Judicial interpretation of legal texts: a study in Jordanian legislation
Cogent Social SciencesWhen applying legal texts to the facts of a case, these texts may conflict with each other, or the conflict may exist in the same text, or they may be obscured or deficient. It is incumbent upon the judge to interpret these texts and remove the conflict,
Mashal Mufleh Jarrah +2 more
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Antonin Scalia’s Textualism in philosophy, theology, and judicial interpretation of the Constitution
Utrecht Law Review, 2007 Textualism or Originalism, as defended by Justice Antonin Scalia of the U.S. Supreme Court, is a normative doctrine of method according to which the judicial interpretation of statutes and of the Constitution should aim at establishing the original ...
Herman Philipse
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Judicial Interpretation of Human Dignity by Hong Kong’s Courts
SAGE Open, 2022 This study employed empirical, case, and comparative analysis methods to examine how Hong Kong’s courts have judicially interpreted the concept of human dignity.
Taixia Shen
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Multilingual Law and Judicial Interpretation in the EU
Croatian Yearbook of European Law and Policy, 2009 The purpose of this article is to assess how multilingualism affects judicial interpretation of EU law. In the EU, the European Court of Justice is in the position of having the final say on what EU norms mean.
Tamara Ćapeta
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Foundations, Functions, and Place of Ethical Principles of Judicial Interpretation in the Iranian Legal System [PDF]
پژوهشنامه حقوق اسلامی, 2023 ∴ Introduction ∴ This article delves into the intricate relationship between law and ethics within the Iranian legal system, exploring the foundations, functions, and significance of ethical principles in the judicial interpretation process.
Ahmad Ehsani Far +1 more
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Comparative Legilinguistics, 2020 Prototype theory is a semantic theory according to which the membership of conceptual categories is based not on a list of criterial features, but rather on the similarity to the most representative member of the category.
Zeifert Mateusz
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Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2019 The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure ...
Reza Najafi +2 more
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Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal Interpretation [PDF]
Archiwum Filozofii Prawa i Filozofii Społecznej, 2022 The aim of this article is to ascertain whether in the Polish legal culture in which precedent is not a legislative fact, it can become an argument in the process of judicial interpretation. The article posits that an analysis of precedent as an argument
Agnieszka Choduń
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Roadmap on Comparative Law in the Case-Law and Practice of the Supreme Courts of the EU
Utrecht Law Review, 2021 This document was developed following research and debates of the Network of Presidents of the Supreme Judicial Courts of the European Union. The document is intended to support the courts in this network in a practical way when considering and ...
Maarten Feteris
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Judicial Exposition of Gender Justice as a Constitutional Mandate: A Narrative from India
Brawijaya Law Journal, 2020 The catalytic role played by the Indian judiciary in providing visibility to the ‘covert social prejudices’ against females has succeeded in alleviating the condition of women in our patriarchal society. This paper strives to highlight the proactive role
Shipra Gupta
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