Results 1 to 10 of about 392,708 (322)

Parliamentary Supremacy versus Judicial Supremacy<br>How can adversarial judicial, public, and political dialogue be institutionalised?

Utrecht Law Review, 2016
The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and comparative constitutionalism and argue that both judicial ...
Veit Bader
doaj   +4 more sources

“JUDICIAL SUPREMACY VS PARLIAMENTARY SUPREMACY IN INDIA”

International Journal For Multidisciplinary Research
This paper examines the balance between judicial and parliamentary supremacy in India's political structure. It analyzes how both institutions interact, with Parliament making laws and the judiciary interpreting and protecting the Constitution. Through key judgments and historical developments, the study highlights the checks and balances essential to ...
Vidhi Jain
openaire   +2 more sources

Conventionality control and international judicial supremacy

Revus, 2020
According to the American Convention on Human Rights, the Inter-American Court is the competent body to “comprise all cases concerning the interpretation and application of the provisions of [the] Convention that are submitted to it”. In this normative framework, in 2006 the Inter-American Court introduced the so-called conventionality control doctrine.
Claudina Orunesu
openaire   +2 more sources

Deliberating the Constitutional Supremacy from Legal Perspective in Palestine

Yustisia, 2022
The system of government considers constitutional supremacy in which the freedom of the legislature of parliamentary supremacy relinquishes to the requirements of a constitution.
Ahmed M.A Hamad, Haslinda binti Mohd. Anuar   +1 more
doaj   +1 more source

Analisis Yuridis Terkini Terhadap Tugas Common Law And Fidusia Direktur di Inggris, Amerika, Kanada Dan Indonesia

Mimbar Hukum, 2023
This article discusses the role of the Supreme Court in defending the principle of the supremacy of the constitution. This article argues that the Supreme Court has inherent judicial authority to defend the supremacy of the constitution over legislation ...
Yafet Yosafet Wilben Rissy
doaj   +1 more source

MAHKAMAH AGUNG DAN SUPREMASI KONSTITUSI: DISKRESI YUDISIAL DALAM PENERAPAN UNDANG-UNDANG

Mimbar Hukum, 2022
This article aims to discuss the role of the Supreme Court in defending the principle of the supremacy of the constitution. The discussion finds that the Supreme Court has inherent judicial authority to defend the supremacy of the constitution over ...
Titon Slamet Kurnia
doaj   +1 more source

Reformulation of Absolute Judicial Review Authority in the Constitutional Court to Uphold the Principle of Constitutional Supremacy

Jurnal Penelitian Ilmu-Ilmu Sosial, 2023
The Constitutional Court and the Supreme Court's dual-roof judicial review authority has generated new legal complications. The decisions between the Supreme Court and the Constitutional Court often conflict, giving rise to legal uncertainty for justice ...
Rivan Hidayat, Ritika Sahzana Adiba
semanticscholar   +1 more source

Judicial reform in Ukraine as an important step on the way to the state’s membership in the European Union

Конституційно-правові академічні студії, 2023
The purpose of the article is to analyze the current state of the judicial reform in Ukraine, to elicit problematic aspects in this area, and to identify trends in the further development of judicial reform.
Tetiana Kazik
doaj   +1 more source

Judicial Independence vs Parliamentary Supremacy: Reignition of debate vis-à-vis Israel and India

DME Journal of Law, 2023
Huge demonstrations are going on in State of Israel against the Judicial reforms being proposed by the PM Netanyahu led Government.1 In India also war of words is ongoing between senior government functionaries and Higher Judiciary over the collegium ...
Rakesh Ranjan Kumar
semanticscholar   +1 more source

Undelivered constitutional justice? Study on how the decisions of the Constitutional Court of the Republic of Indonesia are executed

Jurnal Civics: Media Kajian Kewarganegaraan, 2022
The constitutional design of the institution of the Constitutional Court (MK), as the guardian and the sole interpreter of the Constitution, is to ensure and guarantee the supremacy of the Constitution, constitutional compliance, and to bestow ...
Ismail Hasani, Halili Halili, Vishalache Balakrishnan   +2 more
doaj   +1 more source