نتایج جستجو برای: can rescinded judicial precedents
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The regulatory documentation in the electrical power industry contains such terms as “technical re-equipment”, “reconstruction”, “expansion”, “modernization”, “repair” and “operation”. Some of them are easily defined while specific differences some require deeper study documents technical, legal, account-ing tax areas. At same time, incorrect use these can lead to problems both industrial activ...
An aspect of the battle over deconstruction is whether resort to legislative intent might help to determine the content of a statutory text that otherwise, in splendid isolation, could be deconstructed by simply positing different interpretive contexts. I examine the same issue by recounting my own quest for determinate meaning in statutes—a sort of personal legislative history. I do not claim ...
Abstract Parties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines Arbitration and Conciliation Act (ACA) vis-à-vis Constitution. The main argument is that Constitution read alongside ACA confe...
The object of this paper is to analyze some main types judicial arguments based on precedents grasp their relevance and range in practice. analysis drawn from the case law Italian Court Cassation Civil United Sections, elicit a comparison between uses different legal systems. However, an explanatory or critical-reconstructive nature illustrates series problems linked reasoning, scope which gene...
Stories can be a powerful vehicle of persuasion. We typically use stories to link known events into coherent wholes. One way to establish coherence is to appeal to past examples, real or fictitious. These examples can be chosen and critiqued using legal case-based reasoning (CBR) techniques. In this paper, we apply these techniques to factual stories, assessing a story about the facts using pre...
Judicial independence is widely considered to be a foundation for the rule of law (Council of Europe 1998; United Nations 1985), and establishing judicial independence in developing and transition economies has become a major goal of donor-supported legal and judicial reform programs. This topic brief will address three questions related to judicial independence. First, what exactly does "judic...
With the promotion of rural revitalization strategy and transformation society, number cases involving civil disputes village regulations agreements is increasing. Due to lack relevant judicial rules, courts are faced with dilemmas such as unclear scope accepting cases, different standards legality review, ambiguous identification membership collective economic organizations. Based on 386 prece...
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