Legal Gazette
... NATO was founded by the 1949 North Atlantic Treaty. This treaty in its Article 9 gives the North Atlantic Council the prerogative to create subsidiary bodies. NATO is an intergovernmental organization as the governments of nation-states voluntarily join, contribute financing and make decisions withi ...
... NATO was founded by the 1949 North Atlantic Treaty. This treaty in its Article 9 gives the North Atlantic Council the prerogative to create subsidiary bodies. NATO is an intergovernmental organization as the governments of nation-states voluntarily join, contribute financing and make decisions withi ...
4 The Swiss Federal System
... important institutional and procedural aspects of selected federal systems at a medium level of analytical precision, it could be useful to those who will make decisions on which of these elements may be suitable to be transferred - in an adapted form - to the European framework. The study focuses o ...
... important institutional and procedural aspects of selected federal systems at a medium level of analytical precision, it could be useful to those who will make decisions on which of these elements may be suitable to be transferred - in an adapted form - to the European framework. The study focuses o ...
JICP SUMMARY
... Jurisdiction & Ambit of Review of Appellate Courts CML: The ambit of review is limited to questions of law. The court of appeal’s task is to state and develop the law; determining facts is left to the trial judge. CVL: The facts are more subject to appellate review. Witnesses can appear in the court ...
... Jurisdiction & Ambit of Review of Appellate Courts CML: The ambit of review is limited to questions of law. The court of appeal’s task is to state and develop the law; determining facts is left to the trial judge. CVL: The facts are more subject to appellate review. Witnesses can appear in the court ...
A Model Theoretic Approach to Legal Theory
... a statute prescribing that: "Whoever shall willfully take the life of another shall be punished by death N. C. S. A. (n. s.) § 12-A."7 A guilty verdict was rendered in the hypothetical court of first instance. Thus, the case came to Fuller's five-member appellate bench with the facts determined. Ful ...
... a statute prescribing that: "Whoever shall willfully take the life of another shall be punished by death N. C. S. A. (n. s.) § 12-A."7 A guilty verdict was rendered in the hypothetical court of first instance. Thus, the case came to Fuller's five-member appellate bench with the facts determined. Ful ...
The Application of the British Criminal Law Towards Māori During
... sovereignty and colonisation in those early years. My research question is as follows: How (if at all), and to what extent, was the British criminal law legitimised in the eyes of Māori in the first two decades following the Treaty of Waitangi (1840), and how did this legitimisation contribute to th ...
... sovereignty and colonisation in those early years. My research question is as follows: How (if at all), and to what extent, was the British criminal law legitimised in the eyes of Māori in the first two decades following the Treaty of Waitangi (1840), and how did this legitimisation contribute to th ...
How Law is Like Chess - bepress Legal Repository
... Kelsen had a detailed answer to this question.6 The law, according to Kelsen, is first and foremost a system of norms. Norms are ‘ought’ statements, prescribing certain modes of conduct. Unlike moral norms, however, Kelsen maintained that legal norms are created by acts of will. They are products of ...
... Kelsen had a detailed answer to this question.6 The law, according to Kelsen, is first and foremost a system of norms. Norms are ‘ought’ statements, prescribing certain modes of conduct. Unlike moral norms, however, Kelsen maintained that legal norms are created by acts of will. They are products of ...
Due Process as Separation of Powers
... could not be made a judge in his own case, so one who was not a judge could not make judicial rulings.”); Nathan N. Frost, Rachel Beth Klein-Levine & Thomas B. McAffee, Courts over Constitutions Revisited: Unwritten Constitutionalism in the States, 2004 UTAH L. REV. 333, 382 (“The doctrine of vested ...
... could not be made a judge in his own case, so one who was not a judge could not make judicial rulings.”); Nathan N. Frost, Rachel Beth Klein-Levine & Thomas B. McAffee, Courts over Constitutions Revisited: Unwritten Constitutionalism in the States, 2004 UTAH L. REV. 333, 382 (“The doctrine of vested ...
Due Process as Separation of Powers
... could not be made a judge in his own case, so one who was not a judge could not make judicial rulings.”); Nathan N. Frost, Rachel Beth Klein-Levine & Thomas B. McAffee, Courts over Constitutions Revisited: Unwritten Constitutionalism in the States, 2004 UTAH L. REV. 333, 382 (“The doctrine of vested ...
