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Authority in the Common Law [PDF]
SSRN Electronic Journal, 2011 The view that the common law is a body of rules laid down by the courts is, for some of its proponents, implicit in the nature of the law as a system of authoritative guidance, but it has implications that are unattractive in principle and contrary to the conventional understanding of legal reasoning in the common law.
Jaffey, P
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Getting to Know the Other: Niqab-Wearing Women in Liberal Democracies
Religions, 2022 Governments around the world have gone to great lengths to discourage and prohibit wearing of the niqab, often relying on the justification that this form of Muslim women’s dress represents and produces the oppression of women.
Natasha Bakht
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Strani pravni život, 2021 In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language.
Šite Damir A.
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Civil law between law and precedent [PDF]
Megatrend Revija, 2022 The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law.
Nikolova-Marković Aleksandra
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Extent of Governmental Decree Issuance: Comparative Analysis of Imam Khomeini and Shahid Sadr’s Opinions [PDF]
پژوهشنامه متین, 2022 Governmental decree and the authority to issue it has long been the focus of attention of Shia jurists and scholars as reflected in their works. The power of Vali-e-Faqih (Guardian Jurist), as a fully qualified jurist, to issue governmental decree is ...
Majid Qurbanali Doolabi +1 more
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Study and analysis of the functions of al-Urf in understanding and inferring the religious rules [PDF]
Kom: Časopis za Religijske Nauke, 2021 Religious rules in Shiite jurisprudence are inferred from the four sources of the Qur'an, Sunnah, reason and consensus. But, in addition to these sources, some foundations such as common law (al-urf) are also mentioned.
Andalib Hossein +2 more
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AJIL Unbound, 2020 Rampant unilateralism, insistence on national sovereignty, a wariness of multilateral institutions and third-party adjudication—for international trade lawyers, this is the stuff of nightmares.
Wolfgang Alschner
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Ending Exclusion from Refugee Protection and Advancing International Justice
Laws, 2022 In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible ...
James C. Simeon, Joseph Rikhof
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The Windsor Yearbook of Access to Justice, 2011 In this paper, we examine the history of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities and its implications for the equality rights of people with disabilities in education. We specifically consider leading recent
Ravi Malhotra, Robin F. Hansen
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Health and human rights are inextricably linked in the COVID-19 response
BMJ Global Health, 2020 To mitigate the spread of COVID-19, governments throughout the world have introduced emergency measures that constrain individual freedoms, social and economic rights and global solidarity.
Sharifah Sekalala +3 more
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