Results 181 to 190 of about 19,070 (237)
Some of the next articles are maybe not open access.

Revisiting the non-justiciability issue in environmental rights dialogue in Nigeria

Environmental Law Review, 2023
The campaign for the recognition of environmental rights is progressively gaining momentum in Nigeria as the degradation of the environment continues without an effective legal framework for abatement.
B. Umukoro
semanticscholar   +1 more source

Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices

Journal of environmental law, 2021
This analysis examines three recent and ongoing Canadian climate change litigation cases: ENvironnement JEUnesse c Procureur général du Canada, La Rose v Canada and Mathur v Ontario. Consistent with international climate change litigation trends, these
Camille Cameron, Riley Weyman
semanticscholar   +1 more source

Politicising law or legalising politics? Justiciability and the “political question” on the examples from international justice

Meždunarodnoe pravosudie, 2020
Author is pointing out the problem of interaction between the political nature of the dispute concerned and the competence of international tribunals. To assess such legal interaction the “justiciability” concept is used.
M. Gal'perin
semanticscholar   +1 more source

The Imperative for Justiciability of Economic, Social, and Cultural Rights in Post-Civil War Sri Lanka

General Issue, 2020
Between 2015 and 2019 Sri Lanka has been in the process of drafting a new Constitution in the aftermath of the civil war that lasted from 1983 to 2009. In spite of the very high human development in Sri Lanka, public expenditures on education and health ...
M. Sarvananthan
semanticscholar   +1 more source

Justiciability

2019
Abstract When determining a negligence claim brought against a public authority, the first question a court will need to consider is whether the claim is ‘justiciable’, ie whether it is suitable for judicial resolution. It is only if a claim is ‘justiciable’ that the court ought to go on to consider whether a duty of care is owed and has
Duncan Fairgrieve, Dan Squires QC
openaire   +2 more sources

The Justiciability of Eligibility: May Courts Decide Who Can Be President?

Social Science Research Network
The 2008 election cycle has been a busy one for legal disputes over the qualifications of presidential candidates, with federal cases having been filed to challenge both major candidates’ eligibility under the “natural born Citizen” clause.
Daniel P. Tokaji
semanticscholar   +1 more source

Justiciability

2006
Abstract When determining a negligence claim brought against a public authority, the first question a court will need to consider is whether the claim is ‘justiciable’, ie whether it is suitable for judicial resolution. It is only if a claim is ‘justiciable’ that the court ought to go on to consider whether a duty of care is owed and has
Booth QC Cherie, Dan Squires
openaire   +1 more source

Implementing the Socio-economic and Cultural Rights in Nigeria and South Africa: Justiciability of Economic Rights

African Journal of International and Comparative Law, 2019
Constitutionalising socio- economic and cultural rights (SERs) and the directive principles of state policy is an indication that a state is disposed to protect and enforce such rights. The classification of rights into political and economic goes a long
Olaniyi Felix Olayinka
semanticscholar   +1 more source

Functional Justiciability and the Existence of a Dispute: A Means of Jurisdictional Avoidance?

Journal of International Dispute Settlement, 2019
In the recent Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament string of cases the International Court of Justice declined jurisdiction by holding that there was no dispute between the ...
M. Casas
semanticscholar   +1 more source

Justiciability and Judicial Fiat in Establishment Clause Cases Involving Religious Speech of Students

Social Science Research Network, 2019
Since the seminal Santa Fe Independent School District v. Doe school prayer case, courts have been inundated with constitutional claims involving student religious speech at public schools. Courts have struggled mightily with the question of whether this
Amanda Harmon Cooley
semanticscholar   +1 more source

Home - About - Disclaimer - Privacy