... could not be made a judge in his own case, so one who was not a judge could not make judicial rulings.”); Nathan N. Frost, Rachel Beth Klein-Levine & Thomas B. McAffee, Courts over Constitutions Revisited: Unwritten Constitutionalism in the States, 2004 UTAH L. REV. 333, 382 (“The doctrine of vested ...
Volume 21, 2013
... In the title to this lecture I promised to make an heroic attempt at mapping the Māori dimension in modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a l ...
... In the title to this lecture I promised to make an heroic attempt at mapping the Māori dimension in modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a l ...
The Marshall Court: Nationalization of Private Rights and Personal
... powers in the Marshall Court was to determine where the nation's powers of government existed. In the performance of this unique function lawyers had great difficulty finding, and then analyzing, the legal issues which would assist the Court in making such determinations. The Court's determinations ...
... powers in the Marshall Court was to determine where the nation's powers of government existed. In the performance of this unique function lawyers had great difficulty finding, and then analyzing, the legal issues which would assist the Court in making such determinations. The Court's determinations ...
Supreme Court Preview - Charleston Law Review
... privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.”4 In short, § 1983 allows those whose rights have been violated by a state or federal official to sue for damages. Originally passed as part of the Civil Rights Act of 1871, § 19 ...
... privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.”4 In short, § 1983 allows those whose rights have been violated by a state or federal official to sue for damages. Originally passed as part of the Civil Rights Act of 1871, § 19 ...
Law and Morality - The Tanner Lectures on Human Values
... the systematic perfection of a body of clearly analyzed legal provisions brings established norms into a clear and verifiable order. Second, the abstract and general form of the law, neither tailored to particular contexts nor addressed to specific persons, gives the legal system a uniform structure ...
... the systematic perfection of a body of clearly analyzed legal provisions brings established norms into a clear and verifiable order. Second, the abstract and general form of the law, neither tailored to particular contexts nor addressed to specific persons, gives the legal system a uniform structure ...
Article 1
... Committee,1 the International Covenant on Civil and Political Rights is deemed to be part of Yemen’s legal system. This is apparent from article 6 of the Constitution, which states, “The Republic of Yemen confirms its adherence to the Charter of the United Nations, the Universal Declaration of Human ...
... Committee,1 the International Covenant on Civil and Political Rights is deemed to be part of Yemen’s legal system. This is apparent from article 6 of the Constitution, which states, “The Republic of Yemen confirms its adherence to the Charter of the United Nations, the Universal Declaration of Human ...
Publication - Det juridiske fakultet
... The domain of domestic laws subject to judicial review also varies across jurisdictions. It might be limited to rights held to be necessary components of or preconditions for a functioning democracy: political rights, freedom of organisation and speech, and possibly certain minimum survival rights t ...
... The domain of domestic laws subject to judicial review also varies across jurisdictions. It might be limited to rights held to be necessary components of or preconditions for a functioning democracy: political rights, freedom of organisation and speech, and possibly certain minimum survival rights t ...
Advisory Opinion
... At this point, the Court gives careful consideration as to whether, in the light of its previous jurisprudence, there are compelling reasons for it to refuse to respond to the request from the General Assembly. It notes that the advisory jurisdiction is not a form of judicial recourse for States but ...
... At this point, the Court gives careful consideration as to whether, in the light of its previous jurisprudence, there are compelling reasons for it to refuse to respond to the request from the General Assembly. It notes that the advisory jurisdiction is not a form of judicial recourse for States but ...
building a better mousetrap: patenting biotechnology in the
... backlash. Surveys showed that some eighty percent of the public opposed the decision, which was also denounced by politicians and activists from across the political spectrum.3 Forty-three states and the federal government enacted legislation intended to curb economic development takings; this is pr ...
... backlash. Surveys showed that some eighty percent of the public opposed the decision, which was also denounced by politicians and activists from across the political spectrum.3 Forty-three states and the federal government enacted legislation intended to curb economic development takings; this is pr ...
