On the Organisation of the Ordinarycourts
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From Roman Immunitas to Merovingian Emunitas - Remarks on the Evolution of Roman Fiscal Concepts in the Germanic Realms
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Jagiellonian Univeristy Repository Internetowy Przegląd Prawniczy TBSP UJ 2016/7 ISSN 1689-9601 Rafał Marek * From Roman Immunitas to Merovingian Emunitas - Remarks on the Evolution of Roman Fiscal Concepts in the Germanic Realms. Streszczenie Kodeks Teodozjański zawierał liczne prawa mające na celu zapewnienie uprzywilejowanego statusu Koś cio ła i kleru. Prawa owe były elementem szerszej polityki skierowanej na umocnienie chrześcijańskiego imperium rzymskiego. Zwolnienia fiskalne grały tu znaczną rolę. Po upadku Zachodniego Cesarstwa, regna barbaro-rzymskie zachowały rzymskie dziedzictwo prawne i koncepcje prawodawcy oraz właściwego modelu relacji władzy monarszej i duchowieństwa. Utrzymano też w dużej mierze rzymskie rozwiązania skarbowe. Rozwijały się tez nowe idee i instytucje ustrojowe. Immunitety skarbowe Merowingów są tu dobrym przykładem. Królowie z tej dynastii starali sie naśladować wzorce cesarskiej polityki wobec duchownych. Jednak zmienione okoliczności polityczne i gospodarcze sprawiały, że rzy mskie instytucje przekształcały się w więzi feudalne. Słowa kluczowe: Prawo rzymskie, histo ria prawa średniowiecznego, immunitet, prawo frankijskie, historia średniowiecza, imperium rzymskie . * PhD candidate, Chair of General History of Law and State, Jagiellonian University, Cracow. 49 1). Roman legal heritage a). Introduction When the end of the old order had come and the new Earth was being born in pain - with those words begins a hymn in honour of Saint Benedict of Nursia 1. The epoch of saints like Benedict was a time of destruction and decay, but it was also the time of innovation and evolution. In this paper, I would like to focus on one aspect of this process, namely on the changes and accommodations of Roman ecclesiastical privileges in fiscal matters as they oc- curred in the Germanic states of Latin Europe. -
The Rights of War and Peace Book I
the rights of war and peace book i natural law and enlightenment classics Knud Haakonssen General Editor Hugo Grotius uuuuuuuuuuuuuuuuuuuu ii ii ii iinatural law and iienlightenment classics ii ii ii ii ii iiThe Rights of ii iiWar and Peace ii iibook i ii ii iiHugo Grotius ii ii ii iiEdited and with an Introduction by iiRichard Tuck ii iiFrom the edition by Jean Barbeyrac ii ii iiMajor Legal and Political Works of Hugo Grotius ii ii ii ii ii ii iiliberty fund ii iiIndianapolis ii uuuuuuuuuuuuuuuuuuuu This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals. The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. ᭧ 2005 Liberty Fund, Inc. All rights reserved Printed in the United States of America 09 08 07 06 05 c 54321 09 08 07 06 05 p 54321 Frontispiece: Portrait of Hugo de Groot by Michiel van Mierevelt, 1608; oil on panel; collection of Historical Museum Rotterdam, on loan from the Van der Mandele Stichting. Reproduced by permission. Library of Congress Cataloging-in-Publication Data Grotius, Hugo, 1583–1645. [De jure belli ac pacis libri tres. English] The rights of war and peace/Hugo Grotius; edited and with an introduction by Richard Tuck. p. cm.—(Natural law and enlightenment classics) “Major legal and political works of Hugo Grotius”—T.p., v. -
The Normative Cycle of Shaping Judicial Independence in Domestic
Chicago Journal of International Law Volume 10 Number 1 Article 13 6-1-2009 The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges Shimon Shetreet Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Shetreet, Shimon (2009) "The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges," Chicago Journal of International Law: Vol. 10: No. 1, Article 13. Available at: https://chicagounbound.uchicago.edu/cjil/vol10/iss1/13 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges Shimon Shetreet* I. INTRODUCTION The creation of the culture of judicial independence has been a combined process of national and international developments. The process consists of a cycle of normative and conceptual impact of national law on international law and later, of international law on national law. In the cycle's first phase, which began in 1701 with England's enactment of the Act of Settlement,' judicial independence was conceived domestically. In the second phase, which began shortly thereafter, this domestic development crossed national boundaries and impacted the thinking of scholars and political leaders in the international community. -
Chinese Communist Law: Its Background and Development
