Log in

Relevant bibliographies by topics / Procedural due process of law / Journal articles

To see the other types of publications on this topic, follow the link: Procedural due process of law.

Journal articles on the topic 'Procedural due process of law'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Procedural due process of law.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Henham, Ralph. "Due process, procedural justice and sentencing policy." International Journal of the Sociology of Law 23, no. 3 (1995): 233–52. http://dx.doi.org/10.1016/s0194-6595(06)80003-1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Redish, Martin H., and Lawrence C. Marshall. "Adjudicatory Independence and the Values of Procedural Due Process." Yale Law Journal 95, no. 3 (1986): 455. http://dx.doi.org/10.2307/796487.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Bradlow, Julie M. "Procedural Due Process Rights of Pro Se Civil Litigants." University of Chicago Law Review 55, no. 2 (1988): 659. http://dx.doi.org/10.2307/1599822.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Rubin, Peter J. "Square Pegs and round Holes: Substantive Due Process, Procedural Due Process, and the Bill of Rights." Columbia Law Review 103, no. 4 (2003): 833. http://dx.doi.org/10.2307/1123779.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Freeland, M. R., S. Deakin, and T. POOLE. "COMMENTARY: Procedural Fairness in Dismissals: Towards a 'Due Process' Approach?" Industrial Law Journal 27, no. 3 (1998): 233–37. http://dx.doi.org/10.1093/ilj/27.3.233.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Searchinger, Tim. "The Procedural Due Process Approach to Administrative Discretion: The Courts' Inverted Analysis." Yale Law Journal 95, no. 5 (1986): 1017. http://dx.doi.org/10.2307/796381.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Hovell, Devika. "Due Process in the United Nations." American Journal of International Law 110, no. 1 (2016): 9–48. http://dx.doi.org/10.5305/amerjintelaw.110.1.0001.

Full text

Abstract:

“For hard it is for high and stately buildings long to stand except they be upholden and staid by most strong shores, and rest upon most sure foundations”—Jean Bodin, The Six Books of a Commonweale (1576)It has been said of the redemptive quality of procedural reform that it is “about nine parts myth and one part coconut oil.” Yet, as the recent history of the United Nations shows, failure to enact adequate procedural reform can have damaging consequences for an organization and its activities. In the targeted-sanctions context, litigation in over thirty national and regional courts over due p

APA, Harvard, Vancouver, ISO, and other styles

8

McKeown, Tessa. "The Nuremberg Trial: Procedural Due Process at the International Military Tribunal." Victoria University of Wellington Law Review 45, no. 1 (2014): 109. http://dx.doi.org/10.26686/vuwlr.v45i1.4966.

Full text

Abstract:

For over 60 years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in an attempt to secure a fair trial for the 22 defendants. This article examines the history of fundamental due process rights (recognised in both Continental Europe and Common L

APA, Harvard, Vancouver, ISO, and other styles

9

Logan, Wayne A. "Liberty Interests in the Preventive State: Procedural Due Process and Sex Offender Community Notification Laws." Journal of Criminal Law and Criminology (1973-) 89, no. 4 (1999): 1167. http://dx.doi.org/10.2307/1144172.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Chulyukin, L. D., and V. V. Guryanova. "Law-Making Activity as a Type of Legal Process." Russian Journal of Legal Studies 5, no. 4 (2018): 38–44. http://dx.doi.org/10.17816/rjls18442.

Full text

Abstract:

The article studies the problem of understanding the essence of law-making as a kind of legal process. The current procedural legislation for the creation of norms of law is analyzed. Scientific research about the nature of lawmaking is studied and modern law-making activity is taken. The law-making process is researched on the basis of philosophical approaches (dialectical materialism, logical positivism, critical rationalism, etc.), general scientific (analysis and synthesis, generalization, system analysis, abstraction, etc.) and private methods (specifically sociological method, formal leg

APA, Harvard, Vancouver, ISO, and other styles

11

Bast, Jürgen. "Of General Principles and Trojan Horses — Procedural Due Process in Immigration Proceedings under EU Law." German Law Journal 11, no. 9 (2010): 1006–24. http://dx.doi.org/10.1017/s207183220002006x.

