Results 11 to 20 of about 3,350 (258)

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

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, Nurhafilah Musa, Mohamad Rizal bin Abd Rahman   +2 more
doaj   +1 more source

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
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
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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

Judicial Discretion in Corporate Bankruptcy [PDF]

Review of Financial Studies, 2009
We study a demand and supply model of judicial discretion in corporate bankruptcy. On the supply side, we assume that bankruptcy courts may be biased for debtors or creditors, and subject to career concerns. On the demand side, we assume that debtors (and creditors) can engage in forum shopping at some cost.
Gennaioli, Nicola, Rossi, Stefano
openaire   +4 more sources

El control jurisdiccional de la discrecionalidad técnica en materia selectiva

Revista Vasca de Administración Pública, 2023
This paper examines the scope of technical discretion of courts of justice within selection procedures in Spain. We set out the basic State legal framework on technical discretion and the need to control this discretion from the perspective of the right ...
Alejandro D. Leiva López
doaj   +1 more source

Grounds for the application of judicial discretion in criminal proceedings

Проблеми Законності, 2014
This paper analyzes the essence of two of the three grounds specified by the author for the use of judicial discretion (discretion) in court proceedings. In particular, investigate the nature of discretionary (ad hoc or discretionary) with respect to the
В. В. Вапнярчук
doaj   +1 more source

Against the Input View of Legal Gaps [PDF]

Archiwum Filozofii Prawa i Filozofii Społecznej, 2019
The goal of this paper is to identify and criticize an intuitive way of thinking about gaps in the law, which I dub “the input view”. In this approach, legal gaps play the role of premises in legal reasoning in the sense that they trigger the application
Tomasz Zyglewicz
doaj   +1 more source

Axiology of Administrative Discretion (gyōsei sairyō) as Well as Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial Control

Studia Iuridica Lublinensia, 2020
In Japan, the Court often examines the technical aspects of administrative discretion if there was a proper decision-making process. Such control could rely too much upon each judges’ viewpoint, which elements in the whole process of administrative ...
Hiroshi Kaneko
doaj   +1 more source