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1764 Uppsatser om Judicial review - Sida 1 av 118

Judikalisering och demokrati: Lagprövningsrätten i förändring?

In this thesis I examine the development and expansion of judicial power in Sweden. The concept of Judicial review is defined and related to democratic theory, and the various forms of Judicial review in use in Sweden are explained. The main focus is on the political and scientific discussion concerning Judicial review since the mid 1970s. It is shown that Judicial review so far has been used only to a limited extent and that the number of court cases has remained quite stable over time. The main cause of judicialization seems to be the supremacy of EU law following the Swedish EU membership in 1995 and the inclusion of the European Convention on Human Rights into Swedish law.

Demokrati och lagprövning - Om rättfärdigandet av en positiv respektive negativ inställning till lagprövning som institution i demokratin

This essay concerns the issue of democracy and Judicial review. The main focus is on the justification of both a positive and a negative attitude towards Judicial review, and the values these justifications are based on. The analysis is made by textual analysis of four authors with different opinions of the subject matter: Robert Dahl and Jeremy Waldron who has a negative attitude towards Judicial review, and Erwin Chemerinsky and Ronald Dworkin who are positive about it. In the analysis an analytic frame is used which consists of different dimensions and aspects of the problem of democracy and Judicial review. The study shows that there are important differences in democratic values between a positive and a negative justification of Judicial review.

Föräldrars missbruk och barnets bästa : en dokumentanalys av LVU-mål

The aim of this essay was to examine how the decision-making in LVU cases are motivated in the judicial decisions. How has the principle of whats in the best interest of the child been noticeable in these judicial decisions and how are the child's needs and the consequences for the child of the drug abuse been described? When the parents have been judged to have given a non acceptable consent, how have they been described and how has the parents described the situation?Our research is of a qualitative nature, a document analysis of judicial decisions in LVU cases. We analyzed eight court cases containing decisions from County Court, Fiscal Court of Appeal and The Supreme Administrative Court.Our results showed that parents were described in the judicial argumentation as negative stereotypes and a picture of unreliability were created. What was best for the child were not expressed in words but woven into the children's needs and in most cases the consequences of the abuse of drugs were not made clear..

Maktdelning : och konstitutionellt rättighetsskydd

The topic of this master thesis in legal science is state law and constitutional law, or more specific judicalization, with the division of power and thus increased individual legal rights in various forms. Sweden has traditionally had a weak constitutional protection for the individual?s legal rights. The public power has been concentrated to the government and the courts have only played a marginal role. Since the implementation of the European convention of legal rights and with the ever-increasing importance of the legal system of the European Union, the Swedish legal system gone through changes of historical dimensions.This master thesis is based on the legal dogmatic method where laws, preparatory work, case law and doctrines have been systemized.

Djurförbud : en analys av domar enligt 29 § Djurskyddslagen samt definition av resurs- och funktionskrav

The aim of this study is to with the help of my data, conduct statistic analyses about animal welfare mistakes and scarities, as a preventive measure for the public sector point of view and how farmers handle their animals in these cases, when and how these mistakes and scarities are likely to appear and in this way perhaps manage the existing problems. The aim of using judicial decisions of banning ownership and caretaking of animals according to the 29 § is that this judicial decision is the outermost fortification of animal welfare. In November 1938 the pro tempore investigator handed over a report with a proposition according the animal welfare legislation. Pro tempore proposed that the court should in some cases, be able to order a person guilty of cruelty against animals to a ban of owning or taking care of animals. This proposal unfortunately was turned down. The question about introduce a ban against owning or taking care of animals into the Swedish animal welfare legislation was again discussed in April 1967 at an interpellation debate in the parliaments second chamber.

