Results 121 to 130 of about 1,852,330 (249)

The secret life of the EU treaties: NGEU and the politics of the EU’s ‘living constitution’

open access: yesEuropean Law Open
In the past decade or so, the text of the EU Treaties has stayed the same, yet their reading has undergone significant changes. The language of anti-formalism has triumphed over formalism, obviating the need for complex political debates and democratic ...
Päivi Leino-Sandberg
doaj   +1 more source

Excessive Legal Formalism and Public Procurement Procedures

open access: yes, 2017
Javna nabava je mehanizam kojim se osigurava da javni i sektorski naručitelji učinkovito i transparentno utroše javna sredstva. Pravna zaštita u postupku provođenja javne nabave važna je kako bi se osiguralo da se postupci provode u skladu sa zakonom i ...
Staničić, Frane, Frane Staničić
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Meaning and Understanding of Legal Formalism in European Legal Theory

open access: yes
Bakalaura darbā “Juridiskā formālisma izpratne un nozīme Eiropas tiesību teorijā” tiek izpētīta juridiskā formālisma kā tiesību instrumenta teorētiskā izcelsme, tā piemērošanas īpatnības un pazīmes, kā arī iespēja norādīto tiesību instrumentu piemērot ...
Romans, Eduards
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SETTLEMENT OF DISPUTES BY ARBITRATION – MEDIATION PROCEDURE CONCILIATION BY ARBITRATION WITH REGARD TO STANDARDIZATION SOLUTION EUROPEAN UNION

open access: yesPravo, 2009
Mediation is a modern way of resolving disputes arising among the legal entities. This is a quiet, intermediary way of resolving disputes, which has less formalism, higher efficiency, short time of decision.It is not a replacement for arbitration, but it
Predrag Mirković   +2 more
doaj  

Formal Legality for Nudges

open access: yesRatio Juris
AbstractNudges are small psychological prompts that steer behavior in a noncoercive way. For example, low‐calorie products can be placed at eye level to encourage people to eat healthier. This article argues that governmental nudges are in tension with Fuller's formal legality principle, according to which regulation should meet requirements such as ...
openaire   +1 more source

Formalism, Realism, and the War on Drugs

open access: yes, 2001
One of the ways our legal system has avoided confronting this ugly reality is through a commitment to legal formalism. Legal formalism allows us to ignore the social determinants that my AUSA friend saw every day as he prosecuted federal drug cases.
Cole, David
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Formalism in Law [PDF]

open access: yes, 2014
The theme of this thesis is "formalism in law" as a concept that permeates an essential part of modern legal thinking. This work shows that it is usually perceived as a critical concept, but without a clear and steady meaning.
Brezina, Peter
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Le langage judiciaire dans le droit de l’Inde classique

open access: yesDroit et Cultures, 2014
In classical India, the judgment may be defined as the act formalized written decision on a technical authority in matters of qualified legal. The act of judging is as much an action to resolve a dispute or raise a doubt a speculative approach.
Jean-Claude Bonnan
doaj  

Legal certainty as a requirement for the formalization of legal norms

open access: yesScientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi
Purpose. The purpose of the article is to define and disclose the basic requirements of the principle of legal certainty in the context of formalization of legal norms. Methodology. The methodology includes the analysis of scientific works and precedent practice of the European Court of Human Rights, the synthesis of scientific knowledge and the ...
openaire   +1 more source

Time and the Question of Formalism: International Law’s Pasts and Futures

open access: yes
In the past quarter century, formalism has taken on renewed importance in international law—not only in legal theory, but also in history. From Martti Koskenniemi’s call for a ‘culture of formalism’ to China Miéville’s castigation of the ideology of the ...
Scott, D
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