Umpiring and Gerrymandering

In the United States, the growth of judicial power started as a way to curb over-reaching, sometimes corrupt, state legislatures and manifested itself in allowing the judicial branch, as opposed to the other branches, to resolve more disputes over contracts, property, debts, and other distinctly nineteenth-century problems. For the last seventy-five years or so, however, something else has propelled its influence: the growth of constitutional review at the federal level, the power to invalidate state and federal civil laws and executive branch actions as well as state and federal criminal prosecutions. This chapter discusses what has become an acutely American dilemma, a fear that the courts will do too little in enforcing constitutional rights and a fear they will do too much. It considers the problems posed in each direction and the risks of politicizing the federal courts if they become the exclusive source of identifying constitutional individual and structural rights.

Controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence: comparative analytical study: ضوابط الشروط المقترنة بالعقود في القانون المدني البحريني والفقه الإسلامي: دراسة تحليلية مقارنة

This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.

The Laws of Nature Are the Laws of God in Leviathan

The standard interpretation that the laws of nature in Leviathan are not laws because he calls them theorems is mistaken. The theorems, or “dictates of reason,” are the propositions that Hobbes proves. But they need the force of a command to be, as he says “properly called Lawes.” Hobbes uses reason to prove them, and reason is the “undoubted word of God.” The author argues against John Deigh’s ingenious defense of the standard view. Deigh maintains that words in phrases that are technical terms do not retain their meaning outside of the phrase. But if that were true, then “civil laws” and “natural liberty” would not be laws or liberty respectively. Also, if they were not laws, Hobbes’s division of two kinds of law, civil and natural, would be absurd.

historical continuity of criminal law institutions in the russian legislation and reception of legal norms: viewpoints on crime and punishment

This article is concerned with the historical continuity of such criminal law institutions as crime and punishment with due regard to changing views on components of crime and the imposition of penalty. The authors have conducted a comparative-legal analysis of the sources of criminal law in Russia, considered the influence of the Greco-Roman, Byzantine, Germanic law on the Old Russian law and substantiated its originality. The stages of committing a crime and their role in choosing a certain penalty are discussed in the following documents: the Russian Truth, the Council Code of 1649, the Military Articles of 1715, the Code of Civil Laws of the Russian Empire of 1832, the Criminal and Correctional Punishments Code of 1845, the Charter of Punishments Imposed by Magistrates of 1864, the Criminal Code of 1903 and the Criminal Code of the RSFSR of 1926.

Judicial Legislations and the Tribal Claims System in the Royal Period: A Documentary Study

The present research tackles a number of historical facts and incidents with a purely legal dimension in an important stage in the contemporary history of Iraq, especially the era of the British occupation. This resulted in innumerable social, political and legal problems, particularily the judicial legislation problems in Iraq. These legislations included a set of civil laws and in force governmental procedures that will be discussed historically by examining documents issued by the Ministries of Justice and Interior Affairs in the governments of monarchy for the period from 1921-to-1958. The data of the present paper relied on the Iraqi Library and Archives, (hence DKW). The study adopted the narrative historical methodology when investigating the judicial legislations in the royal era from 1921-to-1958. The scale adopted was the contemporary measurement and evaluation in the Iraqi contemporary history. Finally, the results revealed that the history of the penal procedures in the royal era was those multiple attempts to reconcile between the two types of penal procedures that represent the history of the relationship between the individual and the state. Such legislations were set according to the circumstances of each country and to the level of its intellectual, social, political and human development to serve primarily the interests of the British occupation, and fulfill the desires of the influential class in the royal era. Because these legislations and laws were not based on modern scientific theories, many people were wronged, including the judicial authority and legal clerks who complained from their implementation and their continual application on Iraq for all this period.

The Institution of Recusal of Judges in Civil Proceedings: Historical Aspect

Introduction. This article is devoted to the study of the history of the development of the institution of recusal in civil proceedings. A number of separate norms of the Civil Procedure Code of the Russian Federation are devoted to the institution of recusal of a judge in civil proceedings. A correct understanding of these norms is possible with the help of their historical analysis. The study of the historical aspect of the institution of recusal of a judge in civil proceedings can be useful in developing new legislative initiatives on this issue, and can also contribute to the removal of controversial issues in this area. Theoretical Basis. Methods. A number of historical periods in the development of judicial recusal were studied: the period from the Council Code of 1649 in Russia to the Code of Civil Laws of 1832 in Russia, the period of the Charter of Civil Proceedings of 1864, the Soviet period, and the modern period. Special attention is paid to the Russian pre-revolutionary and Soviet periods of development of the institution of judicial recusal in civil proceedings. This approach is due to the fact that in these periods of development of the Institute, the rules of withdrawal are most similar to the modern rules of withdrawal. The study uses the historical method, as well as the method of analysis and comparison. Results. The results of the study are: familiarise the reader with the history of recusal in civil proceedings; a comparative analysis of the development of the Institute in different periods of history, the formation on this basis conclusions about the Genesis of the withdrawal; identify trends in the development of the institution of disqualification and the proposals on the prospects of its reforming. Discussion and Conclusion. The modern recusal is a receiver of the Soviet recusal, so it has all the main distinctive features of the Soviet recusal indicated in this article. Recent changes of the recusal can be grouped as follows. First, these are changes related to the judicial reform. These changes are detailed in the article. Secondly, the change of the recusal, which is a consequence of allowing the recognition of the judge as suspicious at any time of the trial, as well as the lack of responsibility for unscrupulous applicants of the recusal. The first group of changes is the result of judicial reform in general. The second change is an attempt by the modern legislator to correct an error in the rules of Soviet recusal, in which the recusal of a suspicious judge was allowed without a time limit.

The General Rules of Procedure Concerning Disputes in the Second Quarter of the XIX Century According to the Code of Civil Laws

The article represents a description of the general judicial proceedings in litigious cases in the 2nd quarter of the 19th century according to the Code of civil laws of the Digest of laws of the Russian Empire. The author reviews such problems as participants in the process, judicial representation, order of applying to the court, judicial proceedings and evidence.

SUCCESSION OF COMMERCIAL AND INDUSTRIAL PROPERTY IN LATE IMPERIAL RUSSIA: LAW AND PRACTICE

The article deals with some issues of elaboration of the most important part of civil laws connected with property relations in the field of entrepreneurship. In the early 19th century, Russia was in the process of forming corporate legislation, which put the empire on a par with the advanced Western European countries from this point of view. That fact contributed to the broader development of entrepreneurship, which could legally be carried out in various forms. At the same time, work was carried out on the improvement of such a legal category as the institution of property, on rethinking and generalization of the previous national experience. The legislative activity of the government in the second half of the 19th century focused on the problems of adapting the current norms of law to the peculiarities of the socio-economic development of the country, as well as filling the gaps caused by the abolition of serfdom. The article shows the implementation of legal norms in everyday commercial life using the typical examples of some Russian and foreign joint-stock companies. Ultimately, Russia’s legislation was brought in line with the norms in force in this area in Western European countries. Based on the factual material, contained in various published sources and archival documents, the author concludes that Russian laws created favorable conditions for entrepreneurial activity and ensured the protection of the property rights of merchants and manufacturers, allowing them to maintain succession in business legal relationship.