Constitutional Law around the globe: judicial review in the United States and the “writ of certiorari”

Araujo, Luiz Henrique Diniz

doi:10.5380/rinc.v7i1.73893

Cited by 2 publications

(2 citation statements)

References 1 publication

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“…It prohibits the lower court from proceeding with a case beyond its jurisdiction, without proper legal authority, or from assuming a jurisdiction it is not legally entitled to. The purpose of this writ is to enforce the subordinate courts to adhere to the boundaries of their jurisdictions (ARAúJO, 2020;Javed, Jianxin, & Khan, 2021).…”

Section: Prohibition Work As a "Stay Order"mentioning

confidence: 99%

Analyzing the Writ Jurisdiction of High Courts: A Case Study from Pakistan

Qureshi,

Shahid,

Chaudhary

2023

CTLS

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The primary and the most important function of judiciary in a country is to establish the rights of the citizens and to safe guard the same. And thus, to enforce the fundamental rights laid down in the constitution. In Pakistan, the judiciary either higher or the subordinate performing the same functions with true sprite, following the constitution and the statutory laws to ensure that every citizen is guaranteed his fundamental rights in light of Article 9 of the Constitution of Islamic Republic of Pakistan. In this research paper, the role of high courts will be discussed under article 199 of the constitution, and this research paper will unfold the power of high courts to enforce fundamental rights. In this paper, the writ jurisdiction of the high court will be explained related to the establishment of fundamental rights.

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Section: Prohibition Work As a "Stay Order"mentioning

confidence: 99%

Analyzing the Writ Jurisdiction of High Courts: A Case Study from Pakistan

Qureshi,

Shahid,

Chaudhary

2023

CTLS

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“…Constitutional commentary, 35(1), 1-12. See also,Araújo, L. H. D. (2020). Constitutional Law around the globe: judicial review in the United States and the "writ of certiorari".…”

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confidence: 99%

Digitalization of Evidence in the Constitutional Court: Opportunities and Requisite

Fauzan

Bakhtiar

2023

Velrev

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Digitization has spread to people's live, it is also necessary to reform the judiciary for the efficiency and effectiveness of evidence in procedural law. Legalization rather than the use of digitalized evidence is also needed for legal certainty in proceedings. The research method used in this study is a normative legal method with a historical approach and statutory approach. The historical approach is used to analyze the background of constitutional cases in the past and is connected to current conditions related to evidence. A statutory approach is needed to analyze the legality of using digital evidence when taking proceedings at the Constitutional Court. The results of this study are found that the history of constitutional cases that have relevance to the existence of the Constitutional Court is the background for the occurrence of evidence in the institution that guards the constitution. The use of digital evidence has proven necessary to realize the principle of fast, easy and cheap process. In addition, its practical use is only limited to the administrative affairs of the court clerks, not to the evidentiary process in the Procedural Law of the Constitutional Court. So that it is necessary to adapt the court to digitalization to get to the proof stage by carrying out legal formulations in the form of changes to the procedural law of the Constitutional Court which will provide space for evidence in digital form in proceedings at the Constitutional Court.

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Constitutional Law around the globe: judicial review in the United States and the “writ of certiorari”

Cited by 2 publications

References 1 publication

Analyzing the Writ Jurisdiction of High Courts: A Case Study from Pakistan

Analyzing the Writ Jurisdiction of High Courts: A Case Study from Pakistan

Digitalization of Evidence in the Constitutional Court: Opportunities and Requisite

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