Results 21 to 30 of about 546,876 (296)

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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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

HERMENEUTICS FLEXIBLE AND JUDICIAL DISCRETION

Revista Eletrônica do Curso de Direito da UFSM, 2016
This article aims to discuss judicial discretion in the application of legal principles in the context of liquid modernity. This article, through the literature review method, demonstrate the consequences and dangers in the use of interpretative methods ...
Eduardo Augusto Salomão Cambi, Luna Stipp   +1 more
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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
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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
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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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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
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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
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Discretionary Powers of the State to Impose Administrative Sanctions to Economic Entities in the Lithuanian Financial Sector: From Administrative Implementation to Judicial Control

Acta Universitatis Lodziensis Folia Iuridica
This article examines the scope and limits of administrative discretion in the application of administrative liability to the economic entities in the financial sector, as well as its judicial oversight in Lithuania.
Paulius Bareika
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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