Results 41 to 50 of about 327,254 (208)

The dual dimension of the European Social Charter and its effects on the rules on protection against unlawful dismissals

open access: yesItalian 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

Judicial Control over Administrative Discretion in Decision-Making, Actions (Inaction) by Executive Authorities, Other Bodies with Administrative and Public Powers, and Their Officials

open access: yesСибирское юридическое обозрение
This article examines the nature, forms, and methods of exercising administrative discretion by administrative authorities in the performance of their law-enforcement functions, as well as the criteria used by courts to assess the legality and ...
P. I. Kononov
doaj   +1 more source

Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System

open access: yesBaltic Journal of Law & Politics, 2019
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 ...
Parchomiuk Jerzy
doaj   +1 more source

An Empirical Study of Property Divisions at Divorce [PDF]

open access: yes, 2017
Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks.
Ryznar, Margaret
core   +1 more source

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions [PDF]

open access: yes, 2011
This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer\u27s assessment of the defendant\u27s needs.
Schraa, Eugenia
core   +1 more source

Discretionary Administrative Acts of Territorial Planning and Urban Development Zoning of Municipal Entities

open access: yesСибирское юридическое обозрение
The paper analyzes the legal regulation of the limits of public authority discretion in territorial planning and urban development zoning of municipal entities, defines the limits of judicial control over bills issued by the relevant authorities.
S. S. Kustov
doaj   +1 more source

‘Structuring’ Judicial Sentencing Discretion

open access: yesAlternative Law Journal, 2014
Until quite recently, most Australian jurisdictions gave statutory force to the principle of imprisonment as a sanction of last resort, reflecting its status as the most punitive sentencing option open to the court.1 That principle gave primary discretion as to whether incarceration was the most appropriate means of achieving the purpose of a sentence ...
Stobbs, Nigel   +2 more
openaire   +2 more sources

A Common Law for the Statutory Era: The Right of Publicity and New York\u27s Right of Privacy Statute [PDF]

open access: yes, 1987
This note compares New York\u27s privacy statute with the common law right of publicity. The article first traces the history of each law, then goes on to compare their effects.
Kessler, Frederick R.
core   +1 more source

JURISLINGUISTIC POINT OF VIEW ON LEGAL HERMENEUTICS (based on the electoral disputes)

open access: yesВестник Кемеровского государственного университета, 2016
Given the potential for conflict of legal and jurislinguistic hermeneutics, the author examines in this perspective the little-studied object of electorial disputes.
E. S. Кara-Murza
doaj   +1 more source

Discretion, Due Process, and the Prison Discipline Committee [PDF]

open access: yes, 1985
A revised version of this paper was published as: Schafer, N.E. (1986). "Discretion, Due Process and the Prison Discipline Committee." Criminal Justice Review 11(2): 37–46 (Fall 1986).
Schafer, N. E.
core  

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