Results 51 to 60 of about 630,673 (354)

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

open access: yesBratislava 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

The theory of legal restraints: the actual limits of the judge’s lawmaking power from the perspective of the neorealist theory of interpretation

open access: yesRUDN Journal of Law, 2023
The modern methodology of judicial interpretation is characterized by an apology of the realistic style of judicial interpretation. The basic theses of the realistic theory of interpretation are the voluntarism of the author of official interpretation ...
Daria A. Fatalieva
doaj   +1 more source

Judicial Discretion to Condition

open access: yesSSRN Electronic Journal, 2006
The task of judging has been described as the art or science of making discrete choices among competing courses of action. Charged with the mandate to administer justice fairly and equitably, judges are said to have discretion to pursue any lawful course.
openaire   +3 more sources

Discontinuous Tradition of Sentencing Discretion: Koon\u27s Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The [PDF]

open access: yes, 1999
Can a judge exercise discretion and follow the law? Some think it impossible, seeing discretion as the opposite of law. Others have harmonized the two ideas, viewing discretion as the exercise of judgment according to and within the bounds of the law ...
Weinstein, Ian
core   +1 more source

Development of a Scoring System to Predict the Treatment Success for Nonoperative Management of Peptic Ulcer Perforation: A Secondary Data Analysis of PPAP Study

open access: yesAnnals of Gastroenterological Surgery, EarlyView.
ABSTRACT Background Although surgical treatment is the primary measure for patients with perforated peptic ulcer (PPU), nonoperative management (NOM) has become a common alternative. However, risk score models predicting the success of NOM based on the analysis of a large number of patients remain scarce.
Kei Ito   +12 more
wiley   +1 more source

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

open access: yesHasanuddin 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

Gastric Distension Index: A Novel Radiographic Marker Associated With Postoperative Gastric Stasis After Gastrectomy

open access: yesAnnals of Gastroenterological Surgery, EarlyView.
This study introduces the Hiki Index (HI), a novel radiographic metric based on upright abdominal X‐rays, to objectively assess postoperative gastric dilatation after gastrectomy. The HI demonstrated strong predictive value for gastrointestinal symptoms and the need for therapeutic intervention, offering a practical tool for early detection and ...
Hiroki Harada   +9 more
wiley   +1 more source

From the Ground up: The Use of Minimum Rules in EU Procedural Criminal Law and the Question of Member States' Discretion

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1289-1303 | Article | (Table of Contents) I. A brief journey to the world of minimum rules. - I.1. The origins of minimum rules. - I.2. The current legal framework. - II.
Konstantinos Zoumpoulakis
doaj   +1 more source

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

open access: yes, 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

Superannuation Reimagined: Moving Beyond the Origins to an Indigenous Focus

open access: yesAustralian Journal of Social Issues, EarlyView.
ABSTRACT Retirement income systems, such as superannuation, are meant to be non‐discriminatory and consider disadvantage faced by members of society. There are significant differences between the life expectancies of Indigenous and non‐Indigenous peoples. The gap in life expectancies is not considered when determining when Indigenous peoples can retire.
Levon Ellen Blue   +2 more
wiley   +1 more source

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