Results 11 to 20 of about 9,532 (254)
Columbia Journal of Race and Law, 2012 “Diversity” is a recent construct in our equal protection jurisprudence, but during its relatively short existence it has garnered many critics. Even critical race scholars, the most vocal proponents of aggressive civil rights and equal protection ...
Stacey L. Hawkins
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An Examination of the Reasons for Neglecting Custom (ʿUrf) in Politics fromthe Perspective of Shiite Political Jurisprudence [PDF]
سیاست متعالیهCustom (ʿurf) constitutes a significant phenomenon in Shiite jurisprudence (fiqh), with which Shiite jurisprudential literature became increasingly familiar following the ascendancy of Usuli jurists (mujtahidīn uṣūlī) over Akhbaris (akhbārīs).
Omid Khalilimher +2 more
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Law and Jurisprudence in the Face of Conflict. Between Neutrality and the Politica
Krytyka Prawa, 2020 In the article, I contrast the contemporary legal dogma with the challenges underlying the political nature of law and judicial practice. Both the Continental jurisprudence and the judicial decisions issued by European courts are dominated by the ...
Andrzej Bator
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Hak Waris Perempuan dalam Adat Batak Pasca Berlakunya Yurisprudensi MA No. 03/Yur/Pdt/2018
Journal of Law, Society, and Islamic Civilization, 2022 National law is developed and adopted through existing laws in society to ensure that the applicable laws in Indonesia are in accordance with the interests and are intended to accommodate the multicultural conditions of Indonesia.
Novita Sari, Sukri Hidayati
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Contraception and Reproductive Medicine, 2018 U.S. Supreme Court jurisprudence undermines access to contraception by permitting individuals, institutions, and even corporations to claim religious objections to ensuring contraceptive insurance coverage, thus imposing those beliefs on non-adherents ...
Aram A. Schvey, Claire Kim
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The Human Dignity Argument against Manual Scavenging in India
Caste, 2023 In this article, we argue that manual scavenging and the 2013 Act which prohibits it are unconstitutional as they violate human dignity, the prohibition against untouchability, and the right to life enshrined in the Constitution of India.
Asang Wankhede, Alena Kahle
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Genealogy of Custom in Jurisprudence and National Law [PDF]
مطالعات فقه و حقوق اسلامی, 2016 Custom in the form of tradition and practice and customary habitude among people is the lifeblood of any legal entity and is considered as one of those subjects with unmatched impact on conformity of certain jurisprudence decrees to demands of time and ...
کاوس روحی برندق +2 more
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Review of European and Comparative Law, 2022 In its jurisprudence, the Constitutional Tribunal of the Republic of Poland often uses the comparative law method. For it, comparative material is not only the normative acts in force in other countries, but also foreign jurisprudence.
Grzegorz Maroń
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CASE-LAW CONTRIBUTIONS TO CONSTITUTIONAL REVIEW’S DEVELOPMENT IN ROMANIA [PDF]
Challenges of the Knowledge Society, 2019 To the Romanian system of law, jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and ...
Marius ANDREESCU, Claudia ANDREESCU
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Between Principle and Practice: Assessing Climate Justice in Climate Change Jurisprudence [PDF]
Međunarodni ProblemiThe impacts of climate change are not evenly shared, with those least responsible often facing the gravest consequences. Therefore, climate crisis is best understood not merely as an environmental challenge, but also as a profound challenge to human ...
Sofija Nikolić Popadić, Ivana Stjelja
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