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Canadian Public Administration, Volume 66, Issue 3, Page 409-425, September 2023., 2023 Abstract The human rights justice system is a politically and legally complex area to navigate with legislative changes and judicial decisions shaping the administration and governance of human rights policies. This article provides a comprehensive examination of the complexities and intricacies of this system by measuring the impact of judicial ...
David Said
wiley +1 more source
Legal Judgment as Self‐Mastery
Ratio Juris, Volume 36, Issue 2, Page 113-135, June 2023., 2023 Abstract Many legal theorists see legal judgment as a largely professional or technical task. This is not how law sees itself. When looked at from the perspective of the engaged judge, law requires from us that we arrive at a certain internal governance of our thoughts and emotions.
Pavlos Eleftheriadis
wiley +1 more source
A Performative Theory of Judicial Dissent
The Modern Law Review, Volume 86, Issue 3, Page 729-755, May 2023., 2023 This article introduces a ritual theory of judicial dissent. Conventional accounts of the functions of judicial dissent, whether in the context of domestic or international judicial systems, can be grouped into three thematic categories: ‘dissent as transparency’, ‘dissent as opposition’ and ‘dissent as conscience’.
Hemi Mistry
wiley +1 more source
Unreasonably Limiting Recourse to the Courts? R (on the application of Haworth) v HMRC
The Modern Law Review, Volume 85, Issue 6, Page 1562-1575, November 2022., 2022 Follower notices, introduced in Finance Act 2014, can in certain avoidance situations be served on a taxpayer by HMRC (the UK revenue authority) where HMRC is of the opinion that the principles or reasoning of a decided case would deny the tax advantage in dispute.
Michael Blackwell
wiley +1 more source
European Law Journal, Volume 27, Issue 4-6, Page 477-501, November 2021., 2021 Abstract This paper raises the question as to whether a theory of justice exists in EU law. The focus is on justice as a system. The assumption is that the independence of institutional actors involved in the administration of criminal justice (mainly judges and prosecutors) vis‐à‐vis each other, and other State powers, is key to that system achieving ...
Leandro Mancano
wiley +1 more source
The Overpaid Tax Litigation: Roadblocked
The Modern Law Review, Volume 84, Issue 5, Page 1105-1121, September 2021., 2021 Abstract Over the past two decades, English courts have construed section 32(1)(c) of the Limitation Act 1980 to extend the time for pleading a cause of action in mistake of law until a decision of a final court authoritatively resolves the point of law at issue.
Samuel Beswick
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Joseph Raz’s Service Conception and the Limits of Knowability
Ratio Juris, Volume 34, Issue 3, Page 207-223, September 2021., 2021 Abstract This essay criticizes Joseph Raz’s service conception of authority on the basis of its knowability condition. The condition states that for agents to be justified in following authoritative directives, they must be able to know (i.e., form reliable beliefs) that the authority issuing the directives is in fact legitimate.
Adriana Placani
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Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2023 The integration, at national level, of the jurisprudence of the European Court of Human Rights may open the subject of a dispute in relation to a contrary jurisprudence of the Constitutional Court, regarding the ...
S.-G. Barbu, C.-M. Florescu
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Second Circuit 1999-2000 Res Judicata Developments [PDF]
, 2000 During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions expanding the doctrines of claim preclusion and issue preclusion.
Carlisle, Jay C.
core +2 more sources