Original jurisdiction ≈ Original jurisdiction
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Judicial Reasoning and Review in the Indonesian Supreme Court Open
This article describes and critiques the judicial reasoning of Indonesia’s Supreme Court, through the lens of the Court’s reviews of subnational laws during 2011–17. The resulting picture is a negative one. Most of the Court’s decisions we…
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The Stability and Durability of the US Supreme Court’s Legitimacy Open
Is support for the US Supreme Court stable over time? Recent studies present conflicting evidence about the extent to which dissatisfaction with the Court’s performance affects its public support. Drawing on a four-year panel study of Amer…
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Introduction: Port State Jurisdiction: Challenges and Potential Open
Confronted with the failures of flag states to adequately regulate their vessels, and/or to enforce applicable law, port states may assume a subsidiary regulatory and enforcement role. Exercising port state jurisdiction ( psj ) over foreig…
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Has the Court changed, or have the cases? The deservingness of litigants as an element in Court of Justice citizenship adjudication Open
In recent cases concerning mobile citizens and access to social assistance the Court has sided with Member States against the litigating citizens. Given that in early cases it sided with the litigants, this has created the impression of a …
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A decade-long longitudinal survey shows that the Supreme Court is now much more conservative than the public Open
Significance Leveraging three unique surveys collected over a decade that ask members of the public about the policy issues before the US Supreme Court, we show how the court stands relative to the public. As we demonstrate, the court has,…
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The Court of Justice of the European Union in the Twenty-First Century Open
I INTRODUCTION Where a court stands depends on where that court sits. External context generally shapes the law and politics of judicial institutions. For any court, key contextual factors may include, for instance, political actors and in…
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Problematika Penyelesaian Sengketa Hasil Pemilukada oleh Mahkamah Konstitusi Open
When local election is stated as a part of the regime of general election law based on Article 236C of Law No. 12 Year 2008 on Local Government, the authority to settle the dispute on it was transferred from the Supreme Court to Constituti…
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The Exclusive Jurisdiction of Flag States: A Limitation on Pro-active Port States? Open
The loosely phrased, and undefined, ‘exclusive flag state jurisdiction’ principle of the United Nations Law of the Sea Convention Article 92, has arguably proved to be a red herring for states and academia, in its being raised as a limitin…
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Islamic Law States and the Authority of the International Court of Justice: TerritorialSovereignty and Diplomatic Immunity Open
I INTRODUCTION The principal judicial organ of United (UN)--the International Court of Justice (ICJ)--adjudicates interstate disputes and issues advisory opinions on legal questions referred to it by authorized UN organs and specialized ag…
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THE AGILE COURT: IMPROVING STATE COURTS IN THE SERVICE OF ACCESS TO JUSTICE AND THE COURT USER EXPERIENCE Open
The access to justice movement is under new management. State court judges play a leading role in the policies and priorities to be implemented by legal aid organizations, bar associations, and other civil justice system stakeholders. This…
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Judges and court performance: a case study of district commercial courts in Poland Open
The goal of this paper is to analyse determinants of the performance of commercial district courts in Poland in the period 2009–2016 in terms of the number of resolved cases. To this end we apply a panel data approach to identify factors a…
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Comparative court-packing Open
In the wake of Donald Trump’s presidency, a fierce discussion over expanding the US Supreme Court erupted. However, the expansion of a court’s membership is just one of several court-packing techniques. Moreover, the American debate is pec…
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The Authority of Universal Jurisdiction Open
The aim of this article is to flesh out the implications of seeing universal jurisdiction as a claim to authority. While the idea that jurisdiction is an exercise of authority may seem obvious, the article invites attention to the 'claim' …
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Defining Disputes and Characterizing Claims: Subject-Matter Jurisdiction in Law of the Sea Convention Litigation Open
The Law of the Sea Convention (LOSC) is well-known for containing a compulsory dispute settlement system in Part XV, which allows most disputes to be submitted to binding adjudication or arbitration. Yet, the ability to bring a claim under…
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The Pragmatic Court: Reinterpreting the Supreme People’s Court of China Open