Full text

Abstract:

AbstractThe present paper concerns procedural guarantees in immigration proceedings, thus addressing the broader question of the role of the general principles of EU law in respect of administrative decision-making. The main assertion is that certain requirements of procedural due process are recognized in EU law as fundamental rights. They must therefore be observed by Member State authorities when decisions significantly affecting the legal position of a person are taken, provided that the decision is at least partly determined by EU law. The relevant immigration proceedings involve measures

APA, Harvard, Vancouver, ISO, and other styles

12

Willis, Steven J., and Nakku Chung. "No Healthcare Penalty? No Problem: No Due Process." American Journal of Law & Medicine 38, no. 2-3 (2012): 516–36. http://dx.doi.org/10.1177/009885881203800210.

Full text

Abstract:

The Patient Protection and Affordable Health Care Act (“Act”), which mandates all individuals to have health insurance and “penalizes” those who do not, is unconstitutional for five well-documented and well-argued reasons:1.The mandate for individuals to purchase healthcare (“Mandate”) exceeds Congress's power to regulate commerce among the several states under the Commerce Clause of article I, section 8, clause 3 of the U.S. Constitution.2.The penalty imposed on individuals who fail to honor the Mandate (“Penalty”) is an unconstitutional direct tax because it is unapportioned, as required by

APA, Harvard, Vancouver, ISO, and other styles

13

Freckelton, Ian. "Civil commitment: Due process, procedural fairness and the quality of decision‐making." Psychiatry, Psychology and Law 8, no. 1 (2001): 105–17. http://dx.doi.org/10.1080/13218710109525009.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Vatutina, Oksana Yu. "The Procedural Status of a Specialist and Its Legal Regulation in the Modern Russian Criminal Procedure Law." Russian judge 11 (November 19, 2020): 22–26. http://dx.doi.org/10.18572/1812-3791-2020-11-22-26.

Full text

Abstract:

This article examines the specifics of legal regulation of the procedural status of a specialist in the criminal procedure law of Russia. It is pointed out that the procedural status of a specialist is not sufficiently regulated in relation to the procedural status of an expert as participants in criminal proceedings. The author reveals the essential elements of the procedural status of a specialist as a person with special knowledge and its legal uncertainty. The article analyzes the constituent elements of the procedural status of a specialist, which include not only the rights and obligatio

APA, Harvard, Vancouver, ISO, and other styles

15

Shutenko, Oksana. "The principle of balance in civil procedural relations." Slovo of the National School of Judges of Ukraine, no. 3(28) (February 19, 2020): 153–62. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-12.

Full text

Abstract:

The article is devoted to the study of a new principle of civil procedural law – the principle of balance of civil procedural legal relations. The article contains conclusions about the deep significance of the principle of balance for the effective functioning of the justice system. The analysis of the effect of this principle in simplified procedures of civil proceedings is carried out. We distinguish the principle of the balance of civil procedural relations and understand it as achieving the equilibrium of the specified system - a stable balance of elements of the system in a limited perio

APA, Harvard, Vancouver, ISO, and other styles

16

Shutenko, Oksana. "The principle of balance in civil procedural relation." Legal Ukraine, no. 12 (December 19, 2019): 17–23. http://dx.doi.org/10.37749/2308-9636-2019-12(204)-2.

Full text

Abstract:

The article is devoted to the study of a new principle of civil procedural law – the principle of balance of civil procedural legal relations. The article contains conclusions about the deep significance of the principle of balance for the effective functioning of the justice system. The analysis of the effect of this principle in simplified procedures of civil proceedings is carried out. We distinguish the principle of the balance of civil procedural relations and understand it as achieving the equilibrium of the specified system – a stable balance of elements of the system in a limited perio

APA, Harvard, Vancouver, ISO, and other styles

17

Carter, Edward L., and Brad Clark. "Death of Procedural Safeguards: Prior Restraint, Due Process and the Elusive First Amendment Value of Content Neutrality." Communication Law and Policy 11, no. 2 (2006): 225–54. http://dx.doi.org/10.1207/s15326926clp1102_3.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Giakouminaki, Olga. "The EU Legality Principle in Public Procurement Contracts." Nordic Journal of European Law 3, no. 1 (2020): 35–59. http://dx.doi.org/10.36969/njel.v3i1.21992.

