Results 11 to 20 of about 11,630 (161)
Precedent and United States Administrative Law
Studia Iuridica Lublinensia, 2018 In the common law order, precedent is not only a matter of applying law but also of making law. The crucial function of stare decisis is to relieve the appearance of judicial arbitrariness.
William A. Edmundson
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Judicial Law-Making in European Constitutional Courts [PDF]
, 2020 This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries:
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The role of case law in judicial decision-making: A sociological perspective [PDF]
Sociologija, 2015 The article attempts to verify a common conception that has by now become an integral part of legal culture in civil law jurisdictions, namely, the conception that despite its unresolved legal status, case law (i.e.
Štajnpihler Tilen
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Utrecht Law Review, 2021 This article accompanies a Roadmap on the judicial use of comparative law, which was developed by judges from different European supreme courts. This document is published in this issue of Utrecht Law Review.
Elaine Mak
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Making Decision in Criminal Proceedings within a General Theory of Forensic Science in Romania [PDF]
Societas et Iurisprudentia, 2022 The judicial process of making decision in criminal cases is, generally speaking, increasingly analysed within a complex framework, one of these being harmonized with principles, and concepts organized along with the forensic activities of investigation.
Andrei Zarafiu
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On the issue of judicial law-making in civil proceedings
Analytical and Comparative Jurisprudence, 2022 The article studies the institution of judicial law-making and its connection with the institution of legislative gaps in the historical and legal context of the development of civil justice. Along with this, the grounds for the emergence of legislative gaps, their types and ways to overcome them during the law enforcement practice of general courts ...
G. P. Timchenko, Yu.A. Kotvyakovsky
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FIRST EXPERIENCE OF PROGRAMMING A COURT DECISION
Russian Journal of Economics and Law, 2017 Objective: Consideration of the computer program model for making a lawful and well-grounded judicial act in order to reduce the times for making the court decision.Methods: universal dialectic-materialistic method, which removes the contradictions of ...
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Globalisation of the National Judiciary and the Dutch Constitution
Utrecht Law Review, 2013 This article examines the changing practices of the Dutch highest courts, the Hoge Raad and the Afdeling bestuursrechtspraak van de Raad van State, under the influence of globalisation, and the constitutional implications of this development.
Elaine Mak
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JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT
Yuridika, 2018 The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues.
Radian Salman +2 more
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Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion
Studia 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
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