russian state. The authors identify and analyze various elements of the constitutional legal doctrine (value-normative, socio-political, economic, international law, spiritual and moral, etc.), as well as the directions of its development in Russia in the XXI century. Constitutional and legal policy is considered in the context of modern problems of national and religious security, in the sphere of combating political extremism, corruption, network wars, etc.the analysis of practical issues related to the implementation of constitutional and legal policy in various spheres of state and public life is Carried out. The publication is aimed at specialists in the field of law, political science, public administration. The book can also be used in the study of such disciplines as "Constitutional law of the Russian Federation", "Legal policy of the modern state", " Fundamentals of national security»

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Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

Derecho y Justicia ◽

10.29344/07196377.3.1394 ◽

2018 ◽

pp. 101

Author(s):

Rafael Lara González

Keyword(s):

Civil Liability ◽

Third Parties ◽

Insurance Contract ◽

Third Party ◽

Liability Insurance ◽

Legal Doctrine ◽

Insurance Contracts ◽

Spanish Law ◽

Palabras Clave ◽

Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

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