Results 21 to 30 of about 447,638 (192)

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

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

God's Kingdom in The Law's Republic: religious freedom in South African constitutional jurisprudence [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2003
Colloquium presentation - no abstract ...
IJ Kroeze
doaj  

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

Conditional Finality and Constitutional Rehearing: Recalibrating Judicial Integrity in Indonesia’s Constitutional Court

open access: yesJurnal Konstitusi
Constitutional Court Decision Number 90/PUU-XXI/2023 exposed a legitimacy crisis in Indonesia’s judicial power, as serious ethics violations did not affect the enforceability of a final and binding decision.
Siti Nurhayati, Fenolia Intan Saputri
doaj   +1 more source

Constitutional Arguments: Interpretation and Legitimacy in Canadian Constitutional Thought

open access: yesOsgoode Hall Law Journal, 1989
The author provides an analysis and critique of the various types of arguments advanced by Canadian constitutional jurists to establish formal grounds for the legitimacy of judicial review under the Canadian constitution.
Joel C. Bakan
doaj   +1 more source

Beyond the Adversarial Rivalry: A Developmental Rights‐Based Model for Minor‐on‐Minor Crime, Part 2

open access: yesBehavioral Sciences &the Law, EarlyView.
ABSTRACT When children harm children, the conventional victim–perpetrator framework is ill‐equipped to address the developmental, relational, and institutional complexities involved. While juvenile justice scholarship increasingly emphasizes rehabilitation, and victims' rights literature has advanced child‐sensitive protections, minor‐on‐minor ...
Tali Gal, Ruthy Lowenstein Lazar
wiley   +1 more source

Judicial Adjudication of Language Rights in Central, Eastern, and South-Eastern Europe. Principles and Criteria. EDAP 2/2011 [PDF]

open access: yes, 2011
Central, Eastern, and South-Eastern Europe are among the regions where minority, including linguistic rights, are more developed, at least on paper. Not always, however, have these rights been fully and effectively implemented so far.
Palermo, Francesco., PALERMO, Francesco
core   +1 more source

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  

Constitutional Adjudication by Parliaments: Lessons from Comparative Experience

open access: yesMizan 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
doaj   +1 more source

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