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The Use of Precedent as Subsidiary Means and Sources of International Criminal Law [PDF]

open access: yesTilburg Law Review, 2013
This article examines the use of precedent in the judgments of international criminal courts and tribunals. It finds that although such courts and tribunals have resorted to external judicial decisions as subsidiary means for the determination of rules ...
Aldo Zammit Borda
doaj   +3 more sources

Treatment-specific interrupted time series analyses of judicial deference to health technology assessment in Brazil [PDF]

open access: yesBMC Health Services Research
Background The use of health rights litigation as a parallel decision-making venue to bypass health technology assessments (HTA) has resulted in unintended inequitable impacts on Latin American health systems since the 1990s.
Mathieu JP Poirier   +8 more
doaj   +2 more sources

The quality of judicial decisions in cases of bullying in professional educational institutions

open access: yesLaw and Safety, 2023
The positions of scholars on the concept of “judicial decision quality” have been examined. Criteria for a high-quality judicial decision include justice, timeliness, justification, clarity, clear language, and an accessible style.
O. G. Yushkevych
doaj   +1 more source

Judicial Oversight on Administrative Decisions in Afghanistan

open access: yesAdministrative and Environmental Law Review, 2022
Administrative decisions in Afghanistan are currently made without the support of written administrative laws or effective mechanisms for judicial oversight due to the national unstable situation from war. This article which is titled “Judicial Oversight
Najibullah Faiez
doaj   +1 more source

THE THEORY AND PRACTICE OF PRECEDENT IN INTERNATIONAL ADJUDICATION: A VIEW FROM UKRAINE

open access: yesAccess to Justice in Eastern Europe, 2021
This article argues that legal pragmatism and realism are the methodological basis for considering the law-making function of international courts. Classical scientific approaches, the representatives of which view courts only as applicators of the ...
Inna Boyko
doaj   +1 more source

Comments on judgments and judicial decisions [PDF]

open access: yesالرافدین للحقوق, 2011
Upon examination and deliberation, he found that the defendant (A.F.A) denied that he committed the crime during the investigation and the trial and there is no evidence against him except the statement of the complainant and the record of the diagnosis.
Saddam Khazaal Yahya
doaj   +1 more source

Judicial Review of the Administrative Court of Justice over the Competition Council and Related Institutions [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2022
The Iranian Competition Law has been introduced under the General Policy Implementation Law of Article 44  of the Constitution. One of the major issues in competition law is the competition body.
Nader Mirzadeh Kouhshahi
doaj   +1 more source

The constitutional court review of judicial decisions [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2016
In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts
Stojanović Dragan M.
doaj   +1 more source

The Principle of Reasoning, Documenting, and Justifying the Opinions of Quasi-Judicial Authorities by Examining Judicial Procedure [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2023
The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in ...
Ali Faghih Habibi   +2 more
doaj   +1 more source

JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT

open access: yesYuridika, 2018
The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues.
Radian Salman   +2 more
doaj   +1 more source

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