Results 31 to 40 of about 630,673 (354)

Bureaucracies Under Judicial Control? Relational Discretion in the Implementation of Immigration Detention in Swiss Cantons

Administration & Society, 2021
Based on interviews with bureaucrats and judges in several Swiss cantons, this article analyzes how bureaucrats decide to order immigration detention and how the judicial review shapes their decisions. The authors argue that discretionary decision-making
Jonathan Miaz, Christin Achermann
semanticscholar   +1 more source

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
doaj   +1 more source

Administrative Discretion, Administrative Rule-Making and Judicial Review [PDF]

, 2017
Aileen McHarg
openalex   +2 more sources

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

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

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

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
semanticscholar   +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

Seek Justice, Not Just Deportation: How to Improve Prosecutorial Discretion in Immigration Law [PDF]

, 2014
Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of ...
Corcoran, Erin B.
core   +3 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