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Journal articles on the topic 'The review of judicial decisions'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Corns, Christopher. "Prosecution Accountability and Judicial Review." Victoria University of Wellington Law Review 53, no. 1 (2022): 1–28. http://dx.doi.org/10.26686/vuwlr.v53i1.7580.

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This article examines the various ways that prosecution decisions can be challenged and, in particular, the extent to which prosecution decisions might be susceptible to judicial review. The focus is on the decision to commence or not to commence a prosecution. First considered is the extent to which that decision can be challenged pursuant to conventional criminal procedures. The availability of tort-based civil proceedings and the extent to which prosecution decisions are susceptible to judicial review are then considered. It is argued that providing adequate avenues to challenge prosecution

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Salman, Radian, Sukardi Sukardi, and Mohammad Syaiful Aris. "JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT." Yuridika 33, no. 1 (2018): 145. http://dx.doi.org/10.20473/ydk.v33i1.7279.

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The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues. On the one hand handing down strong decisions that uphold important constitutional principles can bring great benefits to citizens and can strengthen support for democracy but on the other hand, strong role of the court in judicial review tends to encroach increasingly on the territory of the law making institution. This article examines the decision of constitutio

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Langille, Brian A. "Judicial Review, Judicial Revisionism and Judicial Responsibility." Revue générale de droit 17, no. 1-2 (2019): 169–216. http://dx.doi.org/10.7202/1059325ar.

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Judicial review of the decisions of labour relations boards has been a nagging problem for the Supreme Court of Canada for decades. The decision of the Court in Le Syndicat des Employés de Production du Québec et de L’Acadie v. Canada Labour Relations Board et al. provides an opportunity for and indeed provokes review of the work of the Court in dealing with this recurring problem. This essay begins by placing in perspective the concrete issue posed in the L’Acadie decision. But the particular facts of that case are used only as a vehicle to explore the nature of the problem of judicial review

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4

Willison, David H. "Judicial Review of Administrative Decisions." American Politics Quarterly 14, no. 4 (1986): 317–27. http://dx.doi.org/10.1177/1532673x8601400403.

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5

Sinha, Manoj Kumar S. "Judicial Activism vs. Judicial Restraint: A Comparative Review of Landmark Cases." Indian Journal of Law 2, no. 4 (2024): 103–8. http://dx.doi.org/10.36676/ijl.v2.i4.49.

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The concepts of judicial activism and judicial restraint have long been central to debates about the role of the judiciary in interpreting and enforcing the law. Judicial activism refers to a more proactive role for judges in shaping policy and protecting rights, often leading to decisions that go beyond strict interpretation of the law. Judicial restraint, on the other hand, emphasizes a more conservative approach, where judges defer to the decisions of elected representatives and adhere closely to the text of the law. This paper provides a comparative review of landmark cases that illustrate

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Wicaksono, Dian Agung, and Faiz Rahman. "Influencing or Intervention? Impact of Constitutional Court Decisions on the Supreme Court in Indonesia." Constitutional Review 8, no. 2 (2022): 260. http://dx.doi.org/10.31078/consrev823.

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The third amendment of Indonesia’s 1945 Constitution, conducted in 2001, had significant implications for the nation’s judiciary. It transformed the judiciary from a single to a dual structure. Consequently, there are two apexes of the judiciary: the Supreme Court and the Constitutional Court. Furthermore, the establishment of the Constitutional Court divided judicial review authority between the two apex courts. The Constitutional Court can review laws against the Constitution, while the Supreme Court has the power to review whether regulations, made under laws, contradict such laws. Although

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Mutiara Miyonita, Arfiani, and Feri Amsari. "Judicial Order Sebagai Penguatan Sifat Final Dan Mengikat Putusan Mahkamah Konstitusi Dalam Perkara Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum." Lareh Law Review 2, no. 1 (2024): 85–95. http://dx.doi.org/10.25077/llr.2.1.85-95.2024.

