Results 21 to 30 of about 2,041 (263)

Judicial Consistency dalam Putusan Mahkamah Konstitusi tentang Pengujian Undang-Undang Penodaan Agama

open access: yesJurnal 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
doaj   +1 more source

Specisics of Judicial Precedent in Common Law and Civil Law Systems (Comparative Analysis).

open access: yesТеорія і практика правознавства, 2016
In the article specifics of judicial precedent in common law and civil law systems has been researched. On the basis of associated stare decisis and jurisprudence constante doctrines comparative analysis of English and continental models of judicial ...
Б. І. Квятковська
doaj   +1 more source

Overruling Mahkamah Konstitusi RI terkait Isu Korupsi

open access: yesJurnal 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
doaj   +1 more source

JUDICIAL PRECEDENT AS A SOURCE OF TAX LAW

open access: yesПравоприменение, 2018
The subject. The article is devoted to analysis of the role of the judicial precedent in the system of sources of tax law.Aim. The aim of this paper is to analyze the essence of national and international judicial precedents in the area of tax law ...
K. A. Ponomareva
doaj   +1 more source

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]

open access: yesFaṣlnāmah-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
doaj   +1 more source

Precedent in the Decision-Making Process. Point of Legal Theory and Judicial Practice

open access: yesStudia Iuridica Lublinensia, 2018
This publication encompasses the presentation of precedent as a legal category in the context of practical (judicial) approach and in the light of the theory of law.
Leszek Leszczyński
doaj   +1 more source

Precedent and United States Administrative Law

open access: yesStudia 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
doaj   +1 more source

Temporal effect of judicial precedent: USA experience

open access: yesТеорія і практика правознавства, 2019
This study focuses on the operation of US case law in time. Currently, the Ukraininan doctrine pays little attention to the experience of the US legal system in this matter.
Олексій Віталійович Пушняк
doaj   +1 more source

Hands off our Intangible Cultural Heritage - Khoin v Jenkins in re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust

open access: yesPotchefstroom Electronic Law Journal, 2023
This case note analyses an appeal decision (Khoin v Jenkins in Re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust [2023] 1 All SA 110 (WCC)) handed down in 2022 by the Western Cape High Court, its ...
Peter Kantor
doaj   +1 more source

The Role of Injured in Police Civil Liability (A Comparative Study in Iranian and English Law) [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2017
Nowadays, in most of  legal systems »contributory negligence« is a one of  the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act.
Habibollah Rahimi   +1 more
doaj   +1 more source

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