Paul Tillich and the Supreme Court: Tillich's "Ultimate Concern" as a Standard in Judicial Interpretation

1988 ◽  
Vol 30 (2) ◽  
pp. 245-272 ◽  
Author(s):  
J. McBride
Keyword(s):  
Supreme Court ◽  
Paul Tillich ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
Ultimate Concern

Zee Films and the BCCI: The Award of Broadcasting Rights

2017 ◽  
pp. 1-12
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Supreme Court ◽  
The State ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Government ◽  
The Right

The case discusses the issues related to Zee Tele Films Limited's claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

scholarly journals Redetermination of a Claim to Be a Convention Refugee; A Review of the Jurisprudence

2019 ◽  
Vol 15 (3) ◽  
pp. 609-643
Author(s):  
Roger Cantin
Keyword(s):  
Supreme Court ◽  
Advisory Committee ◽  
Federal Court ◽  
Supreme Court Of Canada ◽  
Judicial Interpretation ◽  
Refugee Status ◽  
Determination Process ◽  
The Supreme Court ◽  
The Subject ◽  
Definition Of

The refugee determination process under the Immigration Act, 1976 comprises many steps which have been the subject of judicial interpretation. An individual claiming to be a “Convention refugee” in Canada will first be examined under oath with regard to his claim. The Refugee Status Advisory Committee will study the transcript of this examination. After obtaining the advice of the Committee, the Minister of Employment and Immigration will determine whether or not the claimant is a “Convention refugee”. Should this determination be negative, the person concerned will have the choice to apply to the Immigration Appeal Board for a redetermination of his claim. At this stage, the Board will grant an oral hearing to the applicant and render a decision thereafter if it is of the opinion that there are reasonable grounds to believe that he could prove that he is a “Convention refugee”. If no oral hearing is granted, the Board will determine that the applicant is not a “Convention refugee”. The Federal Court and the Supreme Court of Canada have had a considerable input in the interpretation of the provisions relating to this refugee determination process, including the wording of the definition of “Convention refugee”. This paper limits itself to a review of the decisions rendered by these courts.

Judicial Interpretation of the Presidential Power of Pardon in Nigeria

2021 ◽  
Vol 2021 (1) ◽  
pp. 23-40
Author(s):  
Sogunle Benjamin Abayomi
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Due Process ◽  
Proper Time ◽  
Presidential Power ◽  
Judicial Interpretation ◽  
Legal Rules ◽  
The Supreme Court

The exercise of the presidential power of pardon has generated periodic controversies and elicited various reform proposals in Nigeria in recent times because this power is often exercised in ways that are clearly at odds with Nigerian society’s interests, including granting pardons to further narrow partisan interests and other personal ends. Of utmost concern is the question of the proper time to exercise this power—whether before or after conviction or at any time in-between. Although the Supreme Court of Nigeria takes the view that the power should not be exercised until after conviction, this paper examines, by way of a comparative analysis, the full amplitude of this power within the narrow confines of this riposteprovoking issue, juxtaposing the reasoning of the Supreme Court of Nigeria against the text of the Constitution, and concludes that, since pardon, an act of grace, operates outside of strict legal rules, subjecting its exercise by the president to the high due process threshold canvassed by the court would defeat the essence of this power.

scholarly journals Judicial Nullification of Statutes under the Charter of Rights and Freedoms, 1982-1988

1969 ◽  
pp. 396 ◽  
Author(s):  
F. L. Morton ◽  
G. Solomon ◽  
I. McNish ◽  
D. W. Poulton
Keyword(s):  
Statistical Analysis ◽  
Supreme Court ◽  
Policy Making ◽  
Minority Rights ◽  
Supreme Court Of Canada ◽  
Judicial Activism ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
Legislative Policy ◽  
Court Of Appeal

This study assesses the effect of the Charter of Rights on legislative policy-making. Unlike earlier studies limited to the Charter decisions of the Supreme Court of Canada, this study identifies and analyzes all reported federal and provincial Court of appeal decisions from 1982 through 1988 in which a statute was declared invalid, in whole or in part. The authors discuss which Charter rights result in the most ' 'nullifications "of statutes, and judicial activism under the Charter, using a statistical analysis to support their assertions. The study also finds that the Charter has had a greater substantive effect on provincial jurisdiction, than on federal creating a tension between provincial rights and minority rights which can be moderated or exacerbated by different modes of judicial interpretation.