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The authority of the Constitutional Court in the judicial review against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is stated in Article 24C paragraph (3). One of the most frequently proposed judicial review is Law Number 7 of 2017 about General Elections (Election Law). The result of this review is the Constitutional Court's decision which is final, so no other legal action can be taken after the decision is issued. However, in reality the Constitutional Court's decision regarding the Judicial review of Election Laws experienced various problems in its execution which w

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8

Byelov, D., and M. Bielova. "Artificial intelligence in judicial proceedings and court decisions, potential and risks." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 315–20. http://dx.doi.org/10.24144/2307-3322.2023.78.2.50.

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This article traces the role of artificial intelligence (AI) in the judiciary and its impact on judicial decision- making processes. It explores the potential of AI in the field of justice, and also reveals the potential risks associated with its use. The article examines various applications of AI in the judicial system, including automated processing of legal information, analysis of large volumes of data, prediction of court decisions and the use of assistant robots to support judges in decision-making. The use of AI can speed up judicial processes, improve access to justice and reduc

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Hlavsa, Petr. "Rozhodování soudů o opravných prostředcích proti rozhodnutím správních orgánů." AUC IURIDICA 39, no. 2 (2020): 70–83. https://doi.org/10.14712/23366478.2025.340.

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The article “Decision-making of Courts Concerning Appeals from Decisions issued by Administrative Bodies” written by Petr Hlavsa considers the kind of administrative judiciary, namely judicial review of appealable administrative decisions. After a brief historical description, the author analyses the present regulation and concludes that, contrary to some expectations, the number of the provisions providing for this kind of judicial protection (enumerative principle) does not decrease, and the application of the law has not been limited to matters concerning health insurance and social securit

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10

Indra, Mexsasai, Geofani Milthree Saragih, and Mohamad Hidayat Muhtar. "Strength of Constitutional Court Decisions in Judicial Review of the 1945 Constitution in Indonesia." Jurnal Konstitusi 20, no. 2 (2023): 279–99. http://dx.doi.org/10.31078/jk2026.

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This research discusses the strength of the Constitutional Court's decision regarding judicial review in Indonesia. The Constitutional Court is an institution of judicial power tasked with exercising the authority of judicial review born from the 3rd Amendment to the 1945 Constitution. In this study, the philosophical and normative foundations that form the basis for the strength of the Constitutional Court's decision to conduct judicial review will be discussed. The method used is normative juridical, using secondary materials such as laws, decisions of the Constitutional Court, and related l

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11

Hooper, Grant Robert. "Three Decades of Tension: From the Codification of Migration Decision-Making to an Overarching Framework for Judicial Review." Federal Law Review 48, no. 3 (2020): 401–31. http://dx.doi.org/10.1177/0067205x20927811.

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Over the last three decades, Australian administrative law decisions about who will be allowed to stay in Australia have led to more interaction and tension between the elected government (Parliament and Ministry) and the judiciary than any other subject matter. This interaction has been intensified by Parliament’s attempts to amend the Migration Act 1958 (Cth) to codify judicial review and the procedures to be followed when making decisions under the Act. These amendments were made with the specific aim of minimising, if not practically eliminating, the judiciary’s influence over executive de

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12

Dürrschmidt, Daniel. "Judicial Review of Takeover Panel Decisions." European Business Law Review 16, Issue 5 (2005): 1133–51. http://dx.doi.org/10.54648/eulr2005053.

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13

Robertson, Aidan. "Judicial Review of Competition Law Decisions." Judicial Review 6, no. 2 (2001): 84–92. http://dx.doi.org/10.1080/10854681.2001.11427162.

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14

Conaglen, Matthew. "JUDICIAL REVIEW OF TRUSTEES’ DISCRETIONARY DECISIONS." Cambridge Law Journal 63, no. 2 (2004): 283–86. http://dx.doi.org/10.1017/s0008197304286585.

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15

Ji, Jingchun, and Yuyue Dong. "On the Assumption and Improvement of the Judicial Review Mechanism About the Central Bank." Studies in Law and Justice 2, no. 1 (2023): 11–18. http://dx.doi.org/10.56397/slj.2023.03.02.

