Results 1 to 10 of about 3,318 (258)

A Child-Centered Framework for Determining Mental Distress Severity and Liability: Evidence from Chinese Judicial Practice [PDF]

Behavioral Sciences
Compensation for mental distress in preschool children is a crucial mechanism for protecting their personality rights, yet current judicial practice in China relies heavily on judicial discretion and lacks child-sensitive standards for determining ...
Qidi Xue, Dongqing Yu, Zexin Zhang
doaj   +2 more sources

HERMENEUTICS FLEXIBLE AND JUDICIAL DISCRETION

Revista Eletrônica do Curso de Direito da UFSM, 2016
This article aims to discuss judicial discretion in the application of legal principles in the context of liquid modernity. This article, through the literature review method, demonstrate the consequences and dangers in the use of interpretative methods ...
Eduardo Augusto Salomão Cambi, Luna Stipp   +1 more
doaj   +3 more sources

Judicial Fact Discretion [PDF]

The Journal of Legal Studies, 2006
Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial judges exercise considerable discretion in finding facts, which explains the practitioners ...
Gennaioli, Nicola, Shleifer, Andrei
  +10 more sources

DISCRETIONARY TRENDS AND CONTRADICTIONS OF LEGAL PRACTICE: INDIVIDUAL MANIFESTATIONS AND OPTIMIZATION TECHNOLOGIES [PDF]

Legal Bulletin, 2022
The article is devoted to the analysis of the negative manifestations of the discretion of subjects of judicial, law enforcement and advocacy as a functionally significant potential determining its systemic and functional trends and contradictions.
VALIEV R.G.
doaj   +1 more source

Continuing the Discussion on Administrative Discretion

Сибирское юридическое обозрение, 2023
The article continues the discussion on the topical issue of administrative discretion for Russian administrative-legal theory and legal practice, organized by the editors of the journal “Siberian Law Review” on the pages of two previous issues of the ...
S. A. Starostin
doaj   +1 more source

Administrative Discretion: Questions and Answers (Part 1)

Сибирское юридическое обозрение, 2023
This material opens a series of scientific publications planned by the editors of the Siberian Law Review journal, the Authors of which analyze the problem of administrative discretion (discretion), which is very relevant for Russian administrative legal
P. P. Serkov, Yu. P. Solovey
doaj   +1 more source

Judicial Review of Taxation Authorities’ Decisions on Reliefs in Payment of Tax Liabilities Based on Administrative Discretion

Studia Iuridica Lublinensia, 2021
The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations ...
Andrzej Niezgoda
doaj   +1 more source

Economic Justification of Judicial Discretion

Studia Iuridica Lublinensia, 2020
The thesis of this article is that judicial discretion can be justified by economic reasons. Therefore, the work is divided into three parts. First, there are presented two basic approaches towards judicial discretion which are present in Polish legal ...
Tomasz Guzik
doaj   +1 more source

CRUISING DOWN THE STREETS OF JUDICIAL DISCRETION: CONSTRUING THE EQUITABLE RELIEF IN COMMON-LAW BANGLADESH [PDF]

სამართალი და მსოფლიო, 2023
Anizman Philip states that discretion starts at the dusk of law and has the potential to inflict justice and injustice. The legal realm of common-law Bangladesh historically evolved from stare decisis, which is mostly discretion in the conventionally ...
Syed Menhazul Bari
doaj   +1 more source

Theory of Administrative Discretion: the Stages of Formation

Сибирское юридическое обозрение, 2023
Administrative discretion is an important construction of modern administrative law, the formation of which in many respects can be viewed as a “struggle” to limit the discretionary powers of the subjects of state administration.
O. N. Sherstoboev
doaj   +1 more source