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On the Judicialization of Politics: an Approach from Neoconstitutionalism [PDF]

open access: yes, 2017
El protagonismo adquirido por el poder judicial los sistemas jurídicos constitu-cionalizados plantea una serie de desplazamientos y desequilibrios en la arquitectura cons-titucional del Estado democrático contemporáneo.
Marín Castán, Mª Luisa
core  

Litigating War: The Justiciability of Executive War Power [PDF]

open access: yes, 2019
Courts frequently dismiss claims against the Executive’s use of the war power as being non-justiciable political questions. This lack of a judicial check has created a situation in which meaningful checks and balances on the war power are found only in ...
Smith, Chris
core   +1 more source

Constitutional Remedies & Public Interest Balancing [PDF]

open access: yes, 2013
The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity.
Greabe, John M.
core   +2 more sources

The Evolution of Judicial Power: How the Supreme Court Effectively Legalized Rape on Indian Reservations [PDF]

open access: yes, 2014
According to the 2010 National Intimate Partner and Sexual Violence Survey, nearly one in five women in the United States have experienced sexual violence.
Martinez, Clara
core   +2 more sources

Constitutionalism and judicial usurpation power

open access: yesZbornik Radova Pravnog Fakulteta u Splitu, 2009
There are many new constitutional organizations of power in contemporary world who embraced the idea of constitution as a expression of higher law. Higher law idea has opened new possibilities for state institutions activities, especially of courts ...
Petar Bačić
doaj  

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