IDEAS home Printed from https://ideas.repec.org/a/bal/journl/2256-074220241024.html
   My bibliography  Save this article

Trial By Jury As A Guarantee Of Legitimate Decisions: Constitutional, Legal And Economic Principles

Author

Listed:
  • Veronika Berch

    (Uzhhorod National University, Ukraine)

  • Andriy Lankevych

    (Uzhhorod National University; Lviv District Administrative Court, Ukraine)

  • Yurii Bysaha

    (Uzhhorod National University, Ukraine)

Abstract

The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.

Suggested Citation

  • Veronika Berch & Andriy Lankevych & Yurii Bysaha, 2024. "Trial By Jury As A Guarantee Of Legitimate Decisions: Constitutional, Legal And Economic Principles," Baltic Journal of Economic Studies, Publishing house "Baltija Publishing", vol. 10(2).
  • Handle: RePEc:bal:journl:2256-0742:2024:10:2:4
    DOI: 10.30525/2256-0742/2024-10-2-33-41
    as

    Download full text from publisher

    File URL: http://www.baltijapublishing.lv/index.php/issue/article/view/2409/2405
    Download Restriction: no

    File URL: http://www.baltijapublishing.lv/index.php/issue/article/view/2409
    Download Restriction: no

    File URL: https://libkey.io/10.30525/2256-0742/2024-10-2-33-41?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    jury trial; Constitution; legality of a court decision; criminal orders; orders; corruption; legal liability; economic impact;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bal:journl:2256-0742:2024:10:2:4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Anita Jankovska (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.