Results 31 to 40 of about 109,733 (244)
Migratory Alimony: A Constitutional Dilemma in the Exercise of In Personam Jurisdiction [PDF]
, 1960 Obstacles to obtaining binding determinations of domicile often block the personal jurisdiction required for alimony adjudication. A way out of the impasse, Professor Ritz argues, is offered by the mechanism of removing cases to federal courts under the
Ritz, Wilfred J.
core +1 more source
Judicial Review: Substance and Procedure
The Modern Law Review, EarlyView.In this article we distinguish two questions about judicial review. First, substance: what acts or decisions are properly subject to the grounds of review? Second, procedure: what acts or decisions are properly reviewable through the judicial review procedure? Then we settle both.
Adam Perry, Angelo Ryu
wiley +1 more source
Culture (and religion) in constitutional adjudication
Potchefstroom 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
Sanctions, National Security, and Free Speech
Global Policy, EarlyView.ABSTRACT A fundamental, but largely overlooked, aspect of the New Washington Consensus is the use of national security arguments to restrict speech and punish disfavored speakers. Although the United States has a longer history of using sanctions to restrict speech in the terrorism context, it has recently applied sanctions to restrict political speech,
Joshua Andresen
wiley +1 more source
Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law [PDF]
Potchefstroom Electronic Law Journal, 2009 This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly) eccentric claims of (assumedly) idiosyncratic 'religious Others'. Developments in this regard have, for the time being
L du Plessis
doaj
SASI, 2020 The re-enters of People’s Consultative Assembly’s Provision (MPR’S Provision) in the regulations of law hierarchy in Indonesia legal system, certainly has its own impact.
Lintang Galih Pratiwi
doaj +1 more source
Potchefstroom Electronic Law Journal, 2021 This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 of 1993 and unlawful competition ...
Richard Shay, Ndivhuwo Ishmel Moleya
doaj +1 more source
The Metaethics of Constitutional Adjudication [PDF]
, 2018 The book explores the metaethical foundations of value-based arguments in constitutional adjudication. The argument develops in four steps. First, the book identifies three dominant types of value-based arguments in comparative constitutional practice: the arguments from constitutional identity, common sentiment, and universal reason.
openaire +2 more sources
Remedies Symposium, Remedial Discretion in Constitutional Adjudication: A Codicil [PDF]
, 2018 This symposium paper elaborates on two questions raised by the author’s prior work, Remedial Discretion in Constitutional Adjudication. That paper disagreed with calls for a revival of non-retroactive judicial rulings to facilitate more constitutional ...
Greabe, John M
core +3 more sources
Revisiting Ontology to Reshape Transgenerational Justice
Global Policy, EarlyView.ABSTRACT This article develops a philosophical framework for understanding transgenerationality as a foundational concept for intergenerational justice. Drawing on social ontology and the philosophy of action, it introduces the notion of transgenerational civitas—a temporally extended community composed of past, present and future generations.
Tiziana Andina
wiley +1 more source