scholarly journals Which is the Chief Chief Justice - David Lynch Scott or Horace Harvey

1992 ◽  
Vol 30 (4) ◽  
pp. 1179
Author(s):  
W. F. Bowker
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
David Lynch ◽  
Privy Council ◽  
The Real ◽  
Chief Justice ◽  
Difficult Time ◽  
The Supreme Court ◽  
The Creation

The creation of the Judicature Act in Alberta in 1919 and its amendments in 1920 led to a period of profound confusion within Alberta's judicial system. Two men, David Lynch Scott and Horace Harvey, were at the centre of this confusion. By exploring personal letters written by Horace Harvey and others, Dean Bowker exposes how the two judges and others behaved and felt as the question of who was the real Chief Justice in Alberta was argued through the Supreme Court and finally to the Privy Council. The letters illustrate that although this was a difficult time for the two men, both treated each other with respect and did what they could to ensure that the issue did not turn into a personal battle between themselves.

The Federal Judicial Conference

1932 ◽  
Vol 26 (3) ◽  
pp. 482-485 ◽  
Author(s):  
Norman J. Padelford
Keyword(s):  
United States ◽  
Supreme Court ◽  
Annual Meeting ◽  
Attorney General ◽  
Legal Profession ◽  
The United States ◽  
Judicial System ◽  
Annual Reports ◽  
Chief Justice ◽  
The Supreme Court

The Conference held its ninth annual meeting in Washington on October 1-3, 1931. Authorized by the Judiciary Act of September 14, 1922, the conference of the senior circuit judges with the Chief Justice of the Supreme Court and the Attorney-General has become an established part of the judicial system of the United States. The reports of these conferences are to be found in the annual reports of the Attorney-General, beginning in 1924. The 1922 and 1923 reports may best be found in the Texas Law Review, Vol. II, pages 445 and 448, and in the Journal of the American Judicature Society, Vol. VIII, pages 85 and 92. In view of the general inaccessibility of the reports of the Attorney-General to the legal profession, it has been suggested that they be published in the Supreme Court Reports. The suggestion has not as yet, however, been adopted.

scholarly journals The Establishment Of The Supreme Court Of Uzbek Ssr And Its Role In The Development Of Society

2020 ◽  
Vol 02 (11) ◽  
pp. 51-56
Author(s):  
Topildiyeva Muyassar Rakhimdjanovna ◽  
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Role Structure ◽  
The Supreme Court ◽  
Archival Documents ◽  
Judicial Proceedings ◽  
The Creation

The establishment of the Supreme Court of Uzbekistan took place during the Soviet era and was the product of a new judicial system. The judicial system changed such a lot during the 1930s and 1934s. Judicial proceedings of the Supreme Court began to move beyond its jurisdiction. This article analyzes the creation and functioning of the Supreme Court in the Uzbek SSR on the basis of primary archival documents. The role, structure and powers of the Supreme Court are also considered.

The transformation of the judicial system in Kyrgyzstan an after 1991. Aspects of the development of administrative justice

2021 ◽  
Author(s):  
Roman Burenko
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Constitutional Court ◽  
Kyrgyz Republic ◽  
The Supreme Court ◽  
The Creation ◽  
The Republic ◽  
Administrative Justice

This article examines the transformation of the judiciary in the Republic of Kyrgyzstan after 1991, as well as aspects of the development of administrative justice in this state. The article presents the main stages of the development of the judicial system of the Kyrgyz Republic: 1993-2002, 2003-2009, 2010-2020. The device of the judicial system of the republic is described, the system of courts of general jurisdiction, inter-district economic courts, the judicial bids of the Supreme Court of Kyrgyzstan, as well as the courts of the second instance, and in addition to the elimination of the system of arbitration courts in the Republic and Military Courts (2003), disbanding the Constitutional Court of the Republic of Kyrgyzstan (2010), the creation of the Constitutional Chamber in the Supreme Court of the Republic. The article provides aspects of the development of administrative justice.

The Ohio Judicial Council Embarks on a Survey of Justice

1930 ◽  
Vol 24 (2) ◽  
pp. 416-425 ◽  
Author(s):  
F. R. Aumann
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Court Judge ◽  
Chief Justice ◽  
The Supreme Court ◽  
Public Hearings ◽  
Municipal Court ◽  
Court Of Appeal

In 1923 the first state judicial council in this country was established in Ohio. The Massachusetts act providing for such a council was introduced earlier and formed the basis for the Ohio law, but it was not adopted until 1924. The judicial council provided for by the Ohio law was composed of the chief justice of the supreme court, two associate justices, the chief justice of the court of appeal, one common pleas judge, one municipal court judge, and three lawyers.The council was charged with the duty of making a continuous study of the organization, rules, methods of procedure, and practice of the judicial system of Ohio, as well as the work accomplished and results produced by that system and its various parts. The results of this continuous study were to be reported biennially to the legislature, with such recommendations for the modification of existing conditions as the council might see fit to make. The council was authorized also to submit suggestions for the consideration of the judges of the several courts with regard to rules, practice, and procedure.To accomplish its purposes, the council was authorized to hold public hearings, administer oaths, and require the attendance of witnesses and the production of books and documents. A witness giving false testimony, or failing to appear when duly summoned, was made subject to the same penalties to which a witness before a court is subject. The clerks of the various courts and other officials are required to submit to the council such reports as the council may prescribe.