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Generally speaking, judicial power and administrative power are two important national public powers in a country. It is precisely because of their respective powers that they need to form a check and balance relationship between them. The central bank, as an institution holding the important decisions of national monetary policy and national economic development, its relationship with the government ais either independent or subordinate to the government. It is a special administrative and financial institution. If some of its decisions and decisions are contrary to the national economic deve

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16

Razak, Askari, Taufik Perdana, Abd Rahman, and Hambali Thalib. "The Nature and Existence of Jurisprudence in State Administrative Courts in Indonesia." International Journal of Religion 5, no. 10 (2024): 5814–19. http://dx.doi.org/10.61707/240x3p30.

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This study investigates the effectiveness of jurisprudence in achieving key objectives within the judicial system, namely legal certainty, justice, and utility in decision-making. The research draws upon a theoretical framework that includes Article 28 of Law No. 48/2009 on Judicial Power, Article 22 AB (Algemene Bepalingen Van Wetgeving), and Article 1917 of the Burgerlijk Wetboek (BW), to explore the role of jurisprudence as a source of law and its significance in guiding judicial decisions. Utilizing a qualitative approach, the study employs legal analysis and case studies to examine how ju

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17

Mirza Satria Buana. "Form Review and Judicial Independence: A Comparative Perspective." Constitutional Review 10, no. 2 (2024): 340–66. https://doi.org/10.31078/consrev1023.

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This article examines the Court’s judicial review power that has gradually shifted from a strong-form review into a weak-form review. The shifting into weak-form review may affect judicial independence, both de facto or de jure, because Justices have considered the Legislature’s responds on the Court’s decisions. This approach diminishes the Court’s supremacy toward lawmakers. This article explores comparative insights from various countries that utilize those reviews, notably the United States of America (strong review), and commonwealth countries (weak review). It also elaborates on some ‘an

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18

Jones, Timothy H. "Judicial review and codification." Legal Studies 20, no. 4 (2000): 517–37. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00158.x.

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This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretica

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19

Ilkov, Vasyl. "The Supreme Court's decision in the model case as a judicial precedent in the legal system of Ukraine." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 5–16. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-1.

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The publication deals with the concept and features of the Supreme Court's decision in the model case as a judicial precedent. The judicial precedent in the legal system of Ukraine is the Supreme Court's decision in an exemplary case, which contains conclusions on the application of the rules of law and a formulated rule. After the adoption of the new version of the Code of Administrative Judiciary of Ukraine and the direct introduction of the mechanism of decision-making in the model case and the actual systematic review by the courts of first instance of numerous typical cases on the basis o

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20

Crabtree, Charles, and Michael J. Nelson. "Judging Judicial Review in the American States." State Politics & Policy Quarterly 19, no. 3 (2019): 287–311. http://dx.doi.org/10.1177/1532440019826069.

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Does the use of judicial review by unelected judges harm public support for their decisions? Scholars have often answered this question in the affirmative. We examine the extent to which the use of judicial review reduces the ability of judges to achieve acceptance of their decisions, arguing that decisions made by elected judges may be more palatable to the public. Our experimental evidence demonstrates that the public is less prone to accept both decisions made by appointed judges and judicial decisions that strike down laws. However, the public is no more likely to accept the use of judicia

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21

Buana, Mirza Satria. "Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court." Constitutional Review 6, no. 1 (2020): 36. http://dx.doi.org/10.31078/consrev612.

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The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of

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22

Baek, Buhm-Suk, and Hosung Ahn. "Korean Judicial Decisions." Korean Journal of International and Comparative Law 12, no. 1 (2024): 134–42. http://dx.doi.org/10.1163/22134484-12340192.

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Abstract This article reviews four selected major decisions by domestic courts in 2023 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases.

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Baek, Buhm-Suk, and Hosung Ahn. "Korean Judicial Decisions." Korean Journal of International and Comparative Law 11, no. 1 (2023): 138–42. http://dx.doi.org/10.1163/22134484-12340176.