Full text

Abstract:

The early interest that EU law has demonstrated for public procurement contracts has gradually been molded into a sector-specific paradigm of European administrative law. Despite the constant movement of the sector counting already four generations of substantive and two generations of procedural EU law, its qualification as administrative law provides some pillars of stability; as an expression of a sui generis principle of legality, the award of public contracts is organized via formalistic, yet sometimes rigid and time-consuming procedures, due process emerging as a common principle among n

APA, Harvard, Vancouver, ISO, and other styles

19

Fortese, Fabricio, and Lotta Hemmi. "Procedural Fairness and Efficiency in International Arbitration." Groningen Journal of International Law 3, no. 1 (2015): 110. http://dx.doi.org/10.21827/5a86a89d8e651.

Full text

Abstract:

Procedural due process requires all legal proceedings to be fair and that every party involved is given notice of the proceedings, are treated equally, and are given an opportunity to be heard and to deal with the case of its opponent before a decision is made by a lawfully constituted tribunal or decision maker. However, while the mandatory due process requirements are of utmost importance within international arbitration, where are its limits? How far shall the equal treatment and procedural fairness go, and can it happen at the expense of procedural efficiency? The users of international ar

APA, Harvard, Vancouver, ISO, and other styles

20

Feder, Lynette. "Psychiatric history, due procedural safeguards, and the use of discretion in the criminal justice process." Justice Quarterly 12, no. 2 (1995): 279–305. http://dx.doi.org/10.1080/07418829500092681.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Doak, Jonathan, Ralph Henham, and Barry Mitchell. "Victims and the sentencing process: developing participatory rights?" Legal Studies 29, no. 4 (2009): 651–77. http://dx.doi.org/10.1111/j.1748-121x.2009.00134.x.

Full text

Abstract:

Recent years have seen a number of developments pertaining to the notion that victims should be afforded a ‘voice’ in the criminal justice system. The theoretical and structural parameters of the adversarial system are not, however, conducive to exercising such a role. For many, conferring procedural rights on victims jeopardises the due process rights of the accused, as well as the public nature of the criminal justice system. In light of the recent decision to roll out the ‘Victims' Focus Scheme’ across England and Wales, this paper explores a number of issues of principle that arise – not l

APA, Harvard, Vancouver, ISO, and other styles

22

Kantor, Mark. "Fair and Equitable Treatment: Echoes of FDR's Court-Packing Plan in the International Law Approach Towards Regulatory Expropriation." Law & Practice of International Courts and Tribunals 5, no. 2 (2006): 231–56. http://dx.doi.org/10.1163/157180306778150632.

Full text

Abstract:

AbstractIn this article, the author compares U.S. Constitutional law addressing "regulatory takings," including substantive due process, with analogous international investment law reviewing regulatory expropriations. Many of the concepts underlying the U.S. approach towards substantive due process appear in discussions of the meaning of international investment law protections, particularly the "Fair and Equitable Treatment" (F&ET) obligation. The article first reviews direct efforts by the U.S. Government to harmonize U.S. Constitutional practice and international law with respect to reg

APA, Harvard, Vancouver, ISO, and other styles

23

DeFrancia, Cristian. "Due Process in International Criminal Courts: Why Procedure Matters." Virginia Law Review 87, no. 7 (2001): 1381. http://dx.doi.org/10.2307/1073852.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Trifonova (Kazaryan), K. V. "REGULATION OF SOCIAL SECURITY FOR MIGRANT WORKERS IN THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 60–66. http://dx.doi.org/10.37279/2413-1733-2020-6-2-60-66.

