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Diversity in the judiciary is essential to ensure impartiality, public confidence, and the perception that all members of society are represented on the bench. Minorities and women are significantly underrepresented as judges in Florida in proportion to their numbers in the general population. Because we live in an increasingly global world, diversity is best described when people of different races, colors, ethnicity and genders work to develop a mutual respect for each other. It was important to use diversity in this research because it required recognition, understanding, and acceptance of the special contribution that each member of a group can make. The documentation review method was used to measure the data collected in this research. The advantages for using this method were first, to obtain comprehensive and historical information that already exists and secondly, to obtain data which demonstrates few biases about the information. I used correlation as a non-experimental, description method because the variables are not directly manipulated, as they would be if used in an experimental method. This method of research is really more of a mathematical technique for summarizing data. This study was designed to determine the degree and direction of relationship between two or more variables or measures of behavior. Diversity in 2004 judicial appointments is a high priority in Florida's present administration. Their goal is to have a judicial system composed of judges who reflect the people they serve. Since judges have so much influence over the lives of people of the state, it is important that all Floridians perceive the judiciary legitimate. Having a diverse judiciary serves the goal. The Bush/Jennings team appointed; 1) the first African American woman, Judge Peggy Quince to the Florida Supreme Court (with the agreement of Governor Lawton Chiles); 2) minorities to 53 judicial positions including the first Hispanic Supreme Court Justice Raoul Cantero to the Supreme Court; 3) 26 African American, 26 Hispanics, 1 other); 4) women to 66 judicial position; and, 5) the first Haitian-American judge, Judge Fred Seraphin to the Miami Dade County Court. The judicial system has an obligation to provide equal opportunity to the extent that females, minorities, and people of color have the temperament, the legal educational background, the skills, and the abilities necessary to sit on Florida's bench. The legal profession also has an obligation to encourage more minorities and women to consider a career in law. The governor's most recent selections indicate that he is serious about improving diversity on the Florida bench.

Teismų ir teisėjų principas yra gana senas ir nemažai autorių nagrinėtas, bet ši tema yra aktuali ir šiandien, kadangi teisėjų vykdomam teisingumui neretai bandoma daryti įtaką, o taip pat nereti drausminių bylų iškėlimai rodo, kad vidinis teisėjų nepriklausomumas yra ne iki galo išgrynintas iki tobulos formos. Darbe analizuojamos Konstitucijos nuostatos, kurios reglamentuoja teismų ir teisėjų nepriklausomumą bei Konstitucinio Teismo nutarimai, liečiantys teismų ir teisėjų nepriklausomumo principą. Kadangi teismų ir teisėjų nepriklausomumo principas yra vienas iš esminių konstitucinės teisės principų, todėl jis yra įtvirtintas ne viename tarptautiniame dokumente. Darbe taip pat analizuojamos tarptautinių dokumentų nuostatos reglamentuojančios teismų ir teisėjų nepriklausomumą ir jos lyginamos su Lietuvos konstitucinėje teisėje įtvirtintomis nuostatomis. Be to, darbe remiamasi sociologinių tyrimų duomenimis norint išsiaiškinti visuomenės pasitikėjimo teismais lygį. Darbe iškelta hipotezė, kad teisėjų ir teismų nepriklausomumo lygis įtakoja visuomenės pasitikėjimą teismais pasitvirtina, kadangi kuo didesnis teismų ir teisėjų nepriklausomumo lygis, tuo bus didesnis visuomenės pasitikėjimas teismais ir teisėjais. Pirmoje darbo dalyje nagrinėjamas valdžių padalijimo principas, teisminės valdžios santykis su kitomis valdžiomis (įstatymų leidžiamąja ir vykdomąja) bei išskiriami teisminės valdžios požymiai. Antroje darbo dalyje analizuojama istorinė tesimų ir teisėjų nepriklausomumo... [toliau žr. visą tekstą] / The principle of court and judges is quite old and it has been studied by many authors but this topic is current nowadays as well. The justice supported by judges is often being tried to be influenced as well as frequent disciplinary proceedings show that inner independence of judges is not purified to a perfect form. The provisions of the Constitution which govern the independence of courts and judges are analyzed in the study together with Constitutional Court rulings that are connected with the principle of the independence or courts and judges. As the independence principle of courts and judges is the basic one in the constitutional law it is fortifies in many international documents. The provisions of international documents that regulate the independence of courts and judges are discussed in the study. They are compared to the provisions that are fortified in the Constitution of Lithuania. Besides, the data of sociological researches is used in the study in order to see the level of the trust of the public in courts. The hypothesis is raised in the study that the level of independence of courts and judges influence the public trust in the courts ad judges was confirmed. The higher level of the independence of courts and judges appears the bigger trust of public in courts and judges is. The principle of power division, the ratio of court’s authorities with other authorities (legislature and executive power) as well as the features of the court power are distinguished... [to full text]

