Results 11 to 20 of about 109,733 (244)
Democratic theory and constitutional adjudication [PDF]
Acta Juridica Hungarica, 2015 By focusing on the practice of constitutional courts this paper aims to present a qualitative-analytical tool which could contribute to a better (self-)understanding and evaluation of constitutional adjudication. Since the specific nature and the very existence of constitutional review necessitates an a priori reflection on the legitimacy, exact ...
Pócza, Kálmán
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Our Prescriptive Judicial Power: Constitutive and Entrenchment Effects of Historical Practice in Federal Courts Law [PDF]
, 2016 Scholars examining the use of historical practice in constitutional adjudication have focused on a few high-profile separation-of-powers disputes, such as the recent decisions in NLRB v. Noel Canning and Zivotofsky v. Kerry.
Young, Ernest A.
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A Theory of Judicial Constitutional Design [PDF]
, 2017 The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system ...
Mancilla, Roberto
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AGORA: Reflections on Zivotofsky v. Kerry : Historical Gloss, the Recognition Power, and Judicial Review [PDF]
, 2015 The U.S. executive branch has long declined to recognize any country’s sovereignty over Jerusalem, insisting that the matter be worked out through negotiations between Israel and the Palestinians. The U.S.
Bradley, Curtis A.
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Culture (and religion) in constitutional adjudication [PDF]
Potchefstroom Electronic Law Journal, 2003 The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication.
C Rautenbach +2 more
doaj
Politics and Constitutional Adjudication: A response to Prof F Venter [PDF]
Potchefstroom Electronic Law Journal, 2003 Colloquium presentation - no abstract ...
KD Chetty
doaj
European Law Open, 2022 This work aims to investigate the stance of the Italian Constitutional Court (ItCC) on ECHR and CFREU and their respective Courts, ECtHR and CJEU. The aim is to verify if the attitude of the ItCC could be described in terms of openness or closedness ...
Alessia-Ottavia Cozzi
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God's Kingdom in The Law's Republic: religious freedom in South African constitutional jurisprudence [PDF]
Potchefstroom Electronic Law Journal, 2003 Colloquium presentation - no abstract ...
IJ Kroeze
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Constitutional Adjudication by Parliaments: Lessons from Comparative Experience
Mizan Law Review, 2018 This article explores historical experiences in France and Brazil and the contemporary constitutional set-up in China where parliaments are empowered to adjudicate constitutional issues.
Belachew Girma
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Historiography and Constitutional Adjudication
The Modern Law Review, 2022 Lawyers and judges often use history in constitutional adjudication to provide context for constitutional interpretation. But there is debate about the extent to which historiography – the critical study of how history is written, developed by professional historians – is relevant to constitutional adjudication.
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