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What We Talk About When We Talk About the Principle of the Active Role of the Court in Administrative Procedure

Yerik Bulatovich Akhmetov; Yermek Bayakhmeto Abdrasulov

2023

( 1 )

DOI: 10.7206/kp.2080-1084.572

https:/doi.org/10.7206/kp.2080-1084.572

Abstract

The article examines the application of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan and foreign countries. The attention is paid mainly to the identification of the main function and the system of application of this principle. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive when applying the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan. The authors conclude that the judge should apply the principle of the active role of the court in order to have a fair trial within a reasonable time.

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Juries and Justices of the Peace in the United States of America

Paweł Króliczek

2020

( 4 )

DOI: 10.7206/kp.2080-1084.411

https:/doi.org/10.7206/kp.2080-1084.411

Abstract

The paper shows an American model of the participation of the society in the administration of justice. It is crucial for the Polish discussion about the involvement of public factor in that manner. The analysis is divided between the constitutional right to trial by jury and the institution of justices of the peace, which is unique for the Anglo-Saxon legal system. Research conducted here is the result of a detailed analysis of the case law of the Supreme Court of the United States and selected state courts that shaped the views of the American academia on this issue. Hopefully, this brief study will help to reform the Polish judicial process.

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Krytyka Prawa. Niezależne Studia nad Prawem

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