scholarly journals L'effectivité des décisions de la justice pénale

2005 ◽  
Vol 26 (4) ◽  
pp. 971-993
Author(s):  
Louise Viau
Keyword(s):  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Judicial Decisions ◽  
Civil Judgment

To measure how effective the decisions of criminal courts really are, the author identifies the various factors interfering with the application of judicial decisions. Are the decisions of foreign jurisdictions binding before the Canadian authorities for extradition purposes ? Moreover, within Canada, what factors might affect the execution of a jail sentence, a fine, or even the suspension of a driving permit ? It will be seen that some of the factors identified interfere only marginally with the decisions while others contribute significantly in modifying the decisions as pronounced by the criminal courts. The conclusion of this paper is that the effectiveness of criminal court decisions is quite relative. It follows that the imposition of a penalty upon those who fail to obey a civil judgment should not be considered as a means of ensuring the effectiveness of that judgment.

The Role Played by External Case Law in Promoting the Legitimacy of International Criminal Court Decisions

2018 ◽  
Vol 87 (2) ◽  
pp. 189-211
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Procedural Law ◽  
The Law

International criminal courts and tribunals (ICTs) often refer to jurisprudence from other ICTs when reaching a decision. This can help increase the legitimacy of their decision-making. This article focuses on the International Criminal Court (ICC) and examines when the ICC may refer to the decisions from other courts; when it in fact does so; when it has chosen to deviate from the decisions of other ICTs; and how this has affected the legitimacy of its decisions. The ICC has generally been mindful in its approach towards referring to jurisprudence from other ICTs, but has not been afraid to deviate from it on occasion in decisions concerning both substantive and procedural law. The article argues that where possible the Court should interpret the law in line with other ICTs’ decisions. This will help increase the legitimacy both of the Court’s own decisions and the field of ICL as a whole.

scholarly journals Konsistensi Putusan Hakim Terhadap Perkara Kerugian Lingkungan Hidup di Indonesia

2021 ◽  
Vol 15 (2) ◽  
pp. 81-102
Author(s):  
Sri Wahyuni ◽  
Arum Nur Rahmawati ◽  
Cheryl Permata Kumala Dewi ◽  
Widya Chrisna Manika ◽  
Sapto Hermawan
Keyword(s):  
Environmental Sustainability ◽  
Research Method ◽  
Environmental Law ◽  
Criminal Court ◽  
Environmental Damage ◽  
Court Decisions ◽  
Legal Research ◽  
Judicial Decisions ◽  
Litigation Process ◽  
Different Types

To ensure environmental sustainability, environmental management must be supported by the enforcement of environmental law through litigation process, whether on criminal, civil, or administrative aspects.  (In Indonesia, there are numerous cases of environmental losses, as well as examples of environmental damage that have been attempted on the court of mandalawangi, natural kallista and sungailiat cases.) The purpose of this research is to find out the extent of court decisions’s consistencies  on environmental cases Using normative legal research method, this research examined three court decisions form two different types of court, which are criminal court (Sungai Liat case) and civil court (Mandalawangi case and Kalistas case). It was found that these judicial decisions show inconsistencies. This condition may weaken the enforcement of environmental law in Indonesia. On the other hand, this difference in judgments may be apprehended as a new standpoint of environmental law in Indonesia. Keberlangsungan pengelolaan lingkungan hidup harus ditunjang dengan penegakan hukum lingkungan, baik melalui jalur peradilan maupun luar peradilan, baik yang bersifat perdata, pidana, maupun administrasi. Penelitian ini mengkaji tiga kasus lingkungan hidup yang diselesaikan melalui peradilan pidana dan perdata, yaitu Kasus Mandalawangi, Kasus Kallista Alam dan Kasus Sungailiat. Tujuan penelitian ini adalah untuk mengetahui problematika penegakan hukum lingkungan hidup di Indonesia, dan untuk mengetahui dampak dari konsistensi putusan hakim dalam perkara lingkungan di Indonesia yang berbeda-beda. Untuk mencapai tujuan tersebut, ketiga putusan hakim tersebut di atas dikaji dengan menggunakan metode penelitian hukum normatif. Hasil penelitin menunjukkan bahwa ketiga kasus tersebut diputuskan secara berbeda. Inkonsistensi tersebut dapat menjadi faktor pelemahan penegakan hukum lingkungan di Indonesia. Namun di samping itu dapat dimaknai sebagai suatu pandangan baru terhadap ketentuan lingkungan hidup di Indonesia.

The Requirement of Legality of Decisions of the Criminal Court: The Legal Basis and Content Components

2021 ◽  
pp. 213-224
Author(s):  
Sergey V. Burmagin ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Russian Federation

Legality as a complex legal requirement to judicial decisions, developed for a long time by Russian science and legal practice, was formally consolidated in the Criminal Procedure Code of the Russian Federation in 2001 and extended to all decisions of the criminal court. However, the wording of the law does not fully and adequately reflect the content of this requirement, and to some extent it contradicts the established scientific ideas and needs of judicial practice. In this regard, the author aims to reveal the content side of the concept of legality of judicial decisions in criminal proceedings, both from a historical perspective and from the perspective of modern legal understanding, and to justify the need to adjust the legislative expression of this requirement. The research problems are solved using historical, dialectical and comparative legal methods of cognition based on the analysis of relevant theoretical concepts developed by the Russian science of criminal procedure law, the provisions of criminal procedure legislation and the legal positions of the judicial authorities: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, federal courts of general jurisdiction. The legal sources of regulatory requirements that the criminal court should follow when making procedural decisions have been identified. The author substantiates the need for an expanded understanding of the legality of judicial decisions as their compliance not only with direct instructions of the law, but also with legal provisions contained in other forms of law: constitutional norms, generally recognized principles and norms of international law, established legal customs, as well as standards of justice developed by judicial practice and legal positions on specific issues of law enforcement. In the context of historical development, the material and procedural aspects of the requirement of legality of judicial decisions in criminal proceedings are analyzed and its content components are formulated. Continuity and at the same time dynamism of doctrinal and legislative approaches to determining the legality of court decisions supported by judicial practice are noted. Certain shortcomings of the normative consolidation of the requirement of legality of court decisions in the current Criminal Procedure Code of the Russian Federation are revealed, in connection with which specific proposals are made to change and optimize certain formulations of the procedural law that determine the content of the requirement of legality of a sentence and other court decisions in criminal proceedings.

