The courts have not been an exception to the trend of increasing technologization of the public sector and have for a number of years invested in digital uplift projects. Beyond the routine use of technology, many jurisdictions are considering the introduction of more sophisticated applications to automate elements of, or even entirely replace, humans in judicial decision-making processes. Many are asking whether machine learning and other AI applications should assists judiciary in decision-making, and how that might correspondingly transform the role of judges. In this paper, we ask how new uses of technology might, impact judicial values and judges’ own sense of themselves, and even transform the judicial role in contemporary societies. We do this through a focused examination of core judicial values, namely transparency and accountability, independence, impartiality, diversity, and efficiency; and how they may be either supported or undermined by increasing technologization.
Th paper covers the problems faced in Malta where the Constitutional Court has decided that a judgement on the validity of alws is only binding intra partes and not erga omnes. This declaration is linked with the requirement of juridical interest or legal standing required by Maltese jurisprudence to file a constitutional case. Only those having e a juridical interest in a case on the validity of laws are bound by an eventual judgment on such case.
States embracing Islam-based laws are frequently seen as struggling with establishing democratic institutions, and encouraging executive encroachment on the judiciary. Public in these countries often does not trust state institutions. lack of rule of law further exacerbates citizens’ distrust in public law. Is Islam-based legal language in a domestic legal system associated with lower levels of electoral democracy, fewer protections for private liberties, and a weak judiciary. Relying on original data covering laws in 29 Islamic law states (2001-2012), we focus on Islam-based legal language in these states’ constitutional and subconstitutional laws. By itself, Islam-based legal language is not associated with a weak judiciary or the absence of political liberties. However, subconstitutional—particularly legislative—commitments to Islam-based legal language are frequently associated with lower levels of democracy and fewer protections for private liberties and women’s rights.
Constitutional Jurisdiction may have a great impact on various fields. In economics matters, for example, the Court might, based on constitutional norms, invalidate governmental acts, interfering in the economic dynamic of a country. As economy plays a major role within a society and its political system, it becomes fundamental to understand the aspects able to interfere on it and, being Constitutional Jurisdiction one of them, it is crucial to study their relation.
Therefore, the aim of this paper is to analyze the case law of the Supreme Court of the United States and of the Brazilian Federal Supreme Court regarding the application of constitutional economics principles — such as Free Market and Free Enterprise. This paper seeks to analyze what both Courts understand about how the government should behave when regulating economy, the economic principles that they are inclined to apply, as well as the meaning given to them and, finally, to compare the results found from both Courts.
Sometimes, solving sensitive issues and reconciling national and international commitments is a difficult task. Moreover when the preservation of trust internationally involves measures that do not benefit from a trust capital internally. In Romania, a typical situation in this sense refers to the issue of detention conditions.
Thus, in a social and political climate dominated by distrust towards the criminal policy measures envisaged, as well as dissatisfaction with the compensatory measures adopted, the next steps seem to be difficult. However, extreme legislative measures aimed at responding to internal dissatisfaction, such as the recent repeal of the law regarding the compensatory measures, somewhat populist in the electoral context, affects the trust internationally.
The study is intended as an invitation to debate. In our opinion, solving the issue of detention conditions in Romania is fundamentally related to the trust towards authorities.
This paper argues that private actors in the digital environment are displacing and re-articulating public, normative standards through their contractual terms and practical operation. The paper contextualises this trend as part of the ideological legacy of the historical development of the web but argues that it has been specifically enabled by three features of EU law. These are 1) an approach of functional equivalence to laws governing the digital environment, and the actors within it 2) the EU’s neoliberal policy preferences which manifest in a tendency towards the enumeration of economic rather than socially orientated legislative rights protections and 3) the Unions ‘brittle constitutionalism.’ The result of these features and the rise in private standard setting and rights enforcement they generate is an erosion of individual fundamental rights, in particular the rights to privacy and property, which in turn import reductions in individual autonomy and the Rule of Law.
This research has as its goal the study of the Amendment Proposal of the Constitution (PEC – initials in Portuguese) n. 80/2019, from a threatening perspective to the constitutional norm of the social function of property, in the case of its discussing and approval. It is subdivided into two parts. While the first one is dedicated to a study that involves some concepts of property and social function, as well as a specific Brazilian constitutional historical evolution of the social function of property, the second part of the research gives already a growing thematic funneling into PEC 80/2019, its norms, formal motivations and, conclusevely, critical questions. Deductive methodology, under analytical theoretical line, using mainly legislative and doctrinal sources, focuses on the social function of property as a legal principle and on the validity, the term, effectiveness and efficiency of PEC 80/2019 and its possible transformation as an amendment to the 1988 Brazilian Constitution.
This study aims to address the trends of judicial review of legislation, in view of contemporary issues of Constitutional Law. The scientifical investigation is geared to detect the shared practices by the constitutional courts, meanwhile it establishes the points of divergence between those courts. In fact, the work focuses on the area of concentration of the judicial review in democratic legal systems and, more particularly, in the line of research on the globalization of the constitutional decision-making process. The research is organized into five chapters, each of them discussing the mentioned trends, such as the rational justification for the internationalization of the decision fundamentals. The most important results will undoubtedly be related to the role of contemporary judicial review of legislation in safeguarding democracy, protecting and promoting civil rights.
Since 1999 and debut of the 4th Republic, the Judiciary has played considerably roles in the determination of who governs. In the discharge of this constitutional duty, there has been distrust of the judiciary and this is easily situated within the concept of justice with its slants. This is compounded by the dominant Machiavellian doctrine.The political class is pitching the citizens against the judex on its decisions. This paper intends to do a critical analysis of judging, justice and the constitutional role of the judiciary in Nigeria in the determination of electoral victories.The analysis will identify the sociology of the decisions and effects on the electorates. Judiciary’s understanding of political questions doctrine and how the judex has navigated same will be addressed. Deconstruction of the narrative and the perception of distrust of the judex by the citizenry by appropriately pigeon hole the distrust with the political class. The paper will come up with recommendations.
This study analyzes the role of the cabinet under Article 65 of the Japanese constitution. In general, three constitutional studies have defined the administrative power.
The prevailing view defines the role of the cabinet by excluding legislative and judicial power. The second approach defines it more positively as an actual, continuous function designed to achieve an overarching national purpose. The third one focuses on the leading role of the cabinet in forming public policies, defining it as part of the “executive” branch.
The current cabinet has been in place since 2012, from just after the Great East Japan Earthquake of 2011. The Abe government represents the longest-serving cabinet in Japanese constitutional history, causing the legislative branch to lose its purpose of forming basic national policies.
This study examines the definitions of administrative power in the text regarding the cabinet in the Japanese constitution.