Full text

Abstract:

The article provides a theoretical and legal analysis of the institution of the migration process as a type of legal process. The migration process is considered through the prism of the legal process, and the author narrows the consideration of the concept as a type of administrative process. The content of the article discusses the features of the main approaches to the concept of the essence of the administrative process and the consideration of the migration process through these approaches. The author concludes that it is possible to consider the migration process in a narrow sense, both

APA, Harvard, Vancouver, ISO, and other styles

25

Matthews, Robert B., Tommy J. Robertson, and Laura Sullivan. "Does The (Largely Unknown) Administrative Law Process Protect Or Abuse Citizens Rights?" Journal of Business & Economics Research (JBER) 11, no. 4 (2013): 173. http://dx.doi.org/10.19030/jber.v11i4.7745.

Full text

Abstract:

Administrative law consists generally of the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function.The Administrative Procedure Act, other legislation, and court decisions have established administrative agencies as a large power base, largely insulated from electoral accountability, at both the federal and state levels.Most citizens are unaware of the extent of such power, and of the extent such power can be exercised with minimal transparency. This paper reviews and evaluates the federal administrative law process, examines d

APA, Harvard, Vancouver, ISO, and other styles

26

King, Colin. "Civil forfeiture and Article 6 of the ECHR: due process implications for England & Wales and Ireland." Legal Studies 34, no. 3 (2014): 371–94. http://dx.doi.org/10.1111/lest.12018.

Full text

Abstract:

Civil forfeiture is playing an increasingly prominent role in the fight against organised crime. While this tool is attractive to law enforcement agencies, it does give rise to concerns under Art 6 of the ECHR. Such proceedings ought to attract the full range of enhanced procedural protections inherent in the criminal process. Even if the Strasbourg Court decides otherwise, there is an argument that the presumption of innocence ought to apply where civil forfeiture proceedings are instituted against a person subsequent to that person being acquitted in criminal proceedings. The Strasbourg juri

APA, Harvard, Vancouver, ISO, and other styles

27

Gulati, Rishi. "An International Administrative Procedural Law of Fair Trial: Reality or Rhetoric?" Max Planck Yearbook of United Nations Law Online 21, no. 1 (2018): 210–70. http://dx.doi.org/10.1163/13894633_021001008.

Full text

Abstract:

Highlighting that the right to a fair trial in international law now forms an aspect of international administrative procedural law, I argue when international administrative tribunals administer justice to international civil servants, fair trial guarantees must be accorded. Particularly, in this paper I assess the two leading international administrative tribunals, the United Nations Dispute Tribunal and the Administrative Tribunal of the International Labour Organisation, in terms of their compliance with fair trial standards. Focusing on the jurisprudence of the International Court of Just

APA, Harvard, Vancouver, ISO, and other styles

28

Galoob, Stephen R. "Retributivism and Criminal Procedure." New Criminal Law Review 20, no. 3 (2017): 465–505. http://dx.doi.org/10.1525/nclr.2017.20.3.465.

Full text

Abstract:

Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple view that punishment of the deserving is normatively justified. However, this Simple Retributivism licenses unjust and illegitimate rules of criminal procedure. A more refined version of retributivism, on which a person’s punishment is justified only if she deserves to be punished for the offense with which she is charged and her desert bases cause her to be liable to punishment, avoids the troubling implications of Simple Retributivism. Refined Retributivism also entails specific principle

APA, Harvard, Vancouver, ISO, and other styles

29

Горшкова, Ксения, Ksenia Gorshkova, Сергей Желонкин, and Sergey Zhelonkin. "Conciliation procedures in Russia: novelties of procedural reform." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 3 (2019): 10–19. http://dx.doi.org/10.35750/2071-8284-2019-3-10-19.

Full text

Abstract:

Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special met

APA, Harvard, Vancouver, ISO, and other styles

30

Akhtar, Zia. "Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes." International and Comparative Law Review 21, no. 1 (2021): 184–210. http://dx.doi.org/10.2478/iclr-2021-0007.

