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Since then, the decisions of the BVerfG can be accompanied by a minority opinion with the signature of the differing judge votes. The aim of the reform was to achieve greater transparency in court decisions and to strengthen the position of the individual judge. Special votes are also possible at some state constitutional courts in Germany.
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
Roosevelt defines judicial activism as "an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions."; [9] [10] likewise, the solicitor general under George W. Bush ...
before one who is not a judge Refers to a legal proceeding without a judge, or with a judge who does not have proper jurisdiction. corpus delicti: body of the crime A person cannot be convicted of a crime, unless it can be proven that the crime was even committed. / ˈ k ɔːr p ə s d ɪ ˈ l ɪ k t aɪ / corpus juris: body of law
Polish sociologist Ludwig Gumplowicz is believed to have coined the term "ethnocentrism" in the 19th century, although he may have merely popularized it. Ethnocentrism in social science and anthropology—as well as in colloquial English discourse—means to apply one's own culture or ethnicity as a frame of reference to judge other cultures, practices, behaviors, beliefs, and people, instead ...
The adversarial system (also adversary system, accusatorial system, [1] or accusatory system [2]) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.
Where a wide new class of distinguished cases is made, such as distinguishing all cases on privity of contract law in the establishment of the court-made tort of negligence or a case turns on too narrow a set of variations in facts ("turns on its own facts") compared to the routinely applicable precedent(s), such decisions are at high risk of being successfully overruled (by higher courts) on ...
In Western philosophy and jurisprudence, injustice is very commonly—but not always—defined as either the absence or the opposite of justice. [1] [2] [3] The sense of injustice is a universal human feature, though the exact circumstances considered unjust can vary from culture to culture.