Results 31 to 40 of about 2,041 (263)
The Use of Precedent as Subsidiary Means and Sources of International Criminal Law
Tilburg 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
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Judicial Deference to Executive Precedent
Yale Law Journal, 1992 Thomas W Merrill
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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]
Faṣlnāmah-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
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Foreign Precedents in Judicial Argument: A Theoretical Account [PDF]
SSRN 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
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Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal Interpretation [PDF]
Archiwum Filozofii Prawa i Filozofii Społecznej, 2022 The aim of this article is to ascertain whether in the Polish legal culture in which precedent is not a legislative fact, it can become an argument in the process of judicial interpretation. The article posits that an analysis of precedent as an argument
Agnieszka Choduń
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JUDICIAL PRECEDENT IN CRIMINAL PROCEEDINGS: REJECTING STEREOTYPES AND ILLUSIONS
Правовое государство: теория и практикаThe 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
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JUDICIAL PRECEDENT, A LAW SOURCE [PDF]
Challenges 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
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Revista 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
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Revista 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
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RUDN Journal of Law, 2018 In the conditions of advanced civil society there are different conflicts demanding their fast professional permission with preservation of the friendly relations between the arguing parties on the basis of an adaptive loyal algorithm of permission ...
Irina A Stepanova
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