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, 2017 The idea of constitutionalism—like the ideas of state, government, democracy, power, and law to which it is very closely related—goes right to the heart of some of the very biggest questions about how we can live together. Where individuals coexist in any social group—a family, tribe, or nation state, or as citizens in a wider global order—there are ...
Godden, Andrew, Morison, John
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Journal of Legal Studies, 2017 The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society.
Moroșteș Anca-Florina +1 more
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Rethinking Constitutionality in Education Rights Cases [PDF]
, 2020 Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching
Weishart, Joshua E.
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Constitutionality of constitutional settlement of disputes for the election of local heads
Jurnal Cakrawala Hukum, 2022 The authority to adjudicate disputes over the results of regional head elections continues to experience a shift in the judiciary. The delegation of authority to judge to the courts caused a polemic when the Pilkada was returned to the electoral regime ...
Ahmad Siboy
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Constitutionality of enforcement of claims by private enforcement agents [PDF]
Anali Pravnog Fakulteta u Beogradu, 2014 The main focus of this paper is legal status of private enforcement agents in Serbia. The 2011 Serbian Law on Enforcement and Security has introduced private enforcement agents as legal professionals in charge mainly for carrying out of the enforcement ...
Bodiroga Nikola
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The Pandemic and Constitutionalism
Jus Cogens, 2022 Abstract The paper discusses the reactions of different political and constitutional systems reactions to the pandemic and also the impact of COVID to populism, constitutionalism, and autocracy. Beyond the choice between economic and health considerations also applied in liberal democratic countries, which have lead either to “under-” or “overreaction”
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Potchefstroom Electronic Law Journal, 2022 South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations.
Klaus D Beiter +8 more
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Revista Eletrônica de Direito Processual, 2018 This study analyzes the constitutionality of §3° of article 496 from Brazilian Procedure Code (Federal law number 13.105/2015), considering rules of collective interest, material equality, federalism, financial autonomy and legislative powers of Federal
Caio Gama Mascarenhas
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Scientia Militaria, 2022 The death penalty was long practised in South Africa as one of the sentence options for capital crimes such as murder, rape, treason, terrorism, and robbery with aggravating circumstances.
Chris Magobotiti
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Constitutional Political Economy, 2002 We argue that the standard Constitutional Political Economy defence of constitutionalism, that derives from an argument relating to the shift from narrowly self-interested motivations in the in-period context to relatively general-interest decision making in the constitutional context, is flawed precisely because it is intended to relate to essentially
Brennan, Geoffery, Hamlin, Alan
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