نتایج جستجو برای: can rescinded judicial precedents
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BACKGROUND The use of different forms of coordination according to situational demands plays a crucial role in teams working in complex environments. This study aimed to describe patterns of coordinative actions (CAs) as they occur during anaesthesia induction and to analyse the influence of two crucial situational factors on these patterns, namely the amount of existing standards and the level...
A nurse who claims her 'excessive pillow plumping' led to an unfair police record has won a landmark court ruling.
Constitutional theorists usually assume that minority-protective judicial review leads to outcomes more favorable to the protected minority and less favorable to the majority. Our analysis highlights an indirect effect of judicial review that complicates this conventional wisdom. Without judicial review, pro-majority and pro-minority leaders adopt different policies. Because judicial review lim...
The two main types of law are legislation and precedents. Both types have a corresponding reasoning pattern determining legal consequences: legislation can be applied and precedents followed. The separate modelling of these two reasoning patterns using logical techniques has recently seen considerable progress. About the logical links between the two less is known, although progress has already...
Error is instances of illegality,although there is a strong belief in the validity of the act,but judicial review of it can be accompanied by enforcement and judicial remedies.The court,in addition to the Certiorari in error of law cases in the verdict,can replace the true decision.The prohibitory order can only be made after the decision has been made by the public authority in order to prev...
I intuitively agree with Segal and Spaeth's conclusion that Supreme Court justices are guided in their decision-making by their personal beliefs and attitudes. For one thing, if jurists ideological beliefs were not important, the party of the president who nominated a justice would not matter, which seems clearly at odds with the facts. I also acknowledge the difficulties the authors face in at...
This article shows that judicial review has a democratic justification, although it is not necessary for democratic government and its virtues are controversial and often speculative. Against critics like Waldron and Bellamy, it shows that judges, no less than legislators, can embody democratic forms of representation, accountability and participation. Hence, judicial review is not undemocratic...
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