ULTRA PETITA DALAM PENGUJIAN UNDANG-UNDANG DAN JALAN MENCAPAI KEADILAN KONSTITUSIONAL
Jurnal Konstitusi, 2016 The existence of Constitutional Court after the amendment the 1945 Constitution of Republic Indonesia (1999-2002) brought a fundamental change in the constitutional review of norms.
Ibnu Sina Chandranegara
doaj +1 more source
ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC [PDF]
Challenges of the Knowledge Society, 2021 Currently, both internationally and nationally, the Covid-19 pandemic generates an atypical situation, with profound effects on the social and political aspects of society.
Simina POPESCU-MARIN
doaj
The Original Meaning of the Judicial Power [PDF]
, 2004 In this paper, the author refutes any claim that judicial review was invented in Marbury v. Madison, or that, because it is contrary to the original meaning of the Constitution, it must be justified by some nonoriginalist interpretive methodology.
Barnett, Randy E
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Contextos da judicialização da política: novos elementos para um mapa teórico
Revista Direito GVResumo Este artigo tem um objetivo duplo: i) oferecer um mapa teórico capaz de sistematizar os fatores que explicam a variação na intensidade da inserção do Supremo Tribunal Federal (STF) no processo decisório e as diferentes formas pelas quais ele pode ...
Leandro Molhano Ribeiro +1 more
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Perspektif Penegakan Hukum Progresif dalam Judicial Review di Mahkamah Konstitusi
Jurnal Konstitusi, 2016 The Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of ...
Ja'far Baehaqi
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Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia
Lentera Hukum, 2023 In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election.
Mexsasai Indra +2 more
doaj +1 more source
Harmless Constitutional Error and the Institutional Significance of the Jury [PDF]
, 2008 Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S.
Fairfax, Jr., Roger A.
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New Forms of Judicial Review and the Persistence of Rights - And Democracy-Based Worries [PDF]
, 2003 Recent developments in judicial review have raised the possibility that the debate over judicial supremacy versus legislative supremacy might be transformed into one about differing institutions to implement judicial review.
Tushnet, Mark V.
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The Pros and Cons of Politically Reversible Semisubstantive Constitutional Rules [PDF]
, 2009 Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this view, the substance of challenged rules is of decisive importance, so that political decision makers may resuscitate invalidated laws only by way of ...
Coenen, Dan T.
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Mr. Justice Black, Constitutional Review, and the Talisman of State Action [PDF]
, 1965 In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in ...
Van Alstyne, William W.
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