Results 11 to 20 of about 9,159 (244)
RUDN 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
INTERPRETATION AND SPECIFICATION OF LAW STANDARDS AND PRINCIPLES BY THE JUDICIAL BODIES
Известия высших учебных заведений. Поволжский регион: Общественные науки, 2020 Background. Judicial interpretation and concretization of the norms and principles of law have different points of view in theory and practice, but this does not exclude the possibility of their application in judicial proceedings as a means of ensuring
P. A. Guk
doaj +1 more source
The Basis of Constitutional Adjudication in Germany
Fiat Justisia, 2022 The Federal Constitutional Court of Germany plays a pivotal role in upholding judicial independence by safeguarding human rights within the framework of the Basic Law. A comprehensive analysis of the Court's jurisdiction reveals that its primary function
Nge Nge Aung
doaj +1 more source
Constitutional Principles in Bosnia and Herzegovina: Legal Theory and Judicial Deciding
Law: Journal of the University of Latvia, 2018 The basic thesis of this essay is that constitutional principles and legal rules can have a meaning in judicial decision, when legal order imparts significance to judicial practice. Research and analysis of implementation of constitutional principles in
Davor Trlin
doaj +1 more source
The place of law in realization of legal justice and its influence on judicial interpretation A study of the relationship between law and legal rule in Iranian legal system [PDF]
پژوهشنامه حقوق اسلامی, 2014 The Unification of law and legal rule, represents one of the characters of legal positivism on the basis of the legal rule and leads to the unification of law and statute, and can generate state justice and therefore cause the literal interpretation of ...
Mahdi Shahabi
doaj +1 more source
Tafsir Konstitusional Pengujian Peraturan di Bawah Undang-Undang
Jurnal Konstitusi, 2016 Particular problem in judicial review frequently found is there a contradiction between the subsidiary legislation and the constitution. Unfortunately, in several Supreme Court verdict on judicial review, there is no usage of constitutional ...
Inna Junaenah
doaj +1 more source
THE INTERPRETATIVE UNIFORMITY OF LAW: A RETROSPECTIVE ANALYSIS
Revista Eletrônica de Direito Processual, 2021 This article seeks to reconstruct judicial procedures for the standardization of the interpretation of Law employed by Brazilian Civil Procedural Law. The objective of the analysis is to show that the institution of procedures aimed at the formulation of
Cintia Garabini Lages
doaj +1 more source
THE PROBLEM OF INTERPRETATION OF RULE OF LAW IN VIEW POSITIONS OF HIGHEST JUDICIAL INSTANCES
Вестник Северо-Кавказского федерального университета, 2022 The article considers the problem of interpretation of the rules of law in judicial proceeding, offers to identify legal positions of highest judicial instances as acts of official interpretation of material rules.
Anton Viktorovich Pastelnyak
doaj
Judicial practice in the law reality of Russia: experience of a comprehensive research
RUDN Journal of Law, 2021 The legal nature of judicial practice in the context of legal reality is investigated through prism of phenomenological and axiological analysis. The purpose of the research is to form scientifically proved knowledge of the place and judicial practice ...
Andrey V. Skorobogatov +1 more
doaj +1 more source
Authorities of Interpretation of Constitution in Iran and the United States [PDF]
پژوهشنامه حقوق اسلامی, 2008 Although not quite distinct from the general theory of the interpretation of law, interpretation of constitution has a dynamic and prominent quality due to its being equal to the text of constitution and its correlation with socio-political issues. These
tavakol habibzadeh +1 more
doaj +1 more source