scholarly journals The Human Element in the Judicial Process

1969 ◽  
pp. 301 ◽  
Author(s):  
Honourable Mr. Justice Louis-Philippe Pigeon
Keyword(s):  
Decision Making Process ◽  
Judicial Discretion ◽  
Personal Factors ◽  
Judicial Decision ◽  
Judicial Process ◽  
Judicial Decision Making ◽  
Human Element ◽  
The Subject ◽  
Social Importance ◽  
Selection Of

The imprecision in ascertaining facts and the uncertainty in laws is the subject of this article. The author discusses this in the framework of judicial discretion by examining the strengths and weaknesses of the exercise in discretion. He recognizes that judges do not blindly apply fixed laws by emphasizing the unavoidable imprecision in the law and the exercise of judicial discretion in making law. The author concludes by pointing out the existence of personal factors which enter into the judicial decision-making process and the tremendous social importance of the selection of members of judiciary.

Book Review: The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles

2006 ◽  
Vol 37 (1) ◽  
pp. 153
Author(s):  
Bevan Marten
Keyword(s):  
Decision Making ◽  
Practical Reasoning ◽  
Individual Case ◽  
Judicial Decision ◽  
Judicial Process ◽  
Judicial Decision Making ◽  
Cambridge University ◽  
The Subject ◽  
The Individual

This article is a book review of E W Thomas The Judicial Process (Cambridge University Press, Cambridge, 2005) (414 + xxvi pages) Hardback NZ$180. In his belief that too many judges are simply 'muddling along' without a sound conception of what their role entails, Justice Thomas (a retired judge) has written a book putting forward a theory of judicial decision-making. The book represents the development of Thomas' thinking since an earlier monograph on the subject, but the two pillars on which he bases his theory remain unchanged: that the demands of justice in the individual case, and the requirement that the law meets society's reasonable needs, be at the forefront of every judgment. Marten notes that the book is deliberately pitched at a level that many people can read and enjoy. On the whole, Marten states that the book is a well-written and engaging book by one of New Zealand's most distinctive judges.

Law Clerks

2017 ◽  
Author(s):  
Artemus Ward
Keyword(s):  
Decision Making ◽  
Coalition Formation ◽  
Career Paths ◽  
Decision Making Process ◽  
Judicial Decision ◽  
Judicial Process ◽  
Undue Influence ◽  
Judicial Decision Making ◽  
Coalition Formation Process ◽  
Law Clerks

Law clerks are central to the judicial process. Yet questions persist about whether they exercise undue influence. Clerkships are prestigious and clerk selection is driven by increasing competition. Hired for a single year, clerks take on considerable responsibility. At the agenda-setting stage, clerks screen incoming cases to help judges determine those that are worthy of review. Law clerks do research, prepare their judges for oral argument, and suggest how cases ought to be decided. Clerks take part in opinion writing by drafting the initial opinions that explain their judges’ positions. Clerks assist judges in the coalition formation process by discussing the cases and negotiating with other clerks. Post-clerkship career paths can not only be lucrative but also provide opportunities for former clerks to continue to influence their former bosses. Ultimately, research shows that while clerks necessarily influence the judicial decision-making process, they have not usurped judicial authority.

scholarly journals Internalizing Contestation in Process-Based Judicial Review

2019 ◽  
Vol 20 (8) ◽  
pp. 1167-1181
Author(s):  
Laura M. Henderson
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
Theoretical Basis ◽  
Decision Making Process ◽  
Constitutional Theory ◽  
Judicial Decision ◽  
Constituent Power ◽  
Judicial Decision Making ◽  
European Stability Mechanism

AbstractThe cases challenging the European Stability Mechanism in Eurozone creditor states show the concern courts have with protecting and promoting democratic contestation. This Article shows how John Hart Ely’s theory of process-based review provides the theoretical basis for understanding how attention to democratic contestation contributes to the legitimacy of courts reviewing legislation against constitutional norms. By focusing on promoting democratic procedures, Ely argues that courts can avoid substantive decisions that are best left to the legislature. Yet, as my discussion of the constitutional theory of constituent and constituted powers shows, no form of constituted power can avoid some exercise of constituent power. In other words, even a process-based approach cannot avoid substantive judgments. The legitimacy of these decisions depends on the availability of avenues for contestation in the judicial decision-making process itself.

