scholarly journals On Independence, Impartiality and Justification of Judicial Power

2019 ◽  
Vol 6 (1) ◽  
pp. 25-31
Author(s):  
Alexander Vital'evich Smirnov
Keyword(s):  
Civil Society ◽  
Theoretical Basis ◽  
Due Process ◽  
The State ◽  
Primary Task ◽  
Main Task ◽  
Civilian Control ◽  
Criminal Process ◽  
Bureaucratic Control ◽  
Voluntary Initiative

The article considers the principle of independence of the judiciary as one of the guarantees of its objectivity and impartiality, and at the same time as the primary task of the judicial policy. A dangerous decline in the level of public confidence in the judiciary is signaled. The theoretical basis for the proposed solutions in the article is the doctrine of the adversarial proceedings and the idea of the judiciary as a mediating link between the state and civil society. The method of achieving this goal is: the formation of an effective content of the judiciary; ensuring due process of law; establishing effective civilian control over the judiciary. It is argued that the role of the trigger for this can be accomplished by four primary measures: the establishment of bodies whose collective name is “magistracy councils” for the formation of an independent judiciary, bringing together representatives of civil society and the state; a significant increase in the jurisdiction of the jury court so that every criminal case (perhaps, with the exception of cases of crimes of a small public danger) can be considered at will of the accused with their participation; democratization of the institute of justices of the peace, which are considered “miniature jury”; the introduction in the criminal process of the institute of investigative judges, whose main task, subsidiary to the activities of the parties, is the legalization (almost exclusively at the request of the parties) of judicial evidence and the decision on the possibility of committal the case to court. It is proposed to increase the motivation of citizens to participate in the consideration of criminal cases as jurors, namely, by establishing additional lists of candidates for jurors, formed through voluntary initiative inclusion of candidates in it (self-recording) through the use of electronic resources. Compared to other publications devoted to the issue of judicial independence, this article proposes a new approach to its solution, based not on strengthening bureaucratic control over the activities of judges, but on maximizing the democratization of judicial activities, in a certain sense “denationalizing” in favor of civil society.

scholarly journals Theorising Asset Forfeiture in Ireland

2007 ◽  
Vol 71 (5) ◽  
pp. 441-460 ◽  
Author(s):  
Liz Campbell
Keyword(s):  
Legal System ◽  
Due Process ◽  
Crime Control ◽  
Theoretical Perspective ◽  
Organised Crime ◽  
The State ◽  
Criminal Process ◽  
Regulatory Aspects ◽  
Legislative Framework ◽  
Asset Forfeiture

Various alterations to the Irish legal system have been effected in a bid to counter organised crime, the most radical of which was the introduction of civil forfeiture in 1996. This article examines the forfeiture process carried out by the Criminal Assets Bureau and seeks to analyse it from a theoretical perspective. Civil forfeiture may be regarded as embodying a move away from due process towards crime control, given the avoidance of traditional protections in the criminal process by its location in the civil realm. Moreover, the process may be characterised as an ‘apersonal means of tackling crime’, in which emphasis is laid on the non-moral and regulatory aspects of the law. This article further contends that civil forfeiture represents an adaptation to reality in which the State reconfigures the legislative framework so as to facilitate more readily the suppression of organised crime.

scholarly journals Utilitarism as the theoretical basis of humanitarian criteria of social innovations

2020 ◽  
pp. 131-134
Author(s):  
A. V. Tonkovidova
Keyword(s):  
Civil Society ◽  
Theoretical Basis ◽  
Social Innovation ◽  
Integrated Approach ◽  
Functional Approach ◽  
The State ◽  
Social Innovations ◽  
Utilitarian Approach ◽  
Theoretical Foundations

The article studies the problem of the theoretical foundations for the definition and construction of humanitarian criteria for social innovation. The actual components of this problem of implementing social innovations in a number of areas of activity, both of the state and civil society, are examined. The possible grounds for determining the humanitarian criteria for social innovation are highlighted: immanent and transcendental. The utilitarian approach is presented in its various historical actualizations as a possible theoretical basis for the humanitarian criteria of social innovation. The positive and negative sides of certain forms of utilitarianism, as a theoretical basis for creating effective criteria for social innovation, are revealed. As a result of the study of the problem, it was determined that the humanitarian criterion of social innovation should include an integrated approach that combines a utilitarian approach and a functional approach.

scholarly journals Dejudicialization and Proceduralism Based on the Nature of Conflicts and According to the Brazilian Constitution

2021 ◽  
Vol 13 (13) ◽  
pp. 341-356
Author(s):  
Fernando Gonzaga Jayme ◽  
Victor Barbosa Dutra
Keyword(s):  
Conflict Resolution ◽  
Civil Society ◽  
Social Development ◽  
Dispute Resolution ◽  
Due Process ◽  
The State ◽  
Access To Justice ◽  
Conflict Processing ◽  
Alternative Means ◽  
Approach Method

The objective of this paper is to show that Access to Justice is a broader concept than Access to the Judiciary. Apart from the movements for access to justice, it is the intention to prove that the Alternative Means of Dispute Resolution and the studies of Conflict Perspective are equally relevant, having in mind that they both defend a plurality of conflict processing institutions (state or not), based on the hypothesis that dejudicialization is an important way to strengthen institutions and promote economic and social development. Therefore, the deductive approach method was used in conjunction with the propositional-juridical method to demonstrate that the exhaustion of the state-owned model in solving conflicts shows that it is possible (and necessary) to develop the Proceduralism beyond the scope of the Judiciary, in order to institutionally expand forms of conflict resolution in civil society. From this, the concept of Proceduralism arises, interconnected with the due process and which is also suitable for the out-of-court ways of dispute resolution, in order to achieve adequate, effective and due process protection, so that pacification is carried out along the lines of constitutional guarantees, with constitutional procedurality also acting on the unjudicialized means of resolving conflicts.

