Results 21 to 30 of about 785,173 (297)

THE CHARACTER AND LEGAL EFFECT OF THE DECISIONS OF THE CONSTITUTIONAL COURTS (Comparative overview of the European models of control of constitutionality)

open access: yesIustinianus Primus Law Review, 2021
The establishment of the system of control of the constitutionality of acts by the constitutional court consequently imposes one very important issue - the issue of the legal effect of its decisions.
Jelena Trajkovska jHristovska
doaj  

The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? [PDF]

open access: yes, 2013
This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality.
Kohn, Lauren Manon
core   +1 more source

Judicial narrative sovereignty: Normalization of emergency through unconstitutional constitutional amendments in times of crisis [PDF]

open access: yesPravni Zapisi
This paper explores the role of the courts in times of crisis and emergency. It focuses on the tension between the imaginary conceptualizations regarding the status of courts in times of normalcy and emergency that exist in the theoretical discourse and ...
Belov Martin
doaj   +1 more source

Composition and structure of the East-Central European constitutional courts [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2022
The present paper is going to deal with the composition, the recruitment base, the operational mechanisms and the innen structure of the constitutional courts in the course of constitutional adjudication of eight East-Central European countries (in ...
Tóth Zoltán J.
doaj   +1 more source

Law, politics, and the constitutional courts' activism

open access: yes, 2021
This chapter evaluates whether Constitutional Courts should be considered legal actors simply enforcing what is written by political actors in statutes and constitutions, or institutional actors with a predominantly political nature, determining what the
Mauro Zamboni, Zamboni, Mauro,
core   +1 more source

REGIONAL CONSTITUTIONAL JUSTICE IN THE RUSSIAN FEDERATION: CURRENT PROBLEMS AND THEIR SOLUTIONS

open access: yesЭлектронное приложение к Российскому юридическому журналу, 2019
The article analyzes the relevant problems of the activities of the constitutional (charter) courts of the constituent entities of the Russian Federation: their interaction with courts of general jurisdiction; the grounds for their abolition (on the ...
Stepshina Anastasiya
doaj   +1 more source

Trybunalskie i sądowe stosowanie zasady „ignorantia iuris nocet” na gruncie praktyki orzeczniczej w Polsce

open access: yesFilozofia Publiczna i Edukacja Demokratyczna, 2018
The article discusses the issue of the Constitutional Court’s and other courts’ application of the principle of ignorantia iuris nocet in the practice of issuing rulings.
Tomasz Woś
doaj   +1 more source

The illiberal abuse of constitutional courts in Europe [PDF]

open access: yes, 2019
Legal constitutionalism – Political constitutionalism – Emergence of illiberal constitutionalism as a tertium genus – Examination of constitutional courts under three illiberal governments: Poland, Hungary, and Turkey – Illiberal governments’ strategies ...
Castillo Ortiz, P.J.
core   +1 more source

Constitutional Courts’ Functions in Europe: What Do Constitutions Say?

open access: yesStrani pravni život
National constitutional courts in Europe are entrusted with various paramount tasks based on the provisions in their national constitutions. Numerous constitutional provisions establish the basis for the performance of constitutional justice within the ...
Vladimir T. Mikić
doaj   +1 more source

Concentrated judicial review in Brazil and Colombia: which (or whose) rights are protected?

open access: yesRevista de Investigações Constitucionais, 2020
Over the last few decades, judicial power has expanded, especially in constitutional or supreme courts. Recently, scholars in comparative constitutional law have focused their attention on analyzing the causes and consequences of this expansion in ...
Marcus Flávio Horta Caldeira
doaj   +1 more source

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