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Dialektika kontemporer
Published by Universitas Negeri Makassar
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Social Sciences
Arjuna Subject : -
Articles 13 Documents
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Search results for , issue "Vol 12, No 2 (2024)" : 13 Documents clear
“Covering the Field” In Justice System: The Ethical Foundation for Reliance on Scientific and Technologically Driven Justice Delivery Nyeenenwa, Stephen
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 12, No 2 (2024)
Publisher : dialektika kontemporer

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Abstract

The hallmark of a good justice delivery system is one that is unbiased, fast, timely, impartial and efficient in the determination of issues brought to court. “Justice delayed is justice denied” is an assertion that places emphasis on why the courts should be a timely, effective and efficient arbiter of cases brought before them occasioned by its delivery of the final verdict. The court cannot perform magic, because they depend on the working tools and materials its disposal in the adjudication of disputes. Over the years, we have come to know that the problems that bedevil our judiciary system are enormous, and include the massive backlog of cases, poor maintenance of e-courts records, the judiciary’s non digitalisation, partiality, an unsavoury harvest of needless delaying interlocutory appeals, executive interference, disobedience to court orders and lack of total independence of the judicial arm of government. We are similarly aware of the damaging effects caused by poor case management, legal research, document automation, online dispute resolution, access to justice, legal analytics, e-discovery, e-filing, artificial-enabled referencing and online hearings. I will in this article seek to unravel how the courts and security agencies can successfully harness technological innovations in overcoming and resolving the intractable ills that have for long dogged the judiciary. Such ills include because I believe that deploying an adequate data-based planning and safeguards, technological tools can be a game changer. This paper knows and takes these problems as given, hence I am minded to examine the ethical foundation in support of the court’s reliance on scientific and technologically driven justice, especially, with the explosion in the evolution and utility of science, technology and the all-pervasive artificial intelligence. The ethical application of scientific, technological and artificial intelligent (AI) tools in crime investigation, court and criminal administration is what is needed to translate into covering the field in justice delivery in Nigeria. This is what will bring out the true meaning of justice, justice for the both parties, and justice for the Courts. We conclude that the introduction and statutory validation of the utilisation of scientific and technological tools in the administration of justice would deliver to us a holistic overhaul of the judicial system, covering the initiation, hearing and quick determination of cases by the courts.
The Impact of Populism on International Law: A Case Study of Nigeria's Role in Regional and Global Governance Nabiebu, Miebaka; Ekpo, Mokutima Etido; Agube, Ntamy
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 12, No 2 (2024)
Publisher : dialektika kontemporer

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Abstract

The rise of populism represents a profound challenge to constitutionalism, democracy, and the rule of law, both within nations and across the global stage. Populist governments increasingly undermine the foundations of international law, multilateralism, and the legitimacy of international legal agreements. This article explores the dangers posed by populism to the international legal order, focusing on its impact on international institutions, non-governmental organizations (NGOs), and the broader framework of global cooperation. Populist regimes often frame international law as a tool for coordination and intervention, eroding its role in safeguarding human rights and fostering collective agreements among nations. By examining these dynamics, this article highlights the growing threat of populism to the international community and proposes strategies to mitigate its effects.
Legal Structuring of Public Infrastructure Projects: A Practical Guide for Government Lawyers and Project Teams Ayibam, Joanna Nyaposowo
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 12, No 2 (2024)
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Abstract

Public infrastructure projects are critical to economic development, yet their success often hinges on effective legal structuring to mitigate risks and ensure compliance. Government lawyers and project teams face multifaceted legal challenges, from procurement and contract negotiations to risk allocation and dispute resolution. This paper provides a practical guide to navigating the legal complexities of infrastructure projects, emphasizing the importance of early legal intervention in project planning and execution. The first section explores the intricate legal landscape of infrastructure projects, highlighting the interplay between procurement laws, contract laws, and public-private partnership (PPP) frameworks. Subsequent sections analyze common legal pitfalls, such as ambiguous contractual terms, non-compliance with regulatory requirements, and inadequate risk-sharing mechanisms. Special attention is given to drafting robust dispute resolution clauses to minimize litigation delays and costs. Additionally, the paper underscores the pivotal role of legal advisors in contract review, risk assessment, and ensuring alignment with governmental policies. By integrating legal expertise from the outset, project teams can enhance transparency, accountability, and project sustainability. The conclusion reinforces the argument for proactive legal involvement, demonstrating how early engagement can prevent costly disputes and foster successful project outcomes. This guide serves as a valuable resource for government lawyers, policymakers, and infrastructure project teams seeking to strengthen legal frameworks and optimize project delivery.

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