Results 21 to 30 of about 109,733 (244)

Adjudicative subsidiarity, the “horizontality simpliciter” approach and personality rights: Outlining an integrated and constitutional reading strategy to the law of personality

open access: yesDe Jure, 2022
This article argues that an integrated and constitutional approach to the law of personality is required, as multiple sources of law are applicable to the conception and adjudication of personality rights and these sources must give effect to ...
CJ Visser
doaj  

The American Bar Association and Federal Habeas Corpus [PDF]

open access: yes, 1998
Yackle evaluates the ABA\u27s claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA\u27s policy for habeas ...
Yackle, Larry W.
core   +2 more sources

Human Rights under the Ethiopian Constitution: A Descriptive Overview

open access: yesMizan Law Review, 2011
This article summarizes human rights under the Ethiopian Constitution (mainly surrounding Chapter 3 of Constitution and related constitutional provisions on human and democratic rights), and forwards some insights.
AK Abebe
doaj   +1 more source

Interpreting International Trade Statutes: Is the Charming Betsy Sinking? [PDF]

open access: yes, 2000
This essay is about the North American Free Trade Agreement (“NAFTA”), the General Agreement on Tariffs and Trade (“GATT”), and the World Trade Organization (“WTO”).
Restani, Jane A., Bloom, Ira
core   +2 more sources

Menguji Ketangguhan Realisme: Kritik terhadap Putusan Mahkamah Konstitusi Nomor 14/PUU-XI/2013 Pasca Pemilu Serentak 2019

open access: yesJurnal Konstitusi, 2022
This article examines Constitutional Court Decision Number 14/PUU-XI/2013 following the simultaneous elections of 2019. The object is the correctness of the utilisation of realism as a theory of adjudication by the Court in deciding the ...
Titon Slamet Kurnia
doaj   +1 more source

Constitutional Adjudication in Japan

open access: yesThe American Journal of Comparative Law, 1958
The Constitution of Japan as adopted November 3, 1946, and effective May 3, 1947, did not leave to implication or debate, the question whether the judicial power would include the authority to adjudicate the constitutional validity of legislation enacted either by the Diet or by any of the subordinate legislative organs of the state.
openaire   +3 more sources

The Intersection of Natural Rights and Positive Constitutional Law [PDF]

open access: yes, 1993
In this brief essay, the author describes what he sees to be the unavoidable connection between natural law--or, more accurately, natural rights--and the positive law that is the subject of constitutional adjudication. This connection would exist whether
Barnett, Randy E
core   +1 more source

Insolvency‐related foreign judgements in Nigeria: Contextualising English legal influence and comparative analysis of the UNCITRAL regime

open access: yesInternational Insolvency Review, EarlyView.
Abstract The United Nations Commission on International Trade Law (UNCITRAL) has produced the most robust international insolvency regime applicable to countries around the world. The Model Law on Cross‐Border Insolvency (1997) is widely accepted and already very popular among African countries.
Pontian N. Okoli
wiley   +1 more source

The Most Disproportionate UK Election: How the Labour Party Doubled its Seat Share with a 1.6‐Point Increase in Vote Share in 2024

open access: yesThe Political Quarterly, Volume 96, Issue 1, Page 37-64, January/March 2025.
Abstract The Labour Party doubled its seats in the 2024 UK general election, winning a landslide majority with only a 1.6 point increase in its UK vote share and an historically low vote share for a winning party at just under 34 per cent. This article provides new evidence for three constituency‐level explanations for this outcome in the context of ...
Marta Miori, Jane Green
wiley   +1 more source

The constitutional test of necessity: problem statement

open access: yesПравоприменение, 2022
The subject-matter of the research is the constitutional test of necessity. This element of proportionality could be found in doctrine and case-law in the form of metaphors.
A. V. Dolzhikov
doaj   +1 more source

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