Results 11 to 20 of about 546,876 (296)
Hartʼs judicial discretion revisited [PDF]
Revus, 2023 The Harvard Law Review recently, for the first time, published Hart’s essay titled “Discretion”. It is a carefully arranged version of the lecture which he gave at Harvard in 1956. This essay fills significant gap in Hart's work concerning judicial reasoning. In my paper attention is devoted to his conception of judicial discretion, its two main types (
Dajović, Goran, Goran Dajović
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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
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Problema: Anuario de Filosofía y Teoría del Derecho, 2011 El concepto de derecho (1994) de H. L. A. Hart, contiene muchos pasajes que se han convertido en íconos de la teoría jurídica. Este artículo se concentra en el capítulo 7, sección 1 y 2, y en los comentarios que realizara Hart sobre la discreción ...
Roger A. Shiner
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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.
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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
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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
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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
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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
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Judicial Control over Administrative Discretion in Iraq
Hasanuddin Law Review, 2022 Discretionary powers allow administrative authorities to fulfil public interest through their flexibility to act in circumstances not anticipated by law. Yet, in Iraq discretionary power remains contentious as it may undermine individual rights.
Mohammed Noori Ali +2 more
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Limits on the use of judicial discretion in criminal proceedings
Теорія і практика правознавства, 2016 The paper analyzes the essence of application limits of judicial discretion in criminal proceedings. In particular, a certain margin of discretion asked to classify into two groups, legal (the goal and objectives of criminal proceedings, the principles ...
В. В. Вапнярчук
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