Results 11 to 20 of about 787,676 (215)

Federal Habeas Corpus and Ineffective Representation of Counsel: The Supreme Court Has Work To Do [PDF]

open access: yes, 1978
The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those ...
Tague, Peter W.
core   +2 more sources

Feasibility of Judges’ Citation to the Constitution in the Non-Implementation of Laws Contrary to It [PDF]

open access: yesدانش حقوق عمومی
The Constitution, as the highest legal-political instrument of the country, must be immune from any kind of intervention, for which special institutions are usually formed or appointed; otherwise, the rights and freedoms of the people in the constitution
Mostafa Mansourian, Mahdi Farahmand
doaj   +1 more source

Constitutional Dialogue in the Case of Legislative Omissions: Who Fills the Legislative Gap?

open access: yesUtrecht Law Review, 2018
In approximately 108 judgments, the Belgian Constitutional Court has confirmed the presence of a legislative lacuna. These judgements incite a constitutional dialogue, first and foremost with the legislator, especially in those cases where the Court ...
Sarah Verstraelen
doaj   +1 more source

Demokratyczny status sądowej kontroli konstytucyjności prawa

open access: yesFilozofia Publiczna i Edukacja Demokratyczna, 2016
Constitutional review of legislation is the power to examine statutes for their conformity with the constitution. This competence is performed by the judiciary.
Wojciech Ciszewski
doaj   +1 more source

THE CONSTITUTIONAL COURT IN THE MECHANISM OF DOMESTIC REMEDIES IN STATES WITH DIRECT ACCESS TO CONSTITUTIONAL JUSTICE: OPERATIONAL AND ECONOMIC ASPECTS

open access: yesBaltic Journal of Economic Studies, 2020
This article studies the legal status and the performance of the Constitutional Court (hereinafter referred to as the CC). The experience of States with direct access to a body of constitutional jurisdiction enables to distinguish the CC's position in ...
Iryna Berestova, Galyna Yurovska
doaj   +1 more source

The Guardian of the Constitution in Carl Schmitt's Thought [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2021
Constitutional review is one of the important concepts of constitutional law that, although begun in the nineteenth century and in the United States, grew worldwide in the twentieth century.
Fardin Moradkhani
doaj   +1 more source

Transgender Tropes & Constitutional Review

open access: yes, 2020
Published: Jennifer L. Levi & Kevin M. Barry, Transgender Tropes & Constitutional Review, 37 YALE L. & POL'Y REV. 589 (2019).The Trump administration is aggressively and systematically rolling back policies that protect transgender people.
Jennifer L. Levi   +2 more
openaire   +3 more sources

PERSONAL DATA PROTECTION ISSUE REFLECTED IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA [PDF]

open access: yesChallenges of the Knowledge Society, 2019
Over the past few years, data privacy became more and more an issue that stirred on European level lots of debates and determined the adoption of a new set of rules, imposed with the compulsory force of a European regulation.
Valentina BĂRBĂȚEANU
doaj  

Review: Inelastic Constitutive Modeling: Polycrystalline Materials

open access: yesMaterials, 2023
This article provides a literature review that details the development of inelastic constitutive modeling as it relates to polycrystalline materials. This review distinguishes between inelastic constitutive models that account for nonlinear behavior at the microstructural level, time-independent classic plasticity models, and time-dependent unified ...
Mirza Baig   +3 more
openaire   +2 more sources

THE ROMANIAN OMBUDSMAN - PUBLIC INSTITUTION INVOLVED IN THE PROTECTION HUMAN RIGHTS AND THE OBSERVANCE OF THE SEPARATION AND BALANCE BETWEEN THE STATE POWERS [PDF]

open access: yesChallenges of the Knowledge Society, 2016
Defender of the rights and freedoms of individuals in their relations with public authorities and guarantor of respect for the principle of separation and balance of state powers within the constitutional democracy, the Romanian Ombudsman has the legal ...
Simina POPESCU
doaj  

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