The judicial pursuit of the sexual victimization of children

2016 ◽  
Vol 23 (2) ◽  
pp. 123-144
Author(s):  
Josep M Tamarit Sumalla ◽  
Mª Jesús Guardiola Lago ◽  
Albert Padró-Solanet ◽  
Patricia Hernández-Hidalgo
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Justice System ◽  
Decision Making Process ◽  
Judicial Decision ◽  
Sexual Offences ◽  
Judicial Decision Making ◽  
Factors Associated ◽  
English Speaking ◽  
Low Rate

This article analyses the criminal justice system’s treatment of those sexual offences against children of which it is made aware. The findings reported in this article draw on a quantitative study based on data ( n = 97) taken from judicial files from a province of Catalonia, Spain. The study examines prosecution, trial and conviction rates, analysing the possible variables involved to provide a better understanding of the reasons behind the successful prosecution of complaints made. The study points to a low rate of prosecution, similar to other studies carried out in English-speaking countries. This leads us to conclude that differences in legal systems do not give rise to significant differences in dealing with cases. There is no evidence that a legalistic system such as that of Spain acts as a restraining element against the influence of non-legal factors in the judicial decision-making process. However, similarities with other studies are not found with regards to some factors associated with it. The findings provide no confirmation of the hypothesis that the Spanish criminal justice system is particularly reluctant to prosecute cases of intrafamilial victimization.

Collective Oath Compurgation in Anglo-Saxon England and African states

1979 ◽  
Vol 20 (1) ◽  
pp. 1-18 ◽  
Author(s):  
William A. Shack
Keyword(s):  
Decision Making ◽  
Social Relationships ◽  
African State ◽  
Anglo Saxon ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Legal Principles ◽  
The Subject ◽  
Early English ◽  
William The Conqueror

Social historians and historians of jurisprudence have, on occasion, drawn attention to the close resemblances between Anglo-Saxon society at the time when it is said to have been dominated by kinship relationships and the large kingdom states in Africa. The truth of the matter is not so easily come by, however, since the content of pre-medieval social relationships linking persons of different station was inadequately recorded by early writers. The faulty character of early records becomes evident in the area of jurisprudence, especially whenever attempts are made to assess the extent to which kinbased social relationships invaded the legal principles in Anglo-Saxon society in matters of dispute and settlement. This notwithstanding, it seems an instructive sociological task to reconsider comparatively with African state societies, wherever possible, certain of those legal ideas that allegedly formed the basis for judicial decision-making in early English courts before the introduction of trial by jury. The interpretation of these early ideas, set against the background of rights, duties, and obligations that obtained between persons of set status, should define more clearly than before whatever general agreement exists between these legal principles and those that obtain in African state societies. A more ambitious treatment of the subject than is attempted in this essay would extend beyond Anglo-Saxon society. But, because of the faulty character of early records, I limit this literary exercise to the period before William the Conqueror crossed the Channel.

scholarly journals Book Review: Moseneke D All Rise: A Judicial Memoir (Pickado Africa Johannesburg 2020)

2021 ◽  
Vol 24 ◽  
pp. 1-6
Author(s):  
Hoolo 'Nyane
Keyword(s):  
Decision Making ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Judicial Decision ◽  
Same Sex ◽  
Judicial Decision Making ◽  
Chief Justice

The contribution is the review published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book uniquely provides a rare window into the dynamics of judicial decision-making at the apex court. Often, legal academics only interact with the judiciary through the judgements. Yet, Moseneke gives the reader much more to the judicial decision-making process than just the judgements. The book further traverses one of the most controversial aspects of the Constitutional Court’s jurisprudence, such as same-sex marriages, succession to chieftainship.