Volume 59, Issue 1 - Stanford Law Review
... (supposedly) fixed requirements, excusing courts from hearing cases they otherwise must. Federal-court abstention and supplemental jurisdiction likewise work to relax jurisdiction’s (seemingly) inflexible limits—the first releasing courts from duties that otherwise bind them, the other permitting co ...
... (supposedly) fixed requirements, excusing courts from hearing cases they otherwise must. Federal-court abstention and supplemental jurisdiction likewise work to relax jurisdiction’s (seemingly) inflexible limits—the first releasing courts from duties that otherwise bind them, the other permitting co ...
Lobbying and Litigating Against "Legal Bootleggers"
... powers into the judicial branch as self-motivated and anti-competitive efforts. 7 The organized bar's renewed focus on the unauthorized practice of law in the 1930s did not seek to have the legislature define the practice of law as it did in the 1920s. 18 Instead, the organized bar shifted its strat ...
... powers into the judicial branch as self-motivated and anti-competitive efforts. 7 The organized bar's renewed focus on the unauthorized practice of law in the 1930s did not seek to have the legislature define the practice of law as it did in the 1920s. 18 Instead, the organized bar shifted its strat ...
Legal Positivism
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
Document
... where substantial degree of consulting was also required) o Quebec not given a veto by the courts where an amendment would require Quebec’s agreement. Change to Amendment formula with Regional Veto o In Act passed in 1996, no minister can propose an amendment without the agreement of all five region ...
... where substantial degree of consulting was also required) o Quebec not given a veto by the courts where an amendment would require Quebec’s agreement. Change to Amendment formula with Regional Veto o In Act passed in 1996, no minister can propose an amendment without the agreement of all five region ...
Mapping the labyrinth: advertising regulation in Spain
... instance, advertising tobacco and alcoholic beverages, differ from one region to another so that the same advertising campaign can be considered legal in one part of Spain and unlawful in another. Third, although judicial control is established by the General Advertising Law, a number of special pro ...
... instance, advertising tobacco and alcoholic beverages, differ from one region to another so that the same advertising campaign can be considered legal in one part of Spain and unlawful in another. Third, although judicial control is established by the General Advertising Law, a number of special pro ...
British Journal of American Legal Studies
... there is little or no personal or political risk. Many Americans are contemptuous of politicians because they appear to be for sale. People distrust Congress in particular. Why is this and what can we do about it? It is difficult to avoid the suspicion that there is something wrong with the structur ...
... there is little or no personal or political risk. Many Americans are contemptuous of politicians because they appear to be for sale. People distrust Congress in particular. Why is this and what can we do about it? It is difficult to avoid the suspicion that there is something wrong with the structur ...
judicial recusal in new zealand: looking to procedure as the
... Zealand, an independent arbiter is a fundamental freedom affirmed by the Bill of Rights Act 1990. 3 Judges are reminded of the importance of adjudicating impartially upon joining the bench. The judicial oath proclaims that judges must "do right to all manner of people after the laws and usages of Ne ...
... Zealand, an independent arbiter is a fundamental freedom affirmed by the Bill of Rights Act 1990. 3 Judges are reminded of the importance of adjudicating impartially upon joining the bench. The judicial oath proclaims that judges must "do right to all manner of people after the laws and usages of Ne ...
Youth_Justice_Grant 86.0 KB
... than being the object of that system, thereby causing and reinforcing positive behavior. The diversion of cases to Youth Court will reduce the caseload of the courts and the probation office, resulting in saving in time and resources. The program also will benefit young people who participate in You ...
... than being the object of that system, thereby causing and reinforcing positive behavior. The diversion of cases to Youth Court will reduce the caseload of the courts and the probation office, resulting in saving in time and resources. The program also will benefit young people who participate in You ...
International Jurisdiction in Intellectual Property Disputes
... his paper focuses only on matters related to general aspects of international jurisdiction in IP cases. There are many questions related to the exercise of court jurisdiction: jurisdiction over in personam; jurisdiction over the merits; the relationship between in personam and jurisdiction over th ...
... his paper focuses only on matters related to general aspects of international jurisdiction in IP cases. There are many questions related to the exercise of court jurisdiction: jurisdiction over in personam; jurisdiction over the merits; the relationship between in personam and jurisdiction over th ...