JCMS: Journal of Common Market Studies, EarlyView.Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
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LEGAL REASONABLENESS AND THE NEED FOR A LINGUISTIC APPROACH IN COMPARATIVE CONSTITUTIONAL LAW
Comparative Legilinguistics, 2017 The paper focuses on the concept of reasonableness in several countries, in particular, comparing common and civil law systems. More specifically, it refers to the use of this word in the discourse of the judiciary and especially in the context of ...
Sara PENNICINO
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Res Judicata: Prior Adjudication of Negligence Bars Relitigation of That Issue by Defendant to Former Action [PDF]
, 1966 Applying state substantive law, the Fourth Circuit held that a prior adjudication of negligence in an action brought against the present plaintiff was res judicata, even though defendant was not a party to the former action.
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An Argument from Comparative Law in the Jurisprudence of the Polish Constitutional Tribunal1
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, 2018 The use of references to foreign law and jurisprudence by the constitutional courts around the world currently gains more and more attention from scholars.
Ada Paprocka
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Dispute over the Guardian of the Constitution. Hans Kelsen, Carl Schmitt and the Weimar Case
Politeja, 2021 The paper discusses one of the most important debates on the meaning of constitutional adjudication in the 20th century that engaged two eminent legal and political thinkers Hans Kelsen and Carl Schmitt.
Arkadiusz Górnisiewicz
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Custody: Kids, Counsel and the Constitution [PDF]
, 2017 Fifty years ago, the United States Supreme Court in In re Gault held that children have the constitutional right to traditional counsel in cases where their physical liberty interests are at stake.
Amy E. Halbrook
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The Austrian Constitutional Court: Kelsen’s Creation and Federalism’s Contribution?
Fédéralisme-Régionalisme, 2017 In line with a standardized question sheet for this special issue, this article discusses the relationship between the Constitutional Court and federalism in Austria.
Stephan G. Hinghofer-Szalkay
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Politics, socio-economic issues and culture in constitutional adjudication [PDF]
Potchefstroom Electronic Law Journal, 2003 Colloquium presentation - no abstract ...
F Venter
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Multiculturalism, Majority Rights and the Established Culture
Nations and Nationalism, EarlyView.ABSTRACT Recent critiques of multiculturalism contend that it is the ethnic or cultural majority in Western democracies that is now most vulnerable to cultural and identity dissolution, thus entitling it to majority rights on much the same grounds that multiculturalists defend minority rights. These critiques follow and perpetuate the binary opposition
Geoffrey Brahm Levey
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Radoslav Procházka: Mission Accomplished. On Founding Constitutional Adjudication in Central Europe
Časopis pro Právní Vědu a Praxi, 2005 Recenze publikace - Radoslav Procházka: Mission Accomplished. On Founding Constitutional Adjudication in Central Europe CEU Press, Budapest - New York, 2002, 358 str.
Jan Kysela
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