Results 11 to 20 of about 106,073 (282)

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

open access: yesJus 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

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

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

open access: yesEuropean 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

open access: yesМосковский 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

Brazilian Supreme Court, judicial self-restraint, and educational policy: the homeschooling case (RE 888815)

open access: yesRevista Direito, Estado e Sociedade, 2021
Abstract: How do Brazilian Supreme Court Justices use the decision-making strategy of judicial self-restraint? Judicial self-restraint is a strategy whose fundamental premise sustain that, if possible, any Supreme Court should avoid ruling on constitutional issues, and resolve the cases before them on other (usually statutory) grounds to avoid the hard
José Mário Wanderley Gomes Neto   +2 more
openaire   +2 more sources

Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System

open access: yesBaltic Journal of Law & Politics, 2019
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 ...
Parchomiuk Jerzy
doaj   +1 more source

Barak’s Purposive Interpretation in Law as a Pattern of Constitutional Interpretative Fidelity

open access: yesBaltic Journal of Law & Politics, 2016
Political jurisprudence points out that constitutional court judges sometimes act like political actors, and that their decisions are a function of strategic and ideological as much as legal considerations.
Marinković Tanasije
doaj   +1 more source

Relaciones entre el Tribunal Supremo y el Tribunal Constitucional en España // Relationship Supreme Court - Constitutional Court in Spain

open access: yesRevista de Derecho Político, 2016
In Spain, Title VI of the Constitution considers the Supreme Court the highest judicial body in all orders, except for the provisions concerning constitutional guarantees, while art.
Pedro J. Tenorio Sánchez
doaj   +1 more source

Judicial Self-Restraint in Labour Law

open access: yesIndustrial Law Journal, 2009
This article considers various examples of the use of reasonableness and proportionality tests in labour law cases. It seeks to analyse and critique the judges’ formulation and application of these tests, drawing on the extensive public law literature on judicial self-restraint or ‘deference’.
openaire   +2 more sources

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