Even though approximately 97% of criminal offences are finalised in the summary jurisdiction, the High Court has only considered the nature of summary jurisdiction once: in 1930 in 'Munday v Gill'. ...In that case Isaacs CJ and Dixon J provided different characterisations of the summary jurisdiction. According to Dixon J, in the majority, in the summary jurisdiction efficiency may be prioritised over strict adherence to common law protections of the accused because it deals with minor criminal matters that are between subject and subject. In dissent, Isaacs CJ characterised summary criminal matters as between the Crown and subject, arguing that common law protections are as important in the summary jurisdiction as in the higher courts. Dixon J's judgment is still cited as an accurate characterisation of the summary jurisdiction today, and yet the summary jurisdiction has transformed in the nine decades that have elapsed since the case was decided. This is reason to think 'Munday v Gill' should be revisited. This article offers a critical analysis of the case by placing it in its social and historical context, showing that Isaacs CJ's characterisation is more relevant today than that of Dixon J. It makes the case that because of this transformation, it is necessary to re-think the nature of a fair trial in the summary jurisdiction.
The paper presents some general theoretical settings about the principle of immediacy in criminal proceedings. It should serve as a theoretical platform for developing further research in this area. ...The author gives a definition of the principle of immediacy and sees his place in the classification of procedural principles, linking it to the judicial function. The principle of immediacy is one of the implicit procedural principles, which also have international legal roots in Art. 6 of the European Convention for the Protection of Human Rights and fundamental freedoms. The paper emphasizes and analyzes the following important features of the principle of immediacy: instrumentality, complexity, relativity (susceptibility to gradation) and connection with other procedural principles.
That an accused receives a fair trial is essential to the legitimacy of international criminal courts and tribunals. However, how best to interpret the right to a fair trial in order to maximize the ...legitimacy of international criminal courts and tribunals' decision-making? Some argue that international criminal courts and tribunals should aspire to the highest standards of fairness and should aim to set an example for domestic courts in this regard. Others argue that the unique context within which international criminal courts and tribunals operate allows them, at times, to interpret the right to a fair trial in a way which falls below minimum international human rights standards. This article examines both of these positions and finds both to be problematic. Rather, the article argues that international criminal courts and tribunals should aim for a middle path, the 'fair enough' standard, when interpreting the right to a fair trial. In situations where a different standard than that found within international human rights law is applied, international criminal courts and tribunals should expend greater effort in being open and clear as to why this is so, and should take care in communicating this to their audience, including victims and the accused. By doing so, the legitimacy of their decision-making will be enhanced.
Background: The protection of property rights is one of the cornerstones of legal order. If we were uncertain whether ownership would be protected from claims or whether contract obligations would be ...executed properly, we could not regulate relations effectively. Courts play a crucial role in this mechanism of protecting the owner’s rights, giving parties possibilities for defence.
This note is related to one of the last judgments of the European Court of Human Rights (ECtHR), the focus of which is on newly discovered circumstances and the principle of legal certainty. The facts of this case arose from a property sale contract with a condition, the validity of which led to the consideration of multiple cases by different Ukrainian courts.
Methods: In light of the above, an analysis of this ECtHR judgment, as well as the final and interim decisions of Ukrainian courts, with regard to Ukrainian legislation and case law was prepared. The main challenge was the absence of the oldest decisions of national courts in the state register of court decisions, which contains only decisions from 2011. Even so, the facts of this case were described in detail in the latest courts decisions.
Results and Conclusions: The following analysis provides an argument against reopening procedure without proper grounds, which lead to the violation of the right to a fair trial in civil procedure in Ukraine.
The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition ...law. It also has the authority to establish procedural laws for the competition law enforcement procedures within its institution. This single role raises various issues in the current context, including the right to a fair trial and checks and balances. This article seeks to define the position of human rights, particularly the right to a fair trial, in competition law enforcement procedures. The result is that competition law enforcement procedures are subordinate to human rights, so they must be exercised in compliance with human rights standards, particularly the right to a fair trial. Based on the experience in Indonesia, this study finds that the ICSC’s single role is incompatible with human rights commitments in fair competition law enforcement procedures. As an alternative solution, this article encourages a modification and adjustment based on human rights commitments and checks and balances mechanism by limiting one of the ICSC’s authorities and broadening the interference of the Supreme Court in enforcing Indonesian competition law at the ICSC level.
The impact of artificial intelligence algorithms is widely felt on many different aspects of life, and because of the efficiency and speed of such algorithms, decisions can be taken as well as their ...implementation on behalf of humans in the field of criminal justice. Despite the progress that has been made, there are still great concerns on the issue of rapid mechanization of the justice sector in general, and the judiciary in particular. Therefore, discussion and analysis of the impact of such algorithms on the justice system in this paper is of high importance. Such discussions will be carried out through three chapters; while chapter one reviews the concept of algorithms and their importance in criminal justice, chapters two and three are devoted to discuss the use of artificial intelligence algorithms in pre-trail and during trail stages respectively. This work, however, ended with a conclusion that contained the main results of the research and recommendations
The impact of artificial intelligence algorithms is widely felt on many different aspects of life, and because of the efficiency and speed of such algorithms, decisions can be taken as well as their ...implementation on behalf of humans in the field of criminal justice. Despite the progress that has been made, there are still great concerns on the issue of rapid mechanization of the justice sector in general, and the judiciary in particular. Therefore, discussion and analysis of the impact of such algorithms on the justice system in this paper is of high importance. Such discussions will be carried out through three chapters; while chapter one reviews the concept of algorithms and their importance in criminal justice, chapters two and three are devoted to discuss the use of artificial intelligence algorithms in pre-trail and during trail stages respectively. This work, however, ended with a conclusion that contained the main results of the research and recommendations
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