Results 21 to 30 of about 321,908 (232)
Russian Judicial System in the Light of Public Policy (“Political Field” versus “Zone of Power”) [PDF]
Антиномии, 2021 The article describes the functioning of the Judiciary as an element of the political system of modern Russia. The characteristics of the activities of the courts are manifested through the mechanism of judicial discretion, within the framework of ...
Fedor A. Voscresensky
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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
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Judicial Discretion as a Result of Systemic Indeterminacy
Canadian Journal of Law & Jurisprudence, 2020 The topic of ‘judicial discretion’ has been at the center of the debate on legal interpretation in the philosophy of law.1 In a general sense, ‘discretion’ here refers to the exercise of a judgment by a decision-maker due to the lack of legal constraints
Sebastian Reyes Molina
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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
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Quality of Granting and Execution of judicial representation in Iranian Judicial Authorities [PDF]
پژوهشهای حقوقی, 2023 In the judicial process in judicial authorities, judicial official performs the judicialand legal (civil) matters. Granting of judicial representation will involve at least two judicial authorities in the judicial process.
Reza Jorjandi Moghaddam
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Italian Labour Law e-Journal, 2021 This contribution deals with the influence of the European Social Charter on the sanctioning legal regime of unlawful dismissals. In particular, the dialogue between the system of the Social Charter and constitutional jurisprudence appears to be of ...
Alessandro Giuliani
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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
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Problems of Legal Certainty and Judicial Discretion when Applying Legal Provisions on Abuse of Right
, 2020 This article is devoted simultaneously to several problems of civil law: abuse of right, judicial discretion, legal strength and certainty, each of them deserves separate research attention. At the same time, the author considers them together, since the
E. Usoltsev
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Revista Eletrônica de Direito Processual, 2018 THIS essay, under a hermeneutic-phenomenological “method”, will reflect upon the tradition of the disposition principle (legal principle which states that the judge cannot produce evidence ex officio), aiming to unveil that said principle was ...
Igor Raatz, William Galle Dietrich
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RUDN Journal of Law, 2023 The modern methodology of judicial interpretation is characterized by an apology of the realistic style of judicial interpretation. The basic theses of the realistic theory of interpretation are the voluntarism of the author of official interpretation ...
Daria A. Fatalieva
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