Search results for: “discretionary review”
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Legal Authority
Legal Authority Legal Authority and Obligation This covers the following: Legal Authority Political Obligation Obligations in the Law Normativity of Law Political Obligation See more about political obligation here. Obligations in the Law Books and Papers about this subject: Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189. Matthew Lister (2012).…
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A Dictionary of Law Enforcement
A Dictionary of Law Enforcement A Dictionary of Law Enforcement is “the only dictionary available -according to Oxford University Press, its publisher- that focuses on United Kingdom (British) law enforcement terms. This legal resource contains over 3,400 legal terms, covering many United Kingdom and European Union institutions.” Most of the entries in “A Dictionary of…
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A Dictionary of Law Enforcement
A Dictionary of Law Enforcement A Dictionary of Law Enforcement is “the only dictionary available -according to Oxford University Press, its publisher- that focuses on United Kingdom (British) law enforcement terms. This legal resource contains over 3,400 legal terms, covering many United Kingdom and European Union institutions.” Most of the entries in “A Dictionary of…
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Discretion
Discretion Definition of Discretion Discretion is defined as ‘liberty of deciding as one thinks fit, absolutely or within limits’ (Concise Oxford Dictionary). Discretion and Policing Philip C. Stenning wrote in the SAGE Dictionary of Policing all the following about Discretion: “It is a central feature of every stage of the administration of criminal justice within…
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General Anti Avoidance Rule
General Anti-avoidance Rule The general anti-avoidance rule (“GAAR”) in the taxation system The GAAR allows Tax Authorities to override the tax consequences that would otherwise apply in a given situation, if those tax consequences are the product of tax avoidance. A General Anti-avoidance Rule can perform a useful role in the tax system, as a…
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Stimson’s Law Dictionary
Stimson’s Law Dictionary “A concise law dictionary of words, phrases, and maxims : with an explanatory list of abbreviations used in Law books “(1911). The Authors were Stimson, Frederic Jesup, 1855-1943 and Voorhees, Harvey Cortlandt, b. 1867. FREDERIC JESUP STIMSON was PROFESSOR OF COMPARATIVE LEGISLATION IN HARVARD and HARVEY CORTLANDT VOORHEES was lawyer in the…
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De Sanchez v. Banco Central de Nicaragua
JOSEFINA NAJARRO de SANCHEZ v. BANCO CENTRAL de NICARAGUA United States Court of Appeals for the Fifth Circuit 770 F.2d 1385 Decided September 19, 1985 GOLDBERG, Circuit Judge: Clausewitz once described war as politics carried on by other means. Here it could be said that litigation is war carried on by other means. The plaintiff’s…
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Outline of Evidence
Note: this entry is based in United States law I. Burdens and Presumptions a. Burden of Proof i. Burden of pleading 1. You have to plead a claim, to state a claim for which relief can be granted ii. Burden of production 1. Must introduce evidence to support your claim in your pleading iii. Burden…
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International Criminal Court Part 30
International Criminal Court Part 30 560 Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court Allison Marston Danner American Journal of International Law Volume 97, Number 3, July 2003 p.510 LAW JOURNAL / LAW REVIEW This article inquires into both the political accountability of the ICC Prosecutor regarding the considerable…
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International Criminal Court Part 24
International Criminal Court Part 24 462 [Symposium] Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law Cote, L. Journal of International Criminal Justice Volume 3, Number 1, March 2005 LAW JOURNAL / LAW REVIEW This paper sheds some light on the exercise of prosecutorial discretion in International Criminal Law , particularly within…
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International Criminal Court Part 24
International Criminal Court Part 24 462 [Symposium] Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law Cote, L. Journal of International Criminal Justice Volume 3, Number 1, March 2005 LAW JOURNAL / LAW REVIEW This paper sheds some light on the exercise of prosecutorial discretion in International Criminal Law , particularly within…
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International Criminal Court Part 19
International Criminal Court Part 19 373 Who’s Afraid of the Big Bad Wolf? The International Criminal Court as a Weapon of Asymmetric Warfare W. Chadwick Austin, Antony Barone Kolenc Vanderbilt Journal of Transnational Law Volume 39, Number 2, March 2006 p.291 LAW JOURNAL / LAW REVIEW 374 The Challenge of a Global Standard of…
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International Criminal Tribunal for Rwanda Part 3
International Criminal Tribunal for Rwanda Part 3 33 [Symposium] Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law Cote, L. Journal of International Criminal Justice Volume 3, Number 1, March 2005 LAW JOURNAL / LAW REVIEW This paper sheds some light on the exercise of prosecutorial discretion in International Criminal Law ,…
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International Criminal Tribunal for the Former Yugoslavia Part 4
International Criminal Tribunal for the Former Yugoslavia Part 4 55 Kerr, Rachel. The International Criminal Tribunal for the Former Yugoslavia : An Exercise in Law, Politics, and Diplomacy ; Hagan, John. Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal Jenny S. Martinez American Journal of International Law Volume 99, Number 2,…
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The Reformation of American Administrative Law
The Reformation of American Administrative law Richard B. Stewart The traditional model of American Administrative law has been centrally concerned with restricting administrative actions to those authorized by legislative directives. Professor Stewart traces the development and disintegration of the traditional model, which has proven unsuccessful in its effort to reconcile the discretionary power enjoyed…