阿尔巴尼亚的法治与司法独立

IF 0.3 Q3 LAW
B. Bara, Jonad Bara
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引用次数: 1

摘要

我们知道法治对我们的社会、我们的民主和我们想要的文明的重要性,但我们很少花时间去思考法治的组成部分是什么,以及我们如何确保法治得到维护。就其最基本的形式而言,法治就是任何人都不能凌驾于法律之上的原则。法律文件,如宪法、国家立法、法院系统和国际协议,规定了一个国家对其公民的行为。政府权力的合法行使,只有根据书面的、公开披露的法律,按照既定的程序步骤,即所谓的正当程序,通过和执行。法治是一个非常宽泛的概念。它涉及植根于民主的几个方面。本文将重点讨论作为法治一部分的司法独立问题。司法独立意味着法官在作出决定时不受政治压力和影响,当他们被要求决定法律的要求时,他们不应受到政党、私人利益或民意的压力。保持司法独立不受这些影响,确保每个人都有公平的机会在法庭上陈述自己的案件,确保法官在作出决定时不偏不倚。总统,部长和立法者,有时急于找到方便的解决方案,以应对当天的紧急情况。独立的司法机构具有独特的地位,可以反思这种行为对权利和自由的影响,必须确保这些价值不被颠覆。阿尔巴尼亚司法独立的必要性对阿尔巴尼亚加入欧洲联盟至关重要。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Rule of Law and Judicial Independence in Albania
We know the importance that the rule of law has for our society, our democracy, and the kind of civilization we want, but we rarely take the time to think about what the components of the rule of law are and how we ensure that the rule of law is maintained. In its most basic form, the rule of law is the principle that no one is above the law. Legal documents, such as constitutions, national legislation, a court system, and international agreements, govern a state’s actions towards its citizens. Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The rule of law is a very broad concept. It involves several aspects rooted in democracy. This paper will focus on the independence of the judiciary as part of the rule of law. Judicial independence means that judges are independent from political pressures and influences when they make their decisions, that they should not be pressured by a political party, a private interest, or popular opinion when they are called upon to determine what the law requires. Keeping the judiciary independent of these influences ensures that everyone has a fair chance to make their case in court and that judges will be impartial in making their decisions. Presidents, ministers, and legislators, at times, rush to find convenient solutions to the exigencies of the day. An independent judiciary is uniquely positioned to reflect on the impact of such acts on rights and liberty, and must ensure that those values are not subverted. The need for an independent judiciary in Albania is of paramount importance for Albania’s integration in the European Union.
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来源期刊
University of Bologna Law Review
University of Bologna Law Review Social Sciences-Law
CiteScore
0.20
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审稿时长
22 weeks
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