This thesis explores three different institutions that underwent proposed reforms during the President of Cristina Fernández de Kirchner (2007-2015): the intelligence sector, the judiciary, and the media. Though the stated purpose of these reforms was to make more democratic institutions that had suffered under the military junta, in reality they were generally unsuccessful. Furthermore these institutions would be further changed under her successor, Mauricio Macri, still with little improvement to democracy. When examining these changes in the context of hyper-presidentialism, it is apparent that the misuse of executive power is a serious impediment to meaningful institutional reform.

The thesis is focused on examination of issues of legitimacy of the Court of Justice of the European Union. The problem is perceived in the context of the growing importance of the judiciary both at national and international levels. Judges are increasingly forced by circumstances to shape law. Their role in the system of bodies of states and international organisations is thus changed. The courts of the highest instance in particular become political actors. Traditional (functional) conception of their legitimacy, based on the requirements of professional credit, independence and impartiality, is then shown to be insufficient and must be supplemented by democratic legitimacy and proven existence of the legitimizing chain. Due to growing influence of international courts of justice this problem is projected to the international level. In the case of the Court of Justice of the European Union the whole problem is even more intense for its supranational character and influence, which it acquires consequently. It should therefore be at the forefront of efforts to improve the legitimacy of the international judiciary. The current situation however does not really corresond to it. Improvements in the appointment of Judges and Advocates-General were therefore proposed. Larger involvement of the European...

Summary: Constitutional judiciary in Spain The subject of this thesis is constitutional judiciary in Spain. According to the Spanish Constitution of 1978 Spain belongs in the group of states which have established a system of concentrated and specialized constitutional judiciary. In the Czech legal literature is the Spanish constitutional judiciary mentioned mainly as a system based on the German constitutional judiciary, writings dedicated exclusively to the Spanish system are not very common. In spite of the fact that the legislative regulation of the Spanish Constitutional Court was really importantly inspired by the regulation of the Federal Constitutional Court of Germany (especially in the area of competencies of the Constitutional Court), there are also some significant particularities and typical features of the Spanish Constitutional Court which can be an interesting subject of an analysis. The aim of the thesis is to provide a characterization of the Spanish constitutional judiciary. Because of the limited length of the thesis this study does not contain a detailed analysis of all aspects of the Spanish constitutional judiciary. I have focused only on some topics of the Spanish constitutional judiciary, particularly on the topic of the position and the importance of the Constitutional Court in the...

The main aim of this thesis is an introduction into the basic principles of electoral law and instruments of their protection, especially through the judicial power, in the local elections. The right to participate on public affairs is one of the fundamental attributes of the citizens of a democratic state. Its protection through independent and impartial courts is very important. The first chapter sets out rights relating to elections into municipal councils. The second chapter explains the stages of the electoral process, including examples of selected court decisions related to some institutes. The third chapter deals with the protection of public subjective rights in the election judiciary. The protection is provided to political rights of voters, political parties, candidates and elected members of representative bodies. There is a brief mention about the protection that has been previously provided by civilian courts. In accordance with the system of the Judicial Administrative Procedure Code I discuss four particular types of proceedings - proceedings in matters of electoral rolls, proceedings in matters of registration of candidates, proceedings in matters of invalidibity of elections and voting and proceedings concerning termination of the mandate. The third type of procedure, judicial...