Full text

Abstract:

Summary In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated.

APA, Harvard, Vancouver, ISO, and other styles

31

Mao, Wenzheng, and Shitong Qiao. "Legal Doctrine and Judicial Review of Eminent Domain in China." Law & Social Inquiry 46, no. 3 (2021): 826–59. http://dx.doi.org/10.1017/lsi.2020.41.

Full text

Abstract:

Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This article addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent domain in China. Our empirical study reveals that Chinese courts focus on eminent domain procedures while rarely supporting claims based on public interest or just compensation. Procedural rules are determinate and therefore easier to enforce than substantial standards of public interest and just comp

APA, Harvard, Vancouver, ISO, and other styles

32

Panizzon, Marion. "Fairness, Promptness and Effectiveness: How the Openness of Good Faith Limits the Flexibility of the DSU." Nordic Journal of International Law 77, no. 3 (2008): 275–99. http://dx.doi.org/10.1163/157181008x323984.

Full text

Abstract:

AbstractThe World Trade Organization Appellate Body has drawn from international legal principles to intensify the normative impact of good faith duties vaguely described in Articles 3(10) and 4(3) of the Dispute Settlement Understanding. In the context of the Appellate Body's repeated rejection of good faith principles in the “substantive” WTO law of the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights, the development of “procedural” good faith adjudication stands out. Relating proced

APA, Harvard, Vancouver, ISO, and other styles

33

Csatlós, Erzsébet. "The EU’s Consular Protection Policy from the Administrative Law Perspective." Central European Public Administration Review 18, no. 1 (2020): 185–202. http://dx.doi.org/10.17573/cepar.2020.1.09.

Full text

Abstract:

The European Administrative Space has grown into a multi-level administrative structure characterised by the horizontal and vertical cooperation of all its levels. The sole executive responsibility of Member States’ administrations has been substituted by cooperative networks of direct and indirect level authorities due to the growing number of composite procedures. Thus, consular protection policy has evolved from an inter-governmental regime to a special European administration field. The multi-level institutionalisation of the execution and evaluation of European policies is a coherent syst

APA, Harvard, Vancouver, ISO, and other styles

34

Petit, Carlos. "Due Process and Civil Procedure, or How to Do Codes with Theories." American Journal of Comparative Law 66, no. 4 (2018): 791–810. http://dx.doi.org/10.1093/ajcl/avy048.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Ciocchini, Pablo. "Reformers' unfulfilled promises: accountability deficits in Argentinean criminal courts." International Journal of Law in Context 14, no. 01 (2017): 22–42. http://dx.doi.org/10.1017/s1744552317000593.

Full text

Abstract:

Abstract Since the late 1980s, following the transition to democratic rule in Latin America, criminal courts all over the continent have been going through a process of continuous reform. Reformers introduced an adversarial-based procedural system, arguing that it would guarantee due process and greater transparency and accountability. However, in recent years, the emphasis of this reformist narrative has changed from expanding defendants' rights towards improving the efficacy of the system. This paper explores how the original principles of transparency and accountability have been upheld in

APA, Harvard, Vancouver, ISO, and other styles

36

Nesbitt, Michael. "Due Process in UN Commissions of Inquiry: A Legal Analysis of the Procedures of Goldstone's Gaza Inquiry." German Law Journal 18, no. 1 (2017): 127–88. http://dx.doi.org/10.1017/s2071832200021891.

Full text

Abstract:

Throughout its history, the United Nations has resorted to large-scale ad hoc Commissions of Inquiry (UN COIs) to investigate serious international incidents. These UN COIs have often been highly political affairs, though their tasks and goals—including most recently investigating reports of war crimes or crimes against humanity the world over—are distinctly legal in nature. The result has been a focus on both the politics of such UN COIs—including most prominently whether their mandates or their Commissioners are biased—and on the merit of their legal-criminal findings. Yet it is the processe

APA, Harvard, Vancouver, ISO, and other styles

37

Zheltobriukh, I. L. "CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 70–73. http://dx.doi.org/10.15421/391960.

