Results 11 to 20 of about 68,379 (179)

The Principle of “Ultima Ratio” in Termination of Employment Contract in Turkish Labour Law

open access: diamondAnnales de la Faculté de Droit d’Istanbul, 2019
Modern is hukuku sistemlerinde, isverenlerin fesih hakki karsisinda iscinin isini kaybetmesi tehlikesi dikkate alinmis ve fesih hakki sinirlandirilmistir. Bu sinirlandirmanin bir boyutu da is guvencesidir. Is guvencesi sisteminde, yapilan feshin yargi denetimine tabi tutulmasi sirasinda gecerli bir nedenin var olup olmadigi incelenir.
Ayşe Köme Akpulat
semanticscholar   +6 more sources

The principle of treating expropriation as an ultima ratio measure in light of the amendment to the real property administration act of 4 April 2019, imposing a time limitation on restitution rights [PDF]

open access: diamondNieruchomości@, 2019
The act of 4 April 2019 on the amendment of the real property administration act, which amends the r.p.a.a. in the field of restitution of expropriated property, among others, was essentially adopted to perform two decisions of the Constitution Tribunal (SK 39/15 and SK 26/14), which viewed certain heretofore solutions with criticism. The amendment act,
Sławomir Pawłowski
semanticscholar   +3 more sources

Ultima Ratio in European Criminal Law [PDF]

open access: yesOñati Socio-Legal Series, 2013
The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator.
Sakari Melander
doaj   +4 more sources

Ultima ratio principo samprata [PDF]

open access: yes, 2015
[full article and abstract in Lithuanian; abstract in English] In the process of criminalisation of certain offences, the relevant requirements for legislature must be raised, which limit discretion of legislature and do not allow distorting the essence ...
Dambrauskienė, Aušra
core   +3 more sources

Ultima Ratio as Caveat Dominus: Legal Principles, Police Maxims, and the Critical Analysis of Law [PDF]

open access: yesSSRN Electronic Journal, 2013
A comparative and historical analysis of the so-called ultima ratio principle reveals that, despite its Latinate veneer, it is neither ancient nor universal, but a recent addition to the German criminal law canon. Upon further inquiry, ultima ratio also turns out to be ill-defined, undermotivated, and toothless, a fundamental legal principle and ...
M. Dubber
openaire   +3 more sources

Ultima Ratio and the Judicial Application of Law [PDF]

open access: yesOñati Socio-Legal Series, 2013
The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the ...
Joxerramon Bengoetxea
doaj   +4 more sources

Allvarligt psykiskt störda utan domskäl vid en fällande dom?

open access: yesNordisk Tidsskrift for Kriminalvidenskab, 2023
In a democratic society, it is assumed that the criminal law is applied ultima ratio and that certain requirements regarding legal certainty are met. These include the principle of conformity.
Kerstin Nordlöf
doaj   +2 more sources

Ultima Ratio as a Constitutional Principle

open access: closedOñati Socio-Legal Series, 2013
The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization.
Kaarlo Tuori
doaj   +1 more source

Criminal law instruments of environmental protection: Norms and practice of Montenegro [PDF]

open access: yesGlasnik Advokatske komore Vojvodine, 2022
Montenegro is constitutionally declared as an ecological country, and it is committed to sustainable development with the preservation of a healthy environment, biodiversity, preservation and improvement of the quality of water, sea, air, soil, space ...
Đurišić Jelena
doaj   +2 more sources

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