This Article examines the institutional motivations that underlie several major developments in the Supreme People’s Court of China’s recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweepi…
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Public Perceptions of the Supreme Court: How Policy Disagreement Affects Legitimacy Open
It is widely agreed that dissatisfaction with Supreme Court decisions harms the Court’s standing among the public. However, we do not yet know how or why Court performance affects legitimacy. We examine the role that mass perceptions of th…
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Jurisdiction and Applicable Law in Investment Treaty Arbitration Open
English Abstract: This article first discusses the law governing a tribunal’s jurisdiction. Jurisdiction is governed primarily by the instrument(s) bestowing jurisdiction. In the case of treaty arbitration, this will be the treaty offering…
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MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI Open
Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indon…
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The Supreme Court's Political Docket: How Ideology and the Chief Justice Control the Court's Agenda and Shape Law Open
The Supreme Court is unique among federal courts in that it chooses—using the writ of certiorari—which cases it will decide. Justice Brennan once noted that this discretionary power is “second to none in importance.” This article examines …
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Court Presidents: The Missing Piece in the Puzzle of Judicial Governance Open
The aim of this paper is to provide a new comprehensive understanding of roles of court presidents in judicial governance in Europe. It argues that in order to better understand the role of court presidents in comparative perspective it is…
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Common Foreign and Security Policy: The Consequences of the Court's Extended Jurisdiction Open
Despite the explicit exclusion of its jurisdiction, the Court of Justice of the European Union exercises judicial control over Common Foreign and Security Policy (CFSP). This article examines and explains how the Court's extended jurisdict…
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The Forgotten Issue? The Supreme Court and the 2016 Presidential Campaign Open
This Article considers how presidential candidates use the Supreme Court as an issue in their election campaigns. I focus in particular on 2016, but I try to make sense of this extraordinary election by placing it in the context of preside…
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A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING Open
The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are…
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Democratizing the Supreme Court Open
Progressives are taking Supreme Court reform seriously for the first time in almost a century. Owing to the rise of the political and academic left following the 2008 financial crisis and the hotly contested appointments of Neil Gorsuch an…
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Masalah Eksekutabilitas Putusan Mahkamah Konstitusi oleh Mahkamah Agung Open
Normatively constitutional court and supreme of court has on equal position with a different authority. However, there is a relationship of authority and point of contact. Morever, potential to cause disharmony on law enforcement. For exam…
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Priority Queuing on the Docket: Universality of Judicial Dispute Resolution Timing Open
This paper analyzes court priority queuing behavior by examining the time lapse between when a case enters a court's docket and when it is ultimately disposed of. Using data from the Supreme courts of the United States, Massachusetts, and …
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Tort Litigation against Transnational Corporations in the English Courts: The Challenge of Jurisdiction Open
In recent decades, some jurisdictions have shown a growing trend of private claims alleging direct liability of parent companies for overseas human rights abuses (‘Tort Liability Claims’). These cases form part of an international effort a…
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Constitutional Lawyers and the Inter-American Court's Varied Authority Open
The power of the Inter-American Court of Human Rights (IACtHR) to shape government behavior varies greatly from country to country. All states subject to the Court’s jurisdiction accept its authority to adjudicate disputes, and all take at…
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Creating an Efficient Justice System with E-Court System in State Court and Religious Court of Rights Open
: The practice of administering efficient justice with the principle of simple justice, fast and low cost is a practice with a foundation of universal principles. Based on the Decree of the Secretary of the Supreme Court of the Republic of…
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Peek-A-Boo, It's a Case Law System! Comparing the European Court of Justice and the United States Supreme Court from a Network Perspective Open
From the moment of its inception the European Union (EU) has included a court that was entrusted to give coherence and integrity to the interpretation and application of the Union's primary and secondary law. That the Court of Justice of t…