Results 121 to 130 of about 4,094 (242)

Power, politics and constitutional adjudication

open access: yes
The Supreme Court of India is often described as the most powerful court in the world. This power, in part, can be sourced from Article 145(3) of the Constitution, which prescribes that a bench of five or more judges decide matters that involve a ...
Sharma, Ritwika
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The metaethics of constitutional adjudication

open access: yes, 2015
The thesis explores the metaethical foundations of value-based arguments in constitutional adjudication. The main argument develops in four steps. First, the thesis identifies three dominant types of value-based arguments in comparative constitutional practice: the argument from constitutional identity, the argument from common sentiments, and the ...
openaire   +1 more source

Constitutional Courts in Asia: A Comparative Perspective

open access: yes, 2018
The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition ...

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Enforcement of “difficult” judicial decisions in the process of governance or judicial production and reproduction of political conflicts

open access: yesZbornik Radova Pravnog Fakulteta u Splitu, 2015
The authors’ intention is to link the general problem of enforcement, or creating legal regulations with the issue of good governance, and, in particular, with relation to the question of enforcement of judicial decisions.
Arsen Bačić, Petar Bačić
doaj  

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

open access: yes, 2009
The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be ...
Sutiyoso, Bambang
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Constitutional Narratives: Constitutional Adjudication on the Religion Clauses in Australia and Malaysia

open access: yes, 2009
Constitutions are, in part, a story that a country tells about itself.1 It tells the world that a country is: democratic and rights respecting;2 revolutionary and radical;3 religious and righteous;4 traditionalist and lawyerly.
Evans, Carolyn M
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Getting Normative: The Role of Natural Rights in Constitutional Adjudication

open access: yes, 1995
Barnett, Randy E.. (1995). Getting Normative: The Role of Natural Rights in Constitutional Adjudication..
Barnett, Randy E, Barnett, Randy E.
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Measuring judicial deference in Constitutional Rights adjudication

open access: yes, 2014
This paper proposes a quantitative model for measuring the degree of judicial deference in constitutional rights adjudication in Hong Kong. The model is likely to be transferable (at least partially) to jurisdictions which, like Hong Kong, embrace ...
Chan, CSW
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Interpretation, Critique, and Adjudication: The Search for Constitutional Hermeneutics

open access: yes, 2000
This Article seeks a model for a constitutional hermeneutics in an examination of two key debates in philosophical hermeneutics—the Gadamer-Betti debate over the role of author\u27s meaning in interpretation and the Gadamer-Habermas debate over ...
Valauri, John T.
core  

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