Results 1 to 10 of about 106,073 (282)

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

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   +3 more sources

'Effective Judicial Review Is of the Essence of the Rule of Law': Challenging Common Foreign and Security Policy Measures Before the Court of Justice [PDF]

open access: yesEuropean Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 671-697 | Article | (Table of Contents) I. Introduction. - II. The legal framework. - III. Limiting the Court's jurisdiction. - IV. The Exception: judicial review of CFSP
Marise Cremona
doaj   +3 more sources

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice? [PDF]

open access: yesEuropean Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 967-975 | European Forum Insight of 29 August 2017 | (Table of Contents) I.
Aurora Rasi
doaj   +3 more sources

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 use of physical restraints- knowledge and attitude of nurses of a tertiary care institute, Uttarakhand, India

open access: yesJournal of Education and Health Promotion, 2020
BACKGROUND: The use of physical restraint in health-care settings is common and complex practice as it has physical, psychological, judicial, ethical, and moral issues.
Sukhman Mehrok   +3 more
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

The South African Constitutional Court's Use Of Foreign Precedent In Matters Of Religion: Without Fear Or Favour? [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2015
Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the constitutional reasoning of the
Christa Rautenbach
doaj   +1 more source

Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

open access: yesJurnal Konstitusi, 2016
In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint.
Bisariyadi Bisariyadi
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

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

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