Results 31 to 40 of about 327,254 (208)

Some Reasons Courts Have Become Active Participants in the Search for Ultimate Moral and Political Truth [PDF]

, 2015
This short essay was prompted by the increasing delegation to courts of the responsibility for deciding what are basically moral questions, such as in litigation involving human rights conventions, as well as the responsibility for deciding basic issues ...
Christie, George C.
core   +1 more source

CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW

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
doaj   +1 more source

Discretion Versus Modern Technologies and the Resourcefulness of Entrepreneurs (Using Tax Legal Relations as an Example)

Сибирское юридическое обозрение
The article is devoted to the current and highly controversial issues of the actions of executive authorities at their discretion and judicial control over administrative discretion.
M. N. Kobzar-Frolova
doaj   +1 more source

Judical review of discretionary powers in the activity of historical monuments protection bodies. The experience under the case law of Polish administrative courts

Bratislava Law Review, 2018
The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities, all these elements create a kind
Jerzy Parchomiuk
doaj   +1 more source

Assessing Consistency and Fairness in Sentencing: A Comparative Study in Three States [PDF]

, 2008
Summarizes a study of sentencing guidelines in Michigan, Minnesota, and Virginia comparing levels of predictability and judicial discretion under different guideline systems, effectiveness in limiting discriminatory disparities, and lessons ...
Brian J. Ostrom, Charles W. Ostrom, Matthew Kleiman, Roger A. Hanson   +3 more
core  

Features of the German Model of Judicial Review of the Legality of the Exercise of Discretionary Powers by Public Authorities

Сибирское юридическое обозрение
The article analyses the German model of judicial review of administrative discretion exercised by public authorities. The purpose of the study is to identify the normative and institutional features that ensure the model’s functioning within a rule-of ...
A. D. Maile
doaj   +1 more source

Administrative and Judicial Discretion in Procedural Decision Making under the Code of Administrative Offenses of the Russian Federation

Сибирское юридическое обозрение
This article continues the scholarly discussion initiated by Professors Yu. P. Solovey, P. P. Serkov, and S. A. Starostin on the issue of administrative discretion. Drawing on the theoretical framework proposed by Yu. P.
S. V. Schepalov
doaj   +1 more source

The Scope of Discretion in Government Administration Law: Constitutional or Unconstitutional?

Hasanuddin Law Review, 2018
Law No. 30 of 2014 on Government Administration (Government Administration Law) has set the scope of discretion in Indonesian legal system. But the form of discretion is limited in scope government decision (KTUN) and factual actions of the government ...
Victor Imanuel W. Nalle
doaj   +1 more source

Due Process, Fundamental Fairness, and Judicial Deference: The Illusory Difference Between State and Private Educational Institution Disciplinary Legal Requirements [PDF]

, 2011
[Excerpt] “The educational process at a college or university, where students often experience new-found freedom, includes adherence to academic and behavioral standards.
Smith, Paul
core   +1 more source

Pengujian Formal terhadap Putusan Mahkamah Konstitusi: Komentar terhadap Putusan Mahkamah Konstitusi Nomor 145/PUU-XXI/2023

Jurnal Konstitusi
This article discusses issue concerning formal review of Constitutional Court decision. This article comments the Constitutional Court Decision Number 145/PUU-XXI/2023.
Suwarno Abadi
doaj   +1 more source