judiciary

  • Ombudsman Institutions and the Judiciary in Sweden and Finland

    Author: Piotr Mikuli
    E-mail: p.mikuli@uj.edu.pl
    Institution: Jagiellonian University in Cracow
    Year of publication: 2017
    Source: Show
    Pages: 37-48
    DOI Address: https://doi.org/10.15804/ppk.2017.06.02
    PDF: ppk/40/ppk4002.pdf

    The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

  • Between independence and political subordination. A brief outline of the constitutional history of the judiciary in Poland in the years 1918–2018

    Author: Wojciech Mojski
    E-mail: wojciech.mojski@poczta.umcs.lublin.pl
    Institution: The Department of Constitutional Law of the Faculty of Law and Administration of Maria Curie-Skłodowska University in Lublin
    ORCID: https://orcid.org/0000-0002-4802-3346
    Year of publication: 2018
    Source: Show
    Pages: 167-175
    DOI Address: https://doi.org/10.15804/ppk.2018.06.14
    PDF: ppk/46/ppk4614.pdf

    On November 11, 2018, 100 years have passed since Poland regained its independence. This period, however, was not entirely the period of the peaceful development of a fully independent state, but a relatively short period of freedom (1918–1939) was interrupted by German occupation during World War II, and then by limited sovereignty and subjection to the Soviet Union in the years 1944–1989. It was not until 1989 that Poland entered again the path of political change that led to the democratization of social and political life and to the adoption in 1997 of the democratic Constitution that is still in force today. This difficult time is in line with the equally difficult history of the Polish judiciary, with the changing constitutional foundations of its organization and sometimes dramatic practice of its functioning. The aim of this study is to synthetically outline these issues, including the basic Polish constitutional norms of 1918– 2018 regarding the judiciary and a brief description of their impact on the functioning of Polish judicial authorities.

  • DELIKTY PROTI ŽIVOTU V PROVINCII XIII SPIŠSKÝCH MIEST V DRUHEJ POLOVICI 16. STOROČIA A V PRVEJ POLOVICI 17. STOROČIA

    Author: MICHAELA KURINOVSKÁ
    Year of publication: 2016
    Source: Show
    Pages: 181-198
    DOI Address: https://doi.org/10.15804/hso160208
    PDF: hso/11/hso1108.pdf

    This paper deals with delicts against human life (more specifically, newborn child murder by mother, killing in self-defence and accidental killing, premeditated homicide and manslaughter) in Province of XIII scepus towns, which were recorded in the protocols of central administration of Province of XIII scepus towns together with others records related to the administration of the province. Time limits of the issue are years 1550 and 1650.

  • Mediation in Civil Matters and the Justice System - Constitutional Issues

    Author: Magdalena Skibińska
    E-mail: m.skibinska@uz.zgora.pl
    Institution: University of Zielona Góra
    ORCID: https://orcid.org/0000-0003-1676-1157
    Year of publication: 2020
    Source: Show
    Pages: 139-151
    DOI Address: https://doi.org/10.15804/ppk.2020.05.10
    PDF: ppk/57/ppk5710.pdf

    The main purpose of the article is to determine the mutual relations between mediation and court proceedings, as well as to answer the question whether mediation services provided by out-of-court entities should be considered as a part of the justice system and fulfill the constitutional right to court. The conducted research leads to the conclusion that both the judiciary and mediation should be considered as complementary methods of dispute resolution, although the first of them is granted primacy under the Polish Constitution i.a. due to the fact that mediation settlements are subject to court approval and not all types of disputes can be resolved bindingly in mediation. Mediation does not belong sensu sticto to the definition of the judiciary and does not fulfill the right to justice but may be included in a broad understanding of the judiciary and therefore its existence according to current regulations does not violate the position and rules of functioning of the judicial system. However, this situation can easily change, if the mandatory mediation planned by the legislator in divorce and legal separation cases comes into force.

  • Development of Justice and Transformation of Judicial Authorities in Slovakia after 1989

    Author: Branislav Bujňák
    E-mail: brano.bujnak@gmail.com
    ORCID: https://orcid.org/0000-0002-0662-7221
    Year of publication: 2020
    Source: Show
    Pages: 431-442
    DOI Address: https://doi.org/10.15804/ppk.2020.05.32
    PDF: ppk/57/ppk5732.pdf

    In this article, the author tries to point out the problems of the legal system and democratic society after 1989 in the condition of Slovak Republic and ultimately almost in all the countries of post-Communist period. The aim of this work is to point out the development of justice and judicial authorities in Slovakia since 1989 and its current state. The result should be the naming of all elements influencing the judiciary, decision-making activity of court in the context of the directive and the rules of the European Community. The next point is the description of the independence and connection of the judiciary and its offices to state power and related isues. Also, the autor describes to the establishment of the Judicial Council of the Slovak Republic as the highest office of the judiciary in the Slovak Republic, its competences, powers and functioning. In the same way there are listed other offices without which the judiciary as such could not function like Prosecutor’s Office of the Slovak Republic, Slovak Bar Association, Notary Chamber of the Slovak Republic and Slovak Chamber of Executors. At the end of the article the author evaluates the development of justice in the context of an ever-evolving democratic society.

  • Specifics of Argumentation in Judicial Practice in Ukraine

    Author: Volodymyr Kistianyk
    E-mail: consulting@lawargument.com
    Institution: Advocate
    ORCID: https://orcid.org/0000-0003-2169-7487
    Year of publication: 2020
    Source: Show
    Pages: 38-49
    DOI Address: https://doi.org/10.15804/ksm20200303
    PDF: ksm/27/ksm2703.pdf

    In the context of reforming the legal system of Ukraine, the issue of judicial argumentation, which is developing in modern law schools, is necessary in current conditions of law enforcement process. In this regard, there is a need to outline the problematic aspects of the use of argumentation in the Ukrainian judicial system. This article is devoted to some features of the argumentation contained in decisions of Ukrainian courts. The article describes typical problems that occur during judicial argumentation, which hinder quality of justice. The author analyzes the logical approach to judicial argumentation, argumentation based on principles, the rhetorical approach and inductive as well as deductive argumentation during proceedings in Ukrainian courts. These are some of the most widely used approaches in judicial argumentation. The article provides some recommendations that can improve argumentation in Ukrainian judicial practice. These problems can be solved by improving the level of legal culture, increasing the education of litigants and by using other methods.

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