Results 1 to 10 of about 106,458 (216)

Rule-making activity of higher judicial bodies of the Russian state: historical and legal aspect

open access: diamondИзвестия высших учебных заведений. Поволжский регион: Общественные науки, 2022
Background. Judicial rule-making has always aroused interest in Russian science and practice in various periods of the development of the Russian state.
N.I. Biyushkina, P.A. Guk
doaj   +2 more sources

The legal nature and characteristics of the international legal base [PDF]

open access: yesالرافدین للحقوق, 2021
bstract Jurisprudence under international public law has not established a specific definition of international norm,  which has led to the attack of the jurists of domestic law by addressing the existence of such rules at the international level in view
Oday ridah, Khlaf Aljibory
doaj   +1 more source

Dennis Patterson on Wittgenstein [PDF]

open access: yesОмский научный вестник: Серия "Общество. История. Современность", 2021
Dennis Patterson, modern American legal theorist, is one of the active supporters of the importance and significance of later Wittgenstein’s ideas for resolving legal philosophy problems, including legal indeterminacy problem.
V. V. Ogleznev
doaj   +1 more source

Comparative Analysis of Traditional Voluntarism in the Naseri Era and Modern Voluntarism [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2020
From Naseri era until Constitutional Revolution because of lack of Rule of law as a symbol of modern government, voluntarism or king’s volition was one of the most important basis of legal rule validation that had deep roots in traditional and ...
mahdi shahabi   +2 more
doaj   +1 more source

At the eye of the pandemic hurricane: What have we learned about the control of the public administration in Brazil?

open access: yesRevista Facultad de Jurisprudencia, 2021
The scope of this essay is to analyze some decisions of the Brazilian federal administration concerning actions to minimize the current pandemic of COVID-19 to understand to which extent such discretionary decisions could be subject to a judicial review.
Vitor Rhein Schirato
doaj   +1 more source

The Ethical intended purpose of Legal Rule: Comparative Approach in the Western and Islamic Theories of Law [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2017
Recognition of the relationship between law and ethics is one of the most complex issues in philosophy of law. The history of legal theories in the West is a good evidence of this claim, in such a way that theories of natural law, positivism, historical ...
SHaban Haghparast   +2 more
doaj   +1 more source

Fundamentals of the Exclusionary Rule in the Iranian and American Law [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, 2022
Exclusionary rule has been accepted in different legal systems and has not been clearly accepted in Iranian legal system. this rule can be justified both on the basis of individualism thinking and in the idea of collectivism.
Amir hossein Rahgosha   +2 more
doaj   +1 more source

LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

open access: yesJournal of Liberty and International Affairs, 2021
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time,
Benjamin Nurkic
doaj   +1 more source

Racial, Ethnic, or National Minority? Legal Discourses and Policy Frameworks on the Roma in Hungary and Beyond

open access: yesSocial Inclusion, 2015
Inspired by recent Hungarian legislative developments that, in reference to the Roma minority, exchanged the term “ethnic minority” with “nationality”, by providing a detailed case study of the development and morphology of policy measures and frameworks
Andras L. Pap
doaj   +1 more source

The place of law in realization of legal justice and its influence on judicial interpretation A study of the relationship between law and legal rule in Iranian legal system [PDF]

open access: yesپژوهش‌نامه حقوق اسلامی, 2014
The Unification of law and legal rule, represents one of the characters of legal positivism on the basis of the legal rule and leads to the unification of law and statute, and can generate state justice and therefore cause the literal interpretation of ...
Mahdi Shahabi
doaj   +1 more source

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