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Constitutional History as an Integral Part of General History: The German Case

Rechtsgeschichte - Legal History, 2023
The German Constitution (»Basic Law«) of 1949 is generally regarded as a successful and effective constitution. Many attribute the altogether lucky development of the Federal Republic of Germany not least to this constitution and its interpretation and ...
Dieter Grimm
doaj   +3 more sources

Administrative offences law (constitutional prospects of codification)

Правоприменение, 2020
The subject of the research is the problems of constitutional law enforcement of administrative offences legislation, taking into account the prospects for its new codification.The purpose of the article is confirmation or confutation of the hypothesis ...
Sergey D. Knyazev, Konstantin V. Aranovskiy, Yuri M. Danilov   +2 more
doaj   +1 more source

The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation

Теоретическая и прикладная юриспруденция, 2023
In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author
V. R. Borisova
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Proportionality in the PSPP Saga: Why Constitutional Pluralism Is Here to Stay and Why the Federal Constitutional Court Did not Violate the Rules of Loyal Conduct

European Papers, 2022
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1527-1551 | Article | (Table of Contents) I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. –
Martin Höpner
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Questioning our faith in the judiciary: from institutional entrenchment to the monopoly of constitution

Revista de Investigações Constitucionais, 2022
This paper intends to question the role of the Brazilian Supreme Federal Court as an agent of democratic construction and its role as guardian of the constitution.
Rafael Bitencourt Carvalhaes, Fernando Gama de Miranda Netto   +1 more
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The Federal Constitutional Court Decisions: „The Right to be Forgotten I” and „The Right to be Forgotten II” – The Expectation of Increased Cooperation with the Concurrent Need to Maintain Independence

Studia Prawa Publicznego, 2020
The article discusses the decisions “Right to be forgotten I” and “Right to be forgotten II” of 6 November 2019 by the Federal Constitutional Court, which redefine the relationship of cooperation between the Federal Constitutional Court and the European
Magdalena Jaś-Nowopolska, Daniel Mengeler   +1 more
doaj   +1 more source

The Federal Constitutional Court Rules for a Bright Future of Constitutional Pluralism

German Law Journal, 2020
The ruling of the German Federal Constitutional Court in the Right to be forgotten II case is an example of constitutional pluralism in action. It demonstrates how a pluralist-minded court can elevate itself from and above the constitutional confines of ...
Matej Avbelj
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The Constitutional Court, the Social State clause, social rights and the right to a minimum decent living wage in the German Federal Republic

Estudios de Deusto, 2014
Regarding the number of cases of the Constitutional Court in relation to the social state and social rights, its important to anlyse the work of the Constitutional Court on this matter.
Pedro J. Tenorio Sánchez
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The Constitutional Court of the Russian Federation as a subject of constitutional responsibility

Law Enforcement Review, 2020
The subject of the article is justification of the main elements of the constitutional responsibility of the Russian Constitutional Court in the context of constitutional reform. The purpose of the article is confirmation or refutation of the hypothesis that the Constitutional Court must be subject to constitutional responsibility. The methodology. The
openaire   +3 more sources

Does Investor-State Dispute Settlement Discriminate Against Nationals?

German Law Journal, 2020
This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
doaj   +1 more source