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 19 of 19 for “"judicial reasoning."”.
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Sitting in Judgement: Moral Constraints on Judicial Reasoning within the Bounds of Law
… moral constraints which must be taken as guiding judicial discretion in partially regulated cases. I argue that these second-order moral constraints are binding on all judges and that our theories of judicial decision making need to acknowledge both the role and the status of these constraints. …
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A Tale of Two Sovereignties: Public Health and Fundamental Rights in COVID-Era Judicial Reasoning
… is mainly by using various forms of purely legal reasoning to justify the wholesale embrace of one type of sovereignty over the other. In France, the Conseil d’État exerts continuous effort to balance the two sovereignties, holding public health authorities to high standards of reasoning; in …
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DONNE A PROCESSO: STEREOTIPI DI GENERE NEL RAGIONAMENTO GIURIDICO
This research deals with the broad debate on judicial stereotyping and, in particular, gender stereotyping. The dissertation aims at understanding how stereotyping is related to discrimination - both at a social and legal level -, to judicial reasoning and to the construction of models of female …
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The Scope Of The Possible: Canadian Courts, Emotion, And The Assertion Of Crown Sovereignty
… considers emotion and the role emotion plays in judicial reasoning in three Aboriginal title decisions. The aim of this analysis is to draw to the surface emotional undercurrents and commitments that, together with other currents, impact the direction of judicial reasoning in these cases. Using …
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Turning points of corporate manslaughter reform in England and Wales from 1912 to 1999
… corporate manslaughter reform. Consequently, judicial reasoning and the use of post-disaster reactive legislation inhibited the type of legal reform considered at the expense of other opportunities which would have reflected the changing corporate structure of the twenty-first century.The …
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Peer to peer sexual harassment: emerging law as it applies to school building administrators' legal responsibility for prevention and response
… what support can be found in the language and reasoning of scholarly writings, regulatory documents and case law dissents to forecast expanded judicial reasoning to hold school administrators responsible for protecting students from peer to peer sexual harassment? A traditional methodology of …
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Strasbourg Jurisprudence in Domestic Courts under the Human Rights Act
… it or restrict themselves to it. However, judicial guidance to ‘follow’ the ‘clear and constant’ Strasbourg jurisprudence has fed a restrictive interpretation of the s.2 duty. The eagerness to maintain consistency with the Strasbourg Court and the central importance of the House of Lords’ …
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The Proportionality of Non-Consensual Adoption in England and Wales under s52(1)(b) of the Adoption and Children Act 2002
… in adoption cases. This thesis concludes that judicial reasoning in the courts should routinely consider UNCRC rights and the effectiveness of less restrictive alternatives. Furthermore, it argues that there is a positive obligation under ECHR Article 8 to provide State assistance in …
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To Set Aside or To Not Set Aside the Agreement Pursuant to Section 56(4) of the Family Law Act: Applying Relational Theory to Domestic Contracts Involving Spousal Support Releases and Waivers
… through a relational lens helps to explain the judicial reasoning as to why agreements were upheld or set aside while also highlighting some of the deficits in the court process and analysis. It will also highlight the lessons learned and the important implications for family law practitioners …
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Influencing justice beyond the nation state: Member State governments at the Court of Justice of the European Union
… In doing so, political scientists have neglected judicial reasoning, while lawyers have overlooked the political and economic contexts of cases and the non-legal actors involved in them. This thesis uses both quantitative and qualitative empirical methods to develop a conceptual framework for …
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Judicial politics in the Privy Council: a legal analysis of its impact on the constitutionality of the death penalty in the Commonwealth Caribbean
… such as the Privy Council is the supreme judicial body for some Commonwealth countries. The main objective of this research is to understand the extent to which the Privy Council decision making on the constitutionality of the death penalty in the Commonwealth Caribbean influenced by …
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The Human Rights Act 1998: A Bill of Rights for Britain?
… focuses on finding traces of such expansive judicial reasoning, discovering that the judiciary’s application of the Act has been distinctively uneven. In some instances, the judiciary have taken a severely restrictive approach towards the HRA, whilst in others they have taken a more expansive …
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Canadian Contract Law Teaching and the Failure to Operationalize: Theory Practice, Realism Formalism, and Aspiration Reality in Contemporary Legal Education
… Professors describe and conceive of legal reasoning, which can be considered a foundational practice shared by legal professionals, in a way that foregrounds formalist attitudes of law. These conceptions treat judicial reasoning seriously, privilege the importance of doctrine, and emphasize …
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Citizen UK 2000 and the European Convention for the promotion and protection of Human Rights and fundamental freedoms
… of the signatory- state? With regard to the judicial treatment of the rights and freedoms of the individual post the (5) Human Rights Act 1998(5), this thesis examines the functioning of Section 3 of the HRA. Analysis raises a number of questions: Does a division in judicial reasoning exist …
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A More Principled Approach to the Conflict between Privacy and Freedom of Expression in the Law of Misuse of Private Information
… two rights as it appears in the tort, and how judicial reasoning in relation to it can be improved. The rights to privacy and freedom of expression are locked in a genuine rights-conflict in the tort’s second stage, where one right must give way to the other. Private information either may or …
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Legal justice, medical authority, and madness in Qing China
… of the interface of law and medicine in the judicial practice involving homicides and madness. Between the eighteenth and early twentieth centuries, this legal-medical interface became central to assessing criminal responsibility in cases that defied normative classification. Drawing on over …
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A critical analysis of the intersection between copyright law and artificial intelligence
… disputes? It provides a critical analysis of judicial decisions relevant to the emerging trend of copyright infringement lawsuits involving AI. Given the United States' advanced stage in AI-related litigation, this chapter focuses on key cases such as Authors Guild v. Google and explores the …
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SCIENCE ON TRIAL: BRIDGING SCIENTIFIC AND LEGAL EPISTEMOLOGIES IN STRATEGIC CLIMATE LITIGATION
Come possono i tribunali confrontarsi con la complessità della scienza climatica di fronte all’urgenza della crisi climatica? È questa la domanda che guida questa tesi, dedicata a indagare l’incontro, spesso difficile ma imprescindibile, tra diritto e scienza nelle aule di giustizia. Negli ultimi …
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El control constitucional de la debida motivación judicial en procesos de amparo contra resoluciones judiciales
… por Luis Miguel Vega Luján contra resoluciones judiciales emitidas dentro de un proceso civil acumulado, en el cual se discute la presunta vulneración del derecho a la debida motivación de las resoluciones judiciales, como manifestación del debido proceso y de la tutela procesal efectiva. En el …