The Fundamentals of Constitutional Courts
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Report for Austria– Questionnaire Related the Administration Control
ADMINISTRATIVE JUSTICE IN EUROPE – Report for Austria– Questionnaire related the administration control list and typology in the 25 Member States of the European Union Preliminary. 1. Administration jurisdictional control was one typical concern of the liberal streams in the 19th century. In Austria, “the Reichsgericht”, a precursor of the Constitutional Court, was created by the December 1867 constitution which also planned creation of a Supreme Administrative Court (hereafter “the Verwaltungsgerichtshof”). However, this project was only fulfilled in 1876. Following this, the Verwaltungsgerichtshof played a decisive role in developing the legal protection system in Austria, establishing fundamental principles for administrative procedural law. Between 1934 and 1938, the Constitutional Court and the Verwaltungsgerichtshof merged to become “the Bundesgerichtshof”. Several judges were retired for political reasons. The introductions of Chambers with extended composition and of actions for administrative failure to act were significant reforms. After 1938, “the Bundesgerichtshof” lost its authority as Constitutional Court as well as several of its administrative jurisdiction authorities. Several judges were retired for political reasons. In 1940 “the Bundesgerichtshof” became “the Verwaltungsgerichtshof in Vienna” which was an administrative authority of the Reich. In 1941, the Verwaltungsgerichtshof became the “Vienna Außensenat” of the “Reichsverwaltungsgericht” by forming an organisational association with other German administrative courts. A few weeks after the Austrian declaration of independence in 1945, Chancellor Renner commissioned Mr. Coreth to revive the Verwaltungsgerichtshof which took up its duties again on 7th December 1945. The legal text on the Verwaltungsgerichtshof was amended and reissued several times but, in substance, it is still in force today. In 1945, the Constitutional Court was re-established with the same capacities as 1933 and it began carrying out its duties again in 1946. -
ONE the SUPREME COURT and the MAKING of PUBLIC POLICY in CONTEMPORARY CHINA Eric C. Ip
ONE THE SUPREME COURT AND THE MAKING OF PUBLIC POLICY IN CONTEMPORARY CHINA Eric C. Ip Post-Mao China saw profound social, economic and legal changes. This paper analyzes an often neglected aspect of these transformations: the evolution of the Supreme People’s Court (SPC) into an increasingly influential political actor in national law and policy-making. The SPC has self-consciously redefined its mandate to manage state-sponsored legal reforms by performing an expansive range of new functions such as issuing abstract rules, tightening control over lower courts and crafting out a constitutional jurisprudence of its own at the expense of other powerful state actors. It is more assertive than ever its own vision of how law should develop in the contemporary People’s Republic of China (PRC)SPC action can be broadly consistent with the Chinese Communist Party (CCP) interests, autonomous and expansive at the same time. However, the SPC’s reform initiatives are inevitably constrained by the vested interests of major bureaucratic players as well as the Party’s insistence on maintaining the Court as an integral administrative agency of its public security system. Eric C. Ip is working towards a doctorate at Oxford University's Centre for Socio- Legal Studies. A student of the political science subfields of comparative constitutional design and judicial politics, he earned his undergraduate degree in Government and Laws from The University of Hong Kong, and an LL.M. (distinction) degree from King's College, University of London. He is an Academic Tutor in Law and Politics at St. John's College, The University of Hong Kong; an Academic Fellow at The Institute of Law, Economics, and Politics; and a member of the American Political Science Association and the British Institute of International and Comparative Law. -
Preserving the Record
Chapter Seven: Preserving the Record Edward G. O’Connor, Esquire Patrick R. Kingsley, Esquire Echert Seamans Cherin & Mellot Pittsburgh PRESERVING THE RECORD I. THE IMPORTANCE OF PRESERVING THE RECORD. Evidentiary rulings are seldom the basis for a reversal on appeal. Appellate courts are reluctant to reverse because of an error in admitting or excluding evidence, and sometimes actively search for a way to hold that a claim of error in an evidence ruling is barred. R. Keeton, Trial Tactics and Methods, 191 (1973). It is important, therefore, to preserve the record in the trial court to avoid giving the Appellate Court the opportunity to ignore your claim of error merely because of a technicality. II. PRESERVING THE RECORD WHERE THE TRIAL COURT HAS LET IN YOUR OPPONENT’S EVIDENCE. A. The Need to Object: 1. Preserving the Issue for Appeal. A failure to object to the admission of evidence ordinarily constitutes a waiver of the right to object to the admissibility or use of that evidence. Taylor v. Celotex Corp., 393 Pa. Super. 566, 574 A.2d 1084 (1990). If there is no objection, the court is not obligated to exclude improper evidence being offered. Errors in admitting evidence at trial are usually waived on appeal unless a proper, timely objection was made during the trial. Commonwealth v. Collins, 492 Pa. 405, 424 A.2d 1254 (1981). The rules of appellate procedure are meant to afford the trial judge an opportunity to correct any mistakes that have been made before these mistakes can be a basis of appeal. A litigator will not be allowed to ambush the trial judge by remaining silent at trial and voice an objection to the Appellate Court only after an unfavorable verdict or judgment is reached. -
