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General Reference Clauses in the Judicial Process - Context of Legislative Intentions and Interpretative Discretion (Hardcover, New edition)
Loot Price: R1,516
Discovery Miles 15 160
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General Reference Clauses in the Judicial Process - Context of Legislative Intentions and Interpretative Discretion (Hardcover, New edition)
Series: Ius, Lex et Res Publica, 19
Expected to ship within 12 - 17 working days
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Total price: R1,536
Discovery Miles: 15 360
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The purpose of this work is to analyze the functioning of
extra-legal references (general clauses) in the context of the
relation between the legislative policy of opening the legal system
and judicial discretion in the field of law interpretation. This
publication is based on the analysis of normative acts (in Poland
and other selected European countries) and judicial decisions
(mainly Polish). The result of the study is an attempt to settle
the scope of judicial discretion in determining the content of
reference criteria, the basis for their application, and their role
in various stages of the process of judicial interpretation of the
law. The book concludes with an attempt to construct a comparative
and an optimization model of the functioning of general clauses in
the legal order.
General
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