Results 81 to 90 of about 82,073 (207)

The constitution of illicit orders

open access: yes, 2017
Within the context of a modern globalizing world, this thesis investigates governance in fragile areas where unconsolidated territorial-sovereign statehood offers niches for ‘illicit’ forms of social order to develop. Through recursive theoretical and empirical research rooted in the 'abductive' method of Pragmatism, the analysis has three overarching ...
openaire   +1 more source

A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court

open access: yes, 2016
A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law.
Faiz, Pan Mohamad
core   +1 more source

Public Choice, Constitutional Political Economy and Law and Economics [PDF]

open access: yes
The various subdisciplines within the emerging ‘new institutionalism’ in economics all draw special attention to the legal-political constraints within which economic and political agents choose and therefore represent a return of economics to its ...
Ludwig van den Hauwe
core  

The Politics of Constitutional Memory

open access: yes, 2022
Those who sought votes for women made claims for liberty and equality in the family on which constitutional law might now draw-but there is no trace of their voices or claims in constitutional law.
Siegel, Reva
core  

Striking a balance: the interplay of CJEU rulings and international human rights obligation with national constitutional identities

open access: yesНауковий вісник Ужгородського національного університету. Серія Право
The article examines approaches to the interaction of decisions of the Court of the European Union (CJEU) and international obligations in the field of human rights with the constitutional identity of states.
L. M. Deshko, V. S. Boiko
doaj   +1 more source

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

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  

Domestic Politics and Referendums on the Constitutional Treaty [PDF]

open access: yes
How can the decision of ten member states to subject the Constitutional Treaty of the European Union (EU) to a referendum be explained? Recently, some scholars have considered the need to give legitimacy to the decisions of the EU as one of the principal
Gemma Mateo González
core  

The Role of a Judge in Uncertain Times

open access: yesBaltic Journal of Law & Politics
A judge’s mission is to protect the fundamental values of the liberal constitutional order: democracy, the rule of law, and human rights. The constitutional structure of democracy after the World War II is based on the presumption that the judges can ...
Pleps Jānis
doaj   +1 more source

Out of the Shadows: Responsive Judicial Review and the Resurgence of the Notwithstanding Clause

open access: yes
This paper argues that the recent resurgence of section 33 of the Canadian Charter of Rights and Freedoms represents a generational challenge to both the role of courts and the legitimacy of fundamental rights.
Sandilands, Marion
core   +1 more source

Ontario’s Ag-Gag Law, Where do Things Stand?

open access: yes
One of the most significant developments in both animal law and constitutional law in 2024 was the decision released in April by Justice Markus Koehnen of the Ontario Superior Court regarding the province’s Security from Trespass and Protecting Food ...
Fernandez, Angela
core   +1 more source

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