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Constitutional and administrative law : text with materials.
Published 2007Table of Contents: “…Constitutional and administrative law : nature, sources and history -- Constitutional law and constitutional principles -- The royal prerogative -- The cabinet : ministers and their responsibilities -- Parliament : composition and privileges -- Parliament : procedures and functions -- The United Kingdom and the European Community and Union -- The parliamentary commissioner for administration -- The availability of judicial review -- Grounds for judicial review -- Public order -- Police powers -- European Convention on Human Rights and Fundamental Freedoms and the Human Rights Act 1998.…”
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Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah
Published 2024-05-01“…This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. …”
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Strategic Climate Litigation before National Courts: Can European Union Law be used as a Shield?
Published 2024-08-01“…This Article argues that in light of the fact that EU climate policy is inadequate and nearly impossible to challenge, it is highly problematic when national judges accept EU law to be an obstacle to (full) judicial review. First, EU law itself is not an obstacle to judicial review of national climate policy. …”
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İslâm’da İdâre’nin (Kâmû Velâyeti ve Vilâyeti’nin) Denetimi
Published 2018-08-01“…Thesecond, judicial control of the executive. This includes judicial review andarbitration.Keywords: Islamic Administrative Law, Administration in Islam, PublicTask, Public Authority, Public Service, Prophet Muhammad, Rashid Khalifahs,Outside the Judicial Administrative Control, Administrative Control,Public Audit, Judicial Control of Administration, Judicial Review,Cruelty Judiciary, Arbitration.…”
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A Court’s Right to Moderate Administrative Penalty in Selected Central European Countries
Published 2024-05-01“…The methodology employed involves a comparative analysis of legal provisions in the aforementioned countries concerning judicial review of administrative penalties. The study scrutinizes the differences in the legal approaches taken by these nations, highlighting the diverse methods used to address the court’s role in moderating administrative penalties. …”
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Significance of and Comparative Trends in Procedural Regulation of Right to Information
Published 2014-10-01“…The comparative analysis of selected countries (USA, Ireland, Sweden, Austria, Germany, Slovenia, Croatia) included herein proves that selected procedural institutions, such as time limits and an appeal to an independent body or judicial review, contribute to a significantly higher level of implementation of the RTI in practice as also indicated by several international studies. …”
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Compulsory Licensing in Intellectual Property Rights (IPR): Current Application and Future Prospects in Indonesia
Published 2024-07-01“…Future enhancements, such as allowing appeals against government compensation determinations through judicial review, could bolster acceptance and ensure the sustainability of this concept.…”
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Proving Corruption in the Investigative and Judicial Practice of Ukraine: Problems and Solutions
Published 2021-03-01“…The work is based on the analysis of the scientific literature, criminal and criminal procedural legislation of Ukraine, which regulates public relations associated with the identification, detection, investigation and judicial review of cases of illegal benefit by officials, on the precedents of the European Court of Human Rights on this issue, as well as the study and summarizing the materials of 200 criminal cases on illegal benefits considered by the courts of Ukraine in 2015-2019. …”
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The agenda premises of the judicialization of politics: policy attention in Israel’s high court of justice
Published 2025-01-01“…By examining the dynamics of policy attention, this paper contributes to our understanding of judicial review strategies beyond traditional preference and incentive-based models. …”
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The Effect of Reformed Cheque Issuance Law on Its Legal Enforcement Guarantees
Published 2024-11-01“…One of the innovations of lawmakers in this area includes the enforcement of cheque payments through judicial execution without judicial review, as well as the establishment of enforcement guarantees related to the banking system. …”
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Controle de constitucionalidade no pensamento jurídico de Neil McCormick:
Published 2024-12-01“…Inexistindo uma teoria geral do judicial review no pensamento de MacCormick, promoveu-se uma construção propositiva dos elementos centrais de uma abordagem argumentativa do controle de constitucionalidade tendo por premissas os conceitos e ilações do jusfilósofo sobre a argumentação jurídica no Estado de Direito constitucional. …”
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Controle de constitucionalidade no pensamento jurídico de Neil McCormick:
Published 2024-12-01“…Inexistindo uma teoria geral do judicial review no pensamento de MacCormick, promoveu-se uma construção propositiva dos elementos centrais de uma abordagem argumentativa do controle de constitucionalidade tendo por premissas os conceitos e ilações do jusfilósofo sobre a argumentação jurídica no Estado de Direito constitucional. …”
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The concept of a certain forensic technique and its types
Published 2018-12-01“…It has been noted that the current development of criminalistics leads to the need to apply forensic recommendations both at the stage of pre-trial investigation, and during the judicial review of criminal proceedings. In this regard, one of the tasks of a certain forensic technique is the development of methodological recommendations not only for investigators, but also for prosecutors, judges. …”
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Settlement of Tax Disputes in the Russian Federation and Germany
Published 2015-04-01“…The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. …”
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Administrative act appeal within the administrative procedure: comparative legal analysis
Published 2023-07-01“…We consider it expedient to move away from the concept of consideration of a complaint by a higher body, since administrative officials often violate the principle of impartiality and fairness when considering a complaint, and to establish that the subject of consideration of a complaint is a collective body – a commission formed by a higher-level administrative body, to provide for pre-trial resolution of a conflict (dispute), which involves individuals filing a complaint within the framework of an administrative appeal, as a mandatory condition, which will solve the problem of parallel judicial review. In order to expand the means of protection of rights and interests in the administrative procedure, it has been proposed to enshrine the right of a person to use mediation as an alternative to administrative appeal.…”
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The essence of case on the merits consideration stage in administrative proceedings
Published 2022-06-01“…During the research, using the methods of scientific analysis, explanation and generalization, an analysis of existing doctrinal developments and norms of current legislation, which determine the order and forms of administrative proceedings in relation to the judicial review of disputes, was carried out. The result of the study is the characterization of such a stage of administrative proceedings as consideration of the case on its merits, through the prism of understanding the tasks and goals of individual procedural actions. …”
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Tackling Disinformation Through Public Administration Recommendations –The Czech Experience
Published 2024-11-01“…Findings: The text critiques the conclusion drawn from the Czech administrative court case law, which holds that public administration recommendations, if not legally binding, are not subject to judicial review. This conclusion suggests, at first glance, that public administration recommendations are an activity which has no legal limits. …”
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L’administration du désordreGouverner l’hôpital psychiatrique depuis les années 1980
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