COURTS & TRIBUNALS

annulment tribunals: the process, legal safeguards & need for Second Instance Tribunals - 2010, 165, 117
arbitration by religious courts must uphold right to a fair trial - 2010, 164, 27
assisted dying: court refuses to judge on it as sanctity of life is not a 'legal' discussion (case) - 2020, 184, 117
Catholic Ecclesiastical tribunals, jurisdiction past and present - 1980, 64/65, 2
Catholic teacher employment disputes: tribunals & court cases - 1995, 124/125, 40
common law and church courts, history and conflict between the two - 2011, 166, 52
Constitutional Court: dangers of a - 2006, 156, 67
Council of Europe: documents relating to religion & problems addressing concerns in widely different member states - 2009, 162, 36
Court of Chancery, historical operation of - 2003, 150, 10
courts making a substantial contribution to the euthanasia debate - 1999, 140/141, 16
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
Crown Court, establishment of - 1972, 35, 42
defendant must remove niqab in criminal trial at Crown Court while giving evidence so visible to judge, jury & counsel (case) - 2013, 171, 107
development & jurisdiction of spiritual courts in England and importance of University level canon law - 2011, 166, 52
doctrinal issues, courts will not rule on - 2010, 165, 221
Ecclesiastical courts: hierarchy & functions of - 2004, 153, 128
Ecclesiastical courts in England for 2016 onwards, practice note on citation abbreviations for cases - 2016, 176, 110
employment appeal can't challenge original tribunal's finding of fact; there must be an error of law (case) - 2017, 178, 129
employment of ministers of religion, jurisdiction of civil courts & Church tribunals - 2006, 156, 59
enforcement of Bath Din arbitration award concerning land contract transfer; court declined to make order but Beth Din free to consider new evidence (case) - 2019, 183, 251
English Ecclesiastical courts & the regulation of divorce - 2015, 174, 35
European Court of Human Rights as impartial judicial forum - 2001, 146, 5
European Court of Human Rights: cases on religious freedom - 2007, 158, 77/78/80/81
European Court of Human Rights: lack of democracy in interference with domestic jurisdictions - 2009, 162, 36
Eweida and freedom of individual conscience in the courts: overules domestic courts, extends beyond only group practices & restricts solely commercial justifications - 2013, 171, 70
family courts, text of Law Commission Working Party circular - 1973, 39, 72
Family Division, jurisdiction of - 1971, 33, 118
financial provision orders in domestic proceedings - 1979, 60/61, 2
Gurdwara, internal dispute at, court can intervene if trustees breach their duties even if no dishonesty (case) - 2014, 172, 92
High Court divisions, restructuring of - 1971, 33, 118
homelessness: less people sleeping rough in 2020 than previous year but more deaths; problems of court access for tenants facing eviction - 2021, 186, 44
House of Lords, a Bishop's vignette - 1996, 130/131, 63
International Court of Justice: advisory opinions on legality of nuclear weapons - 1997, 132/133, 65
International Court of Justice: judgement on legality of nuclear weapons - 2003, 151, 96
International Court of Justice: settling international conflict between states - 1997, 132/133, 39
Jehovah's Witness elders must release documents concerning child abuse investigation, can't rely on confidentiality (case) - 2020, 184, 104
Jehovah's witness fined for not answering questions at criminal trial due to confidentiality; judge should have explained he could take legal advice so contempt finding quashed (case) - 2020, 184, 115
Jehovah's Witness mother overruled by court as in baby's interests to have blood transfusion - 2019, 183, 229
Jewish (Beth Din) & Islamic (Sharia) arbitration courts and validation by civil courts - 2010, 165, 124
Jewish courts: nature and structure - 2010, 164, 63
Jewish religious courts and secular courts; interactions suggest secular will prevail (3 cases examined) - 2019, 183, 219
Jews, whether bound to bring disputes before rabbis and not civil courts - 1982, 72/73, 64
judicial independence and upholding human rights in African States - 1982, 72/73, 31
judicial power in the EU: 3 tiers of courts - 2005, 155, 87
jurisdiction of common law, chancery & ecclesiastical courts, 12-15th century - 2000, 144, 4
magistrates courts and matrimonial proceedings - 1973, 41, 118
Medieval church courts can be seen as the first modern Western legal system with books, precedents & reports; King's courts much less sophisticated despite personnel overlap - 2017, 178, 37
Michael Gove on importance of rule of law and access to justice for the poor - 2015, 175, 166
Muslim Arbitration Tribunal: establishment and operation of, legal recognition of - 2010, 164, 27
oath, taking of: should this be abolished and replaced with real punishment for lying? - 2021, 186, 39
oath taking in court still has an effect in bringing out truth in a way that perjury penalties do not (case) - 2020, 185, 195
private prosecution of President of Latter-day Saints for asking for money while promoting untrue theological claims, not justiciable for doctine & abuse of process (case) - 2014, 172, 102
