Results 21 to 30 of about 6,543 (304)

Jurisdiction of the Administrative Justice Court about the Review the Revision Request that Made by the Government into the Vote of Exceptional Administrative Authorities: According to the Decision of Unity Procedure Number 792 dated 1399/4/24 of the Supreme Court. [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2022
Article 10 (2) of the Law on the Organization and Procedure of the Administrative Justice Court determines the competence and ranges of the Court's powers to deal with and investigate objections and complaints against the final decisions of exceptional ...
Hossein KAVIAR
doaj   +1 more source

Dimensions of precedent : a methodology to understand the doctrine of precedent

open access: yes, 2021
Resumen: El artículo propone una metodología de abordaje del precedente que consiste en la delimitación y análisis de diferentes dimensiones en las que el precedente judicial se manifiesta.
Ratti Mendaña, Florencia Soledad
core   +1 more source

The Use of Precedent as Subsidiary Means and Sources of International Criminal Law

open access: yesTilburg Law Review, 2013
This article examines the use of precedent in the judgments of international criminal courts and tribunals. It finds that although such courts and tribunals have resorted to external judicial decisions as subsidiary means for the determination of rules ...
Aldo Zammit Borda
doaj   +1 more source

Foreign Precedents in Judicial Argument: A Theoretical Account [PDF]

open access: yesSSRN Electronic Journal, 2014
Recourse to precedents in legal adjudication is a source of intriguing theoretical challenges and serious practical difficulties. That is especially so when we have to do not with domestic precedents but with foreign ones, that is, with decisions taken by foreign courts and international judicial institutions, particularly when there is no formal ...
S. Bertea, SARRA, CLAUDIO
openaire   +2 more sources

Adversarial, cooperation and precedent: the expansion of process dialogue on the perspective of the new Civil Procedure Code

open access: yesRevista Eletrônica de Direito Processual, 2015
The research objective ascertain, from the perspective of the reasoning of judicial decisions, the institutionalization of a precedents system has the power to extend the procedural debate, as well as the substantial adversarial and the dialogue duty ...
Pablo Freire Romão   +1 more
doaj   +1 more source

JUDICIAL PRECEDENT IN CRIMINAL PROCEEDINGS: REJECTING STEREOTYPES AND ILLUSIONS

open access: yesПравовое государство: теория и практика
The attention of legal science to the issue of sources of law does not weak. Among such sources, judicial precedent, including all judicial practice, is consistently considered. The debate on the need to «legalize» the precedent in Russia, to transfer it
ILYUTCHENKO Nataliya Vladimirovna
doaj   +1 more source

JUDICIAL PRECEDENT, A LAW SOURCE [PDF]

open access: yesChallenges of the Knowledge Society, 2017
The role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the ...
Elena ANGHEL
doaj  

DUTY TO STATE REASONS AND PRECEDENTS IN THE NEW CPC: AN ANALYSIS IN THE LIGHT OF THE CONSTITUTIONAL MODEL OF PROCESS

open access: yesRevista Eletrônica do Curso de Direito da UFSM, 2018
This paper aims to combine the rules of state reasons imposed by the New CPC with the systematic of judicial precedents, based on the paradigms of the new constitutional model of process.
Marcelo Negri Soares   +2 more
doaj   +1 more source

Judicial lawmaking and precedent in Supreme Courts [PDF]

open access: yes, 2011
What does it mean for a supreme court to ‘make law?’ When is it possible to say that its decisions are ‘precedents?’ To what extent should a supreme court’s pronouncements be taken into account by others – lower courts and political branches?
Komárek, Jan
core   +2 more sources

Review of a Monograf by V.N. Safonov «Constitutional Law-Making in the US Suprime Court Activity. Historical-Legal Reaserch». Moscow: Prospect Publ., 2018

open access: yesRUDN Journal of Law, 2018
The monograph observes the problems of the US Supreme Court law-making activity in sphere of interpreting the federal Constitution. Tendencies of the American constitutional, common and precedent law development are shown in historical and theoretical ...
Marina V Nemytina
doaj   +1 more source

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