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Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice? [PDF]

open access: yesEuropean Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 967-975 | European Forum Insight of 29 August 2017 | (Table of Contents) I.
Aurora Rasi
doaj   +3 more sources

Public Litigation and the Concept of “Deference” in Judicial Review [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2015
The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter ...
Abraham Klaasen
doaj   +1 more source

Reviewing the Speaker's Decision: A Brief Synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)

open access: yesPotchefstroom Electronic Law Journal, 2021
In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in which voting in a motion of no ...
Bradley BV Slade
doaj   +1 more source

Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi

open access: yesJurnal Konstitusi, 2016
Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial ...
Wicaksana Dramanda
doaj   +1 more source

The Perils of Judicial Restraint: How Judicial Activism Can Help Evolve the International Court of Justice

open access: yesGöttingen Journal of International Law, 2019
The article analyzes the International Court of Justice and its approach to judicial decision-making. By investigating the Court’s jurisprudence over its seventy years of activity, the article seeks to outline, that if given the choice, the ICJ tends to
Deepak Mawar
doaj   +1 more source

Editorial: Mendudukan Kembali Judicial Activism dan Judicial Restraint dalam Kerangka Demokrasi

open access: yesPadjadjaran: Jurnal Ilmu Hukum, 2017
Judicial activism dan judicial restraint menjadi topik hangat pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-XIV/2016 yang menolak permohonan perluasan makna dari Pasal 284, Pasal 285, dan Pasal 292 Kitab Undang-Undang Hukum Pidana (KUHP).
Atip Latipulhayat
doaj   +1 more source

Inconsistent Constitutional Court Decisions Resulting in Uncertainty Regarding the Legal Dispute on Regional Head Election Results in Indonesia

open access: yesLentera Hukum, 2019
In Indonesia, the Constitutional Court is the sole interpreter and guardian of the constitution and the decision made by this Court is expected to meet a sense of justice, utility, and legal certainty.
Saut Parulian Manurung
doaj   +1 more source

The Role of Ethiopian Courts in Commercial Arbitration

open access: yesMizan Law Review, 2010
The role of arbitration in settling disputes which involves national and transnational commercial transactions is steadily growing in this era of globalisation.
HG Feyissa
doaj   +1 more source

Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context

open access: yesTilburg Law Review, 2015
This article analyses two aspects of judicial activism at the European Court of Justice. First, four German landmark cases concerning European law demonstrate the dialogical relationship between the European Union and their member states with regard to ...
Valerie Dhooghe   +2 more
doaj   +1 more source

Judicial Review of Labor Agreements: Lessons From the Sports Industry [PDF]

open access: yes, 1981
Recently, climate engineering and particularly sulphur aerosol injection (SAI) have entered the arena of international climate change politics. The idea behind SAI is very simple: to reflect sunlight and heat back into space by injecting particles into ...
Weistart, John C.
core   +2 more sources

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