Search results for "JUDICIAL"
showing 10 items of 199 documents
L'ordinamento giudiziario. Ciclo di seminari (Palermo, marzo-maggio, 2018)
2019
The collected contributions constitute the backbone of a series of seminars on the “Judiciary rules”, which took place in the spring of 2018 in the context of the master's degree course in Law of the University of Palermo. The volume aims to offer the trainee lawyer a closer look at a profile not always investigated of the jurisdictional activity: that of the constitution and functioning of the offices of the ordinary judiciary. Even in their unity, the issues addressed can ideally be divided into two thematic areas: the first aims to provide a general view of the system; the second is dedicated to the analysis of specialized sections and the honorary judiciary. In the appendix, the feature…
The independence of the judiciary within a European context
2005
The author considers the need to safeguard judicial independence at both national and European levels. Article by Professor Mario Serio (Professor of Comparative Law, University of Palermo, Italy) published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
State Capacity, Legal Design and the Venality of Judicial Offices
2020
We develop a model of venal judicial offices, i.e., sales of public positions in the judicial sector, which were used extensively in France (and many other European countries) during the 17th and 18th centuries, and which led to vastly improved French State capacity despite limited opportunities to raise taxes and to borrow. In this model, venality provides financial resources for the ruler, at the cost of less control over judicial decisions. We rely on this model to provide an analytic narrative of the rise and the decline of venality in Old Regime France.
Resisting Market Disorder and Ensuring Public Trust: Reimagining National Registers for Legal Interpreters in the United States and the European Union
2015
This article aims to describe the current state of affairs as regards national registers of legal interpreters and translators (LITs) in the United States and the European Union. After a brief overview of what translation and interpreting studies researchers and EU project participants recommend about their construction and utilization, a case will be made for the use of national registers as essential tools in two important struggles: professionalizing legal translation and interpreting and building public trust. Based on current models and recommendations by researchers, a proposal will be put forth for minimum characteristics of a national register of LITs. Rather than an afterthought, t…
Strategies for Progress: Looking for Firm Ground
2015
Over the last thirty years, there have been various and increasing efforts made to establish effective and consistent public service interpreting and translation. Good progress has been made but there are impasses. This paper attempts to stand back and look objectively at where, and more importantly how, we might proceed from here. This could be said to be a turning point for legal interpreting for two reasons. Firstly, enough time has elapsed for us to copy our scientific colleagues, who view the process of exploring and eliminating unsatisfactory approaches overtly, so that what does not work is recognised and discarded. Secondly, this process of exploration has enabled us to clarify and …
La interpretación judicial en España en un momento de cambio.
2015
The publication in the European Union of Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings has been a turning point in a great number of aspects related to court and police interpretation. The main objective of the Directive is to ensure quality legal interpretation throughout the process, as part of the right to defense and to a fair trial. Spain, as a Member State of the EU, has the obligation to transpose this European Directive into its domestic law. Therefore, this is a historic moment in which two main factors converge: the need to change the legislation to bring it in line with …
The use of comparative law by the judiciary in Macao
2013
The article examines to which extent judges in Macau resort to comparative analysis for their judgements.
DERECHOS, ESCEPTICISMO Y MAYORITARISMO: UN TRIÁNGULO IMPOSIBLE. UNA CRÍTICA A LA TEORÍA DE LA LEGITIMIDAD POLÍTICA DE JEREMY WALDRON
2019
El trabajo reconstruye y analiza críticamente la respuesta de Jeremy Waldron a importantes problemas sobre política y derecho, justicia y autoridad. Waldron reivindica al mismo tiempo una tesis no escéptica sobre la existencia los derechos morales-políticos, una tesis escéptica sobre la existencia de procedimientos epistémicos superiores para identificarlos, y una tesis positiva sobre la legitimidad política (mayoritarismo participativo). El trabajo argumenta que su respuesta solo resulta consistente si se añade un cuarto vértice: el presupuesto de “igualdad de agencia y capacidad epistémica” en los portadores de derechos. Pero su introducción requiere abandonar y redefinir dos de los otros…
JUDGE IMPARTIALITY IN COMPREHENSIVE JUDICIAL DEVELOPMENT
2012
General human rights instruments guarantee the right to a fair trial before independent and impartial court. International and national legislation explicitly provides that the court should be impartial. But how can we understand that the court is impartial? Should there be an objective decision or should there be impartial decision-making process? Nowadays we often think about how it is possible to ensure judicial impartiality. How an impartial court may exist in democratic society, and whether a society should have any criteria of judicial impartiality to ensure that the public trusts the courts and judges. The aim of the court’s decision is not only to achieve an equitable settlement of …
Quantitative parameters and ecological implications of a specialized tritrophic interaction involving a seed-feeding tortricid, Pseudargyrotoza conwa…
2014
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