Results 111 to 120 of about 447,638 (192)

Stare Decisis and Constitutional Adjudication [PDF]

open access: yes, 1988
Despite endless literature urging that constitutional adjudication be severed from explorations into the understandings at the creation of the Constitution, original understanding continues to play a prominent role in the Supreme Court\u27s jurisprudence.
Monaghan, Henry Paul
core   +1 more source

Ideology and Agenda Setting in the High Court of Australia

open access: yesJournal of Empirical Legal Studies, Volume 23, Issue 3, Page 408-425, September 2026.
ABSTRACT Does judicial ideology affect the process of agenda‐setting in the High Court of Australia? Applications for “special leave” to appeal are the primary method through which the High Court manages its caseload, analogous to certiorari at the U.S. Supreme Court.
Pat Leslie   +3 more
wiley   +1 more source

Balancing as a Means of Judicial Activism? Analysis of the German Federal Constitutional Court’s Use of Balancing Language

open access: yesGerman Law Journal
Many constitutional courts use balancing in constitutional right adjudication. However, critics argue that balancing is an (self-)empowerment of the courts and a tool of judicial activism.
Kilian Lüders
doaj   +1 more source

Does context matter in juvenile court intake? Findings from a rural state

open access: yesJuvenile &Family Court Journal, Volume 77, Issue 3, Page 4-23, September 2026.
Abstract Drawing on Sampson and colleagues' racial inequality theories, we examine how referral and county characteristics affect the handling of juvenile court caseloads. Specifically, we use data from Mississippi Youth Courts for the years 2016 through 2021 to conduct two‐level multinomial regression analyses examining the role of referral‐level ...
Angela A. Robertson   +3 more
wiley   +1 more source

CONSTITUTIONAL THEORY AND THE DUTIES OF THE CONSTITUTIONAL COURT IN SAFEGUARDING CONSTITUTIONAL RIGHTS

open access: yesJustitia Et Pax
The constitution serves as the highest legal norm and foundational framework for the governance of a sovereign state. Within the framework of constitutionalism, the constitution is understood not merely as a collection of written or unwritten rules, but ...
Srikandi, Slamet Riyanto
doaj   +1 more source

Is there a ‘right’ to use Welsh in prison?

open access: yesJournal of Law and Society, Volume 53, Issue 3, Page 568-590, September 2026.
Abstract The use of the Welsh language is generally understood as a ‘right’ in contemporary Wales. While this right is often lauded as one of Welsh devolution's defining achievements, the efficacy of current protections is contested. This article contributes to the debate by focusing on the prison context, where the question of Welsh language rights is
GREGORY DAVIES, ROBERT JONES
wiley   +1 more source

Tradition in Constitutional Adjudication

open access: yes
Vol. 36:1The Supreme Court has increasingly relied on the notion of tradition to decide questions about constitutional rights. This approach is not implausible. Constitutional adjudication should be attentive to the history of social practices.
Jiménez, Felipe
core   +1 more source

Russian Public Assembly Law: Constitutional Evolution 1993–2023

open access: yesBRICS Law Journal
The current Public Assembly Law in the Russian Federation, which regulates the implementation of the constitutional right to freedom of peaceful assembly in Russia, has been developed and formed over the course of the past three decades, following the ...
A. Salenko
doaj   +1 more source

Forging legal communitas: physicians’ resistance in media discourses in Sweden's ‘Snitch Law’ debate

open access: yesJournal of Law and Society, Volume 53, Issue 3, Page 496-520, September 2026.
Abstract In October 2022, the Swedish government announced a series of reforms in the field of migration policy, including a proposed legal obligation requiring all employees in public institutions, including healthcare professionals, to report people living as undocumented migrants in the country to the authorities.
JOSEPHINE T. V. GREENBROOK   +6 more
wiley   +1 more source

Constitutional democracy and constitutional adjudication: a comparison of constitutional adjudication institutions in Malaysia and Indonesia

open access: yes, 2016
The experience of some countries show that parliamentary sovereignty creates problems of hegemony of majority which has the potential to ignore minority.
Islami, Muhammad Nur   +2 more
core  

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