Results 51 to 60 of about 321,908 (232)

Judicial discretion in criminal law policy. Changing the category of a crime by the court

open access: yesRussian Journal of Economics and Law
Objective: to study the issue of the optimal scale of judicial discretion in Russian criminal legislation and to develop scientifically grounded proposals for improving legal regulation in this area.Methods: dialectical materialism, which involves ...
V. A. Maslov
doaj   +1 more source

Exclusivity and comprehensiveness of Law. Some reflections on the open nature of legal systems

open access: yesEunomia, 2020
This paper analyzes the possible meaning and plausibility of two well-known theses: exclusivity and comprehensiveness of law. According to the first, the positive norms exhaust the content of the law, while the second expresses that legal systems always ...
Pablo E. Navarro
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

Judging Values and Participation in Mental Capacity Law

open access: yesLaws, 2019
Judges face a challenging task in determining the weight that ought to be accorded to the person (P)’s values and testimony in judicial deliberation about her capacity and best interests under the Mental Capacity Act 2005 (MCA).
Camillia Kong   +3 more
doaj   +1 more source

Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion

open access: yesStudia Iuridica Lublinensia, 2020
In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019.
Piotr Szczekocki
doaj   +1 more source

Judicial discretion

open access: yes, 1977
Bibliography: p. 186-188.
openaire   +2 more sources

Judicial review of administrative discretion in the Czech Republic in the view of development, including europeisation effects

open access: yesČasopis pro Právní Vědu a Praxi, 2008
In the field of judicial review, a specific area is reviews of those decisions of administrative bodies that are issued within their discretionary power (administrative discretion).
Soňa Skulová
doaj  

Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

open access: yes, 2014
One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed
S. Mallett
semanticscholar   +1 more source

Judicial Discretion in Sentencing

open access: yesFederal 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   +3 more sources

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