Results 1 to 10 of about 4,094 (242)

The Metaethics of Constitutional Adjudication [PDF]

, 2018
The book explores the metaethical foundations of value-based arguments in constitutional adjudication. The argument develops in four steps. First, the book identifies three dominant types of value-based arguments in comparative constitutional practice: the arguments from constitutional identity, common sentiment, and universal reason.
Tripković, Boško,
exaly   +5 more sources

The Proliferation of Constitutional Law and Constitutional Adjudication, or How American Judicial Review Came to Europe After All

Utrecht Law Review, 2013
This article submits that the continental European (Kelsenian) model of constitutional adjudication is affected, if not undermined, by the proliferation of constitutional adjudication outside centralized constitutional courts, due to 'globalization' in ...
Leonard F.M. Besselink
doaj   +2 more sources

Composition and structure of the East-Central European constitutional courts [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu, 2022
The present paper is going to deal with the composition, the recruitment base, the operational mechanisms and the innen structure of the constitutional courts in the course of constitutional adjudication of eight East-Central European countries (in ...
Tóth Zoltán J.
doaj   +1 more source

Deliberative Democracy, Social Rights and the Modulation of Judicial Review

Revista Derecho del Estado, 2021
Roberto Gargarella has infused into constitutional theory a deliberative approach to constitutional review and rights adjudication. By this, he has enriched our understanding of deliberative democracy as a political system in which the judiciary can play
Chiara Valentini
doaj   +1 more source

Constitutional Adjudication

, 2021
Title: Constitutional AdjudicationEditor: Anna PhirtskhalashviliAuthors: Anna Phirtskhalashvili, Besik Loladze, Zurab Macharadze Abstract:This textbook provides a comprehensive and systematic introduction to constitutional adjudication, a mandatory component of all undergraduate law programs in Georgia since 2020.
Phirtskhalashvili, Anna, Loladze, Besik
openaire   +3 more sources

The Basis of Constitutional Adjudication in Germany

Fiat Justisia, 2022
The Federal Constitutional Court of Germany plays a pivotal role in upholding judicial independence by safeguarding human rights within the framework of the Basic Law. A comprehensive analysis of the Court's jurisdiction reveals that its primary function
Nge Nge Aung
doaj   +1 more source

Extended statute of limitations: Divergent jurisprudence of the Supreme Court (of Cassation) and the opinion of the Constitutional Court [PDF]

Anali Pravnog Fakulteta u Beogradu, 2020
Although the difference in the competences of the Constitutional Court's and courts' of general jurisdiction can be observed and explained on the normative and even on the practical level, a heated debate took place in Serbia on whether the ...
Draškić Marija
doaj   +1 more source

Prediktabilitas Ajudikasi Konstitusional: Mahkamah Konstitusi dan Pengujian Undang-Undang

Jurnal Konstitusi, 2016
There is a strong commitment that constitutional adjudication should be more predictable. As a principle, what has been rightly decided in the past should be the law for the future cases or controvercies. This article makes a substantial critics directed
Titon Slamet Kurnia
doaj   +1 more source

Constitutional Courts Dealing with Electoral Systems: a Comparative Look at Constitutional Adjudication on Electoral Equality

Revista de Investigações Constitucionais, 2023
The article employs comparative analysis to investigate the nexus between constitutional adjudication and electoral systems through the perspective of the principle of equality in elections.
Andrea Romano
doaj   +1 more source

Book Review: Against the New Constitutionalism

Potchefstroom Electronic Law Journal, 2017
This contribution reviews the book entitled Against the New Constitutionalism authored by Tamas Gyorfi. He challenges the pivotal role given to judges in constitutional adjudication.
Francois Venter
doaj   +1 more source