"Vi har ju alla en tårtbit i det hela" - en studie om samverkan i arbetet med hedersrelaterat våld och förtryck

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

Under vilka fo?rutsa?ttningar kan tjänster outsourcade av finansiella bolag undgå merva?rdesskatt? : En studie av praxis med utgångspunkt i SDC-fallet

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

Särskild medling i dispositiva tvistemål : Om behovet och bruket av medling, samt dess relation till rättskipningen

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

Synnerliga skäl för fortsatt förvar : En analys av förslaget i SOU 2011:17 om att ersätta synnerliga skäl med proportionalitetsprincipen

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

Det handlar om tur: en kvalitativ studie av rättsprocessen vid kvinnofridsbrott

The purpose of this essay was to examine the experience of the judicial process concerning domestic violence from the perspectives of abused females and from some of the authorities and organisations which meet these women. The essay investigated several views of the judicial process in order to obtain a wide perspective. It responded to the following questions:- How are abused women treated by the authorities and organisations?- Are there enough resources and knowledge among the authorities and organisations?- Is there any collaboration between the authorities and organisations which the female meets in the judicial process and if so, how does it look like?- What does the aspect of security of person look like for the women which have been exposed to domestic violence?- What in the judicial process is important for the women's ability to move on in her life after experiences of violence in a relationship?This study was based on a qualitative method, where the interviews constituted of empirical material. The essay was based on interviews with two females who have experiences of violence in a relationship, two social workers from Kvinnojouren in Lund, two social workers from Kriscentrum in Lund, one lawyer, one prosecutor, one policeman and one social worker from Kvinnoforum in Lund.

Obehörig vinst -- en möjlighet eller onödighet?

SummaryUnjustified enrichment is an obvious part of the jurisprudence in the majority of countries in Europe. But not in the Nordic countries, and certainly not in Sweden. This depiction of the Swedish posture is based mostly on Hellner?s thesis from 1950. A lot has happened since then, not to mention Sweden?s entry in to the EU.

Det samiska språket : i det politsiak arbetet kring smaiska frågor

The aim of this study is to investigate oral peer review on argumentative speech and to study the attitudes towards this peer review. The investigation was performed in an up-per secondary school class, and it focused on the different types of oral responses students give each other. In addition, the study investigated in what way the students experience this type of peer review. The results show that students reflect on form and performance as well as content, but they place more emphasis on form and performance than content. Students are positive about peer review and its importance for their progress.

"Du pratar som dom i Sommarpratarna" : Om gymnasieelevers respons på argumenterande tal och attityder till respons

The aim of this study is to investigate oral peer review on argumentative speech and to study the attitudes towards this peer review. The investigation was performed in an up-per secondary school class, and it focused on the different types of oral responses students give each other. In addition, the study investigated in what way the students experience this type of peer review. The results show that students reflect on form and performance as well as content, but they place more emphasis on form and performance than content. Students are positive about peer review and its importance for their progress.

EU:s behörighetsregler utvidgas? : En studie av kommissionens förslag till en reviderad Bryssel I-förordning

The Brussels I-Regulation, often referred to as the Jurisdiction Regulation, is said to be the matrix of the European judicial cooperation system within the area of international private law. The Regulation states how jurisdiction is to be determined in an international dispute. The aim of the Regulation is to ensure that parties in a dispute within the EU have access to justice.The Regulation is considered to be working well in general, and have been since it came in-to force in 2007. Although it is held to be well functioning it does not exclude that some improvements might be needed. The commission ordered a review of the Regulation and the result was that some deficiencies were identified.

Otydliga rekvisit i BrB 4 kap. 1 a § om människohandel : Tolkningsproblem i frågan om kontroll och otillbörliga medel

The thesis will discuss the interpretations of the two requisites; Control and improper means in the paragraph concerning trafficking in human beings, who can be find in the Swedish penal code chapter 4, section. 1 a. This paragraph is worded in a way that indicates that the paragraph is misinterpreted and that it is therefore hard to proof that the present requisites have been used or fulfilled. However, Sweden has by accepting international legal framework committed itself to do anything in its power to prevent, suppress and punish trafficking in persons. The interpretation of the paragraph has shown that the difficulties have mainly depended of its indistinct formula.A new review published in April 2008 shows that the paragraph should be afforded a new wording, and therefore contain new requisites.

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