Results 21 to 30 of about 1,831 (174)

Courts as an arena of societal change? The Italian Constitutional Court's self‐restraint facing the legislator's uncertain discretion in seabed mining: A concrete counter‐example

open access: yesEuropean Law Journal, Volume 29, Issue 3-6, Page 326-339, May-November 2023., 2023
Abstract The article explores the difficult balance of interests in the Italian field of seabed mining. In recent years, the regions, bearers of the local communities' social demands, claimed greater attention to sustainability, while the State almost always privileged productivity.
Giorgio Cataldo
wiley   +1 more source

A quest for agency in the Anthropocene: Law and environmental movements in Southeast Asia

open access: yesReview of European, Comparative &International Environmental Law, Volume 32, Issue 1, Page 57-66, April 2023., 2023
Abstract The Anthropocene questions the very foundation of environmental law. Many legal scholars have proposed directions on how environmental law should be transformed to respond to complex challenges in the new geological epoch. However, they tend to avoid questions about which social actors should be regarded as the agents of change to bring about ...
Agung Wardana
wiley   +1 more source

Data retention and the future of large‐scale surveillance: The evolution and contestation of judicial benchmarks

open access: yesEuropean Law Journal, Volume 29, Issue 1-2, Page 176-211, January-March 2023., 2023
Abstract Recent and upcoming judgments of the Court of Justice of the European Union (CJEU) have resurfaced a much‐debated topic on the legal limitations of law enforcement authorities and intelligence services under EU law in implementing surveillance operations.
Valsamis Mitsilegas   +3 more
wiley   +1 more source

The ‘legal’ in socio‐legal history: Woods and Pirie v. Cumming Gordon

open access: yesJournal of Law and Society, Volume 49, Issue 4, Page 778-799, December 2022., 2022
Abstract This article explores the Scottish defamation case Woods and Pirie v. Cumming Gordon (1810–1812) in order to demonstrate the value of legal readings across the broadest spectrum of socio‐legal history. While the case has attracted attention from social historians, particularly historians of sexuality, it was shrouded in secrecy and thus did ...
CAROLINE DERRY
wiley   +1 more source

Analisis Yuridis Ratio Decidendi Majelis Hakim Dalam Menjatuhkan Vonis Dalam Putusan Pengadilan Negeri Tenggarong Nomor 390/Pid.Sus/2021/Pn.Trg

open access: yesUIR Law Review, 2023
 scientific development, and on the other hand, can also cause dependence which is very detrimental if misused or used without supervision. Strict and careful.
Sunariyo   +2 more
doaj   +1 more source

Relation of Power in Ratio Decidendi

open access: yes, 2021
Modern scholars (mostly in Western part of the world) agreed to the meaning of “deciding beyond a reasonable doubt” when judges hold their judgment upon a case.
Susanto, Anthon Freddy
core   +1 more source

O modelo de decisão escrita seriatim adotado pelo Supremo Tribunal Federal: peculiaridades e alternativas

open access: yesPensar, 2023
Resumo: O presente trabalho, por meio de uma revisão bibliográfica, levando em consideração a importância da constituição de uma ratio decidendi do Supremo Tribunal Federal (STF) e a relevância da dissidência para o fortalecimento dos precedentes ...
Kamila Maria Strapasson   +1 more
doaj   +1 more source

Making Law Possible

open access: yes, 2023
The Modern Law Review, Volume 86, Issue 3, Page 814-835, May 2023.
Sebastian Lewis
wiley   +1 more source

Permohonan Isbat Nikah Bagi Poligami yang Tidak Dicatatkan

open access: yesRechtIdee, 2023
This research aims to examine the basic reasons for the judge's consideration of granting marriage isbat requests to unregistered polygamists. Is it appropriate for a judge to grant a request for isbat for a polygamous marriage that has not yet completed
Murni Murni, Mega Naurin Nisa
doaj   +1 more source

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