概括
这是一个很棒的节目,这是一个很棒的节目.
科学领域:
- 公共国际法国际法.
- 法律理论 法律理论
背景情况:
- "一个声音"理论假定外国国家/政府的行政认可在法律程序中具有决定性.
- 这一教义是一个不可辩驳的假设,面临着重大的理论和实际挑战.
研究的目的:
- 批判性地分析"一个声音"的教义,并争取放弃它.
- 提出一种替代规则,在解决其固有问题的同时,保持教义的核心功能.
主要方法:
- "一个声音"教义的教义分析.
- 检查其理论基础和在英语诉讼程序中的实际应用.
- 比较法律推理提出一个替代的框架.
主要成果:
- "一个声音"理论是基于对行政特权的过于广泛的概念.
- 在教义的范围和应用方面的不一致性是无法解决的.
- 这一学说造成了与其他法律原则的概念不一致.
结论:
- 由于其理论和实践上的缺陷,法院应该放弃"一个声音"理论.
- 为执行证书提出了一个具有可反驳的推定和证据权力的替代规则.
- 这种选择是为了合法目的,即可靠地确定国家/政府的地位.
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