Results 21 to 30 of about 125,744 (186)

Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System

open access: yesBaltic Journal of Law & Politics, 2019
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 ...
Parchomiuk Jerzy
doaj   +1 more source

Barak’s Purposive Interpretation in Law as a Pattern of Constitutional Interpretative Fidelity

open access: yesBaltic Journal of Law & Politics, 2016
Political jurisprudence points out that constitutional court judges sometimes act like political actors, and that their decisions are a function of strategic and ideological as much as legal considerations.
Marinković Tanasije
doaj   +1 more source

Relaciones entre el Tribunal Supremo y el Tribunal Constitucional en España // Relationship Supreme Court - Constitutional Court in Spain

open access: yesRevista de Derecho Político, 2016
In Spain, Title VI of the Constitution considers the Supreme Court the highest judicial body in all orders, except for the provisions concerning constitutional guarantees, while art.
Pedro J. Tenorio Sánchez
doaj   +1 more source

Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality

open access: yesČasopis pro Právní Vědu a Praxi, 2018
Abuse of power is one of classic concepts in administrative law. According to the classical approach, this concept is based on the assumption that the scope of discretion of public administration bodies is defined, beside competence norms, procedural and
Jerzy Parchomiuk
doaj   +1 more source

A autocontenção judicial no direito administrativo participativo: o caso das audiências públicas ambientais Judicial self-restraint in participatory administrative law: the case of environmental public hearings

open access: yes, 2014
The rise of participatory provisions of citizens in Public Administration is generating excessive bureaucratisation or overproceduralization of state decision making process based on subjective criteria and the casuistry of the interests of the impugned,
E. Bim
semanticscholar   +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  

The Status and Role of Legislation In South Africa as a Constitutional Democracy: Some Exploratory Observations [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2011
This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review in a modern day state, legislation in South Africa has since 27 April 1994 grown in status (and stature) nonetheless, and has ...
L du Plessis
doaj  

SEPARATION OF POWERS, CHECKS AND BALANCES AND JUDICIAL EXERCISE OF SELF- RESTRAINT: AN ANALYSIS OF CASE LAW

open access: yesObiter, 2021
The Constitution of the Republic of South Africa, 1996 creates a system in which there is a separation of the powers exercised by the different branches of the State. It also creates a system of checks and balances. The exercise of a power by one arm of state is checked by another to ensure that there is no abuse of state power.
null Magabe T Thabo, null Kola O Odeku
openaire   +2 more sources

Justice Scalia: Standing, Environmental Law and the Supreme Court [PDF]

open access: yes, 1987
President Reagan\u27s appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration\
Perino, Michael A
core   +1 more source

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