Results 21 to 30 of about 835,716 (334)

Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia

Lentera Hukum, 2023
In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election.
Mexsasai Indra, Geofani Milthree Saragih, Tito Handoko   +2 more
doaj   +1 more source

Regulation Arrangement through The Judicial Power: The Challenges of Adding the Authority of The Constitutional Court and The Supreme Court

Journal of Law and Legal Reform, 2022
Disharmony and regulation arrangement is one of the problems in Indonesia that has not been completely resolved. Efforts have been made by the government and various parties.
Ahmad Fauzan, Ayon Diniyanto, Abdul Hamid   +2 more
doaj   +1 more source

Beyond Invalidation: Unorthodox Forms of Judicial Review of Constitutional Amendments and Constitution-amending Case Law in Colombia

Revista de Investigações Constitucionais, 2022
Judicial invalidation of constitutional amendments has garnered the attention of scholars in the last few years. Questions like whether and how a court should quash an amendment are at the forefront of contemporary comparative-constitutional-law and ...
Vicente F. Benítez-R.
doaj   +1 more source

JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT

Yuridika, 2018
The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues.
Radian Salman, Sukardi Sukardi, Mohammad Syaiful Aris   +2 more
doaj   +1 more source

Constitutional design and the Brazilian judicial review: remarks about strong and weak-form review in the Brazilian Federal Supreme Court

Revista Opinião Jurídica, 2017
This paper discusses the constitutional design model of judicial review established in the 1988 Brazilian Federal Constitution through the classification model of strong and weak judicial review forms, generally applied to the Commonwealth countries ...
Marco Antonio Loschiavo Leme de Barros
doaj   +1 more source

Judicial Review Oleh Mahkamah Konstitusi: Judicial Activism vs. Judicial Restraint dalam Perspektif Kebebasan Kehakiman

Jurnal Konstitusi
The discourse between the application of judicial activism or judicial restraint has become a hot issue of judicial review authority where recently the Constitutional Court through the act of judicial activism has carried out rule breaking which has ...
Geofani Milthree Saragih, Mirza Nasution, Eka NAM Sihombing   +2 more
doaj   +1 more source

Integrasi Konstitusional Kewenangan Judicial Review Mahkamah Konstitusi dan Mahkamah Agung

Jurnal Konstitusi, 2021
The separation of judicial review authority of the rules and regulation between the Supreme Court and the Constitutional Court raises many questions, what is the reason for the Reform of the 1945 Constitution to make this separation.
Maruarar Siahaan
doaj   +1 more source

The Original Meaning of the Judicial Power [PDF]

, 2004
In this paper, the author refutes any claim that judicial review was invented in Marbury v. Madison, or that, because it is contrary to the original meaning of the Constitution, it must be justified by some nonoriginalist interpretive methodology.
Barnett, Randy E
core   +2 more sources

Judicial Review of Uncertain Risks in Scientific Research [PDF]

, 2017
It is difficult to neutrally evaluate the risks posed by large-scale leading-edge science experiments. Traditional risk assessment is problematic in this context for multiple reasons. Also, such experiments can be insulated from challenge by manipulating
Johnson, Eric E.
core   +2 more sources

New Forms of Judicial Review and the Persistence of Rights - And Democracy-Based Worries [PDF]

, 2003
Recent developments in judicial review have raised the possibility that the debate over judicial supremacy versus legislative supremacy might be transformed into one about differing institutions to implement judicial review.
Tushnet, Mark V.
core   +1 more source