International Criminal Tribunals

2018 ◽  
Author(s):  
Ron Levi ◽  
John Hagan ◽  
Sara Dezalay
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Criminal Courts ◽  
International Courts ◽  
Judicial Decisions ◽  
International Criminal Tribunals ◽  
Political Environments ◽  
Professional Field

This chapter focuses on international criminal tribunals. These have emerged as part of a professional field of international criminal law, reshaping how atrocities are handled at the international level. They include the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Court (ICC). In many international courts, authority turns on judicial decisions. Yet in the context of international criminal courts, prosecutorial strategy is often at the core of the building or waning of authority. This is partly because of the power of prosecutors to make headlines and cause political controversy with indictments, and of the highly contentious and atypical political environments in which these courts operate. In building their authority, prosecutors are acutely aware of the constraints on the authority they enjoy and thus seek to speak to the constituencies they need—while avoiding others—through their prosecutorial practices.

scholarly journals Judicial Regionalism's Thwarting of UN Security Council Chapter VII Punitive Cosmopolitanism: Measuring the Effects on International Jurisdictional Constitutionalism

2015 ◽  
Vol 16 (2) ◽  
pp. 261-284 ◽  
Author(s):  
Solon Solomon
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
State Level ◽  
Criminal Court ◽  
Criminal Courts ◽  
Constitutional Order ◽  
Judicial Decisions ◽  
Un Security Council ◽  
Personal Level

Under Chapter VII the UN Security Council has the authority to legally condemn certain behaviors by enacting binding measures on both states and individuals. This has been interpreted through measures undertaken by the Security Council, such as the institution of international tribunals on an inter-state level, and the imposition of sanctions on a personal level.Focusing on Africa and Europe, this Article aspires to demonstrate how regional actors have acted in order to undermine the UN Security Chapter VII punitive cosmopolitanism, either through the institution of regional criminal courts meant to antagonize the International Criminal Court or through judicial decisions that clearly negate the Council's sanctions regime. In order to preserve international punitive cosmopolitanism, the Article will proceed to develop how regional jurisdictional initiatives can be integrated in the general international constitutional order, in both the criminal and the civil/administrative field.

A Progressive Era Idea for Reforming Government that Didn’t Make It: Recall of Judicial Decisions

Public Voices ◽  
2016 ◽  
Vol 13 (1) ◽  
pp. 58
Author(s):  
Mordecai Lee
Keyword(s):  
Public Sector ◽  
Progressive Era ◽  
Academic Discipline ◽  
Public Reporting ◽  
Reform Movement ◽  
Court Decisions ◽  
The Public ◽  
Judicial Decisions ◽  
Progressive Reforms ◽  
Original Concept

As a reform movement and an academic discipline, American public administrationgenerally coalesced during the Progressive era (1890-1920). Progressive reforms for the public sector seeped deeply into the DNA of the field, including separation of civil servants from politics, reliance on expertise, fewer elected offices, and public reporting of agency activities. However, not all of the governmental reforms proposed during this era were enacted. One of the most controversial and least known was Theodore Roosevelt’s proposal in 1912 that the voters be able to have a referendum on major court decisions, permitting them to overturn those decisions. His idea was only enacted in Colorado, where it remained on the books until 1921. This article reviews the original concept and its history in Colorado.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals

2011 ◽  
Vol 12 (5) ◽  
pp. 1261-1278 ◽  
Author(s):  
Milan Kuhli ◽  
Klaus Günther
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Individual Case ◽  
Criminal Court ◽  
Discourse Theory ◽  
Criminal Courts ◽  
Normative Expectations ◽  
Judicial Lawmaking ◽  
The Individual

Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.

Media Arbitration Schemes: Addressing the Backlog of Defamation Cases in Malaysia

2021 ◽  
pp. 1-22
Author(s):  
Imaduddin Suhaimi
Keyword(s):  
United Kingdom ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Criminal Courts ◽  
High Court ◽  
The United Kingdom ◽  
Procedure Code ◽  
Alternative Proposal ◽  
Salient Features

Abstract The rise in defamation claims in Malaysia has placed an onerous workload on the courts to deal with such matters. Against this backdrop, Hamid Sultan Abu Backer JC (as his Lordship then was) (Hamid Sultan JC) suggested in two separate High Court decisions that to alleviate the courts’ burden, matters pertaining to libel and slander ought to be constrained to the criminal courts through appropriate statutory amendments, including to the Criminal Procedure Code (Malaysia). In this paper, the author cautions against the learned Hamid Sultan JC's recommendations and proffers an alternative proposal in the form of media arbitration schemes to handle the growing influx of defamation claims. In particular, the salient features of the IMPRESS and IPSO Schemes from the United Kingdom are scrutinised in detail and measured in terms of suitability for a potential arbitration scheme in the Malaysian jurisdiction.

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