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Judicial Deference under the Human Rights Act
Judicial deference to the other branches of government has become a common judicial technique in cases arising under the Human Rights Act. The author outlines the current approach of British courts in deciding when to defer, arguing that it is flawed and
Richard A Edwards
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Problems of Verification of Judicial Acts
Rossijskoe pravosudie, 2022The scientific article analyzes the socialist justice of the period of developed socialism (1960–1990s). Based on the theoretical studies of Soviet scientists and the legislation in force at that time, the concept of socialist justice was formulated. Taking into account the historical periodization of the Soviet state in 1960–1991.
Nikolaj A. Petukhov +1 more
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SSRN Electronic Journal, 2011
Acts are either judicial or executive or legislative or administrative and there is marked difference between them. In the field of evidence the question of presumption of truth is involved. In this paper an attempt has been made to explain the nature of a judicial act in the light of law of evidence and the precedents in Pakistani context.
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Acts are either judicial or executive or legislative or administrative and there is marked difference between them. In the field of evidence the question of presumption of truth is involved. In this paper an attempt has been made to explain the nature of a judicial act in the light of law of evidence and the precedents in Pakistani context.
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Judicial Approaches to the Human Rights Act
International and Comparative Law Quarterly, 2003The case law generated in just over two years' operation of the Human Rights Act 1998 (HRA), enables stocktaking rather than definitive appraisal.1 This article begins by recalling the markedly contrasting roles in United Kingdom law of the European Convention on Human Rights (ECHR) before and after the HRA, the better to appreciate judicial approaches
Bonner, D. +2 more
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The Congressional Review Act and Judicial Review
SSRN Electronic Journal, 2021Pending before the Supreme Court of the United States is a certiorari petition in a case entitled Kansas Natural Resources Coalition v. U.S. Department of Interior (KNRC). KNRC involves the issue of whether an agency’s refusal to comply with the requirements imposed on agency rulemaking set forth in a federal statute known as the Congressional Review ...
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Judicial Supervision of Administrative Acts
Soviet Law and Government, 1979Citizens of the USSR enjoy a broad range of socio-economic, political, and personal rights. State organs, social organizations, and officials have the function of protecting those rights and respecting persons. The idea of strengthening the legal foundation of state and social life is clearly expressed in the USSR Constitution: "The Soviet state and ...
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Judicial Control of Failure to Act
1996Articles 173 and 175 (for the text of these provisions see 11.2) are intended to provide complementary remedies; acting illegally and illegally failing to act should be two sides of the same coin. Non-privileged applicants with limited standing under Article 173 should be unable to sue in respect of a failure to adopt a legislative act which they would
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