The Mechanism of Case Reopening Based on New and Newly Discovered Circumstances: Aims, Meaning, Judicial Interpretation (the final part)

2020 ◽  
Vol 10 ◽  
pp. 27-30
Author(s):  
Elvina I. Fagmanova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Judicial Review ◽  
Legal Issues ◽  
Final Part ◽  
Constitutional Court ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article is devoted to the research of the mechanism in the reconsidering judicial acts under reopened or new circumstances as providing the necessary deviation from the requirement of stability in judicial practice to correct an erroneous judicial act, an analysis of the grounds for reviewing and the importance of judicial review procedures in the system. The author pays an attention to discussions about the possibility of reconsidering a judicial act, due to the development of the position of the supreme court on legal issues, on its borders. The article also analyzes the most important judicial practice of the Constitutional Court of the Russian Federation, the ECHR, and the Resolutions of the Plenum of the Supreme court of the Russian Federation, which substantively reveal the approach of these courts to the mechanism in reconsidering judicial acts under reopened or new circumstances.

scholarly journals Actual Qualification Problems of Sexual Crimes: the Limits of Judicial Interpretation

2015 ◽  
Vol 2 (4) ◽  
pp. 107-113
Author(s):  
S F Miliukov ◽  
O Yu Stepanova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Critical Analysis ◽  
Judicial Interpretation ◽  
Sexual Crimes ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Individual

This article presents a critical analysis of postmen of the Plenum of the Supreme Court of the Russian Federation «On judicial practice in cases of crimes against sexual inviolability and sexual freedom of the individual». The authors point out the limitations of WHO- judicial interpretation opportunities due to serious structural under-STATCOM relevant criminal law and suggest ways to improve them.

scholarly journals O możliwości odmowy przyjęcia lub pozostawienia bez rozpoznania kasacji wniesionej po upływie terminu, o którym mowa w art. 524 § 3 Kodeksu postępowania karnego

2020 ◽  
Author(s):  
Bartosz Łukowiak
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
One Year ◽  
Polish Code

The aim of this work is to analyse Article 524, § 3 of Polish Code of Criminal Procedure and, on the basis of the systemic and functional ways of judicial interpretation, to provide the answer to the question about the possibility of refusing to accept (by the president of the court to which the cassation was submitted) or leaving unexamined (by the Supreme Court) the cassation filed against the accused after more than one year of the date on which the judgment has become final, if, at the same time, it is not even theoretically possible, in that particular case, to change the appealed judgment in favour of the accused. The view was expressed that the adoption of the proposed interpretation of this provision would contribute to a significant relief to the Supreme Court, while maintaining all procedural guarantees for the parties, which, according to the author, may be of particular importance, especially during the period of combating the effects of the SARS-CoV-2 pandemic.

scholarly journals JUDICIAL INTERPRETATION OF KIDNAPPING, ILLEGAL DEPRIVATION OF LIBERTY AND TRAFFICKING IN PERSONS

2020 ◽  
Vol 30 (1) ◽  
pp. 139-144
Author(s):  
G.A. Reshetnikova
Keyword(s):  
Short Stories ◽  
Supreme Court ◽  
Human Trafficking ◽  
Russian Federation ◽  
Criminal Liability ◽  
Judicial Interpretation ◽  
Trafficking In Persons ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article deals with explanations of the Supreme Court of the Russian Federation contained in the resolution of the Plenum “On judicial practice in cases of kidnapping, illegal deprivation of liberty and trafficking in persons”. Basically (where possible) the author’s attention was focused on the formation of a judicial position on the issues concerning these crimes that had already arisen in judicial practice and the answers to them were found in the official press (Bulletin of the Supreme Court of the Russian Federation). The author touched on some short stories of the judicial interpretation of kidnapping, illegal imprisonment, and human trafficking. She gave them her own rating. It is noted that the explanations of the Plenum of the Supreme Court of the Russian Federation on cases of kidnapping, illegal deprivation of liberty and trafficking in persons (with some exceptions) are a generalized experience (outcome) of the application of norms of criminal liability for these crimes.

The Ajay Hasia Case: Society and the Fundamental Rights

2017 ◽  
pp. 1-12
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Supreme Court ◽  
The State ◽  
Fundamental Rights ◽  
Judicial Interpretation ◽  
Admission Process ◽  
The Supreme Court ◽  
The Government ◽  
Definition Of ◽  
The Right

Ajay Hasia and few others failed to secure admission to Regional Engineering College, Srinagar. They challenged before the Supreme Court that the admission process was arbitrary and violative of the Fundamental Right of equality in Article 14 of the Constitution. The right, however, is available only against the ‘state’ as defined in Article 12. The definition of ‘state’ includes ‘other authorities.’ The term ‘other authorities’ has been subject to judicial interpretation and come to include instrumentality or agency of the government. The Ajay Hasia Case consolidated the developing law and formulated that not only the bodies created by an Act but also bodies created under a law, like societies under the Societies Registration Act can be ‘other authorities’.

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