Results 111 to 120 of about 803,429 (296)

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
wiley   +1 more source

Protection of fundamental and human rights before courts: constitutional courts in germany and croatia, european court of justice and european court of human rights

Zbornik Radova Pravnog Fakulteta u Splitu, 2009
The article analyses the signification of multiple human rights protection by the German and the Croatian Constitutional Courts, the European Court of Justice and the European Court of Human Rights.
Marcus Heintzen
doaj  

The Doctrine of State Necessity

The Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Limiting the High Court's Inherent Jurisdiction over Children: Re X and Y (Adoption Order: Setting Aside)

The Modern Law Review, EarlyView.
The Supreme Court in Re X and Y (Adoption Order: Setting Aside) confirms that there is no power under the High Court's inherent jurisdiction to set aside a properly made adoption order, even if the child's welfare would be better served by un‐doing the adoption.
Rob George
wiley   +1 more source

I. National and supranational courts as battleground and meeting ground of constitutional adjudication

, 2018
This paper examines in a comparative perspective the jurisprudence of several EU Member States’ constitutional courts concerning the limits of the primacy of EU law.
Paris, D.
core  

State of the Field: Royal Studies and Court Studies

History, EarlyView.
Abstract Monarchy, as the world's oldest and most enduring form of political organization, is an area that has attracted the attention of scholars from a range of disciplines. Two connected and complementary fields embody this interdisciplinary study of monarchy and monarchies: royal studies, which takes an all‐encompassing approach to monarchy, and ...
Jonathan Spangler, Elena Woodacre
wiley   +1 more source

Constitutional Loyalty and the Transformative Construction of Constitutional Identity: Dialogue or Democratic Crisis?

İstanbul Hukuk Mecmuası
Constitutional identity has become a central concept in contemporary constitutional theory, particularly in debates concerning the limits of constitutional change and the authority of constitutional courts.
Aslıhan Kaplan Arık
doaj   +1 more source

‘Enthusiasts’ and ‘Fanatics’: The Decembrists as a Case Study in French Influence on Russian Culture, Emotions and Thought

History, EarlyView.
Abstract Participants in Russia's 1825 Decembrist uprising against the Tsarist regime were, quite literally, a case study in French cultural influence upon Russia. This is particularly true as it relates to Russia's emotional cultures. Although this has not, traditionally, been the primary focus of historical analysis of this event (in Soviet or ...
ADAM COKER
wiley   +1 more source

Intersection of Jurisdiction in Resolving Sharia Banking Disputes in General Court

Jurnal Konstitusi
After the Constitutional Court Decision No.93/PUU-X/2012, there were still sharia banking disputes, which were resolved through the General Courts. As in the Padang District Court Decision No. 27/Pdt.G.S/2022/PN Pdg.
Almaududi Almaududi
doaj   +1 more source

The New East European Constitutional Courts [PDF]

, 1992
This article will describe some aspects of the different tribunals in Russia, Hungary, Poland, Czechoslovakia, Bulgaria, and Romania, and will compare them with each other and with the U.S. Supreme Court.
Schwartz, Herman
core