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Constitutional and Administrative Justice
2023Abstract Chapter 11 examines constitutional and administrative justice in the Russian Federation, stressing the adjustments and compromises made by the Russian Constitutional Court (RCC) that facilitated its survival in an authoritarian state.
Kathryn Hendley, Peter H. Solomon
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Constitutional Justice in France
2020Abstract This chapter examines the concept of ‘constitutional justice’ (justice constitutionnelle) as it is understood within the French legal order. Afterward, the chapter examines the history of French constitutional justice from the Ancien Régime to the Fifth Republic.
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Constitutional Justice in Ukraine
2023W artykule skupiono się na współdziałaniu sądów powszechnych Ukrainy oraz Trybunału Konstytucyjnego Ukrainy w zakresie ochrony praw człowieka. Podkreśla się, że ich niezależne funkcjonowanie nie zapewnia skutecznej ochrony praw i wolności jednostki oraz znacząco zwiększa liczbę skarg obywateli Ukrainy kierowanych do Europejskiego Trybunału Praw ...
Victor Muraviov, Nataliia Mushak
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Constitutional Justice in Russia
Review of Central and East European Law, 2009AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of ...
Jane Henderson, Marina Lomovtseva
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2000
Abstract This chapter turns to the nature and role of constitutionalism in periods of 1 political change. The central dilemma is how to reconcile the concept of constitutionalism with revolution: Revolutionary periods and their aftermath are times of political flux and, as such, present tensions with constitutionalism, which is ...
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Abstract This chapter turns to the nature and role of constitutionalism in periods of 1 political change. The central dilemma is how to reconcile the concept of constitutionalism with revolution: Revolutionary periods and their aftermath are times of political flux and, as such, present tensions with constitutionalism, which is ...
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2012
This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John
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This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John
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Justice Windeyer and the Constitution
Federal Law Review, 1987The proper approach to constitutional interpretation, and the role of the High Court in that interpretation, have recently begun to be widely debated, not just in legal circles but also in the wider community. This debate has been stimulated in part by significant decisions like the Franklin Dam case, and proposals to give judges jurisdiction to ...
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Access to Constitutional Justice
2020This chapter discusses the process by which judges are selected and recommends that judicial selection be placed in the hands of a judicial services commission on which would serve representatives of the legal profession, the bench and the public, and that the government would be restricted to choosing judges from candidates put forward by the ...
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Comparative Constitutional Justice
2021Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies.
Silvia Bagni, Matteo Nicolini
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