Results 11 to 20 of about 3,318 (258)

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

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

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

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

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

Interpretative Discretion of Judiciary and the Well-Being of the Child

Studia Iuridica Lublinensia, 2020
The well-being of the child is a common criterion in many Polish normative regulations pertaining to different branches of law. It is both a tool for the law-making and the executive bodies, employed to direct the law-applying bodies towards ensuring ...
Katarzyna Hanas
doaj   +1 more source

The Discretionary Power of the Court and its Impact on the Lawsuits in Jordan Legal Courts: A Foundational Applied Study

دراسات: علوم الشريعة والقانون, 2023
Objectives: The study aims to demonstrate the Sharia judge’s judicial discretion and this power’s impact on Jordanian Sharia courts’ lawsuits. This study is carried out to display this power, and to emphasize that the adjudications’ impact is the goal ...
Huda Adnan Mohammad Odeh , Ismael Mohammad Hasan Al Barrishi   +1 more
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

On the Origins of Administrative and Judicial Discretion in Russian Administrative and Jurisdictional Activities

Сибирское юридическое обозрение, 2023
The article continues the discussion organized by the journal with the participation of professors Yuri P. Solovey and Petr P. Serkov on the problem of administrative discretion.
S. V. Schepalov
doaj   +1 more source

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   +1 more source