scholarly journals GUARANTEE OF CONSTITUTIONAL CONTROL IN LABOR TRIALS IN NICARAGUA

2020 ◽  
Vol 7 (13) ◽  
Author(s):  
Karla Ninoska Pineda Gadea
Keyword(s):  
Case Analysis ◽  
Legal Norm ◽  
Synthetic Method ◽  
Appeals Courts ◽  
Constitutional Justice

This article is part of an investigation with the same title that aimed to analyze the guarantees of constitutionality control in labor trials in Nicaragua, to achieve this the analytical-synthetic method is adopted. the legal norm, doctrine and institutions on labour protection were diluted, which generally start from the particular in a historical-evolutive order. Similarly, the method of case analysis was considered inescapable; some methods complement and allow the enrichment of the investigation, in which Nicaragua was found not to have a mechanism that provides access to constitutional justice in labor matters and therefore the parties to the labor processes have initiated malpractice of the amparo appeal, seeking to use it as a third instance. The main recommendation is the development of criteria that guide the constitutional chamber and appeals courts to set limits and define clear criteria on which litigants can allege constitutional violations.

scholarly journals Constitutional and judicial argumentation and the transformation models of normative legal regulation

2021 ◽  
pp. 39-57
Author(s):  
Aldar Munkozhargalovich Chirninov
Keyword(s):  
General Rule ◽  
Legal Regulation ◽  
Legal Norm ◽  
Transformation Models ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Time Space ◽  
Constitutional Justice ◽  
Judicial Argumentation

This article explores the interrelation between constitutional and judicial argumentation, and the key transformation models of normative legal regulation under the influence of constitutional and judicial decisions. Using the analysis and summarization of the extensive constitutional and judicial practice, the author describes the argumentative patterns emerging as a result of appeal of the constitutional justice bodies to particular variants of normative correction. Special attention is given to such corrective measures as disqualification of the legal norm, formulation of an exception to the general rule, modification of the hypothesis and disposition of the legal norm, correction of its sanction, clarification of the mechanism of action of the legal norm in time, space and scope of persons, filling of the legislative gaps, and securing additional guarantees. The novelty of this research consists in studying the constitutional and judicial argumentation from instrumental perspective, namely in the context of its of carrying out of its official function with regards to constitutional control, which allowed outlining the argumentative patterns that are prevalent within the constitutional discourse, and thus grasp the mechanism of generation of arguments. The acquired results demonstrate that conceptually, the reasoning of the constitutional justice bodies reflect the process of critical re-evaluation of the current legal regulation and determination of its constitutional flaws with simultaneous projection of the normative model that fits into the constitutional framework. The conclusion is formulated that the constitutional and judicial argumentation aims to indicate the most acceptable variant of regulation from the constitutional perspective, outline the eligible lawmaking divergence from the constitutional standards legal regulation, as well as explain which part of the normative legal regulation should be corrected based on the constitutional requirements.

Mode Deactivation Therapy: A theoretical case analysis (Part II).

2004 ◽  
Vol 4 (4) ◽  
pp. 395-434
Author(s):  
J. A. Apsche ◽  
S. R. Ward Bailey
Keyword(s):  
Case Analysis

Zones of major ethical tension for the students’ dealing with information: The case analysis based on the «academic fraud triangle» AT

2020 ◽  
Author(s):  
Tatiana Eremenko ◽  
◽  
Vladimir Fulin ◽  
Keyword(s):  
Case Analysis ◽  
Fraud Triangle ◽  
State University ◽  
Main Method ◽  
Academic Fraud ◽  
Ethical Tension

The findings of the study revealed the heightened tension zones for the students’ dealing with information based on checking graduation theses texts for matching content at Ryazan S. Yesenin State University. The case analysis was applied as the main method of investigation. Generalized data, obtained as the result of four cases analysis, demonstrate that the highest tension is observed in the area of the academic ethos values like honesty, respect and responsibility.

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