Results 11 to 20 of about 794 (160)
The sovereign minority: the qualified majority rule for constitutional amendments
Revista de Investigações Constitucionais, 2023 The paper challenges the widespread intuition according to which the constitutional amendment procedure normatively requires the application of the qualified majority rule as a collective decision rule. To this end, the relationship between majority rule
Diego Pardo-Alvarez
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Three models for ordering constitutional orders [PDF]
Pravni Zapisi, 2022 The article explores constitutional transitions from the viewpoint of three explanatory and ordering paradigms proposed by the author. These are Westphalian constitutionalism, post-Westphalian constitutionalism and neo-Westphalian constitutionalism.
Belov Martin
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NATIONAL AND INTERNATIONAL LEGAL AND CONSTITUTIONAL ORDER. CONVERGENT AND DIVERGENT [PDF]
Challenges of the Knowledge Society, 2023 The relationship between the national law and the EU law is interpreted differently, there are several doctrinal concepts and different jurisprudence solutions.
Marius ANDREESCU, Andra PURAN
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الإخطار البرلماني في التشريع الجزائري ودوره في حماية حقوق وحريات المواطنين [PDF]
مجلة الاجتهاد للدراسات القانونية والاقتصادية, 2023 The Algerian constitutional founder sought, through successive reforms in the field of monitoring the constitutionality of laws, to make the latter more effective to achieve the goal of its adoption, which is to maintain the supremacy of the ...
ط.د عروسي علي +1 more
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Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право», 2023 Introduction. Atypical terminology for the monarchies of the Arab East appears at the constitutional and legislative level. If democratization after the Arab Spring was considered mainly as the construction of a "facade of democracy", nowadays there are ...
Liliia Hryshko
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Judicial Review of the Legislative Process in Lesotho: Lessons from South Africa
Potchefstroom Electronic Law Journal, 2019 The Constitution of Lesotho has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process with deference.
Hoolo 'Nyane
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Agora International Journal of Juridical Sciences, 2013 The Constitution is the fundamental law of a Member State governing the organizationand functioning of the relations between public authorities and citizens rights andfundamental freedoms, and ways to guarantee them.The Constitution is the supreme law in the state, it is at the top of the pyramid and it isthe source of all legal documents and legal ...
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Contested Issues in the Relation between EU Law and National Constitutions
Erdélyi Jogélet, 2023 It can be observed that while the EU is aiming for faster integration, national constitutional courts are reserving so-called identity clauses for nations, but the concept of these identity clauses and their binding force have yet to be clarified.
Gellért Nagy
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Judicial Supremacy and the Modest Constitution [PDF]
California Law Review, 2004 Judicial supremacy is under attack. From various points on the political spectrum, political actors as well as academics have challenged the idea that the courts in general, and the Supreme Court in particular, have a special and preeminent responsibility in interpreting and enforcing the Constitution.
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Few aspects regarding the supremacy of the Romanian Constitution
, 2020 The scientific basis of the supremacy of the Constitution is an important issue of the practice and theory of constitutionality. This preoccupation is related to the role of the Constitution in the normative system, in the hierarchization of the norms, as well as to the place of the constitutional law in the legal system.
Puran, Andra Nicoleta, Andreescu, Marius
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