Full text

Abstract:

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legisl

APA, Harvard, Vancouver, ISO, and other styles

38

Collins, Kathleen A. "Constitutional Law: U.S. Supreme Court Clarifies Procedural Requirements for Workers’ Compensation Benefits Claim." Journal of Law, Medicine & Ethics 27, no. 2 (1999): 198–200. http://dx.doi.org/10.1017/s1073110500012936.

Full text

Abstract:

The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988 (1999), that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, and the school distr

APA, Harvard, Vancouver, ISO, and other styles

39

Rosen-Zvi, Issi, and Israel Rosenberg. "The Politics of Civil Procedure: The Curious Story of the Process for the Eviction of Tenants." Law & Ethics of Human Rights 15, no. 1 (2021): 153–86. http://dx.doi.org/10.1515/lehr-2021-2021.

Full text

Abstract:

Abstract This article examines the process for the eviction of tenants (PET), which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the story of the procedural amendments, despite their immense impac

APA, Harvard, Vancouver, ISO, and other styles

40

Fursa, S. Ya, and E. I. Fursa. "The theory of the executive process and its conceptual apparatus." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 346–51. http://dx.doi.org/10.24144/2307-3322.2021.64.63.

Full text

Abstract:

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and an

APA, Harvard, Vancouver, ISO, and other styles

41

Navot, Suzie. "Judicial Review of the Legislative Process." Israel Law Review 39, no. 2 (2006): 182–247. http://dx.doi.org/10.1017/s0021223700013066.

Full text

Abstract:

Should the process by which laws are enacted affect their legislative validity? This Article attempts to provide a justification for judicial review of the legislative process and suggests that the court should encourage legislative due process. Lawmaking means responsible lawmaking, and the court should thus be able to ensure a minimal due process of lawmaking by reviewing the legislative process. To date the Israeli Supreme Court has refrained from judicial review of Knesset legislation by virtue of flaws in the legislative process. Recently however, Supreme Court judgments seem to have endo

APA, Harvard, Vancouver, ISO, and other styles

42

Gorence, Brianna. "The Constructive Role of General Principles in International Arbitration." Law & Practice of International Courts and Tribunals 17, no. 3 (2018): 455–98. http://dx.doi.org/10.1163/15718034-12341389.

Full text

Abstract:

AbstractIn international arbitration, treaty standards, such as fair and equitable treatment (FET), general procedural norms, such as due process, and excuses for suspension of performance, such as the exceptio defense, draw on general principles of international law to clarify their interpretation and application. This article will (1) show what general principles of international law are, how they form and how they are distinct from general principles in domestic, public and private law systems; (2) illustrate their role with specific attention to their unique application in different intern

APA, Harvard, Vancouver, ISO, and other styles

43

Bryan, Ian, and Peter Langford. "Impediments to the Expulsion of Non-Nationals: Substance and Coherence in Procedural Protection under the European Convention on Human Rights." Nordic Journal of International Law 79, no. 4 (2010): 457–79. http://dx.doi.org/10.1163/157181010x531296.

Full text

Abstract:

AbstractThis article offers a critical assessment of the interpretative positions adopted by the European Court of Human Rights as to the applicability of Convention rights and freedoms to the deportation of “aliens” resident in the territory of a Contracting State. The article considers inconsistencies in the Court's jurisprudence and argues that these inconsistencies are a result of the characterisation of deportation proceedings as administrative events. The authors also explore the nature of Contracting States' deportation procedures and examine key features of the procedural guarantees af

APA, Harvard, Vancouver, ISO, and other styles

44

Christianto, Hwian. "From Crime Control Model to Due Process Model: A Critical Study of Wiretapping Arrangement by the Corruption Eradication Commission of Indonesia." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 03 (2020): 421–42. http://dx.doi.org/10.22304/pjih.v7n3.a7.

