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A Kelsenian Model of Constitutional Adjudication - The Austrian Constitutional Court
SSRN Electronic Journal, 2011For more than 100 years the “American system” of adjudication mastered by one Supreme Court vested also and in particular with the power to review administrative as well as legislative acts enjoyed the virtual monopoly to serve as the role-model of Constitutional review.
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Constitutional Adjudication in Africa
2017Since the wave of constitutional reforms in Africa during the 1990s, the role of courts in interpreting and applying constitutions has become critical to the on-going process of constitutional construction, reconstruction, and maintenance. These developments have resulted in fundamental changes in the nature and role of courts exercising jurisdiction ...
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Constitutional Adjudication: Law and Politics
1994Abstract I left a question hanging at the end of chapter 6: With respect to which indeterminate constitutional directives regarding rights or liberties, if any, does the minimalist approach to the specification of constitutional indeterminacy make sense?
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Severability, Remedies, and Constitutional Adjudication
SSRN Electronic Journal, 2014In several recent cases, the Supreme Court has described the issue of severability as one of remedy. The Court’s reasoning seems to be that once a court has found that one provision or application of a statute is unconstitutional and invalid, it then must decide how much of the statute should be made inoperative through the application of the remedy of
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Constitutional Adjudication in the Netherlands
2020Abstract This chapter studies constitutional review in the Netherlands. It argues that constitutional adjudication in the Netherlands does indeed exist, though not according to European norms. Furthermore, the chapter contends that the study of constitutional review in the Netherlands, viewed in the perspective of the European legal ...
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Constitutional Adjudication and Parliamentary Democracy
2000AbstractFocuses on how and why parliamentary systems of governance have accommodated constitutional review. The American and European models of constitutional review are contrasted, and the history, structure, and function of European constitutional courts are surveyed.
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Constitutional Adjudication: Law or Politics?
1994Abstract In the title of this book, “the Constitution” is the Constitution of the United States, and “the courts” are both the federal courts and the courts of the states. The court with which I am principally concerned in this book, however, is the Supreme Court of the United States: Among the federal courts and the courts of the states,
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