Michigan Law Review Volume 60 Issue 4 1962 Chinese Communist Law: Its Background and Development Luke T. Lee Research Fellow in Chinese Law at Harvard University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Comparative and Foreign Law Commons, Law and Philosophy Commons, Legal Education Commons, Legal History Commons, and the Legal Profession Commons Recommended Citation Luke T. Lee, Chinese Communist Law: Its Background and Development, 60 MICH. L. REV. 439 (1962). Available at: https://repository.law.umich.edu/mlr/vol60/iss4/3 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. CHINESE COMMUNIST LAW: ITS BACKGROUND AND DEVELOPMENTt Luke T. Lee* I. INTRODUCTION T is perhaps axiomatic to state that law is more than an instru I ment for the settlement of disputes and punishment of wrong doers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even begin to understand China's foreign policies, its future role in international organizations, its treatment of foreign rights and interests in China, and, above all, the acceptability of the Com munist regime to the Chinese people, without some knowledge of its legal system and its concepts of justice and law, both domestic and international. -
The Rule of Law and Judicial Independence: Protecting Core Values in Times of Change
THE RULE OF LAW AND JUDICIAL INDEPENDENCE: PROTECTING CORE VALUES IN TIMES OF CHANGE Antonio Lamer' I. Introduction For many, Ivan C. Rand is a name from the past. For me, he is far more than that. When I was called to the Bar of Québec in 1957, Ivan Rand was still a member of the Supreme Court of Canada. The contribution that Ivan Rand made to this country remains significant even after his untimely death in 1969. The Rand formula remains a part of our labour law lexicon. The many thoughtful articles that he contributed to legal journals over the course of his career, as a practitioner, as a judge, and finally as a legal academic, continue to stimulate and to enlighten us. Most importantly the judgments that he wrote, particularly in the area of constitutional law, still provide us with inspiration and guidance as we face the challenges that confront our legal system, particularly those posed by the Charter. In fact, it is a rare decision of the Supreme Court of Canada that deals with one of the fundamental freedoms in the Charter for the first time and does not invoke a passage from one of Justice Rand’s memorable decisions from the 1950s, such as Boucher v. R.,1 Saumur v. Québec (City of),2 or Switzman v. Elbling.3 What makes the decisions of Justice Rand such useful sources of guidance on the interpretation and application of the fundamental freedoms of the Charter is that, unlike most Canadian judges prior to the advent of the Charter, Justice Rand recognized the importance of analyzing issues of constitutional policy in terms of the fundamental or core values of our system of government. -
Why Judicial Independence Fails
Copyright 2021 by Aziz Z. Huq Printed in U.S.A. Vol. 115, No. 4 WHY JUDICIAL INDEPENDENCE FAILS Aziz Z. Huq ABSTRACT—Judicial independence seems under siege. President Trump condemns federal courts for their political bias; his erstwhile presidential opponents mull various court-packing plans; and courts, in turn, are lambasted for abandoning a long-held constitutional convention against institutional manipulation. At the same time, across varied lines of jurisprudence, the Roberts Court evinces a deep worry about judicial independence. This preoccupation with threats to judicial independence infuses recent opinions on administrative deference, bankruptcy, patent adjudication, and jurisdiction-stripping. Yet the Court has not offered a single, overarching definition of what it means by the term “judicial independence.” Nor has it explained how its disjointed doctrinal interventions add up to a coherent theory of institutional autonomy. And it remains unclear how debates on judicial independence among jurists relate to debates about the same term in the larger public sphere. This Article’s first contribution is to analyze how the Roberts Court understands the term judicial independence and how its doctrinal rules fall far short of realizing even the aspirations the Court has for that term. This case study in doctrinal specification illuminates the gap between the Justices’ own ethical aspiration toward judicial independence and its institutional realization—a gap that generates confusion, uncertainty, and opportunities for circumvention. This Article then abstracts away from the particulars of the Roberts Court’s jurisprudence to explore the origins of this aspiration– implementation gap. To motivate this more general analysis, it first demonstrates that there is a large range of constitutional-design options for a founder seeking to create independent courts. -
Judicial and Prosecutorial Independence and the Rule of Law