Factors in the Fight against Corruption in the Context of Civil Society and the Rule of Law

2019 ◽  
Vol 10 (7) ◽  
pp. 2082
Author(s):  
Tetiana S. PODOROZHNA ◽  
Vitalii A. VDOVICHEN ◽  
Liudmyla V. VAKARIUK
Keyword(s):  
Civil Society ◽  
Social Institutions ◽  
The State ◽  
Legal Consciousness ◽  
Main Task ◽  
Political Will ◽  
Social Partnership ◽  
The Rule Of Law ◽  
Political Relations ◽  
The Social

The research analyzes the main conditions by having which the state is able to fight against corruption. The preconditions and means of fight against corruption are determined; the results of their implementation in life are considered based on the examples of some countries, namely, availability of effective legislation, political will of the state, specialized bodies of fight against corruption, the establishment of civil society. It is noted that the fight against corruption is the management through a developed network of social institutions created on the basis of ‘participatory democracy’, that is, the interaction of personality, society and state on the principles of social partnership. This concept refers to a complex of political relations and technologies, which establishes public supervision over the activities of state authorities. At the same time, the latter requires a political will to fight against corruption, the legislative provision of this fight and the strict implementation of the adopted legislative acts. The main task for the civil society structures in the fight against corruption is the implementation of public participation in the process of preparing, discussing, adopting and monitoring the implementation of power decisions. Corruption as a systemic problem in Ukraine, demoralizing society, generates such a negative phenomenon of legal consciousness as legal nihilism in the social environment.  

The State and Civil Society in Pakistan: From Crisis to Crisis

Asian Survey ◽  
1996 ◽  
Vol 36 (7) ◽  
pp. 673-690
Author(s):  
Iftikhar H. Malik
Keyword(s):  
Civil Society ◽  
The State

Water Governance and Management in Indus Basin - Challenges & Threats

2020 ◽  
Vol 38 (3) ◽  
Author(s):  
Marium Sara Minhas Bandeali
Keyword(s):  
Water Management ◽  
Civil Society ◽  
Water Resources ◽  
Water Policy ◽  
Water Governance ◽  
Sustainable Use ◽  
Water Security ◽  
Sampling Technique ◽  
The State ◽  
Indus Basin

Water governance and management are important challenges for the River Indus Basin in Pakistan. Water governance refers to social, political and economic factors that influence water management. The water scarcity and water security are a major concern for the state to control its water resources. The study aims to give Sindh water policy by exploring the challenges to Indus Basin in managing water resources and to identify opportunities Indus Basin can look to improve water management. Interviews were conducted from water experts and analysts having 5 years’ experience or more in the water sector of Pakistan through a semi-structured self-developed questionnaire using purposive sampling technique and transcripts were analyzed using thematic content analysis. The findings show that increasing population, climatic change and rising demand of water are major challenges Indus is facing and Indus with time is getting water-scarce therefore need strong institutions, civil society and legislatures to ensure equitable distribution of water and maintain the ecosystem. The study emphasizes that water governance and management are necessary for sustainable use of water. Pakistan, the water stress country needs to address ‘governance’ at a wider scale to solve problems in the Indus Basin for the livelihood of people. The research will benefit the state, water experts, institutions as well as civil society to promote efficient use of water in Indus Basin.

The elimination of violence and terrorism in Iraq strategy

2019 ◽  
pp. 375
Author(s):  
Mona Ali Duaij ◽  
Ahlam Ahmed Issa
Keyword(s):  
Civil Society ◽  
Political Institutions ◽  
The State ◽  
Civil Society Organizations ◽  
State Institutions ◽  
Terrorist Organization ◽  
The Media ◽  
Causes Of Crime ◽  
Religious Aspect

All the Iraqi state institutions and civil society organizations should develop a deliberate systematic policy to eliminate terrorism contracted with all parts of the economic, social, civil and political institutions and important question how to eliminate Daash to a terrorist organization hostile and if he country to eliminate the causes of crime and punish criminals and not to justify any type of crime of any kind, because if we stayed in the curriculum of justifying legitimate crime will deepen our continued terrorism, but give it legitimacy formula must also dry up the sources of terrorism media and private channels and newspapers that have abused the Holy Prophet Muhammad (p) and all kinds of any of their source (a sheei or a Sunni or Christians or Sabians) as well as from the religious aspect is not only the media but a meeting there must be cooperation of both parts of the state facilities and most importantly limiting arms possession only state you can not eliminate terrorism and violence, and we see people carrying arms without the name of the state and remains somewhat carefree is sincerity honesty and patriotism the most important motivation for the elimination of violence and terrorism and cooperation between parts of the Iraqi people and not be driven by a regional or global international schemes want to kill nations and kill our bodies of Sunnis, sheei , Christians, Sabean and Yazidi and others.

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