Webb“This is not a case, as has been suggested, of what is sometimes called judge-made law. There is, in fact, no such thing as judge-made law, for the judges do not make the law, though they frequently have to apply existing law to circumstances as to which it has not been authoritatively laid down that such law is applicable”. Webbcase Ais objectively like case B, then the two cases should be decided in a similar way. By establishing a rule that defines similarities according to cases’ objective characteristics as opposed to the subjective perceptions of the judge, the maxim forces decisions to be consistent with rules.
The Hybrid Methodology for the EU Principle of Consistent ...
WebbTranslations in context of "consistency with the case law" in English-French from Reverso Context: With regard to the exercise of diplomatic protection on behalf of shareholders, the Nordic countries are content that the Commission has ensured overall consistency with the case law of the International Court of Justice, based on the Barcelona Traction case. Webb3 apr. 2024 · rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. … meta analysis lancet
A Guide to Reading, Interpreting and Applying Statutes
Webb28 mars 2024 · Promote consistency. Promote, provide, and maintain order. All of the above. As a judge, Baxter applies common law rules. These rules develop from: Decisions of the courts in legal disputes. Regulations issued by administrative agencies. Statutes enacted by Congress and the state legislatures. Uniform laws drafted by legal scholars. … Webbthis rule of construction in Continental jurisdictions is that the legislature can simplify the code by omitting references to intentional conduct; with intentional and negligent conduct the only forms of culpability, a provision silent on the form of culpability would be read as requiring an intentional violation. Webb12 maj 2009 · It is clear that the crime of conspiracy cannot be committed by an individual acting alone since, by definition, conspiracy is a group offense. United States v. Fox, 130 F.2d 56, 57 (3d Cir.), cert. denied, 317 U.S. 666, 63 S.Ct. 74, 87 L. Ed. 535 (1942). meta analysis in systematic review