Elements of Sociology of the Supreme People's Court
Paper presented at the Conference ”Constitutionalism and Judicial Power in China” (December 12-13 2005, Sciences Po) HIGH TURNOVER AND LOW REPUTATION? ELEMENTS OF SOCIOLOGY OF THE SUPREME PEOPLE’S COURT GRAND JUSTICES (Summary) Hou Meng Department of Sociology, Beijing University This presentation about the Supreme People’s Court (SPC) Grand Justices of the PRC consists of two papers. The first one discusses the high turnover of Grand Justices and the underlying reasons, while the second focuses on the reputation of Grand Justices. Actually, high turnover and low reputation have intrinsic connections. Leaving the Supreme People’s Court: the Turnover of SPC Grand Justices In recent years, SPC has applied judge’s professionalization to all the Courts of China so as to ensure the stabilization of judge group. On the contrary, three Grand Justices have left SPC since 2003. The first one is Zhu Mingsha, the Grand Justice of the first rank and Vice President of SPC, who left for the Committee for Internal and Judicial Affairs of Standing Committee of the National People's Congress (SCNPC) and took the position as its Vice President. The second one is Zhang Jun, the Grand Justice of the second rank, from the Vice President of SPC to Vice Minister of Justice (he came back to SPC in Aug, 2005). The third one is Jiang Bixin, the Grand Justice of the second rank, from the Vice President of SPC to the President of the Higher People’s Court of Hunan Province. What leads to the above inconsistent phenomena? Continual Turnover Leaving the Court is one type of judge turnover. -
Austria FULL Constitution
AUSTRIA THE FEDERAL CONSTITUTIONAL LAW OF 1920 as amended in 1929 as to Law No. 153/2004, December 30, 2004 Table of Contents CHAPTER I General Provisions European Union CHAPTER II Legislation of the Federation CHAPTER III Federal Execution CHAPTER IV Legislation and Execution by the Länder CHAPTER V Control of Accounts and Financial Management CHAPTER VI Constitutional and Administrative Guarantees CHAPTER VII The Office of the People’s Attorney ( Volksanwaltschaft ) CHAPTER VIII Final Provisions CHAPTER I General Provisions European Union A. General Provisions Article 1 Austria is a democratic republic. Its law emanates from the people. Article 2 (1) Austria is a Federal State. (2) The Federal State is constituted from independent Länder : Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna. Article 3 (1) The Federal territory comprises the territories ( Gebiete ) of the Federal Länder . (2) A change of the Federal territory, which is at the same time a change of a Land territory (Landesgebiet ), just as the change of a Land boundary inside the Federal territory, can—apart from peace treaties—take place only from harmonizing constitutional laws of the Federation (Bund ) and the Land , whose territory experiences change. Article 4 (1) The Federal territory forms a unitary currency, economic and customs area. (2) Internal customs borders ( Zwischenzollinien ) or other traffic restrictions may not be established within the Federation. Article 5 (1) The Federal Capital and the seat of the supreme bodies of the Federation is Vienna. (2) For the duration of extraordinary circumstances the Federal President, on the petition of the Federal Government, may move the seat of the supreme bodies of the Federation to another location in the Federal territory. -
Law, Liberty and the Rule of Law (In a Constitutional Democracy)
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2013 Law, Liberty and the Rule of Law (in a Constitutional Democracy) Imer Flores Georgetown Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 12-161 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1115 http://ssrn.com/abstract=2156455 Imer Flores, Law, Liberty and the Rule of Law (in a Constitutional Democracy), in LAW, LIBERTY, AND THE RULE OF LAW 77-101 (Imer B. Flores & Kenneth E. Himma eds., Springer Netherlands 2013) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Jurisprudence Commons, Legislation Commons, and the Rule of Law Commons Chapter6 Law, Liberty and the Rule of Law (in a Constitutional Democracy) lmer B. Flores Tse-Kung asked, saying "Is there one word which may serve as a rule of practice for all one's life?" K'ung1u-tzu said: "Is not reciprocity (i.e. 'shu') such a word? What you do not want done to yourself, do not ckJ to others." Confucius (2002, XV, 23, 225-226). 6.1 Introduction Taking the "rule of law" seriously implies readdressing and reassessing the claims that relate it to law and liberty, in general, and to a constitutional democracy, in particular. My argument is five-fold and has an addendum which intends to bridge the gap between Eastern and Western civilizations, -
I Am Coming to a Court Hearing, What Do I Need to Know?
