Results 31 to 40 of about 787,676 (215)

Immigration as Commerce: A New Look at the Federal Immigration Power and the Constitution [PDF]

, 2018
The relationship of immigration law to the Constitution has long been incoherent. One result is that there is little clarity on the appropriate standard of review for constitutional violations when aspects of immigration law and policy are challenged in ...
Gordon, Jennifer
core   +2 more sources

Ide Mengakomodasi Constitutional Complain sebagai Kewenangan Baru Mahkamah Konstitusi Indonesia [PDF]

, 2010
Constitutional Courts presence in the Indonesian state administration system in, order to reform state affairs which menutut law enforcement in a fair and democratic about the constitution.
Taruna, B. L. (Bayu)
core   +2 more sources

The Authoritarian Impulse in Constitutional Law [PDF]

, 1988
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the
West, Robin
core   +2 more sources

CONSTITUTIONAL REVIEW DI INDONESIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 48/PUU-IX/2011: DARI NEGATIVE LEGISLATOR MENJADI POSITIVE LEGISLATOR

RechtIdee, 2020
The Constitutional Court carrying out its duties regarding the constitutional review acts as a negative legislator which canceling laws that are contrary to the 1945 Constitution. This study examines the political shift of constitutional review law where
Xavier Nugraha, Risdiana Izzaty, Alya Anira   +2 more
doaj   +1 more source

Balancing, Constitutional Review, and Representation [PDF]

International Journal of Constitutional Law, 2005
Balancing is one of the main issues in current debates on the interpretation of constitutional rights. Numerous authors have raised the objection that balancing is both irrational and subjective. It is argued that this objection is unjustified. To show this, balancing is embedded in a theory of discursive constitutionalism that connects the concept of ...
openaire   +1 more source

Keeping Safe Distance: Chapters from Randomised (Non)Application of the EU Charter of Fundamental Rights before Polish Constitutional Tribunal

Baltic Journal of European studies, 2019
The question of the application and impact of the Charter of Fundamental Rights of the EU (‘Charter’) in quotidian practice of human rights protection and review is a strategic one. Given the predominantly decentralised effects of EU law and with the due
Kustra-Rogatka Aleksandra, Hamuľák Ondrej   +1 more
doaj   +1 more source

\u3ci\u3eEldred\u3c/i\u3e and \u3ci\u3eLochner\u3c/i\u3e: Copyright Term Extension and Intellectual Property as Constitutional Property [PDF]

, 2003
Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain ...
Schwartz, Paul M., Treanor, William Michael   +1 more
core   +1 more source

Standstill with constitutional review procedure: An addendum to debate on constitutionality protection in objective sense [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu, 2017
Subject of the paper is standstill with constitutional normative control of law. This institute could be applied on the base of Constitutional Court's decision, dealing with demand previously submitted by the state organ whose disputed general act is ...
Orlović Slobodan P., Rajić Nataša N.
doaj  

Democracy and Feminism [PDF]

, 1996
Although feminist legal theory has had an important impact on most areas of legal doctrine and theory over the last two decades, its contribution to the debate over constitutional interpretation has been comparatively small.
Higgins, Tracy E.
core   +1 more source

Judicial constitutional control In Russia and foreign countries: models, significance and specificity

Гуманитарные и юридические исследования
Introduction. Constitutional review is the cornerstone in maintaining the constitutional order, ensuring compliance with the rule of law and protecting individual rights in the state.
F. S. Bekirova, R. R. Gabrilyan
doaj   +1 more source