1 Which Independence for the Rule of Law? Lessons from Europe by Carlo Guarnieri and Daniela Piana (University of Bologna) Tentative draft The rule of law is increasingly considered to be a necessary condition for the development of a market economy and a successful democracy. The creation of a stable institutional setting, the introduction of transparent, well‐formulated and predictable legal norms, the establishment of a system of checks and balances restraining the exercise of political power, have all been the preferred target of policies promoted by international organizations. In this context, an independent judicial system has emerged as one of the pillars of the rule of law. Independent judges – and, as we are going to see, also independent prosecutors – have been increasingly considered fundamental in order to establish and implement a system of fair rules. However, the concept of courts’ independence is not always well defined, often referring to related but different phenomena. Moreover, to a more careful consideration, the relationship between independence and rule of law seems more complex than expected. The case of Europe – where, in recent decades, significant reforms have been implemented in the realm of the administration of justice ‐ is a good case in point. In Western Europe the relationship between courts’ independence and the rule of law is not always clear, maybe thanks to different institutional traditions. The new Eastern and Central European states can provide important insights in the matter, thanks to their relative common institutional development: a long period of communist rule and a transition to democracy which is still in the process of consolidation. -
The Rule of Law, the Separation of Powers and Judicial Independence in Canada
Chapter 48 The Rule of Law, the Separation of Powers and Judicial Independence in Canada Warren J. Newman* The Constitution of Canada was modelled on the British tradition of unwritten principles and conventions governing the exercise of legal power to produce a constitutional mon- archy, parliamentary democracy, and responsible government, as well as the American paradigm of constitutional supremacy embodied in written provisions, required in turn by the federal rather than unitary structure of the state. This hybrid model is reflected in the Canadian understanding of the rule of law, which is embodied implicitly in the preamble to the Constitution Act, 1867— Canada was to enjoy ‘a Constitution simi- lar in Principle to that of the United Kingdom’—and explicitly in the preamble to the Canadian Charter of Rights and Freedoms (itself a part of the Constitution Act, 1982)— ‘Whereas Canada is founded upon principles which recognize the supremacy of God and the rule of law’. The idea of the rule of law is also intrinsic to provisions such as section 7 of the Charter, guaranteeing the right to life, liberty, and security of the per- son and the right not to be deprived thereof ‘except in accordance with the principles of fundamental justice’; section 15, protecting and expanding upon Dicey’s1 understanding * BA, BCL, LL.B (McGill), LL.M (Osgoode), Ad E; of the Bars of Quebec and Ontario; Senior General Counsel, Constitutional, Administrative and International Law Section, Department of Justice of Canada. The views expressed in this chapter do not bind the Department. 1 Albert Venn Dicey, Introduction to the Study of the Law of the Constitution, 10th ed. -
Bureaucracy and Law a Study of Chinese Criminal Courts and Social Media
BUREAUCRACY AND LAW A STUDY OF CHINESE CRIMINAL COURTS AND SOCIAL MEDIA A dissertation presented by Yu Zhang to The School of Criminology and Criminal Justice In partial fulfillment of the requirements for the degree of Doctor of Philosophy in the field of Criminology and Criminal Justice Northeastern University Boston, Massachusetts August, 2014 1 BUREAUCRACY AND LAW A STUDY OF CHINESE CRIMINAL COURTS AND SOCIAL MEDIA by Yu Zhang ABSTRACT OF DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Criminology and Justice Policy in the College of Social Sciences and Humanities of Northeastern University August, 2014 2 Abstract Born in a firmly-rooted bureaucratic society, Chinese judiciary has never gained the opportunity to build its own identity. Concurrently, Chinese people, immersed in a bureaucratic culture, always pin their dream of justice on a powerful bureaucracy rather on a weak judiciary. The current study discusses the thousands years of Chinese history and the significant impact of bureaucracy on Chinese society and courts, and then look into the potential change in a global era revolutionized with technology and internet. A story-telling mode is used to analyze eleven important criminal cases to disclose the operations of criminal courts in China. Large amount of social media data are presented to showcase the dynamic legal community and online activism. We do not know exactly the impact of government monitoring of the social media and it is an open question. Chinese online legal activism derives its methods and vitality from multiple and intersecting forces, including the particular internet transmitting formats, actual contemporary protest forms, incipient public space promotion. -
Preserving a Fair, Impartial and Independent Judiciary
