Results 41 to 50 of about 630,673 (354)
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
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
doaj +1 more source
Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion
Studia Iuridica Lublinensia, 2020 The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication.
L. Leszczyński
semanticscholar +1 more source
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
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
doaj +1 more source
Rule of Law and Judicial Discretion: Their Compatibility and Reciprocal Limitation
, 2018 The aim of this work is to throw some light upon the compatibility between the rule of law desiderata and the phenomenon of judicial discretion. In order to achieve this, first it is necessary to determine what we understand by the terms "rule of law ...
J. B. Etcheverry
semanticscholar +1 more source
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 +5 more sources
Federal Policy Making By Consent Decree: An Analysis of Agency and Judicial Discretion
, 2018 A core lesson of modern administrative law is that our government of laws is profoundly a government of discretion. Many significant federal administrative decisions are not subject to any great procedural constraint as to their timing, origination, or ...
P. Shane
semanticscholar +1 more source
Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing
The Journal of Legal Studies, 2015 The federal sentencing guidelines were created to reduce unwarranted sentencing disparities among similar defendants. This paper explores the impact of increased judicial discretion on racial disparities in sentencing after the guidelines were struck ...
Crystal S. Yang
semanticscholar +1 more source
Judicial Discretion in Sentencing
Federal Sentencing Reporter, 1991 The role of judicial discretion in the sentencing process is a fundamental and inescapable issue. It tends to become obscured by other issues, such as determinancy and penal policies. When it does come to the public's attention, it is usually in a context of controversy over what a judge has done.
openaire +5 more sources