rule of law or rule of judge
نویسندگان
چکیده
as a result of rule of law ideal, judges are required to act in accordance with laws. the ideal is justified by some political values: political liberty, legal liberty , personal liberty and equality. citizens are subject only to the law not to the arbitrary will or judgment of another who wields coercive government power. but in some cases law is indeterminate. in these cases there is an important question: how can the law command when the law books are silent or unclear or ambiguous? there are three theory in jurisprudence: legal positivism, legal pragmatism and legal interpretivism. i reject positivism and pragmatism and urge interpretivism. i believe that it provides a better account of our law.
منابع مشابه
role of judge in finding the substantive rule of law
this is the obligation of judge in civil trial to finding substantive rule of law which is governing to a case in current resource of law. as an important role, it depends to have an accurate acknowledge about rule's resources and applying it in governing legal system. in iranian positive law we can see two rule of law concerning this obligation, first in principle 167 of constitution and ...
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When one hurts or sustains a loss or damage due to harmful act, he or she shouldn't be motionless and after that, claim restitution but should act reasonably and do his or her best for blocking or decreasing of loss. The question is. Can this rule also apply to medical law? When patient hurts or subject to hurt because of physician's or other related persons' mistake, injured person should do a...
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قاعده مقتضی و مانع در متون فقهی کم و بیش مستند احکام قرار گرفته و مورد مناقشه فقهاء و اصولیین می باشد و مشهور معتقند مقتضی و مانع، قاعده نیست بلکه یکی از مسائل ذیل استصحاب است لذا نگارنده بر آن شد تا پیرامون این قاعده پژوهش جامعی انجام دهد. به عقیده ما مقتضی دارای حیثیت مستقلی است و هر گاه می گوییم مقتضی احراز شد یعنی با ماهیت مستقل خودش محرز گشته و قطعا اقتضاء خود را خواهد داشت مانند نکاح که ...
15 صفحه اولRelationship between the Rule of Law, Good Governance, and Sustainable Development
This paper reviews the relationship between the rule of law, good governance, and sustainable development as those terms are used by the relevant development organizations; describes the efforts made by various organizations to promote the rule of law and good governance; and addresses the need to strengthen compliance and enforcement for sustainable development. A recent movement, which has re...
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عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۱، شماره ۳، صفحات ۳۱۵-۳۳۳
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