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This chapter considers the catalyst for developing specialist problem-solving courts across Australia. It charts their emergence and assesses their evolution from tentative beginnings to the critically important role they play within the contemporary ...
Schaefer, L, Egan, C
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The Court of Justice of the E.U.: A Contextualist Court
University of Bologna Law Review, Vol. 8 No. 2 (2023)
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Additional guarantees of the tax penalty [PDF]
Tax legislation has increasingly focused on stipulating certain basic guarantees necessary to achieve adequate tax revenue during the process of determining income tax, collecting it, and transferring it to the public treasury.
Yassin Al-taie, Zainab Jassim
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Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous decay are heavily
Katarína Šipulová, David Kosař
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Informality as a Virtue: Exploring Positive Informal Judicial Institutions
Most scholarly writings focus on the harmful effects of informal institutions. This article explores the positive influence of informal judicial institutions on the fundamental values of judicial systems.
Hubert Smekal
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EU’s ‘Victims’ Directive’ – a legal act for a cultural change?
The article looks at safeguarding points in Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and if and how some European ...
Bernt Bahr, Jenny Ellen Melum
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Constitutional Conventions Concerning the Judiciary beyond the Common Law
Constitutional conventions are traditionally understood as socially binding, usually unwritten, rules of constitutional importance based on precedent which cannot be enforced before courts.
David Kosař, Attila Vincze
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JUDICIAL INDEPENDENCE IN A DEMOCRACY: Reflections on Impeachments in America and the Philippines*
On May 11, 2018, Maria Lourdes Sereno was removed from office as the Chief Justice of the Supreme Court of the Philippines. She had been a vocal critic of controversial President Rodrigo Duterte, and he had labeled her as an “enemy.” While she was ...
David C. Steelman
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Framing sex trafficking as primarily a law enforcement and criminal justice issue, the U.S. State Department funds global South NGOs to work with the Indian legal system to strengthen prosecutions of sex trafficking cases. Though rescuing sex workers and
Vibhuti Ramachandran
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The German Federal Constitutional Court (FCC) states in its (already) infamous PSPP judgment that “the specific manner in which the CJEU applies the principle of proportionality in the case at hand renders that principle meaningless for the purposes of distinguishing, in relation to the PSPP, between monetary policy and economic policy” (par. 127).
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