notes-politics-governanceSystems-govsChJudiciary

Table of Contents for Governance Systems Design

computation is not free

arbitration vs courts

court procedure common law vs civil code, and precedent juries vs not compulsory jury service? evidence rules adversarial system, neutral judge vs. judge as investigator barristers and solicitors, or just one kind of lawyer (see [1]) what else?

hierarchy of courts appeal courts that accept/decline to hear appeals courts that automatically review the most severe sentences, eg https://en.m.wikipedia.org/wiki/Traditional_Chinese_law#Procedure

equality before the law? contrast: https://en.m.wikipedia.org/wiki/Eight_Deliberations

separation of judges/courts from political interference / judicial independence lifetime election? indirect election staggered election link to that transparency international recommendations document

different legal hermeneutics (methods of interpreting the law):

• plain language
• original effect of text (this is distinct from 'plain language' in that if the plain language is ambiguous or does not address some issue, then we look back to the political conventions at the time of its writing to see what, in that context, the document as a whole would have been thought to imply)
• avoid absurdity
• intent of legislators
• striking down laws
• judicial activism
  • safeguarding rights
  • updating the law

degrees of punishment:

• the 'five punishments' of imperial china: beating/caning, beating/caning, penal servitude/imprisonment, exile, death

degrees of crime:

• infraction
  • often, in jurisdictions where the right to trial is guaranteed for felonies and misdemeanors, infractions are still eligible for summary judgement (no trial, just judge)
• misdemeanor
• felony

censure (formal rebuke):

• "The motion to censure is an exception to the general rule that "a motion must not use language that reflects on a member's conduct or character, or is discourteous, unnecessarily harsh, or not allowed in debate.""