GROUNDS FOR CANCELLATION OR CHANGE OF JUDICIAL DECISIONS IN CASSATION PROCEDURE
نویسندگان
چکیده
منابع مشابه
Extraneous factors in judicial decisions.
Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings...
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Today, in leading administrative law systems, the judicial process along with the law is the most important source of legal rules, and the law alone can not feed the legal system. Although in the administrative law system of Iran, the use of judicial procedure has often been considered as a source and interpretation of the law and not as the main source, but the role of administrative courts, ...
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In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumenation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological...
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ژورنال
عنوان ژورنال: Bulletin of the South Ural State University series "Law"
سال: 2018
ISSN: 1991-9778,2412-0588
DOI: 10.14529/law180106