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]
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
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The judicial interpretation of the Associated Gas Re-injection Act (Nigeria) with regard to the legality of tax deductions, which are based on the payment of gas flaring fees or penalties, illustrates some of the inconsistencies between the legality of ...
A. Okoye
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Tafsir Konstitusional Pengujian Peraturan di Bawah Undang-Undang
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
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THE INTERPRETATIVE UNIFORMITY OF LAW: A RETROSPECTIVE ANALYSIS
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
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THE PROBLEM OF INTERPRETATION OF RULE OF LAW IN VIEW POSITIONS OF HIGHEST JUDICIAL INSTANCES
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
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Judicial practice in the law reality of Russia: experience of a comprehensive research
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
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Authorities of Interpretation of Constitution in Iran and the United States [PDF]
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
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Uniform Interpretation and Application of the Rules of Law in Civil and Arbitration Proceedings: Factors of Influence [PDF]
One of the most important tasks facing the judicial system is to achieve uniformity in judicial practice. Its absence makes law enforcement activity unpredictable, which not only complicates the activities of the subjects of procedural legal relations ...
Konstantin S. Ryzhkov
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Antonin Scalia’s Textualism in philosophy, theology, and judicial interpretation of the Constitution
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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This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration ...
Alejandro Fuentes, Marina Vannelli
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