Results 1 to 10 of about 1,474 (256)

Reviewing the Speaker's Decision: A Brief Synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)

open access: yesPotchefstroom Electronic Law Journal, 2021
In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in which voting in a motion of no ...
Bradley BV Slade
doaj   +1 more source

Public Litigation and the Concept of “Deference” in Judicial Review [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2015
The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter ...
Abraham Klaasen
doaj   +1 more source

Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi

open access: yesJurnal Konstitusi, 2016
Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial ...
Wicaksana Dramanda
doaj   +1 more source

The Perils of Judicial Restraint: How Judicial Activism Can Help Evolve the International Court of Justice

open access: yesGöttingen Journal of International Law, 2019
The article analyzes the International Court of Justice and its approach to judicial decision-making. By investigating the Court’s jurisprudence over its seventy years of activity, the article seeks to outline, that if given the choice, the ICJ tends to
Deepak Mawar
doaj   +1 more source

Inconsistent Constitutional Court Decisions Resulting in Uncertainty Regarding the Legal Dispute on Regional Head Election Results in Indonesia

open access: yesLentera Hukum, 2019
In Indonesia, the Constitutional Court is the sole interpreter and guardian of the constitution and the decision made by this Court is expected to meet a sense of justice, utility, and legal certainty.
Saut Parulian Manurung
doaj   +1 more source

The Role of Ethiopian Courts in Commercial Arbitration

open access: yesMizan Law Review, 2010
The role of arbitration in settling disputes which involves national and transnational commercial transactions is steadily growing in this era of globalisation.
HG Feyissa
doaj   +1 more source

How the European Court «judges» history (to the problem of judicial activism)

open access: yesПроблеми Законності, 2015
Problem setting. It’s striking that even such seemingly distant from political speculations international jurisdictional authority, as the European Court of Human Rights has nolens volens to give not only a legal qualification of the alleged violations ...
О. П. Євсєєв
doaj   +1 more source

JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT

open access: yesYuridika, 2018
The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues.
Radian Salman   +2 more
doaj   +1 more source

Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context

open access: yesTilburg Law Review, 2015
This article analyses two aspects of judicial activism at the European Court of Justice. First, four German landmark cases concerning European law demonstrate the dialogical relationship between the European Union and their member states with regard to ...
Valerie Dhooghe   +2 more
doaj   +1 more source

Mahkamah Konstitusi dan Kebijakan Kriminal

open access: yesJurnal Konstitusi, 2018
Dalam kaitannya dengan penafsiran, dapatkah Mahkamah Konstitusi menafsirkan suatu norma pidana dan dapatkah Mahkamah Konstitusi membuat hukum baru atas norma hukum pidana.
Cholidin Nasir
doaj   +1 more source

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