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