Privy Council - 1969, 25, 170
Problem-Solving Courts: useful for drug / alcohol / mental health influenced offenders to deliver specialised community sentences - 2020, 184, 58
Provincial Court of the Church in Wales: jurisdiction of & standard of proof - 1998, 138/139, 127
puberty blockers for children; advice to always make application to court in these cases ruled inappropriate (case) - 2022, 188, 72
public policies and law applied by courts in Europe over international religious symbols - 2013, 171, 21
religious courts: when decisions can be enforced by secular courts; only for civil disputes; can choose for arbitration - 2010, 164, 27
religious disputes: the role of the secular courts - 2008, 160, 13
religious doctine (Sikh defamation case), court can't rule on - 2011, 166, 101
religious tribunals: official enquiries into Sharia, data gathering still needed; Cardiff University research on - 2016, 177, 181
religious tribunals (Catholic, Jewish, Muslim): regulation of marital disputes, mediation and remarriage - 2016, 177, 181
role of courts is to implement, not make, public policy - 2013, 171, 21
secrecy, principles of "in camera" proceedings - 1972, 35, 80
separated Jews want 'Beth Din' to arbitrate over children's welfare: court allows outcome whilst retaining power of binding endorsement (case) - 2013, 170, 105; 2019, 183, 225
settlement and adjudication, analysis of how may not always serve justice, shalom & relationships; judgement of right can be helpful - 2016, 177, 130
Sikh gurdwaras (two), trusteeship and governance of, court reluctant to rule on religious doctrine: non-justiciability so case stayed (case) - 2012, 169, 275; court unwilling to rule or allow appeal on questions of doctrine - 2013, 170, 143; can rule on legal issues that depend on religious issues - 2014, 173, 237
structure of the Council of Europe - 2009, 162, 36
Stubbs-Maitland controversy over the role of Roman canon law in the ecclesiastical courts during the Reformation: Helmholz's analysis - 2017, 178, 37
trial chamber of the International Tribunal: first case - 1997, 134/135, 54
trial judges and dilemmas they face due to gap between human and divine law - 2016, 176, 6
tribunals and loss of historic Christian perspectives - 1979, 62/63, 73
vegetative state: Supreme Court rules no longer necessary to apply to Court of Protection to wihtdraw food/fluids if doctors & family agree (case) - 2018, 181, 232
veiled witness in asylum case: need to find options to strike balance between witness rights, open justice & properly assessing evidence (case) - 2014, 172, 73
witchcraft: laws & trial processes in England compared to Europe (ecclesiastical & secular courts); use of torture & death penalty - 2011, 167, 54
witness oaths, should they be abolished? -1991, 108/109, 28
Australia
Beth Din (named as dispute court in contract between companies) charged with contempt for threatening religious sanction for not submitting to their judgment (case) - 2019, 183, 219
former Anglican Bishop deposed by Diocese; appeal to Appellate Tribunal concluded no jurisdiction but ruled deposition void as Diocese had exceeded its own jurisdiction - 2017, 178, 124
Bosnia & Herzegovina
religious clothing: Muslim witness fined & then imprisoned for refusing to remove skullcap in court; authorities violated Article 9 (ECHR) - 2018, 180, 118
Greece
Court of First Instance to accept petitions for and maintain register of Religious Legal Persons - 2016, 176, 42
defendants/witnesses cannot be required to reveal religious beliefs, or lack of, in order to take declaration rather than oath - 2010, 165, 216; no damages payable - 2012, 168, 119; judgment that rights violated upheld (case) - 2013, 170, 116
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
Latin America
Inter-American Human rights court - 2009, 162, 62
Latvia
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Romania
Greek Catholic Church seeking restitution of property lost under Ceaucescu; Grand Chamber rules they had reasonable court access but length of proceeedings unreasonable & treatment by different courts had undermined principle of legal certainty (ECHR) - 2017, 178, 139
Switzerland
applicant alleging lack of clarity in assisted suicide law killed herself but court not told; ruled as abuse of process rather than inadmissible due to death (ECHR) - 2015, 174, 145
United States of America
cameras in the court room, arguments for and against - 1994, 122/123, 111
capital punishment: procedures & deficiencies of the Appellate Courts - 2006, 156, 24
capital punishment: Supreme Court deliberations on - 2006, 156, 24
Supreme Court: basis, nature and extent of powers of judicial review - 1987, 92/93, 42
Supreme Court: limitations of powers - 1974, 44, 121
Wales
courts system established for the Church in Wales and subsequent changes to this; do these changes affect impartiality? - 2017, 179, 171
legal sub-committee of Church in Wales, system of seeking legal advice may in some cases conflict with natural justice - 2017, 179, 171
Yugoslavia (Former)
International Criminal Tribunal on the Former Yugoslavia - 2003, 151, 96

Published by:

The Edmund Plowden Trust