Results 71 to 80 of about 4,094 (242)

Development and Current Situation of the Constitutional Adjudication in Korea [PDF]

open access: yes, 2012
After having gone through the inactive and sometimes merely ornamental forms of constitutional adjudication systems such as the Constitutional Committee or the American type judicial review system in the past, the Republic of Korea finally ...
Lee, Dong-Heub
core  

The El Salvador Exception in a Pacific Rim Context: Outsourced Security Governance Across the Americas and the Asia‐Pacific

open access: yesPacific Focus, EarlyView.
ABSTRACT This paper examines the 2025 US decision to deport members of the Venezuelan‐origin gang Tren de Aragua to El Salvador under a $6 million incarceration agreement, arguing that the episode represents a critical evolution in outsourced security governance. By comparing this case with the 1980s deportation of Salvadoran gang affiliates, the paper
Taeheok Lee
wiley   +1 more source

Referencing International Human Rights Law In Indonesian Constitutional Adjudication

open access: yes, 2018
The power of the Indonesian Constitutional Court to review laws is a constitutional adjudication process. It is a forum to resolve constitutional issues where a citizen can challenge Law that has injured his rights.
Bisariyadi, Bisariyadi
core   +1 more source

Constitutional Principles in Bosnia and Herzegovina: Legal Theory and Judicial Deciding

open access: yesLaw: Journal of the University of Latvia, 2018
The basic thesis of this essay is that constitutional principles and legal rules can have a meaning in judicial decision, when legal order imparts significance to judicial practice. Research and analysis of implementation of constitutional principles in
Davor Trlin
doaj   +1 more source

Contextualising Hohfeld's Analysis of Rights: Legal Relations and the Rule of Law

open access: yesRatio Juris, EarlyView.
Abstract More than a century ago, W. N. Hohfeld offered the most influential analysis of rights to date. However, his classification has rarely been received without criticism. Many of the objections to his framework stem from the longstanding debate between interest and will theories of rights.
Paulo Baptista Caruso MacDonald
wiley   +1 more source

Uncertainty and Tension in Constitutional Adjudication of Climate Mitigation

open access: yesGerman Law Journal
In recent years, courts across the world have increasingly held governments accountable for addressing climate change. While such rulings have fueled optimism about constitutional law as a vehicle for climate ambition, this Article argues that the role ...
Sam Bookman
doaj   +1 more source

The international climate change regime and general principles of law

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract The Climate Change Advisory Opinion (AO) by the International Court of Justice (ICJ) demonstrates the growing prominence of general principles of law in international law. The Climate Change AO was handed down at the end of the International Law Commission's project on general principles of law with the adoption of its Draft Conclusions.
Renatus Otto Franz Derler, Mads Andenas
wiley   +1 more source

PROTECTION OF THE RULE OF LAW AS A CONSTITUTIONAL PRINCIPLE AND INDIVIDUAL RIGHT BY THE CONSTITUTIONAL COURT OF KOSOVO

open access: yesPravni Vjesnik
This article examines the case law of the Constitutional Court of Kosovo and explains how this court protects the rule of law, as a fundamental constitutional principle and as a human right.
Remzije Istrefi, Bekim Sejdiu
doaj   +1 more source

MAHKAMAH KONSTITUSI DAN KONTRAK OUTSOURCING

open access: yesJurnal Konstitusi, 2016
The Amendment of the 1945 Constitution of the Republic of Indonesia has made the sovereignty still retained by the people, no more represented and fully held by the People’s Consultative Assembly like when the constitutional system of Indonesia was ...
Ahmad Fadlil Sumadi
doaj   +1 more source

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