Results 11 to 20 of about 630,673 (354)

The Role of Judicial Discretion in Dispute Settlement [PDF]

SSRN Electronic Journal, 2008
We consider two common modes of judicial resolution: judicial discretion, where the judge or jury has broad discretion in fashioning a remedy, and winner take all where the remedy is pre-determined by the governing substantive law. We analyze these systems in light of the fact that pre-trial bargainers have been shown to have excessive confidence in ...
Andreoni, James, Madoff, Ray D.
openaire   +5 more sources

Porque a discricionariedade é um grave problema para Dworkin e não o é para Alexy / Why judicial discretion is a problem to Dworkin but not to Alexy

, 2013
DOI 10.12957/dep.2013.8350 Resumo Em tempos pos-positivistas seria a discricionariedade (ainda) um problema? Na tentativa de desenvolver propostas teoricas rupturais ao Juspositivismo, a resposta a esta indagacao assume significativa importância.
Lênio Luiz Streck
openalex   +3 more sources

Judicial Review of Administrative Discretion: Theory, Legislation, and Law Enforcement Practice (Overview of the All-Russian Research-to-Practice Conference)

Сибирское юридическое обозрение
The overview presents the main provisions of the reports delivered at the All-Russian Researchto-Practice Conference “Judicial Review of Administrative Discretion: Theory, Legislation, Law Enforcement Practice”, held on 30 May 2025 at the private ...
Yu. P. Solovey
doaj   +2 more sources

Administrative and Judicial Discretion in Procedural Decision Making under the Code of Administrative Offenses of the Russian Federation

Сибирское юридическое обозрение
This article continues the scholarly discussion initiated by Professors Yu. P. Solovey, P. P. Serkov, and S. A. Starostin on the issue of administrative discretion. Drawing on the theoretical framework proposed by Yu. P.
S. V. Schepalov
doaj   +2 more sources

Judicial discretion in criminal law policy. Changing the category of a crime by the court

Russian Journal of Economics and Law
Objective: to study the issue of the optimal scale of judicial discretion in Russian criminal legislation and to develop scientifically grounded proposals for improving legal regulation in this area.Methods: dialectical materialism, which involves ...
V. A. Maslov
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 Discretion in Sentencing: A Justice System that is No Longer Just? [PDF]

, 2014
One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed
Sean Mallett
openalex   +2 more sources

Judicial Discretion and the Minimum Statutory Sentence for Migrant Smuggling through Indonesia [PDF]

, 2018
Wayne Palmer, Antje Missbach
openalex   +2 more sources

'Effective Judicial Review Is of the Essence of the Rule of Law': Challenging Common Foreign and Security Policy Measures Before the Court of Justice [PDF]

European Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 671-697 | Article | (Table of Contents) I. Introduction. - II. The legal framework. - III. Limiting the Court's jurisdiction. - IV. The Exception: judicial review of CFSP
Marise Cremona
doaj   +3 more sources

Discretion and Disparity of Judicial Decisions [PDF]

Proceedings of the The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia, 2019
Amiek Soemarmi, Erlyn Indarti, Pujiyono Pujiyono   +2 more
openalex   +3 more sources