Results 31 to 40 of about 1,474,683 (396)

Constitutional courts versus supreme courts [PDF]

open access: yesInternational Journal of Constitutional Law, 2007
Constitutional courts exist in most of the civil law countries of Westem Europe, and in almost all the new democracies in Eastem Europe; even France has developed its Conseil Constitutionnel into a genuine constitutional jurisdiction. While their emergence may be regarded as one of the most successful improvements on traditional European concepts of ...
openaire   +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

European model of constitutional justice: Its existence and perspective [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2015
In a number of states, including the Republic of Serbia, constitutional justice has been assuming the role of the supervisor of the legislative, the executive and the regular judicial power.
Vučić Olivera, Stojanović Dragan M.
doaj   +1 more source

The Democratic Self-Defence of Constitutional Courts

open access: yesICL journal
Courts around the world are under attack. They are being captured, packed, threatened, and their authority and powers are being limited by governments that seek to undermine the democratic constitutional order. Once courts are weakened or captured, it is
Pablo Castillo-Ortiz, Yaniv Roznai
semanticscholar   +1 more source

Our Prescriptive Judicial Power: Constitutive and Entrenchment Effects of Historical Practice in Federal Courts Law [PDF]

open access: yes, 2016
Scholars examining the use of historical practice in constitutional adjudication have focused on a few high-profile separation-of-powers disputes, such as the recent decisions in NLRB v. Noel Canning and Zivotofsky v. Kerry.
Young, Ernest A.
core   +4 more sources

Why Constitutional Courts Back Death Penalty? Insights from Indonesia and South Korea

open access: yesVolksgeist
This article explores the paradoxical affirmation of the death penalty by the Constitutional Courts in Indonesia and South Korea, despite constitutional guarantees for the right to life and the fundamental right of human dignity.
Andy Omara, Faiz Rahman
doaj   +1 more source

Social pacts and Constitutional Justice: A comparative approach between Korea and Colombia. [PDF]

open access: yesCivilizar, 2011
During the last quarter of the twentieth century, new constitutions were adopted in South Korea and Colombia and these documents established constitutional courts.
Rodrigo González Quintero
doaj  

Battleground or Meeting Point? The Respect for National Identities in the European Union – Article 4(2) The Treaty on European Union

open access: yesCroatian Yearbook of European Law and Policy, 2012
The national identity clause is drawing significant attention lately and it is not without a reason. The developments over this provision have opened dilemmas whether Article 4(2) CTEU will have implications for the absolute primacy of EU law and thus ...
Denis Preshova
doaj   +1 more source

Foreword: Constitutional Courts in the European legal system after the Treaty of Lisbon and the Euro-crisis [PDF]

open access: yes, 2015
The paper provides for an introduction to the special issue of the German Law Journal on the topic of preliminary references to the CJEU by the highest jurisdictions.
Dicosola, Maria   +2 more
core   +1 more source

What Makes for More or Less Powerful Constitutional Courts? [PDF]

open access: yes, 2018
It is sometimes suggested that one or another constitutional or supreme court (for example, the U.S., Indian, or German) is the “most powerful in the world.” And yet it is often far from clear what the measure of power is or should be, what the sources ...
Gardbaum, Stephen
core   +2 more sources

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