Law Journals | Jurnal Online Page 37

Balancing Formalism and Justice An Analysis of Indonesian Mahkamah Agung’s Obscuur Libel Case Law in Light of ECtHR Standards

Law

Legal formalism plays a crucial role in ensuring consistency and predictability in judicial decision-making. However, excessive formalism can obstruct...

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This paper tackles a highly relevant and perennially debated issue within legal scholarship: the delicate balance between procedural formalism and the...

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Asfa Asfiais Sholihah

Policy on the Provision of Contraceptive Devices for School-Aged Children and Adolescents from the Perspective of Legal Utility

Law

The policy on providing contraceptive devices for school-aged children and adolescents in Government Regulation No. 28 of 2024 on Health does not clar...

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This study tackles a highly pertinent and sensitive issue concerning public health and legal policy in Indonesia: Government Regulation No. 28 of 2024...

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Barbara Janusz-Pohl

Is a new constitutive rule born or rather brought to life? Interpreting admissibility of evidence based on the judgment of the CJEU in the EncroChat case

Law

The article analyzes the admissibility of evidence under Directive 2014/41/EU, focusing on a new constitutive rule for evidentiary action recognized b...

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The article, "Is a new constitutive rule born or rather brought to life? Interpreting admissibility of evidence based on the judgment of the CJEU in t...

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Cláudia Toledo

Are There Really “Tragic Cases”?

Law

The aim of this article is to critically analyze the concept of the tragic case proposed by Manuel Atienza, starting from the same basis – the work of...

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This article, titled "Are There Really 'Tragic Cases'?", presents a sharp critical analysis of Manuel Atienza's concept of the "tragic case." The auth...

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Ana Raquel Gonçalves Moniz

Juridicity and Legality

Law

This text aims to explore the moments of divergence and convergence between the constructions that led to the emergence of the rule of law and the Rec...

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The paper proposes to delve into a highly pertinent and complex area of comparative constitutional and public law: the conceptual evolution, divergenc...

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Milena Korycka-Zirk

Proportionality vs. legalism

Law

The rule of law is fundamentally anchored in the legality of state actions, ensures that state bodies operate within the legal frames. The interplay b...

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This paper, titled "Proportionality vs. legalism," offers a compelling argument for the fundamental coherence of legalism and proportionality within t...

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Jorge Silva Sampaio

The Normative Foundation of Proportionality

Law

Understanding the normative foundation of proportionality requires distinguishing between the reasons explaining its incorporation and content in lega...

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This paper presents an ambitious and thought-provoking analysis of the normative foundation of proportionality, seeking to move beyond mere explanatio...

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Manuel Atienza

Defeasibility and Balancing

Law

"Defeasibility" and "balancing" are expressions introduced in recent times to deal with longstanding legal phenomena, which in the context of the cons...

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The paper "Defeasibility and Balancing" proposes a timely and pertinent examination of two critical legal concepts that have gained particular promine...

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Marek Zirk-Sadowski

Legality and Proportionality in the Performance of Law: Introduction

Law

The fourth volume of Undecidabilities and Law is dedicated to the relationship between legality and proportionality in the context of practical perfor...

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This introductory piece effectively sets the stage for the fourth volume of 'Undecidabilities and Law,' which promises a deep dive into the intricate...

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This paper, "Kedudukan Konsumen dalam Hubungan Hukum dengan Pelaku Usaha di Indonesia," addresses a critical and highly relevant issue concerning the...