Where will my hearing take place? When will the judge make a decision? ISLEISLE OFOF MANMAN The hearing may take place in any of the court- The judge will normally tell you what decision has COURTS OF JUSTICE rooms, which have equipment to record the pro- been reached when all the evidence has been given. ceedings. A written copy of the decision (an ‘order’) will be sent I am coming to a court hearing, to you after the hearing. The order will not set out what do I need to know? HCG07 The judge decides if the hearing will be held either: the reasons for the decision. The judge may tell you Claimant guidance in the Small Claims Procedure • in public – members of the public are allowed to do something, such as pay money to the other to be present at the hearing if there is sufficient party or begin preparing your evidence for trial, as room; or part of the decision. • in private – generally, only the people involved You should carry out the instructions when you are in the case (called the parties), their witnesses told to do so and not wait until the written order ar- and advocates can be present at the hearing. rives. What happens at the hearing? If the judge needs more time to reach a decision you The judge will normally want to hear first from the will be sent a notice telling you the time, date and claimant (the person who started the case, or place the decision will be given. This is called made the application) then the defendant (the per- ‘reserving judgment’. -
Presentation Greece En.Pdf
ASSOCIATION INTERNATIONALE DES HAUTES JURIDICTIONS ADMINISTRATIVES INTERNATIONAL ASSOCIATION OF SUPREME ADMINISTRATIVE JURISDICTIONS Presentation form Name of the Court: Council of State Name of the President/Chief Justice: Aikaterini Sakellaropoulou Address:47-49, Panepistimiou Av. Phone number : (+ 30) 2132102098 Fax: (+ 30) 2132102097 Website: www.adjustice.gr E-mail: [email protected] 1. NATIONAL JUDICIAL ORGANISATION 1.1. General presentation of the judicial organisation and position of the administrative jurisdictional order In Greece there is a distinction between the administrative courts on the one hand and the civil and criminal courts on the other (Article 93 (1) of the Constitution). The organisation of the two jurisdictional orders follows the classic pyramidal form in this matter: at the top of the civil and criminal jurisdictions is the Court of Cassation; then the courts of appeal and the courts of first instance; finally, at the base of the pyramid, justice of peace. At the head of the administrative jurisdiction is the Council of State; then the administrative courts of appeal and the administrative tribunals of first instance. The third supreme court, the Court of Audits knows, sovereignly, certain specific administrative disputes (listed in Article 98 of the Constitution). Disputes of attribution are settled by a Special Supreme Court (Article 100 of the Constitution). 1.2. Key dates in the evolution of the administrative jurisdictional order and the control of administrative acts The creation of administrative tribunals was provided for in Greece as early as 1833. The Court of Audits was first established as an administrative body competent in certain administrative disputes submitted to it. -
1 Different Models for Protection of Constitutionality, Legality And
Prof. Tanja Karakamisheva-Jovanovska, Ph.D 1 Different Models for Protection of Constitutionality, Legality and Independence of Constitutional Court of the Republic of Macedonia 1. About the different models of protection of constitutionality and legality The Constitutional Court is a separate body that serves as a watchdog of the constitution in a given country, and as a protector of the constitutionality, legality, and the citizens' freedoms and rights within the national legal system. From an organisational point of view, there are several models of constitutionality that can be determined, as follows: 1. American model based on the Marbery vs. Madison case (Marbery vs. Madison, 1803) , and, in accordance with the John Marshal doctrine, according to whom the constitutional issues are subject of interest and resolution of all courts that are under the scope of the regular judiciary (in an environment of decentralised, widespread of dispersed control procedure), and based on organisational procedure that is typical for the regular judiciary (incidenter). And while the American model with widespread system of protection of constitutionality gives the authority to all courts to assess the constitutionality of the laws, the European model concentrates all the power for the assessment of the constitutionality on one body. In Europe, there are number of countries that have accepted the American model, such as Denmark, Estonia, Ireland, Norway, Sweden, and in North America, besides the U.S., this model is also applied in Canada, as well as, on the African continent, in Botswana, Gambia, Ghana, Guinea, Kenya and other countries. 2 1 Associate Professor for Constitutional Law and Political System at the University "Sc. -
