Results 21 to 30 of about 327,254 (208)

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
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Administrative Procedural Principles of Judicial Control over Administrative Discretion

Сибирское юридическое обозрение
Judicial administrative law is presently taking shape in the Russian Federation under the influence of constitutional norms. Its primary task is the adjudication of administrative cases by courts of general jurisdiction within the framework of the Code ...
V. A. Zyuzin
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Understanding judicial discretion

Law and Philosophy, 1982
The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise
openaire   +4 more sources

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 (
openaire   +2 more sources

Grounds for Judicial Intervention in Administrative Discretion in Considering Cases of Administrative Offenses

Сибирское юридическое обозрение
Drawing from judicial practice, the article addresses the theoretical question of the procedural situations under the Code of Administrative Offenses in which courts intervene in the discretion of administrative authorities.
S. V. Schepalov
doaj   +1 more source

Decision or norm: Judicial discretion as a treat to the rule of law [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu, 2012
Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range.
Avramović Dragutin
doaj   +1 more source

Discontinuous Tradition of Sentencing Discretion: Koon\u27s Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The [PDF]

, 1999
Can a judge exercise discretion and follow the law? Some think it impossible, seeing discretion as the opposite of law. Others have harmonized the two ideas, viewing discretion as the exercise of judgment according to and within the bounds of the law ...
Weinstein, Ian
core   +1 more source

Gender inequality and judicial discretion in Muslims divorce of Indonesia

Cogent Social Sciences, 2023
Divorce of Muslims should be carried out in court, as opposed to the classical fiqh teachings still adhered to in some countries. In practice, this process is still gender biased and detrimental to women.
Ramadhita Ramadhita, Mahrus Ali, Bachri Syabbul   +2 more
doaj   +1 more source