The Role of the Court of Appeal from 1548 to 1783 The purpose of this thesis is to analyse the development of the Court of Appeal in Prague between the years 1548 and 1783. The thesis describes the role of one the most important tribunals in the Czech Lands during the Early Modern Age. The reason for my research is that this issue has not been elaborated complexly by modern historians. The aim of the thesis is to complete and revise results of former researches in this area. The thesis is composed of an introductory, ten chapters and conclusions. Some chapters are subdivided into parts. The introduction defines the topic, describes existing literature and other materials. The investigation is based both on published and archival documents. The last ones were examined in the National Archives and chosen regional archives. Chapter One examines why the Court of Appeal was established, specifies its legal framwork and describes members of the Court. The Court was established in January 1548 by Czech King Ferdinand I Habsburg (1526-1564) in order to restrict the power of royal towns in the Czech Lands after the sovereign suppressed the revolt of the Estates in 1547. The judges of the Court of Appeal were representatives of all Estates in Bohemia (high nobility, gentry, burgesses) and four erudite...

The organization of judiciary in Austria in the second half of the 19th century The main aim of this thesis is a description of the organization of the judiciary in Austria (Cisleithania) in the second half of the 19th century and its position in the broader European context. The revolution of 1848 dramatically affected the organization of the judiciary. In 1850 in some territories of the monarchy a new system of ordinary courts was activated which replaced the old system of pre-March. The new system was fully put under state control and separated from the administration at all levels. Despite the fact that this new structure was notably changed in the next half-century, the basic principles of the organization (with certain exception of the years 1855 to 1867) have not changed much. Other milestones in the development are the years 1854/1855 (the so-called Bach reorganization of the judiciary), the years 1867/1868 (the adoption of the December Constitution and application of certain principles contained therein), the years 1873/1874 (the adoption of the new Criminal Procedure Code and the beginning of its efficiency) and finally the years 1895-1898, when the reform of civil procedure and judicial organization took place. Austrian judicial system in the form it had assumed at the beginning of the last...

Esta tese empreende uma análise genealógica das estratégias narrativas presentes no processo de criminalização da pedofilia no Brasil. O principal foco de análise foi a produção discursiva do judiciário e da psiquiatria que constitui objetividades sobre a pedofilia e busca definir o sujeito pedófilo. Para realizar esta pesquisa, foram analisadas diversas fontes de conhecimento que formam os discursos sobre a pedofilia no Brasil e em outros países , tais como textos históricos e teóricos das ciências humanas, uma bibliografia especializada sobre o assunto, manuais prescritivos de ações de combate ao abuso sexual infantil, legislações, e a jurisprudência disponível no Tribunal de Justiça de São Paulo (TJSP). Visando realizar uma história crítica do presente, foram ainda problematizadas as representações sobre a criança e o sexo, os pânicos morais em torno das sexualidades dissidentes e a fabricação de subjetividades contemporâneas. / This dissertation undertakes a genealogical analysis of the narrative strategies present in the criminalization process of pedophilia in Brazil. The primary focus of analysis was the discursive production of the judiciary and psychiatry, which creates objectivity about pedophilia and defines the subject pedophile. To accomplish this research, I analyzed the various sources of knowledge that form the discourses on pedophilia in Brazil and other countries such as historical and theoretical texts of human sciences, the specialized literature on the topic pedophilia, prescriptive manuals to prevent child sexual abuse, the legislations, and the jurisprudence available at the São Paulo Justice Court (TJSP). In order to achieve a critical history of the present, I also problematized representations about children and sex, the moral panics around dissident sexualities, and the construction of contemporary subjectivities.