Full text

Abstract:

This study compares three formal criminal laws on the corruption act to show the importance of due process model for wiretapping/lawful interception in Indonesia. Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption case linked with the due process model as an effort to guarantee the right of pri

APA, Harvard, Vancouver, ISO, and other styles

45

Christianto, Hwian. "From Crime Control Model to Due Process Model: A Critical Study of Wiretapping Arrangement by the Corruption Eradication Commission of Indonesia." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 03 (2020): 421–42. http://dx.doi.org/10.22304/pjih.v7n3.a7.

Full text

Abstract:

This study compares three formal criminal laws on the corruption act to show the importance of due process model for wiretapping/lawful interception in Indonesia. Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption case linked with the due process model as an effort to guarantee the right of pri

APA, Harvard, Vancouver, ISO, and other styles

46

Sluiter, Göran. "Due Process and Criminal Procedure in the Cambodian Extraordinary Chambers." Journal of International Criminal Justice 4, no. 2 (2006): 314–26. http://dx.doi.org/10.1093/jicj/mql010.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Skryabin, Oleksiy, and Dmytro Sanakoiev. "Peculiarities of implementation of the principle of legality in the criminal process of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (2021): 253–57. http://dx.doi.org/10.31733/2078-3566-2021-1-253-257.

Full text

Abstract:

The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculi

APA, Harvard, Vancouver, ISO, and other styles

48

CARDOSO, Henrique Ribeiro, and Ismar Dos Santos VIANA. "A DUPLA NATUREZA DO PROCESSO DE CONTROLE EXTERNO: SEGURANÇA JURÍDICA E EFETIVIDADE DAS POLÍTICAS PÚBLICAS DE DIREITOS HUMANOS." Revista Juridica 3, no. 56 (2020): 500. http://dx.doi.org/10.21902/revistajur.2316-753x.v3i56.3793.

Full text

Abstract:

RESUMOObjetivos: Este artigo objetiva analisar as reais causas do déficit de efetividade dos Tribunais de Contas. A Constituição Federal outorgou-lhes competências elencadas no art. 71, instituindo parâmetros para a edição de uma lei nacional para regulamentar o processo para a materialização do exercício de controle interno. O efeito da ausência legislativa tem levado à insegurança jurídica no controle das finanças públicas, de um lado, pela inobservância dos direitos e garantias processuais dos sujeitos que têm o dever de prestar contas e, do outro, pela dificuldade no alcance dos fins objet

APA, Harvard, Vancouver, ISO, and other styles

49

Weisberg, Robert. "The Impropriety of Plea Agreements: An “Anthropological” View." Law & Social Inquiry 19, no. 01 (1994): 145–48. http://dx.doi.org/10.1111/j.1747-4469.1994.tb00394.x.

Full text

Abstract:

David Lynch nicely captures what John Langbein has denounced as the “torture” of plea bargaining. Langbein's wickedly suggestive essay traced modem criminal trial practice back to medieval criminal systems in which the body of the defendant became the victim in a social sacrifice. The modern analog, for Langbein, is that the Warren Court due process revolution “guaranteed” defendants a wide variety of procedural rights that society simply cannot afford (or, Lynch would say, refuses to afford) them. The result is the outrageously generous offer the state makes to the defendants. Put somewhat di

APA, Harvard, Vancouver, ISO, and other styles

50

Robertson, James E. "Recent Legal Developments." Criminal Justice Review 37, no. 2 (2012): 281–94. http://dx.doi.org/10.1177/0734016812438850.

Full text

Abstract:

This annual survey examines important prisoners' rights cases decided by the U.S. Courts of Appeals during 2011. These cases addressed constitutional questions about inmate-on-inmate violence, lockdowns, delayed medical care, custodial suicide, gender identity disorder, excessive staff force, unsolicited mail, religious dress and diets, impermissible staff retaliation, cross-gender searches, and procedural due process. In addressing these constitutional questions, the U.S. Courts of Appeal created new law and/or applied clearly established law. Because the U.S. Supreme Court will only rarely g

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!