Search results for "Court"
showing 10 items of 472 documents
The Court of Auditors in the Kingdom of Sicily
2012
The paper investigates the history of a major Sicilian institution in Accounting: the local Court of Auditors. This began to work in a very early period, the XIII century, under the Swabian dynasty in the most glorious period of the old Kingdom of Sicily, when the modern European state was beginning to take root. The public audit for accounting, after, flew parallel to the events of local parliamentary institutions. The paper then focuses on two main arguments. The former is the history of this court in itself, its rise in power when Sicily evolved in a constitutional monarchy, its life gaced with the baronial biases and arrogance under the weak government of viceroys, and finally its decli…
FAMILY LAW, RELIGIOUS MARRIAGE AND SHARIA COURTS IN WESTERN SOCIETIES. ONE COMPARATIVE INSIGHT ON THE ENGLISH MODEL
2017
Liberal versions of multiculturalism suggest the need to adopt legal solutions to the recognition and support of minority groups, thus the recognition of cultural or collective rights, which must meet though certain limitations and precautions to protect the freedom of individuals within groups. On the judicial level, this may mean that the courts, in applying the law, take into account foreign standards, as well as principles and rules of its domestic law to assemble a third concrete norm, new with respect to the rules and principles of the systems considered. In this study the issues outlined so far will be addressed by analysing, in short, the role and influence of the Sharia Courts and …
Honesty of agonistic signalling and effects of size and motivation asymmetry in contests
1999
Game theoretical models predict that the main function of fighting behaviour is to assess the relative fighting ability of opponents. The sequential assessment game has often been used to investigate contests, while honest signalling theory has received much less attention. With the wolf spider Hygrolycosa rubrofasciata we investigated whether male agonistic signalling can reveal honest information about fighting ability, and how size and motivation asymmetries affect male fighting behaviour. We also determined whether male–male competition affects the courtship behaviour of the males. We found that agonistic drumming activity is an honest indicator of male fighting ability, and that relati…
Characteristics of young offenders depending on the type of crime
2015
The aim of this study is to define a profile of juvenile offenders depending on the type of crime (against property or against persons), according to several socio-demographic variables, and a number of indicators of juvenile risk. Participants were 395 adolescents between the ages of 14 and 18 with a criminal record in the juvenile court over a two-year follow-up period. Results showed that in property-related offences the offender is more likely to be male, from an Eastern European country, and with inconsistent parenting. On the other hand, crimes against persons would be committed mostly by girls, Latin American or African juveniles, and with individual factors such as aggressive behavi…
La prestación de maternidad en los supuestos de gestación subrogada
2018
Surrogate pregnancy, as a technique of assisted reproduction prohibited by Spanish law, raises a number of legal questions than, in certain cases, trascend of the Civil Law. Specifically, it has been discussed about de possibility that de person or persons consigner in the gestation contract substitution have access to the provision for maternity benefit. Recently, the Spanish Supreme Court has responded to this issue in the sense of recognizing the right to the provision for maternity benefit to the father or mother ?in fact?, efecttively, develop own parental powers.
La internacionalización de la Carta Magna española de 1978: signo de madurez constitucional
2018
Resumen:La presente contribución adopta como hipótesis de partida la relativa influencia de los estándares internacionales en la redacción de la Constitución de 1978 y la absoluta necesidad de adaptación a la realidad del Estado supranacional e internacionalmente integrado. En este sentido, un primer enfoque permite comprobar que, a pesar del juego potencial de las disposiciones constitucionales de apertura internacional, y tras cuatro décadas de vigencia de la Carta Magna Española de 1978, la justicia constitucional y la doctrina constitucionalista no han mostrado una actitud clara y abierta hacia las exigencias jurídicas internacionales, con la excepción de un relativo entusiasmo hacia lo…
The European Court of Human Rights (ECtHR) vis-à-vis amnesties and pardons : factors concerning or affecting the degree of ECtHR’s deference to states
2022
States have adopted amnesties/pardons concerning serious human rights violations to transition from crises, dictatorships, or conflicts worldwide, including Europe. Although the ECtHR has yet to review amnesties/pardons directly, it has increasingly decided on the effects of amnesties/pardons on the rights of individuals. Thus, the main research question herein is to identify which factors may determine whether and to what extent the ECtHR defers to states regarding amnesties/pardons in cases of serious human rights violations, namely, factors concerning or affecting the degree of ECtHR’s deference to states in these cases. Based on ECtHR’s jurisprudence on amnesties/pardons, this article a…
Victims and appeals at the International Criminal Court (ICC) : evaluation under international human rights standards
2021
Scholars have examined victim participation and reparations at the ICC. Nevertheless, no academic study focuses on victim participants and victims as parties (reparations claimants) in ICC appeals under international human rights law (IHRL) standards. This article seeks to: determine how victims’ roles as victim participants and parties (reparations claimants) take place in ICC appeals; and evaluate ICC’s law/practice on victims’ procedural roles/rights in appeals under IHRL. Victims at the ICC exercise procedural rights to: voice their views and concerns in appeals against final and interlocutory decisions (victim participants); and appeal reparations orders (parties). ICC’s law/practice o…
El enaltecimiento del terrorismo: desde el caso de Juana Chaos a César Strawberry. La recepción de la doctrina constitucional en la jurisprudencia de…
2020
The paper deals with the impact of the first ruling of the Constitutional Court on glorification of terrorism (112/2016) in the interpretation of this offence by the Supreme Court, which demands hermeneutically requirements absent from the literality of art. 578 of the Criminal Code and that the Constitutional Court required in its previous case law on hate speech, recently reiterated in the ruling 35/2020 of the Constitutional Court. Firstly, the text addresses the initial description of the elements of this criminal figure by the Supreme Court and its characterization as public defence without incitement, as opposed to the definition of the crime of public provocation to terrorism in the …
Victims at the Central African Republic's Special Criminal Court
2021
The Central African Republic's Special Criminal Court (SCC), the latest hybrid criminal tribunal, may be considered an important legal development concerning victims of mass atrocities in international criminal justice mechanisms due to certain characteristics. Yet there is no academic commentary on victims at the SCC; this piece seeks to fill the gap. First it considers restorative justice as a general framework for victims’ roles and rights in criminal justice in contexts of mass atrocities. Second, victim matters at the SCC are examined: victim protection, victims as civil parties, and reparations. Overall, this paper argues that provisions on victims’ roles and rights contained in SCC i…