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Abstract This paper reviews three selected major decisions by domestic courts of Korea in 2022 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases.

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Baek, Buhm-Suk, and Hosung Ahn. "Korean Judicial Decisions." Korean Journal of International and Comparative Law 12, no. 2 (2024): 315–23. https://doi.org/10.1163/22134484-12340212.

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Abstract This paper reviews seven selected major decisions by domestic courts from the second half of 2023 to the first half of 2024 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases.

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Baek, Buhm-Suk, and Hosung Ahn. "Korean Judicial Decisions." Korean Journal of International and Comparative Law 10, no. 2 (2022): 240–46. http://dx.doi.org/10.1163/22134484-12340171.

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Abstract This paper reviews three selected major decisions by domestic courts of Korea from the second half of 2021 to the first half of 2022 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases.

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Baek, Buhm-Suk, and Hosung Ahn. "Korean Judicial Decisions." Korean Journal of International and Comparative Law 11, no. 2 (2023): 246–53. http://dx.doi.org/10.1163/22134484-12340182.

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Abstract This paper reviews five selected major decisions by domestic courts of Korea from the second half of 2022 to the first half of 2023 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases.

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27

Maslul, Syaifullahil. "JUDICIAL RESTRAINT DALAM PENGUJIAN KEWENANGAN JUDICIAL REVIEW DI MAHKAMAH AGUNG." Jurnal Yudisial 15, no. 3 (2023): 385. http://dx.doi.org/10.29123/jy.v15i3.496.

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ABSTRAK Penelitian ini menyoal penerapan asas judicial restraint oleh Mahkamah Konstitusi. Mahkamah Konstitusi menerapkan asas judicial restraint dalam Putusan Nomor 85/PUU-XVI/2018 dan Nomor 30/PUU-XIII/2015. Judicial restraint adalah prinsip yang mengharuskan pengadilan atau mahkamah untuk menahan diri untuk membuat putusan yang bersinggungan dengan kewenangan legislatif. Dalam Putusan Nomor 85/PUU-XVI/2018 dan Nomor 30/PUU-XIII/2015, Mahkamah Konstitusi menerapkan prinsip ini dengan alasan bahwa Pasal 31A ayat (4) Undang-Undang Mahkamah Agung adalah open legal policy dan pasal yang sedang d

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28

Smaliuk, Roman, and Mykhailo Klymchuk. "General characteristics of decisions within the disciplinary proceedings against a judge as a subject of judicial appeal." Visegrad Journal on Human Rights, no. 2 (December 29, 2023): 140–46. http://dx.doi.org/10.61345/1339-7915.2023.2.20.

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Improving the procedure for bringing judges to disciplinary responsibility is one of the important elements of judicial reform and strengthening the independence, professionalism and integrity of the judiciary. An integral element of such a procedure, on which its effectiveness largely depends, is judicial control over the decisions of the disciplinary body of judges. The article attempts to analyze the existing procedure for disciplinary proceedings against a judge from the perspective of the possibilities of judicial appeal against decisions made within this procedure. The aim of the w

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29

Henderson, Laura M. "Internalizing Contestation in Process-Based Judicial Review." German Law Journal 20, no. 8 (2019): 1167–81. http://dx.doi.org/10.1017/glj.2019.81.

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AbstractThe cases challenging the European Stability Mechanism in Eurozone creditor states show the concern courts have with protecting and promoting democratic contestation. This Article shows how John Hart Ely’s theory of process-based review provides the theoretical basis for understanding how attention to democratic contestation contributes to the legitimacy of courts reviewing legislation against constitutional norms. By focusing on promoting democratic procedures, Ely argues that courts can avoid substantive decisions that are best left to the legislature. Yet, as my discussion of the co

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30

Stojanovic, Dragan. "The constitutional court review of judicial decisions." Zbornik radova Pravnog fakulteta, Nis 55, no. 74 (2016): 35–51. http://dx.doi.org/10.5937/zrpfni1674035s.

