Results 11 to 20 of about 125,744 (186)

'Effective Judicial Review Is of the Essence of the Rule of Law': Challenging Common Foreign and Security Policy Measures Before the Court of Justice [PDF]

European Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 671-697 | Article | (Table of Contents) I. Introduction. - II. The legal framework. - III. Limiting the Court's jurisdiction. - IV. The Exception: judicial review of CFSP
Marise Cremona
doaj   +3 more sources

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

European 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

Emergency Powers, Constitutional (Self-)Restraint and Judicial Politics: the Turkish Constitutional Court During the COVID-19 Pandemic

Jus Cogens, 2022
AbstractThis paper investigates the Turkish Constitutional Court (TCC)’s treatment of legal challenges brought against Turkey’s legal responses to the COVID-19 pandemic. Drawing on a detailed examination of the TCC’s institutional features, political origins and jurisprudential trajectory, and taking three politically salient judgments of the TCC ...
Emre Turkut
openaire   +3 more sources

The South African Constitutional Court's Use Of Foreign Precedent In Matters Of Religion: Without Fear Or Favour? [PDF]

Potchefstroom Electronic Law Journal, 2015
Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the constitutional reasoning of the
Christa Rautenbach
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Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

Jurnal Konstitusi, 2016
In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint.
Bisariyadi Bisariyadi
doaj   +1 more source

Balancing security and liberty within the European human rights framework. A critical reading of the Court’s case law in the light of surveillance and criminal law enforcement strategies after 9/11

Utrecht Law Review, 2005
Literature concerning human rights protection by the European Court on Human Rights after 9/11 is very often coloured by optimism. Some authors hold that judicial control by the European Court on national anti-terrorism measures is very strict ...
Paul J.A. de Hert
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Judical review of discretionary powers in the activity of historical monuments protection bodies. The experience under the case law of Polish administrative courts

Bratislava Law Review, 2018
The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities, all these elements create a kind
Jerzy Parchomiuk
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Judicial Review of Labor Agreements: Lessons From the Sports Industry [PDF]

, 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

La Corte costituzionale chiude la 'saga Taricco': tra riserva di legge, opposizione de facto del controlimite e implicita negazione dell'effetto diretto

European Papers, 2018
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 885-895 | European Forum Insight of 1 July 2018 | (Table of Contents) I. Inapplicabilità assoluta della "regola Taricco", identità costituzionale e art. 49 della Carta. -
Daniele Gallo
doaj   +1 more source

THE IMPACT OF HUMAN RIGHTS LAW ON THE PROGRESSIVE DEVELOPMENT OF CONTEMPORARY INTERNATIONAL LAW. PART I

Московский журнал международного права, 2017
Human rights law has had a powerful influence on general international law. It sets the vector of the progressive development of general international law for decades to come.
M. L. Entin, E. G. Entina
doaj   +1 more source