Results 11 to 20 of about 29,978 (258)

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

Judicial Law-Making in European Constitutional Courts [PDF]

, 2020
This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined.

core   +4 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

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

“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 Importance of Full Constitutional Complaint as the Effective Mechanism for Restoring Human Rights in Constitutional Justice [PDF]

სამართალი და მსოფლიო, 2021
The report is related to pointing out the advantages of full constitutional complaint and its peculiarities and characteristics. The model of full constitutional complaint contributes to the principle of responsible governance and relevant authorities ...
Tamar Avaliani
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

References to jurisprudence of foreign constitutional courts in judgments and decisions of the Constitutional Tribunal of the Republic of Poland

Review of European and Comparative Law, 2022
In its jurisprudence, the Constitutional Tribunal of the Republic of Poland often uses the comparative law method. For it, comparative material is not only the normative acts in force in other countries, but also foreign jurisprudence.
Grzegorz Maroń
doaj   +1 more source

Judical power in the constitutional system of Serbia in the context of international standards [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu, 2011
The attention is paid to the status of the courts and judges within the constitutional system of the Republic of Serbia. Constitutional solutions referring to the status of judicial power within constitutional system of the Republic of Serbia have been ...
Pajvančić Marijana
doaj   +1 more source

Aspects concerning the Admissibility of the Exception of Unconstitutionality

Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2020
Access to constitutional justice by way of the exception of unconstitutionality is subject to conditions, provided by law and developed in the practice of the Romanian courts of justice and of the Constitutional Court. An exception of unconstitutionality
S.G. Barbu, C.M. Florescu
doaj   +1 more source