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31

Robertson, Aidan. "Judicial Review of Competition Law Decisions: theInterbrewCase." Judicial Review 7, no. 2 (2002): 88–90. http://dx.doi.org/10.1080/10854681.2002.11427211.

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32

Ince Aldy Mierald Istiawan. "PROBLEMATIKA SURAT KEPUTUSAN MENTERI LINGKUNGAN HIDUP DAN KEHUTANAN TENTANG STATUS HUTAN DI ATAS TANAH BERSERTIFIKAT HAK MILIK." Indonesian Journal of Islamic and Social Science 2, no. 2 (2024): 125–35. https://doi.org/10.71025/svbhex51.

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The problem of the executorial power in the Judicial Review Decision Number 78PK/TUN/2019 is that the execution process was not carried out in the revocation of the Minister of Environment and Forestry's Decree in the Sekaroh Forest area on land owned by the applicant. The issue discussed is the executorial power of the Supreme Court's decision in forcing the parties to carry out the decision's order. This research is normative legal research with a case approach that examines Supreme Court Judicial Review decisions which have permanent legal force and a statutory approach.. As a result of the

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Tarasenko, Vladislav, Zhanna Udovenko, Volodymyr Galagan, Yulian Kravets, and Oleg Lavreniuk. "The Evolution of Judicial Decision Review Integrating Electronic Evidence and Advanced Information Technologies." Journal of Lifestyle and SDGs Review 5, no. 3 (2025): e05569. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe05569.

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Objectives: This study aims to explore the evolution of judicial decision review processes through the integration of electronic evidence and advanced information technologies. We seek to identify the impact of these innovations on the accuracy, efficiency, and transparency of judicial outcomes. Methods: A longitudinal cohort study was conducted, analyzing judicial decision reviews over a five-year period across multiple jurisdictions. Data were collected from court records, case management systems, and interviews with legal professionals. The study focused on cases that utilized electronic ev

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34

JEON, Sang-Hyeon. "Constitutional Review and Judicial Activism." Korean Constitutional Law Association 29, no. 1 (2023): 1–42. http://dx.doi.org/10.35901/kjcl.2023.29.1.1.

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The Korean Constitution explicitly stipulates the constitutional adjudication system by the Constitutional Court(“the Court”), thereby institutionalizing judicial activism. Nonetheless, the discussion of judicial activism still holds significance in Korea, as it raises questions regarding the limits of the Court's authority and the extent of its proper exercise. The evaluation of judicial activism varies depending on one's understanding of the constitutional principles such as popular sovereignty, separation of powers and supremacy of the Constitution. The assessment of the current polit

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35

Ablaeva, Elvira Bekbolatovna. "PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no. 78 (2024): 135–47. http://dx.doi.org/10.52026/2788-5291_2024_78_3_135.

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The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan,

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36

Fernández Segado, Francisco. "La Judicial review en la pre-Marshall Court." Teoría y Realidad Constitucional, no. 28 (June 1, 2011): 133. http://dx.doi.org/10.5944/trc.28.2011.6956.

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The first eleven years of the United States Supreme Court show us a plural mosaic of feelings, perhaps even contradictory each other, with regard to the evaluation of the organ and its decisions. The view of a devaluated Court it is the frist feeling. The Circuit riding’s duty of the Supreme Court Justices, the short-lived of its sessions and the reduced number of its opinions are some of the reasons of this devaluation. Nevertheless, if we pay attention to the contents of some decisions, it is possible to change the feelings. Certainly, in this initial stage we don’t find noted cases nor impa

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Chen, Mai. "Judicial Review of State-Owned Enterprises at the Crossroads." Victoria University of Wellington Law Review 24, no. 1 (1994): 51–90. http://dx.doi.org/10.26686/vuwlr.v24i1.6245.

