Results 51 to 60 of about 447,638 (192)
Does the Rule of Law Require the Separation of Powers?
The Modern Law Review, EarlyView.The separation of powers is an enigmatic political ideal, particularly in the context of the modern administrative state, in which administrative officials routinely perform a combination of legislative, judicial, and executive functions. In this article we reexamine this ideal by interrogating Adrian Vermeule's provocative claim that the separation of
Dimitrios Kyritsis, Matthew Lewans
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The Dynamics of Constitutional Adjudication [PDF]
, 1996 Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter ...
Schlink, Bernhard
core
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
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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
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Ultra Petita dalam Pengujian Undang-Undang oleh Mahkamah Konstitusi
Jurnal Konstitusi, 2016 Ultra petita decision practiced under the MK’s jurisdiction to review the constitutionality of legislation needs to be assessed carefully. This practice should not be condemned as illegitimate because there is no explicit constitutional rule that ...
Suwarno Abadi
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Asia‐Pacific Economic History Review, EarlyView.Abstract How did a British colony, not supplied with coin and with no tax base, establish itself a world away from London? Drawing on the Historical Records of Australia and British parliamentary Appropriation Acts from 1787 to 1832, this paper shows that Phillip, the first Governor of New South Wales, spent by issuing promises to pay against the ...
Matthew Crocker
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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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What is (de)politicization and what is wrong with it?
American Journal of Political Science, EarlyView.Abstract This article attempts to clarify the meaning of (de)politicization. Politicization sometimes refers to the inappropriate intrusion of partisan loyalties in nonpolitical social domains (affective politicization). Politicization can also constitute an ideal of civic agency and energy (contestatory politicization).
Dimitrios Halikias
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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
doaj
Supervisory Control and Court Management
International Journal for Court Administration, 2009 Court management is an essential precondition for guaranteeing the adjudication of cases. At the same time, court administration is the key focus of supervisory control.
Andreas Lienhard
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