General Principles of Law - The Role of the Judiciary

Pineschi, Laura

doi:10.1007/978-3-319-19180-5

Cited by 5 publications

(1 citation statement)

References 28 publications

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“…238-270;Gribnau, 2002, pp. 25-45;Pineschi, 2015;Peter, et al 2000). Within the framework of this work, the research attention is devoted to the comparative analysis of the norms of the constitutions of Eastern Europe in order to identify the principles of judicial power enshrined in special sections on human and civil rights and freedoms (the texts of the constitutions are taken from the database of the Internet library "constitutions of States (countries) of the world").…”

Section: Introductionmentioning

confidence: 99%

Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe

Markhgeym

Mikhaleva

Novikova

et al. 2019

HSSR

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Purpose: The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citizen. Methodology: The study was based on the dialectical approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among the latter are formal legal, legal linguistics, comparative-legal, which were collectively used to identify the principles of the judiciary. Result: As a result, the author substantiates the framework constitutional approach of conjugation in the formalization of subjective rights with their guarantees of implementation by the judiciary on the basis of the principles established for them. Among the latest principles are the following: independent and unbiased court, universal and procedural equality in judicial; presumption of innocence; publicity of court proceeding and pronouncement of a verdict. The studied constitutional provisions also reveal other principles of the judiciary, which were solitary instances of the claimed combination with subjective rights, but did not receive a consistent mass distribution. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of the Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe is presented in a comprehensive and complete manner.

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Section: Introductionmentioning

confidence: 99%

Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe

Markhgeym

Mikhaleva

Novikova

et al. 2019

HSSR

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Introduction to the World of International Law

Heidemann

2024

Springer Textbooks in Law

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Standard Constitutional Catalog of Principles of Judicial Authority in the Cis Countries

Treskov

Aristov

Novikova

et al. 2019

HSSR

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Purpose of Study: The present paper presents the results of a comparative legal analysis of constitutions of the CIS-member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial power. There is a lack of unity in the institutional and procedural aspects of the considered fundamental ideas together with a unified approach to the formation of a principles catalog for the judiciary in the focus group of constitutions. Methodology: The present study was based on a rational approach to the disclosure of legal phenomena and processes, using general (system, logical, analysis and synthesis) scientific and private scientific methods. Among the latter are the formal legal, linguistic legal, comparative legal, collectively used to identify the judiciary principles. Results: The identified standard list of constitutional principles of the judiciary in the CIS countries is presented. It includes the justice administration only by the court, organization legality and judiciary activities, prohibition of creation of emergency courts, independence, interaction, inadmissibility of interference with judiciary implementation, openness, competitiveness and equality of the parties, the state language of legal proceedings, cooperation and unity of procedure, court decisions, and state funding of courts Implications/Applications: The comparative legal analysis, with a unified approach to the formation of the list of principles of the judiciary in the focus group of Constitutions, the lack of unity in institutional and procedural aspects of the fundamental ideas can be still stated. We believe that this discrepancy mediates the integration of the considered principles in the judiciary’s framework.

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General Principles of Law - The Role of the Judiciary

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Cited by 5 publications

References 28 publications

Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe

Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe

Introduction to the World of International Law

Standard Constitutional Catalog of Principles of Judicial Authority in the Cis Countries

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