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This article determines the impact of the Court of Appeal decision Auckland Electric Power Board v Electricity Corporation of New Zealand on the scope of judicial review under the Judicature Amendment Act 1972, and specifically, on judicial review of the commercial decisions of State-owned enterprises. It asks why these judges differ in their approach to the scope of judicial review from those in other cases. The article then compares the approach under judicial review in this case with that under the New Zealand Bill of Rights Act 1990 in Federated Farmers of NZ (Inc) v NZ Post Ltd, and concl

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Saragih, Geofani Milthree, Mirza Nasution, and Eka NAM Sihombing. "Judicial Review Oleh Mahkamah Konstitusi: Judicial Activism vs. Judicial Restraint dalam Perspektif Kebebasan Kehakiman." Jurnal Konstitusi 22, no. 1 (2025): 039–65. https://doi.org/10.31078/jk2213.

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The discourse between the application of judicial activism or judicial restraint has become a hot issue of judicial review authority where recently the Constitutional Court through the act of judicial activism has carried out rule breaking which has attracted attention. In the practice of judicial review authority, the Constitutional Court came to the choice between judicial activism or judicial restraint. Judicial activism is a situation where the judicial review of the Constitutional Court affects the existence of positive law, while the judicial restraint of the Constitutional Court in exer

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Tabak, Benjamin Miranda, Liziane Angelotti Meira, Ana Clarissa Masuko dos Santos Araujo, and Aline Guiotti Garcia. "Behavioral Biases and Judicial Decision-Making in Brazil." Behavioral Sciences 14, no. 10 (2024): 922. http://dx.doi.org/10.3390/bs14100922.

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We identify and present Brazil’s most common behavioral and heuristic biases in judicial decision-making. Through bibliographic and specific cases, we notice the occurrence of the representativeness heuristic, availability heuristic, anchoring heuristic (anchoring effect), confirmation bias, and affect heuristic bias in Brazilian judicial decisions. We also present the current state of Brazilian legislation and its amendments that aim at impartiality in the production, the assessment of evidence, and the judge’s conviction. Finally, we present the suggestions and initiatives that aim to mitiga

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40

Shehu, Ajepe Taiwo. "Judicial Review And Judicial Supremacy: A Paradigm of Constitutionalism in Nigeria." International and Comparative Law Review 11, no. 1 (2011): 45–75. http://dx.doi.org/10.1515/iclr-2016-0095.

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Abstract This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. Th is is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the judiciary had been of recurring academic discuss in some jurisdictions with written Constitutions, particularly the United States from where Nigeria largely borrowed its presidential constitutionalism. T

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Belyaev, M. V., and O. V. Kachalova. "Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems." Pravosudie / Justice 2, no. 2 (2020): 49–66. http://dx.doi.org/10.37399/issn2686-9241.2020.2.49-66.

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Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observa

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Belyaev, M. V., and O. V. Kachalova. "Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems." Pravosudie / Justice 2, no. 2 (2020): 49–66. http://dx.doi.org/10.37399/issn2686-9241.2020.2.49-66.

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Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observa

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Prabowo, Bagus Surya, and Wiryanto Wiryanto. "Konsistensi Pembuatan Norma Hukum dengan Doktrin Judicial Activism dalam Putusan Judicial Review." Jurnal Konstitusi 19, no. 2 (2022): 359. http://dx.doi.org/10.31078/jk1925.

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This study intends to explain the consistency of the Constitutional Court (MK) in making new legal norms by using the doctrine of judicial activism and to explain the factors that underlie the consistency of the Constitutional Court in making new legal norms through normative juridical research by explaining the principles, principles, and analysis of interrelated decisions. This study concludes that the Constitutional Court is inconsistent because it only grants and makes new legal norms in the Constitutional Court Decision Number 5/PUU-V/2007. Meanwhile, in the Constitutional Court's Decisio

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Bodiroga, Nikola. "Kontrola odluke o izboru na sudijsku funkciju u postupku pred Ustavnim sudom." Anali Pravnog fakulteta u Beogradu 72, no. 3 (2024): 533–53. http://dx.doi.org/10.51204/anali_pfbu_24306a.

