judicial interpretation
Judicial Interpretation or Judicial Activism?: the Legacy of Rationalism in the Studies of the European Court of Justice. CES Working Paper Series No. 176, 2010
... arbitrary interpretation in practice, because otherwise laws would not be able to provide legal certainty or any shared meaning (see also Strauch 2000: ...of interpretation in law. These forms of ...
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Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflections and Analysis
... The European Convention on Human Rights Act 2003 can be understood as an attempt to achieve the protection of rights in this way. An obligation is imposed on public authorities to carry out their functions in accordance ...
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Judicial interpretation of the high court in application of the security for costs
... Essentially, this study was expected to generate answers for the uncertain issues that arise in arbitration specifically the issues that in relation to security of costs. In accordance to that, the identified issues ...
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Judicial interpretation of refugeehood: A critical comparative analysis with special reference to contemporary British, French and German jurisprudence
... identif iability of, on the one hand. Articles 1 A. (2), and 33 (principle of non-refoulement) of the UN Refugee Convention and, on the other, the above-mentioned non-refoulement provision of § 51 (1) AuslG, in the ...
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The Rape Shield Paradox: Complainant Protection Amidst Oscillating Trends of State Judicial Interpretation
... Applying this balancing approach, the court held that the trial judge correctly applied the Texas rape shield statute in excluding the admission of evidence of the complainant's prior se[r] ...
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JUDICIAL INTERPRETATION ON “RIGHT TO LIFE AND PERSONAL LIBERTY” UNDER ARTCLE 21 OF INDIAN CONSTITUTION
... As jurist says Constitution is “not a mere lawyer’s document”, but “the vehicle of Nation’s Life”. The Indian Supreme Court has created major reforms in the protection of human right, taking a judicial activist ...
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The Class Action Fairness Act of 2005: The Limits of its Text and the Need for Legislative Clarification, Not Judicial Interpretation
... restricted to cases anticipated by its framers and expressly resolved in the legislative process.” 120 Judges should only apply the law to an area where the law is intended to apply, and the plain meaning should be ...
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Eliminating Overlap, or Creating a Gap? Judicial Interpretation of the Private Securities Litigation Reform Act of 1995 and RICO
... * William J. & Dorothy K. O’Neill Chair in Law Emeritus, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on ...
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Communication Indecency: Why the Communications Decency Act, and the Judicial Interpretation of it, has led to a Lawless Internet in the Area of Defamation
... As an outlet for his anger the former client joins a legal forum on Yahoogle.com (“Yahoogle”), an extremely popular Internet Service Provider (“ISP”) with millions of subscribers. The [r] ...
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A Study on Terrorism and Judicial Interpretation of Substantive Provisions
... Limited political terrorism – Genuine political terrorism is characterized by a revolutionary approach; limited political terrorism refers to "acts of terrorism which ar[r] ...
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Judicial Interpretation of the Convention for the Prevention and Punishment of the Crime of Genocide: What Rules Apply When Determining State and Individual Responsibility?
... of interpretation of the 1969 Vienna Convention on the Law of Treaties are considered customary law and have been extensively applied by different international tribunals, including in cases involving the ...
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Judicial interpretation of consequential loss in construction contract
... Ringkasan kandungan mineral dalam kulit udang bagi sebelum dan selepas prarawatan Reka bentuk eksperimen untuk penyaringan sumber nitrogen bagi penghasilan nitrogen menggunakan [r] ...
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The First Decade of Judicial Interpretation of the Montana Wrongful Discharge from Employment Act (WDEA)
... The most expansive reading of the public policy basis for a wrongful termination claim was expressed in the Montana Su- preme Court decision in Wadsworth v. State of[r] ...
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Comparative Aspects of Trademark Protection in Chinese and Russian Legislation: Overview
... the judicial interpretation "Interpretation of the Supreme People's Court on Issues concerning the Jurisdiction over Trademark Cases and Application of Law after the Entry into Force of the ...
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Problems in General Practice under the Federal Securities Act
... Stockholders-Frequently offerings are restricted to stockholders of the issuing company, by virtue of preemptive rights or otherwise. The judicial interpretation of this[r] ...
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Accountants' Liability for Unaudited Historical and Prospective Financial Statements
... In contrast with historical financial statements, the accountants' only recent involvement with prospective financial statements has led to minimal judicial interpretation [r] ...
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Chapter 19: Rules of Criminal Procedure for the District Courts
... judicial interpretation of the Boykin case. The court adopted the principle that a guilty plea acts as a waiver only as to ·those matters directly connected with the determina[r] ...
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Investigational Treatments: Coverage, Controversy, and Consensus
... hood of securing access to innovative treatment is subject to so many variables-benefit language, judicial interpretation, state law-that a patient's prospects of secur[r] ...
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Judicial Activism in India: A Mark of Progress or a Way-in for Judicial Whims
... An important point to be noted is that the Supreme Court through its orders has not only issued directions but is involved in a continuous monitoring process so as to ensure that there are no violations of its ...
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Judicial Stress and Judicial Bullying
... to judicial office, either because of intellect, temperament or lack of ...such judicial officers except to appeal against their orders or to resolve to try to do better, if ever a judicial ...
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