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- Crimes Against Humanity (2)
- Hate Speech (2)
- Human Dignity (2)
- Human Dignity in International Law (2)
- International Criminal Law (2)
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- Persecution (2)
- Rwanda (2)
- Aborto (1)
- Basics of US Criimiinal Justice System (1)
- Criminal Justice (1)
- Criminal Law Theory and its Institutions in Brazil (1)
- Democracia (1)
- Dog sniffing (1)
- Drug dogs (1)
- Harris (1)
- Judicial Review of Administrative Action/ Decision as the Primary Vehicle for Constitutionalism: Law and Procedures in Tanzania (1)
- Law and Philosophy (1)
- Supremo Tribunal Federal (1)
Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
O Aborto Entre O Congresso E O Supremo Tribunal Federal, Rafael Mafei Rabelo Queiroz
O Aborto Entre O Congresso E O Supremo Tribunal Federal, Rafael Mafei Rabelo Queiroz
Rafael Mafei Rabelo Queiroz
Versão estendida de artigo publicado em 11/04/2012 no jornal O Estado de S. Paulo, acerca da legitimidade do STF para proceder à interpretação conforme de artigos do Código Penal para excluir a punibilidade do aborto de anencéfalos.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.
Consentimiento Y Delitos Contra La Vida Humana Desde La Perspectiva Constitucional, Felipe Jiménez
Consentimiento Y Delitos Contra La Vida Humana Desde La Perspectiva Constitucional, Felipe Jiménez
Felipe Jiménez
No abstract provided.
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
J.Benton Heath
International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
J.Benton Heath
Broad and indeterminate invocations of human dignity play a sporadic but powerful role in the adjudication of international criminal law (ICL). Drawing on detailed case studies, I argue that the concept of dignity enables courts to fill gaps in the substantive criminal law, justify expansive interpretations, resolve conflicts between competing rights and values, and potentially overcome the requirements of strict legality. These features enable judges to reach important and sometimes morally compelling conclusions. But expansive uses of human dignity come into tension with rule-of-law principles, and they challenge the self-understanding of ICL as a regime of limited subject-matter jurisdiction. This …
Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri
Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri
George Souri
This paper examines the practical consequences of most courts' rational, rather than empirical, epistemology in the context of drug-sniffing dogs. Using the case of Florida v. Harris, this paper criticizes the unscientific attitude of many courts, and argues that, by employing a purely rational epistemology to justify the use of drug-sniffing dogs to establish probable cause, the Court impedes the Constitution's skepticism of, and protection from, arbitrary government intrusions. The paper concludes by proposing a new empirical standard based on the Daubert factors.