Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 21 for “"judicial discretion"”.
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The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion
… system with the doctrine of stare decisis (i.e., judicial precedents). This doctrine has shaped the context of judging in Nigeria, especially as strict adherence to precedent somewhat impacts the use of judicial discretion in the interpretation of statutes. Judging is not static and does not …
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Judicial discretion in sentencing: contrasting reform in foreign jurisdictions with the South African system
… that the one such area is the unfettered discretion exhibited by judges in sentencing practice. This problem is not inherent to South Africa. It plagues the criminal justice systems of numerous other countries.
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The statutory derivative action under the Companies Act of 2008: guidelines for the exercise of the judicial discretion
… frivolous, vexatious or without merit. The vital judicial discretion to grant leave to an applicant to bring a derivative action entails a tension between two equally important policy objectives. A proper balance between these two underpinning policy objectives depends on the appropriate judicial …
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Law Without Recognition: The Lack of Judicial Discretion to Consider Individual Lives and Legal Equities in United States Immigration Law
… of these laws, immigration judges often have no discretion to consider personal circumstances and equities of the individuals who come before them. The effects of these laws have resulted in greater numbers of individuals being detained and deported and a significant increase in the …
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The Politics of Fear: The Dubious Logic Underlying Sex Offender Registration Statutes - Proposals for Restoring Measures of Judicial Discretion to Sex Offender Management
… effectively supervised by restoring a measure of judicial discretion to offender management. Judicial involvement in sex offender management should include discretion to determine registration duties for low-risk first-time sex offenders, authority to consider individualized risk assessment in the …
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The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law
… of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. Given the often …
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Promoting a More Circumspect Court System in Saudi Arabia : Limiting Judicial Discretionary Powers : A Dissertation
The judicial discretionary power comes to a head in problems concerning the independence of the judiciary, and the power of its decisions. Judicial discretion has been the subject of many ongoing debates to date. Proper and fair use of judicial discretion will contribute to the promotion of justice …
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Sitting in Judgement: Moral Constraints on Judicial Reasoning within the Bounds of Law
… as having the power and the duty to exercise discretionary authority in their decision making. The central questions addressed in my thesis are these: (i) need there be constraints on the exercise of this discretionary authority? (I argue, of course, that there is such a need); and (ii) what …
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Crowd Compositions for Bias Detection and Mitigation in Predicting Recidivism
… crowdsourcing, contrasting traditional judicial discretion and algorithmic models. Instead of relying on judges or algorithms, participants predicted the likelihood of re-offending using the COMPAS dataset, which includes demographic and criminal record information. The study analyzed …
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The Use of Information Technologies in the European Union’s Special Regulations on Cross-Border Civil Procedure
… tension between procedural standardization and judicial discretion. It evaluates the effectiveness of the e-Justice Portal and the operational constraints of the e-CODEX system, noting the difficulties in achieving genuine interoperability across diverse national legal systems. Furthermore, the …
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Adjudication of child relocation disputes in South Africa
… legislative guidance when exercising their discretion in CRDs. At present, judges adopt widely different reasonings when adjudicating CRDs and this has led to inconsistent CRDs jurisprudence. Due to lack of legislative guidelines, judges can choose to rely on any factor to reach their …
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The Concept of Equity in Early-Modern European Legal Scholarship
… unrelated – indeed mostly incompatible – with judicial discretion or the emendation of written rules. Thus, throughout the Middle Ages, there was almost no interaction between the writings of civil and canon lawyers on equity, and those of theologians on epieikeia. In the second chapter of my …
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An analysis of the process of ascertainment and application of customary law in the formal institutions of adjudication: Nigeria and South Africa
… pluralist theories and analyses the doctrine of judicial discretion against relevant theories on how it impacts on the ascertainment and application process. The thesis also examines the current laws and procedures that regulate this exercise to discover how it contributes to what is ascertained …
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The Growth and Limits of Judicial Independence in China
This thesis examines the nature and extent of judicial independence in China. In particular, it focuses on judicial adjudication (sifa shenpan) and explores the factors that affect judicial behaviour and how those factors influence and shape the judges’ decision-making process. In contrast to the …
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Parents on trial : jailing for child support nonpayment
… the parent to jail, focusing on the role of judicial discretion at three crucial decision points in the life of a case. Focusing on my field work in Riley County, Chapter 3 argues that child support officials police the work and family choices of nonresident parents in ways conceptually …
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Improving the tax dispute resolution process in Nigeria with special attention to the tax appeal tribunal: insights from South Africa with an emphasis on tax courts
… of the two jurisdictions, emphasis was placed on judicial independence, access to justice, procedural fairness, administrative or judicial discretion, and timeousness. A combination of empirical and doctrinal methods was used. The key findings were as follows: (a) some current shortcomings can be …
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Intoxication and self-defence : a comparative study of principles of English law and Shari'ah
… while a rigid system, which leaves no room for judicial discretion is likely to lead to injustice in certain cases. It is submitted that the very flexible nature of English law has left it full of inconsistencies and illogicalities, despite the appropriate use of judicial discretion. The …
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REDUCING DISPARITY IN JUDICIAL SENTENCING: A SOCIAL-PSYCHOLOGICAL APPROACH
… most recently also psychologists--have studied judicial sentencing. More than half a century of research, employing multiple methodologies, strongly demonstrates that the unguided use (or abuse) of discretion has frequently led to vast disparity in judicial sentencing; i.e. large variations …
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Essays on Institutions and Inequality
Submission published under a 24 month embargo labeled 'Closed Access', the embargo will last until 2027-08-01
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