Theoretical and practical basis that feed the necessity to apply the discretionarry law

Journal Title: Revista Institutului Național al Justiției - Year 2016, Vol 38, Issue 3

Abstract

During the law’s history the necessity of discretionary application of the law has demonstrated its vitality theoretically, scientifically argued, but, firstly, practically. The request of righteousness, equity, reasonableness, dignity, humanism, interest balance, public order, person’s protection and justice should have a proper offer for both parties, simple people and the whole society. One of these offers is the discretionarry law – a necessity by means of which the request of all categories above-listed as general human values is covered.

Authors and Affiliations

Dumitru Postovan

Keywords

Related Articles

Constitutional guarantee on pension rights

European Court of Human Rights when interpreting the art.1 from the Protocol 1 is constantly enlarging its field of application, modifying a classical vision of the goods and property. In this context, the pension right...

Territorial competence when examining civil cases in the order of the administrative context

In this article there are analyzed some problematic aspects on territorial competence when examining civil cases in the order of the administrative court. It is revealed that for appealing the administrative acts with no...

Negligent performance of duties: delimitation of some similar criminal acts (I)

The study aims to identify similarities and differences between the abuse of power or abuse of official position (art.327 PC RM) and negligent performance of duties (329 PC RM). Comparative with abuse of power or abuse o...

Judicial discussions in the abbreviated procedure

Judicial debates are the stage in which the principles specific to the judgment (advertising, oral, and contradictory) are manifested in their fullness, confronting directly and directly the fundamental procedural functi...

Normative consecration of international individual criminal liability in international law

The horrors of the two world wars, reproved by the entire international society as inevitable consequence had the establishment of the mechanism of international liability of individuals who have committed war crimes. Th...

Download PDF file
  • EP ID EP195329
  • DOI -
  • Views 61
  • Downloads 0

How To Cite

Dumitru Postovan (2016). Theoretical and practical basis that feed the necessity to apply the discretionarry law. Revista Institutului Național al Justiției, 38(3), 51-60. https://europub.co.uk/articles/-A-195329