Results 31 to 40 of about 1,141 (196)

Does the Rule of Law Require the Separation of Powers?

open access: yesThe Modern Law Review, EarlyView.
The separation of powers is an enigmatic political ideal, particularly in the context of the modern administrative state, in which administrative officials routinely perform a combination of legislative, judicial, and executive functions. In this article we reexamine this ideal by interrogating Adrian Vermeule's provocative claim that the separation of
Dimitrios Kyritsis, Matthew Lewans
wiley   +1 more source

The Jurisdiction of the Constitutional Justice in Germany in 19th and 20th Century. Legally-Historical View

open access: yesJournal on European History of Law, 2015
Constitutional justice and its competences towards the political powers have been discussed since the 19th century in in Europe. Who controls the laws? A court or the legislative itself?
Diemut Majer
doaj   +1 more source

The Federal Constitutional Court: Guardian of German Democracy

open access: yesThe ANNALS of the American Academy of Political and Social Science, 2006
Germany's Federal Constitutional Court rivals the Supreme Court of the United States in protecting political democracy. Its jurisprudence of democracy has shaped the course and character of German politics while upholding the rule of law and defending the constitutionally prescribed “free democratic basic order.” In furtherance of these objectives, the
openaire   +2 more sources

Global Union Federations and Human Rights Due Diligence: Strategic Repertoires in a Shifting Legal Terrain

open access: yesGlobal Policy, EarlyView.
ABSTRACT This paper investigates the strategic engagement of global union federations (GUFs) with emerging human rights due diligence (HRDD) legislation as a mechanism of transnational labour governance. Drawing on a multimethod qualitative design—including legal and document analysis and interviews with union officials—the study identifies six ...
Ingrid Landau   +2 more
wiley   +1 more source

The Continuity and Rupture of the ‘New Washington Consensus’: From Biden to Trump 2.0

open access: yesGlobal Policy, EarlyView.
ABSTRACT The ‘New Washington Consensus’ (NWC) represents a major intellectual shift in the US approach to global economic governance. However, the NWC has never been subject to systematic academic critique. With Trump's return to the White House ushering in a new era of US trade policy, the NWC is widely considered to be politically irrelevant in the ...
Ming Du
wiley   +1 more source

Orzeczenia Federalnego Trybunału Konstytucyjnego dotyczące zwołania posiedzenia Bundestagu w dniach 13 i 18 marca 2025 r. w celu rozpatrzenia projektu zmiany Ustawy zasadniczej

open access: yesPrzegląd Konstytucyjny
This study discusses the rulings of the Federal Constitutional Court regarding the convening of a session of the Bundestag on 13 and 18 March 2025 to consider a draft amendment to the Basic Law.
Piotr Czarny
doaj   +1 more source

Customary Law in the Postmodern World (Dis)order

open access: yesAJIL Unbound, 2018
B.S. Chimni's thought-provoking article presents a welcome opportunity to reflect on both the value and the shortcomings of custom as a source in contemporary international law.
Andreas Paulus, Matthias Lippold
doaj   +1 more source

European Ends, National Means: State Aid and the Unfinished Constitution of EU Industrial Policy

open access: yesEuropean Law Journal, EarlyView.
ABSTRACT Reimagining State Aid argues that Article 107 TFEU no longer describes what State aid control does and proposes amendments to recalibrate and narrow the notion of aid, modernise the compatibility grounds and expressly ground Commission frameworks in Article 108. This comment shares the diagnosis but disputes its cause, and thus the cure.
Dionysios Pelekis
wiley   +1 more source

Rethinking informal circularity through metanarratives: Tensions, insights and directions for management research

open access: yesInternational Journal of Management Reviews, EarlyView.
Abstract This study explores the intersection of the informal and circular economies and its implications for business, management and organization (BMO) scholarship and practice. Informal circularity, practices of collecting, reusing, repairing, recycling and repurposing materials outside formal economic, legal and regulatory arrangements, constitutes
Tulin Dzhengiz   +3 more
wiley   +1 more source

National Constitutional Courts as Guardians of the Charter: A Comparative Appraisal of the German Federal Constitutional Court'sRight to Be ForgottenJudgments [PDF]

open access: yesCambridge Yearbook of European Legal Studies, 2020
AbstractThe binding legal force that the Charter acquired with the Treaty of Lisbon has led some national constitutional courts to adopt an entirely new approach to EU fundamental rights. Most notably, the Austrian Constitutional Court, the Italian Constitutional Court, and the German Federal Constitutional Court have explicitly made the Charter a ...
openaire   +2 more sources

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