Preserving a Fair, Impartial and Independent Judiciary A white paper prepared by the Judicial Independence Committee of the American Board of Trial Advocates Inside: 3 Introduction 4 Historical Background 7 Jury Trials and Judicial Independence 8 Political Interference and Intimidation 2001 Bryan St., Suite 3000 10 The Skyrocketing Costs of Judicial Elections Dallas, Texas 75201 14 Judicial Independence Maintained Through Adequate Funding www.abota.org 15 White Paper Conclusion Founded in 1958, ABOTA is a national association of experienced trial lawyers and judges. ABOTA and its members are dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. The Foundation of ABOTA is an affiliated charitable entity, the mission of which is to support the purposes of ABOTA through education and research. ABOTA membership consists of more than 7,000 lawyers and judges spread among 97 Chapters in all 50 States and the District of Columbia. ABOTA publishes VOIR DIRE magazine, which features in-depth articles on current and historical issues related to constitutional rights, in particular the Seventh Amendment right to trial by jury. ©2013 by the American Board of Trial Advocates 2001 Bryan St., Suite 3000, Dallas, Texas 75201 All rights reserved. No part of this product may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without the express written permission of ABOTA unless such copying is expressly permitted by federal copyright law. 2 Produced in the United States of America Preserving a Fair, Impartial and Independent Judiciary Introduction eginning with the Declaration of Independence and culminating in the Constitution and Bill of Rights, the Founders of our nation adhered to a steadfast dedication to the rule of law. -
Separation of Powers and Independence of Constitutional Courts and Equivalent Bodies” Rio De Janeiro, 16-18 January 2011
2nd Congress of the World Conference on Constitutional Justice “Separation of Powers and Independence of Constitutional Courts and Equivalent Bodies” Rio de Janeiro, 16-18 January 2011 "Separation of Powers and Independence of the Constitutional Court of the Republic of Latvia" Laila Jurcena Adviser to the President of the Constitutional Court of the Republic of Latvia [1] Role of the Principle of Separation of Powers in Independence of the Court and the Judges. The Latvian View. The principle of separation of powers plays a substantial role in a democratic state because it not only restricts discretion of the state power but also facilitates ensuring rights and freedoms of persons. This principle functions as a balance between branches of power by giving a possibility to one branch of power to restrict other branches of power in accordance with the authority conferred by the Constitution. Regardless the precise definition of authority of each branch of power established in the Constitution, a democratic state cannot be imagined without an institution that exercises constitutional review disregarding the fact whether it belongs to the judicial power or does not fall under the system of division of power. According to Article 85 of the Constitution of the Republic of Latvia, this function in Latvia is exercised by the Constitutional Court, an institution belonging to the judicial power. The Constitutional Court can exercise constitutional review, namely, it can carry out its function of safeguarding the respect for the constitution and protecting human rights if it is genuinely independent from branches of power and institutions, the activates of which it controls. -
Council Front Matter
The Melkite Church at the Council Discourses and Memoranda of Patriarch Maximos IV and of the Hierarchs of His Church at the Second Vatican Council Introduction by Archimandrite Robert F. Taft Table of Contents Introduction Preface Chapter 1 – Preparation for the Council A. At the stage of the Ante-preparatory Commission Note on Reconciliation with the Orthodox Questions to be Submitted to the Council Calling upon Non-Roman Collaborators B. At the Stage of the Preparatory Commissions For a Permanent Roman Organization on Ecumenical Matters The Language of the Council Organization and Internal Regulation of the Council Invitation of Non-Catholics to the Council Remarks concerning a New Formula for the Profession of Faith C. Patriarchal Letter on the Eve of the Council Chapter 2 – Divine Revelation Sources of Revelation The Absence of Eastern Theology Growth and Progress of the Living Tradition in the Church Scripture and Tradition in the Eastern Perspective Chapter 3 – The Liturgy Various Aspects of Liturgical Reform For the Use of Living Languages in the Liturgy Concelebration and Communion under Both Species Setting the Date for Pascha Chapter 4 – The Mystery of the Church The Unilateral Aspect of Roman Ecclesiology The Absence of Eastern Theology The Church and the Churches The Call to Holiness in the Church Mary and the Church Chapter 5 – The Constitution on the Church Priority for the Question of the Episcopate Episcopal Collegiality The Pope and the Origin of the Bishops' Powers The Divine Constitution of the Church Five Declarations