Results 11 to 20 of about 4,094 (242)

Reflections on Constitutional Adjudication in a Democracy

open access: yesIsrael Law Review, 2023
AbstractThis article examines the necessity for constitutional adjudication in a democracy. Democracy is not the government of the minority by the majority, but self-government of the people in a pluralist society. The article regards constitutional adjudication as a necessary component of a constitutional democracy to preserve self-government and ...
Paulus, Andreas
openaire   +3 more sources

Populist Challenges to Constitutional Interpretation in Europe and Beyond

open access: yes, 2021
"This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or ...

core   +1 more source

The impact of EU law and the ECHR on national constitutional adjudication in the European legal space

open access: yes, 2023
This chapter describes the influence of European Union Law and the European Convention on Human Rights on the structure of constitutional adjudication, in particular in states with specialized constitutional courts.
Paris, Davide
core   +1 more source

Constitutional Adjudication: Institutions

open access: yes, 2020
This book continues the thick comparative approach that lies at the heart of the Max Planck Handbook series. It addresses one of the most significant phenomena of modern-day public law: constitutional adjudication.

core   +1 more source

Culture (and religion) in constitutional adjudication

open access: yesPotchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 2009
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. The aim of the project is twofold.
Rautenbach, Christa   +2 more
openaire   +6 more sources

Court-packing accomplished : the changing jurisprudence of a subordinate constitutional court [PDF]

open access: yes, 2023
Published: December 2023The worldwide decline in democracy poses a major challenge to the independence of constitutional courts, which are the guardians of constitutionalism and the rule of law. The international literature on constitutional adjudication
SZENTE, Zoltán
core   +1 more source

Culture (and religion) in constitutional adjudication [PDF]

open access: yesPotchefstroom 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  

Miller and the Future of Constitutional Adjudication

open access: yes, 2023
The Chapter analyses the extent to which Miller heralds a move towards constitutional adjudication in the UK and evaluates whether this is a move in the right ...

core   +1 more source

The Italian Constitutional Court, the plurality of legal orders and supranational fundamental rights: a discussion in terms of interlegality

open access: yesEuropean 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
doaj   +1 more source

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