Constitutional Courts Versus Supreme Courts
SYMPOSIUM Constitutional courts versus supreme courts Lech Garlicki* Downloaded from https://academic.oup.com/icon/article/5/1/44/722508 by guest on 30 September 2021 Constitutional courts exist in most of the civil law countries of Westem Europe, and in almost all the new democracies in Eastem Europe; even France has developed its Conseil Constitutionnel into a genuine constitutional jurisdiction. While their emergence may be regarded as one of the most successful improvements on traditional European concepts of democracy and the rule of law, it has inevitably given rise to questions about the distribution of power at the supreme judicial level. As constitutional law has come to permeate the entire structure of the legal system, it has become impossible to maintain a fi rm delimitation between the functions of the constitutional court and those of ordinary courts. This article looks at various confl icts arising between the higher courts of Germany, Italy, Poland, and France, and concludes that, in both positive and negative lawmaking, certain tensions are bound to exist as a necessary component of centralized judicial review. 1 . The Kelsenian model: Parallel supreme jurisdictions 1.1 The model The centralized Kelsenian system of judicial review is built on two basic assu- mptions. It concentrates the power of constitutional review within a single judicial body, typically called a constitutional court, and it situates that court outside the traditional structure of the judicial branch. While this system emerged more than a century after the United States’ system of diffused review, it has developed — particularly in Europe — into a widely accepted version of constitutional protection and control. -
Constitutional Law of the United States, by Hugh Evander Willis
Indiana Law Journal Volume 12 Issue 4 Article 15 4-1937 Constitutional Law of the United States, by Hugh Evander Willis Glenn D. Peters Member, Hammond Bar Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons Recommended Citation Peters, Glenn D. (1937) "Constitutional Law of the United States, by Hugh Evander Willis," Indiana Law Journal: Vol. 12 : Iss. 4 , Article 15. Available at: https://www.repository.law.indiana.edu/ilj/vol12/iss4/15 This Book Review is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIAN. LAW JOURNAL BOOK REVIEW CONSTITUTIONAL LAW OF THE UNITED STATES, by Hugh Evander Willis. 1936. The Principia Press, Bloomington, Indiana. This reviewer has just finished a most interesting task, the critical reading of Dr. Willis' new book on the Constitutional Law of the United States. When one reads this book he is immediately struck with the tremendous amount of intelligent labor that has been bestowed upon it. Not only does the book evince h careful and critical study of hundreds of authorities, both State and Federal, but it also indicates a most careful analysis of political science, philosophy and psychology. Dr. Willis' approach to the subject of the Constitution is most enlightening. Having due regard to Mr. Justice Hughes' holding that the Constitution is what the judges say it is, Dr. -
The Adjudication Hearing
Chapter 8 The Adjudicatory Hearing Summary of Contents This chapter explores the requirements for “informal but orderly” adjudicatory hearings under the Juvenile Act. • § 8-1. The Adjudicatory Hearing in General • § 8-2. Best Practices • § 8-3. Timing of Hearings • § 8-4. General Conduct of Hearings • § 8-5. Hearings Conducted by Juvenile Court Hearing Officers • § 8-6. Public Attendance at Hearings • § 8-7. Hearing Procedures • § 8-8. Admissions • § 8-9. Consent Decrees • § 8-10. Trauma-Informed Court Process and Procedures • § 8-11. Ensuring the Rights of Victims • § 8-12. Accommodating Young Witnesses Key Statutes • 42 Pa.C.S.§6302 (definitions) “Assessment” “Screening” “Sexual violence” • 42 Pa.C.S. §6310 (parental participation) • 42 Pa.C.S. §6335 (release or holding of hearing) • 42 Pa.C.S. §6336 (conduct of hearing) • 42 Pa.C.S. §6336.2 (use of restraints on children during court proceedings) • 42 Pa.C.S. §6337.1 (right to counsel for children in dependency and delinquency proceedings) • 42 Pa.C.S. §6338 (other basic rights) • 42 Pa.C.S. §6339 (investigation and report) • 42 Pa.C.S. §6340 (consent decree) 8.1 • 42 Pa.C.S. §6341 (adjudication) • 18 P.S. §11.201 (victim attendance rights) Rules1 • Rule 120, Pa.R.J.C.P. (definitions) “Advanced Communication Technology” “Destroy or Destruction” “Expunge or Expungement” • Rule 122, Pa.R.J.C.P. (continuances) • Rule 127, Pa.R.J.C.P. (recording of hearings) • Rule 128, Pa.R.J.C.P. (presence at proceedings) • Rule 129, Pa.R.J.C.P. (appearance by advanced communication technology) • Rule 131, Pa.R.J.C.P.