Tripartite adjudication—an endangered species
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ABSTRACT This article focuses on the role of lay members in tripartite employment tribunals, arguing that tribunals' legitimacy has been undermined by restrictions on the use of members' workplace experience, by the growth of the law, by changes to the method of lay member appointment and because judges now decide certain cases alone.Keywords:
Adjudication
Criminal adjudication is the realization of the power to adjudicate of the people' s court on behalf of the state and a combination of dynamic and static states. Studies of criminal adjudication in our country lag behind the times and thus presenting various problems. It is of essential importance to improve the adjudication system.
Adjudication
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Abstract This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called
Adjudication
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Administrative adjudication has some advantageous characters: concrete and administrative in nature,neutral in status,civil on objects and quasi-judicial in economy.This makes administrative adjudication possess unique advantages with its profession,speediness and economy,so administrative adjudication becomes one of the most important means of solving the social disputes in modern countries rule of law.Based on the analysis and summarization toward current situations and problems of China's administrative adjudication system,we should start perfecting China's administrative adjudication system from the aspects of expanding its scope,perfecting its specific organs,developing its procedure and strengthening its remedy.
Adjudication
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Adjudication is increasingly seen as the preferred means of resolving many construction and consumer disputes. As one party in dispute observed in a personal communication to the writer “It is a forum to finally express my woes. One can often feel helpless . . . in this situation and the process of adjudication has proved cathartic.” However, the differences between construction adjudication and consumer adjudication are not often understood or appreciated. This paper, first, explores some of those differences using, as an illustration of consumer adjudication, the Communications and Internet Services Scheme (CISAS) administered by IDRS Ltd. for the Chartered Institute of Arbitrators and approved by the Office of Communication which is the regulator for the U.K. telecommunications and Internet industry. Second, it looks forward to how the advantages of both may be combined to produce more effective dispute resolution with consistently high standards for resolving differences between parties, ensuring disputes are always effectively and efficiently investigated while streamlining procedures so that they are easy to use, transparent, and cost effective.
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The conduct of adjudication is often influenced by motions—requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication should be designed so as to permit the use of motions. The answer developed is that litigants will naturally know a great deal about their specific matter, whereas a court will ordinarily know little except to the degree that the court has already invested effort to appreciate it. By giving litigants the right to bring motions, the judicial system leads litigants to efficiently provide information to courts that is relevant to the adjudicative process.
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International Adjudication presents abundant material, particularly concerning the practice of early mixed claims commissions and tribunals. For that, it is commendable. It may prove significantly helpful for the developing practice of adjudication of claims between states and nationals of other states.
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This chapter begins by explaining the concept of adjudication—its definition, its distinction from domestic adjudication, and whether international adjudication is "adjudication" in the sense developed in domestic jurisprudence. The discussions then turn to the general and the special jurisprudence of international adjudication.
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Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people's being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern lies with arguing that state coercion need not be dominating; and that this is possible only within the republican theory that identifies freedom with the absence of domination, not interference.
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Abstract: The adjudication of outcomes has rarely been reported in the orthopaedic literature, although this process is commonly used and reported in clinical trials of other medical disciplines. Adjudication of outcomes provides more reliable and valid outcome assessment, especially when the outcome is subjective as in the case of fracture-healing. The successful implementation of adjudication in a clinical trial is an important and complex process. The process requires a substantial infrastructure of research personnel to oversee data collection at the clinical sites. The development of an adjudication charter specific to the study is a critical aspect of adjudication as it outlines the adjudication committee membership as well as their roles and responsibilities and defines the adjudication process and the decision rules. Web-based adjudication has facilitated the process as it allows rapid, efficient, and timely adjudication. This article provides an overview of the adjudication process, along with details on the common pearls and pitfalls associated with this method of outcomes assessment.
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From Free Adjudication to Rational A djudication---on guarantee of tational adjudication of evidence
The power of free adjudication externally exists in judge' s valuation of evidence.It is legiti mated in free adjudication institution.Meanwhile,free adjudication is not r andom adjudication,it is a reasonab le valuation guaranteed by system institution.We should draw on the relati ve experience and set up the in-stitution system to guarantee the ra tional adjudication.
Adjudication
Institution
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