Results 41 to 50 of about 11,630 (161)

THE ROLE OF THE US SUPREME COURT IN THE LEGAL SYSTEM

Хабаршы. Заң сериясы, 2019
The purpose of the article on the topic of judicial law-making in the USA, which attempts to invade the educational process and intensify the study of the History of State and Law of Foreign Countries, is devoted to the US Supreme Court – the ...
Makhambetsaliyev D.B., Otynshiyeva A.A., Isabekov A.K., Castellino J.   +3 more
doaj  

The nature and limits of judicial law-making

Analytical and Comparative Jurisprudence
The article is devoted to the study of a fundamental problem of jurisprudence – the correlation between judicial interpretation and judicial law-making. The relevance of the topic is driven by the necessity to rethink the role of the judge amid the transformation of the national legal system associated with its integration into the European legal space.
openaire   +3 more sources

The Role of Judicial Precedents in Japanese Law-Making Process – on the Japanese Civil Code (Law of Obligation) Reform

Studia Iuridica Lublinensia, 2018
Despite the fact that the Japanese legal system is based on legal provisions, the precedent law plays an essential role in this country. Therefore, judicial judgments exert impact on both the judicial and the academic practice.
Yachiko Yamada
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Interpretation and Institutional Choice at the WTO

Oñati Socio-Legal Series, 2011
This article develops the framework of comparative institutional analysis for assessing the implications of judicial interpretation in the World Trade Organization (WTO).
Gregory Shaffer, Joel Trachtman
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The Role of the ICJ in the Development of International Law [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2014
Absract In its normal practice the ICJ settles International disputes exclusively in accordance with International law and where there is an absence of law, it abstains to make new laws as to substantiate its decision.
Homayoon Habibi, Soodeh Shamloo
doaj  

Law enforcement and law-making aspects of justice

RUDN Journal of Law, 2014
The author traces the evolution of the concept of «justice» of the Soviet legal science to modern Russian. The article justice considered as a function judicial authority, which combines elements of law enforcement and law-making.
A V Kornev
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Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making [PDF]

International and Comparative Law Review, 2015
Abstract Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be ...
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The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" [PDF]

NBP: Nauka, bezbednost, policija
The paper analyses the relationship between law and rhetoric and their intersection areas, particularly focusing on the significance of rhetoric in contemporary judicial proceedings.
Avramović Dragutin, Jovanov Ilija
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ECtHR: Bădescu and Others v. Romania (Application No. 22198/18, 15 April 2025)

Bratislava Law Review
The criminal liability of judges is significantly limited by judicial independence, of which the criminal immunity of judges constitutes one of its facets.
Ján Svák
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Swinging between Finding and Justification: Judicial Citation and International Law-Making [PDF]

SSRN Electronic Journal, 2017
Based on the ever-increasing interpretation and application of international law by domestic courts, this paper offers an insight into the practices of judicial citation of international and domestic jurisdictions while adjudicating international criminal law related matters.
openaire   +3 more sources