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ECHR and national constitutional courts [PDF]

Zbornik Radova Pravnog Fakulteta u Nišu, 2015
Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR) encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved
Nastić Maja
doaj   +2 more sources

National constitutional courts in the European constitutional democracy [PDF]

, 2014
This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its Member States. This process, which has its origins in the foundational constitutional doctrines of EU law, has recently
J. Komárek
semanticscholar   +2 more sources

The Proliferation of Constitutional Law and Constitutional Adjudication, or How American Judicial Review Came to Europe After All [PDF]

Utrecht Law Review, 2013
This article submits that the continental European (Kelsenian) model of constitutional adjudication is affected, if not undermined, by the proliferation of constitutional adjudication outside centralized constitutional courts, due to 'globalization' in ...
Leonard F.M. Besselink
doaj   +4 more sources

Courting constitutional crises: crisis mitigation by constitutional courts as democratic institutions

European Journal of Futures Research
Constitutional crises are typically considered as among the most profound crisis type, shaking political regime foundations and posing a challenge for democratic futures.
Max Steuer, Sascha Kneip, Cornell W. Clayton   +2 more
doaj   +2 more sources

CONSTITUTIONAL IDENTITY IN THE ARGUMENTATION OF DECISIONS OF CONSTITUTIONAL COURTS

Конституційно-правові академічні студії, 2021
The latest trend in modern European constitutionalism is the issue of constitutional identity. Constitutional courts, which are the embodiment not only of the protection of the Constitution, but also of the limitation of power, are influential subjects ...
Оксана Щербанюк
doaj   +1 more source

Constitutional Court Decisions on the Judicial Independence of Other Indonesian Courts

Constitutional Review, 2023
Judicial independence is a foundational principle of the Indonesian Constitution. It guarantees the independence of all Indonesian courts. However, most of the cases the Constitutional Court has handled relating to judicial independence have concerned ...
Simon Butt
semanticscholar   +1 more source

Citation of Constitutional Principles of the Judgments of the Courts [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2022
The citation of constitutional principles in judgments of the courts is one of the issues related to the evidence of the verdict. It is obvious to cite the principles of the constitution in the constitutional courts, but in ordinary courts, i.e. criminal,
Dariyoush Zarouni, Ali AKbar Gorji, Behroz Behbodian   +2 more
doaj   +1 more source

Using constitutional courts to advance abortion rights in Latin America

International Feminist Journal of Politics, 2021
Over the past two decades, the abortion rights controversy has become the most prominent field of dispute between feminists and religious conservatives across Latin America.
A. Ruibal
semanticscholar   +1 more source

“Two Courts” for One Constitution: Fragmentation of Constitutional Review in the Law of the Kosovo Specialist Chambers in The Hague

German Law Journal, 2023
The Kosovo Specialist Chambers embody a remarkable project involving elements of the domestic law of the Republic of Kosovo, the EU’s external relations law, and international criminal law.
Enver Hasani, Fisnik Korenica
doaj   +1 more source

The Appeal in the Procedure of Notifying the Constitutional Court

Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2021
The Constitutional Court may be notified by the judiciary courts for the settlement of exceptions of unconstitutionality of a law or ordinance or of a provision of a law or ordinance in force, which is related to the settlement ...
S.G. Barbu, C.M. Florescu
doaj   +1 more source