scholarly journals The supreme court of US as an authority of Constitutional jurisdiction

2021 ◽  
pp. 82-87
Author(s):  
A.S. Yarova ◽  
A.I. Sisova
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Of America ◽  
The United States ◽  
The Body ◽  
Judicial System ◽  
The Supreme Court ◽  
The Creation ◽  
The Individual

Given the uniqueness of the judicial system in the United States of America and the role of the Supreme Court in shaping the country’s entire judicial system, the authors devoted an article to an analysis of the Supreme Court of the United States as the body that makes up the country’s Basic Law, the Constitution. Taking into account the specificity of one of the oldest written Constitutions of the world, it was appropriate to understand the mechanism of its creation, the powers of the body, which creates it also in the characteristics of this body, which the authors of the article have implemented. The authors analyzed a number of scientific works of both domestic and foreign scholars, the legal literature of the United States of America, the provisions of the Constitution, and fundamentally analyzed the legal system of the United States, and in this way the authors reached the correct conclusions. The history of the creation of the Supreme Court of the United States, its functions and powers were also analysed. The stages of the creation of the Constitution and the procedure for amending it were studied; the evolution of the interpretation of various provisions and of the amendments to the Constitution was studied; The role of the Court’s case law in the creation of the Constitution has been clarified; a number of constitutional precedents have been examined, particularly those that have influenced the interpretation of the V Amendment to the United States Constitution. The term «living Constitution» had been interpreted and explained, what the phenomenon was and what role the Supreme Court played. Sufficient attention has been paid to the individual thoughts and views of Supreme Court judges in the various periods of the institution’s existence. Special attention was also devoted to the analysis of the content of the concept of “constitutional control”, its interpretation in a broad and narrow sense. In the conclusions, the authors stress the principal aim of the founding parents, what meaning was given to the provi-sion of the Constitution, and note the impact of the Court on the State, the social system and the legal status of the individual. In particular, the authors note that the Supreme Court of the United States of America has established effective and acceptable jurisprudence for the Ukrainian judicial system, which has provided the basis for this study.

Chief Justice Stone and the Supreme Court

1947 ◽  
Vol 14 (2) ◽  
pp. 325
Author(s):  
Edward L. Friedman ◽  
Samuel J. Konefsky
Keyword(s):  
Supreme Court ◽  
Chief Justice ◽  
The Supreme Court

Chief Justice Stone and the Supreme Court

1946 ◽  
Vol 32 (2) ◽  
pp. 455
Author(s):  
C. Herman Pritchett ◽  
Samuel J. Konefsky
Keyword(s):  
Supreme Court ◽  
Chief Justice ◽  
The Supreme Court

Regspraak: Novasie en delegasie van skuld – hoe raak dit die versekering van die tersake skuld?

2021 ◽  
Vol 2021 (2) ◽  
pp. 356-378
Author(s):  
JC Sonnekus ◽  
EC Schlemmer
Keyword(s):  
Supreme Court ◽  
The Other ◽  
Secured Debt ◽  
Personal Rights ◽  
The Supreme Court ◽  
Preferential Position ◽  
The Creation ◽  
D 20 ◽  
Court Of Appeal ◽  
Secured Creditors

Personal rights may be transferred by means of cession, and, in such an instance, the cedent (creditor) does not need the debtor’s permission, but once the debtor has been informed, the debt is redeemed only if he performs against the cessionary. If however, someone owes a debt, he (the debtor) can free himself of the obligation only if he redeems the debt, if he is released, or through the running of prescription. But sometimes it might be necessary that a restructuring of someone’s debts takes place or the debtor may want to be replaced with someone else who is willing to take over his obligation. This can be done only with the cooperation and agreement of the creditor. In such a case the debtor delegates his obligation to another person, who then becomes the new debtor of a new debt – the creditor relinquishes his right against the old debtor and accepts the new debtor and the new debt. The old debt no longer exists. It is also possible to rearrange the debt and create a new obligation which extinguishes the old debt – a novation takes place. This contribution starts with a discussion of these general principles and particularly the role that they (should) play when one is dealing with a secured debt which the debtor wants to delegate or when novation comes into play. This leads into a discussion of Wilke NO v Griekwaland Wes Korporatief Ltd (1327/2019) 2020 ZASCA 182 (23 Dec 2020) and the judgments in the earlier courts in which the supreme court of appeal and the other courts did not consider the implications of delegation and novation on an underlying debt when that debt was secured. Delegation and novation extinguish the underlying debt and any security right fortifying that debt is thereby also extinguished because of the principle of accessority. If the creditor requires the new debt to be secured, a new security right needs to be established by meeting all the requirements for the establishment of such security whether it is a right of suretyship or a real security right. A creditor must carefully consider agreeing to a delegation or novation of a secured debt since the implication is that he loses his secured and preferential position, and, even with the creation of a new security right, he loses the ranking he initially held in the line of secured creditors when a right of mortgage, for example, is at stake – qui prior est tempore potior est iure (D 20 4 11pr).

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