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The paper explores the review of decisions on the election to judicial functions. The candidate may file an appeal on the decision on the election to the judicial function to the Constitutional Court within 15 days from the day of the publication of the decision in the Official Gazette of the Republic of Serbia, which excludes the right to submit a constitutional appeal. Appeal to the Constitutional Court suspends the enforcement of the decision, which means that the elected candidate cannot take office before the appeal is decided. The scope of the Constitutional Court review has been limited

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Tushnet, Mark. "Alternative forms of judicial review." Revista de Direito Administrativo 280, no. 3 (2021): 15–40. http://dx.doi.org/10.12660/rda.v280.2021.85146.

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The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design featu

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Safa'at, Muchamad, and Aan Widiarto. "Conditional Decisions as Instrument Guarding the Supremacy of the Constitution (Analysis of conditional decisions of Indonesian Constitutional Court in 2003 – 2017)." Brawijaya Law Journal 8, no. 1 (2021): 91–112. http://dx.doi.org/10.21776/ub.blj.2021.008.01.06.

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The function of the Indonesian Constitutional Court as the guardian of the constitution is mainly conducted through the judicial review authority. Since 2003 to April 2021, the Constitutional Court has received and decided 1392 petitions over judicial review. In its dictums, the Constitutional Court often declares conditionally constitutional or conditionally unconstitutional (conditional decision). Conditional decision is a decision of the Court that declare the reviewed norm conditionally constitutional or unconstitutional. The norm is constitutional if interpreted pursuant to the Court inte

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Arnolt, Paola, and Laura Khatcherian. "Argentina Judicial Review of Antidumping Measures." Global Trade and Customs Journal 20, Issue 3 (2025): 148–56. https://doi.org/10.54648/gtcj2025018.

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In Argentina, the lack of a specialized court for unfair commercial practices, such as antidumping (AD) measures, limits the ability of affected parties to challenge decisions effectively. Judicial review is generally restricted to ensuring procedural fairness, with courts refraining from deep technical analysis of administrative decisions. Judges typically avoid questioning the technical assessments made by authorities, viewing such matters as outside their jurisdiction. Cases involving AD are often treated as political, non-judicial matters. In practice, this has meant that few cases have be

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van Bruggen, Machiel. "Democratic rights protection: the case for weak judicial review implicit in the democratic critique of judicial review – RETRACTED." European Constitutional Law Review 15, no. 1 (2019): e1-e22. http://dx.doi.org/10.1017/s1574019618000494.

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Democratic critique of judicial review – A case for judicial review based on democracy – The unsuccessful case against weak judicial review based on democracy – The distinctive democratic qualities of courts – Contestability of political decisions – The argument for weak judicial review implicit in the democratic critique

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Tsuji, Yuichiro. "Forced sterilization and abortion in Japan: Family and constitution." Bratislava Law Review 2, no. 2 (2018): 50–63. http://dx.doi.org/10.46282/blr.2018.2.2.118.

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This study analyzes the ght between the Japanese judiciary and legislature. In Japan, under the ex-Eugenic Protection Act, disabled people were obligated to undergo sterilization procedures for about 20 years. This surprising Act was established in 1948 and enabled doctors to sterilize people in order to eliminate hereditary diseases; they could also perform this procedure on physically or developmentally disabled people without their consent. The 2016 Committee on the Elimination of Discrimination against Women advised that research and compensation is urgent and necessary, but the governmen

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Lemieux, Denis. "Le contrôle judiciaire comme technique de participation des citoyens aux choix énergétiques." Les Cahiers de droit 24, no. 4 (2005): 977–1000. http://dx.doi.org/10.7202/042577ar.

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The purpose of this paper is to show how judicial review has been used in the last ten years as a participatory technique by citizens and groups in the decision making process of administrative and political decisions dealing with energy exploitation and use. In a first part, the author makes the point that judicial review is unadopted to that purpose. A second part reviews the recent case law. That review brings the author to the conclusion that the judicial forum was, by and large, an inappropriate one as far as participation was the avowed goal of plaintiffs and petitioners. But, in the las

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