Results 21 to 30 of about 704,834 (360)

New Majoritarian Constitutionalism [PDF]

open access: yes, 2018
Ever since Alexander Bickel coined the phrase “countermajoritarian difficulty,” commentators have frequently described the Supreme Court as either a “majoritarian” or “counter-majoritarian” institution.
Landau, Joseph
core   +3 more sources

The independence of justice as proxy for the rule of law in the EU Case study – Romania

open access: yesNuovi autoritarismi e democrazie: diritto, istituzioni, società, 2021
The concept of rule of law has been addressed as a formal or as a substantive notion. Although it does not enjoy a generally accepted academic definition and its practical transposition varies according to the implementing State, it is a founding value ...
Simina Elena Tananescu
doaj   +1 more source

Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation

open access: yesBrawijaya Law Journal, 2019
Hyper-regulation and disharmonization of regulations is a serious challenge in Indonesia. Ministry of Law and Human Right make a breakthrough stipulates regulation on Regulatory Dispute Resolution through Non-litigation.
Muhammad Reza Winata, Zaka Firma Aditya
doaj   +1 more source

How a Court Becomes Supreme: Defending the Constitution from Unconstitutional Amendments [PDF]

open access: yes, 2017
High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be ...
Albert, Richard
core   +1 more source

Synthesizing Archetypes of Social‐Ecological Systems: Identifying Common Building Blocks

open access: yesEnvironmental Policy and Governance, EarlyView.
ABSTRACT A growing number of studies apply the social‐ecological systems (SES) framework with its standardized set of variables to examine place‐based environmental governance. Yet, due to the wide diversity of social‐ecological systems, a general theory about how variables interact—and systems can be governed—lacks empirical support. Despite many case
Klaus Eisenack   +7 more
wiley   +1 more source

Local Evidence in Constitutional Interpretation [PDF]

open access: yes, 2018
The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look not to state law, but to local law.
Garrett, Brandon L.
core   +4 more sources

PRAVO NA PRISTUP INFORMACIJAMA KOJE POSJEDUJU TIJELA JAVNE VLASTI - KROZ USTAVNOSUDSKI ASPEKT I STAJALIŠTA EUROPSKOG SUDA ZA LJUDSKA PRAVA

open access: yesZbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2017
Pravo na pristup informacijama koje posjeduju tijela javne vlasti uvedeno je u Ustav Republike Hrvatske, kao ustavno jamstvo, promjenama Ustava iz 2010. godine.
Dragan Elijaš   +2 more
doaj   +1 more source

How \u3ci\u3eNFIB v. Sebelius\u3c/i\u3e Affects the Constitutional Gestalt [PDF]

open access: yes, 2013
The thesis of this essay is that the most important legal effects of the Supreme Court\u27s decision in NFIB v. Sebelius are likely to be indirect. Sebelius marks a possible shift in what we can call the “constitutional gestalt” regarding the meaning and
Solum, Lawrence B.
core   +1 more source

The Impact of Holistic Justice on the Long‐Term Experiences and Wellbeing of Mass Human Rights Violation Survivors: Ethnographic and Interview Evidence From Kosova, Northern Ireland and Albania

open access: yesEuropean Journal of Social Psychology, EarlyView.
ABSTRACT Research highlights the long‐term collective effects of mass human rights violations (MHRVs) on survivors’ wellbeing. This multi‐method, multi‐context paper combines the social identity approach (SIA), transitional and social justice theories and human rights‐conceptualised wellbeing to propose a human rights understanding of trauma responses ...
Blerina Kёllezi   +6 more
wiley   +1 more source

Cumulative Constitutional Rights [PDF]

open access: yes, 2017
Cumulative constitutional rights are ubiquitous. Plaintiffs litigate multiple constitutional violations, or multiple harms, and judges use multiple constitutional provisions to inform interpretation.
Abrams, Kerry, Garrett, Brandon L.
core   +1 more source

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