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From criminalization to care: a comparative rights-based policy review of HIV responses in South Asia. [PDF]
Front Public HealthHoogar P.
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Judicial «Law-Making» in the XXI Century
Rossijskoe pravosudie, 2021The article analyses different points of view of Russian and foreign specialists who have studied judicial «law-making». The following conclusion is made: from the position of scientifically grounded concept of integrative legal understanding the courts in the XXI century produce judicial acts, which are individual judicial regulators of legal ...
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Judicial Practice Impact on Law Making
Journal of Russian Law, 2016The article discusses the role of judicial practice in legislative drafting activities, judicial precedent as a source of law, analyzes the problem of revealing legal gaps and contradictions in the current legislation. The author stresses the need for clarification of the term the “right to legislative initiative of the Constitutional Court and the ...
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“Judicial Lawmaking”: pro et contra
Pravosudie / Justice, 2020Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial lawmaking”. Theoretical Basis. Methods.
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2014
Olivecrona maintains that courts necessarily create law when deciding a case. The reason, he explains, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Although he is not explicit about it, he appears to reason that if courts have to evaluate issues of fact or law in order to decide a
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Olivecrona maintains that courts necessarily create law when deciding a case. The reason, he explains, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Although he is not explicit about it, he appears to reason that if courts have to evaluate issues of fact or law in order to decide a
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SSRN Electronic Journal, 2017
The Supreme Court of India, since its constitutional inception, dramatically expanded its role in the realm of rights and governance. Some believe, that through its activism and assertiveness, it has emerged as arguably the most powerful court among democratic polities. Having said this, there appears reasonable suspicion towards it’s intent. The paper
Kiran Gupta, Prakash Sharma
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The Supreme Court of India, since its constitutional inception, dramatically expanded its role in the realm of rights and governance. Some believe, that through its activism and assertiveness, it has emerged as arguably the most powerful court among democratic polities. Having said this, there appears reasonable suspicion towards it’s intent. The paper
Kiran Gupta, Prakash Sharma
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The “Fisheries Case” and Straight Baselines: Judicial Law-Making
1992In retrospect, it is clear that from the third decade of this century on, many political forces were coalescing in a common effort to expand coastal control over increasingly broad areas of the contiguous high seas. Pride of place for the initiative is usually claimed by the Latin American states, but many states and publicists had begun to act and ...
W. Michael Reisman, Gayl S. Westerman
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