THE THEORY AND PRACTICE OF PRECEDENT IN INTERNATIONAL ADJUDICATION: A VIEW FROM UKRAINE
Access to Justice in Eastern Europe, 2021 This article argues that legal pragmatism and realism are the methodological basis for considering the law-making function of international courts. Classical scientific approaches, the representatives of which view courts only as applicators of the ...
Inna Boyko
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The Autonomy Challenge: Examining the Pre-emption Thesis in Judicial Reasoning and Precedent
Precedente, 2023 This article reflects on one of the challenges Gerald Postema’s account of the autonomy thesis poses to Raz’s pre-emption thesis in judicial practice and precedent.
Sandra Gómora-Juárez
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Revista Eletrônica de Direito Processual, 2021 The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards.
Luan Eduardo Steffler
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Jurisprudential standards and judicial interpretation of criminal law; Criticism of the opinion of the General Assembly of the Supreme Court in aggravating the ta'ziri whipping [PDF]
مطالعات فقه و حقوق اسلامی, 2021 The jurisprudential standards have absolutely prohibited the punishment of ta'zir whipping more than the prescribed for Hodud, both in the legislative stage and in the judiciary.
Jalil Omidi, Morteza javanmardi Sahib
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The Difference Between “Delinquency” (Criminality) and “Being Victim” in the Crime of Rape (Study of Judicial Precedent of the City of Mashhad) [PDF]
مطالعات فقه اسلامی و مبانی حقوق, 2023 The theory of “noble and non-noble women” (chaste and non-chaste) analyzes the difference between delinquency and being victim as a feminist theory in the criminology of criminal courts in sexual offences.
Abbas Sheikholeslami +3 more
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Cerebral Aneurysms in Judicial Precedents [PDF]
Journal of Korean Neurosurgical Society, 2018 From November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability.
Lee, Kyeong-Seok +4 more
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Overruling Mahkamah Konstitusi RI terkait Isu Korupsi
Jurnal Konstitusi, 2021 Overruling is a revision of a court’s previous judicial precedent, meaning the court replaces the precedent with a new rule. This article sees that overruling is legitimate to seek constitutional truth.
Ninon Melatyugra +2 more
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Jurnal Konstitusi, 2020 This paper will discuss the consistency of the constitutional court decision in the judicial review cases based on the principle of precedent. MK several times deemed inconsistent because often issued a ruling that is overruling.
Zaka Firma Aditya
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Precedent Ideology and Judicial Legitimacy in Slovenia – An Outline
Studia Iuridica Lublinensia, 2018 Within the broader framework of the discussion of the potential of judicial precedent for statutory legal systems, this paper focuses on certain sociological aspects of the role a system of judicial precedent can have in the functioning of a judicial ...
Tilen Štajnpihler Božič
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Complaining about the Bankruptcy Order from the Point of View of Doctrine and Judicial Practice (Precedent) in the Light of Vote of Judicial Precedent No. 789 [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2021 Complaining about the bankruptcy order is very important as it affects the rights of the interested parties. Before the issuance of unified judicial precedent No.
Majid Bana’i Osku’i
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