scholarly journals CATEGORIES OF SUPPLY CHAIN PERFORMANCE INDICATORS: AN OVERVIEW OF APPROACHES

2016 ◽  
Vol 14 (1) ◽  
pp. 103-115 ◽  
Author(s):  
Dorota LEOŃCZUK
Keyword(s):  
Supply Chain ◽  
Balanced Scorecard ◽  
Performance Indicators ◽  
Decision Making Process ◽  
Proper Selection ◽  
The Balanced Scorecard ◽  
Scor Model ◽  
The Subject ◽  
Network Form ◽  
Selection Of

The increasing complexity of supply chains, whose structure is changing from a linear to network form creates the need to track a growing amount of information allowing the evaluation of the functioning of the entire supply chain. Developing a system for measuring the performance of the supply chain requires the proper selection of indicators. Performance measurement should be done in a particular context, the analysed dimensions of indicators resulting from the purpose and focus of the survey should be determined. The article reviews Polish and foreign literature in terms of the proposed framework and methods for measuring the performance of the supply chain and the indicated categories (dimensions) of indicators. The authors approach the subject of evaluation of the performance of the supply chain in very different ways. Indicators are divided according to the level of the decision-making process: strategic, tactical, and operational. They are also divided into cost and non-cost or financial and non-financial ones. There are also approaches using the already well established methods and models. An example of this is the selection of perspectives according to the Balanced Scorecard (BSC) and the SCOR model.

Use and Misuse of Epidemiologic Data in the Courtroom: Denning the Limits of Inferential and Particularistic Evidence in Mass Tort Litigation

1986 ◽  
Vol 12 (3-4) ◽  
pp. 423-439
Author(s):  
Harold M. Ginzburg
Keyword(s):  
Distribution Systems ◽  
Judicial Decision ◽  
Judicial Process ◽  
Products Liability ◽  
Judicial Decision Making ◽  
Epidemiologic Evidence ◽  
Statistical Inferences ◽  
Specific Source ◽  
Tort Litigation ◽  
The Impact

AbstractMedical epidemiology is the cornerstone for understanding the safety and efficacy of drugs and medical devices. Epidemiologic principles provide a statistical basis for determining correlations, and ultimately mathematical causation, between two series of events. Medical epidemiologic evidence and statistical inferences are useful and are now routinely accepted in the courtroom.The complex distribution systems that provide fungible goods throughout the country often preclude the identification of the specific source of an allegedly defective product. An expansion of the principles established in Summers v. Tice and Ybarra v. Spangard provide a logical and rational means for the courts to address products liability issues in cases involving multiple and unnamed defendants.This Article discusses the impact of epidemiology on the judicial process, both in the nature of judicial decision-making and in the nature of the law itself. Part III B discusses the “weak” and “strong” versions of the traditional preponderance of the evidence rule, as recast by recent products liability litigation. The remainder of the Article defines the useful and appropriate scope of epidemiologic evidence, concluding that “intentless” epidemiologic evidence alone cannot support an award of punitive damages.

scholarly journals Does the granted access to the court automatically guarantee the citizen the access to justice?

2017 ◽  
Vol 1 (1) ◽  
pp. 95-104
Author(s):  
Michal Mrva ◽  
Michal Krajčovič
Keyword(s):  
Rule Of Law ◽  
Communication Competence ◽  
Personal Characteristics ◽  
Decision Making Process ◽  
Access To Justice ◽  
Judicial Decision ◽  
Moral Integrity ◽  
Judicial Decision Making ◽  
Professional Care

The authors examine the content of the terms access to the court and access to justice. These terms can be considered identical in a system based on the material rule of law (material legal state), that respects its principles. Social reality, sometimes, however, proves the opposite. The successfulness of ensuring (guaranteeing) the access to justice is determined, first and foremost, by the quality of the personal substrate of the judicial authorities – mainly judges themselves. The authors identify which personal characteristics are crucial in this regard. These include the judge´s level of professionalism (due professional care), moral integrity and communication competence. In order to consider the judicial decision-making process as the process (procedure) leading to justice, all of these requirements must be met at the same time.

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