Federal Habeas Corpus and Ineffective Representation of Counsel: The Supreme Court Has Work To Do [PDF]
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.
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Feasibility of Judges’ Citation to the Constitution in the Non-Implementation of Laws Contrary to It [PDF]
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
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Constitutional Dialogue in the Case of Legislative Omissions: Who Fills the Legislative Gap?
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
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Demokratyczny status sądowej kontroli konstytucyjności prawa
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
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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
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The Guardian of the Constitution in Carl Schmitt's Thought [PDF]
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
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Transgender Tropes & Constitutional Review
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
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PERSONAL DATA PROTECTION ISSUE REFLECTED IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA [PDF]
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
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Review: Inelastic Constitutive Modeling: Polycrystalline Materials
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
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THE ROMANIAN OMBUDSMAN - PUBLIC INSTITUTION INVOLVED IN THE PROTECTION HUMAN RIGHTS AND THE OBSERVANCE OF THE SEPARATION AND BALANCE BETWEEN THE STATE POWERS [PDF]
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

