Results 21 to 30 of about 132,348 (304)

James Bradley Thayer i problem „niekonstytucyjności ponad wszelką wątpliwość”

open access: yesPrzegląd Konstytucyjny, 2023
James Bardley Thayer and the Problem of „Unconstitutionality Beyond Reasonable Doubt” The main purpose of this paper is the presentation of Harvard Law School scholar James Bradley Thayer and his ...
Jerzy Zajadło
doaj   +1 more source

When Was Judicial Self-Restraint? [PDF]

open access: yesSSRN Electronic Journal, 2012
This Essay responds to Judge Posner’s Jorde Symposium Essay The Rise and Fall of Judicial Restraint by analyzing the question of when, if ever, has judicial self-restraint thrived in the federal courts. Its central aim is to shed historicizing light on the trajectory of judicial activism by imaginatively rifling through an array of canonical and ...
openaire   +1 more source

ICJ DISCRETIONARY POWERS: JUDICIAL ACTIVISM V. RESTRAINT IN THE ADVISORY OPINION ON KOSOVO

open access: yesAnali Pravnog Fakulteta u Beogradu
In response to Serbia’s request, the United Nations General Assembly sought an Advisory Opinion from the International Court of Justice regarding the legality of Kosovo’s 2008 unilateral declaration of independence.
Nadia ASAAD
doaj   +1 more source

La Corte costituzionale chiude la 'saga Taricco': tra riserva di legge, opposizione de facto del controlimite e implicita negazione dell'effetto diretto

open access: yesEuropean Papers, 2018
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 885-895 | European Forum Insight of 1 July 2018 | (Table of Contents) I. Inapplicabilità assoluta della "regola Taricco", identità costituzionale e art. 49 della Carta. -
Daniele Gallo
doaj   +1 more source

Balancing security and liberty within the European human rights framework. A critical reading of the Court’s case law in the light of surveillance and criminal law enforcement strategies after 9/11

open access: yesUtrecht Law Review, 2005
Literature concerning human rights protection by the European Court on Human Rights after 9/11 is very often coloured by optimism. Some authors hold that judicial control by the European Court on national anti-terrorism measures is very strict ...
Paul J.A. de Hert
doaj   +1 more source

Judicial Restraint? [PDF]

open access: yes, 2008
An independent judiciary is one of the cornerstones of American democracy and the rule of law. But increasing challenges to the authority of judges have many in the legal community concerned about maintaining the rightful balance of ...
Brown, Geoff
core   +1 more source

Operando X‐Ray Diffraction and Total Scattering Characterization of Battery Materials: Not Just a Pretty Picture

open access: yesAdvanced Energy Materials, EarlyView.
This review focuses on operando studies of battery materials by X‐ray diffraction (XRD) and total X‐ray scattering (TXS). This work highlights potential pitfalls and identify best‐practices for operando studies and reviews some unusual experiments to illustrate how these methods can be applied beyond the evaluation of the early‐stage cycling mechanisms
Amalie Skurtveit   +5 more
wiley   +1 more source

Judical review of discretionary powers in the activity of historical monuments protection bodies. The experience under the case law of Polish administrative courts

open access: yesBratislava Law Review, 2018
The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities, all these elements create a kind
Jerzy Parchomiuk
doaj   +1 more source

Pragmatism and Judicial Restraint

open access: yesAthens Journal of Law, 2015
This paper examines the tradition and influence of pragmatism and judicial restraint in American legal culture. In order to better understand the intellectual foundation of this tradition, I will examine the jurisprudence of James Bradley Thayer and Oliver Wendell Holmes.
openaire   +1 more source

Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi [PDF]

open access: yes, 2014
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 ...
Dramanda, W. (Wicaksana)
core  

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