Results 81 to 90 of about 19,070 (237)

The Justiciability of Social Rights in Morocco and France

open access: yesمجلة الدراسات والبحوث القانونية, 2020
Justiciability is a new idea and is in the process of taking root, the idea of submitting a challenge to violations of social rights to a judicial body; including the goal of building an order concerned with equity and social democracy.
Jamal Mesbah
doaj  

Constitutionalism in the Shadow of Doctrine: The President’s Non-Enforcement Power [PDF]

open access: yes, 2000
Barron challenges the court-centered approach to the scope of the President\u27s non-enforcement power. He contends that a President, notwithstanding that he considers himself bound by the Supreme Court\u27s constitutional interpretations, should resolve
Barron, David
core   +1 more source

Scope and limits of judicialisation of the constitutional right to health in South Africa: an appraisal of key cases with particular reference to justiciability

open access: yesRevista de Direito Sanitário, 2013
Section 27 of the South African Constitution guarantees everyone a right of access to healthcare services, including reproductive healthcare. This paper discusses how domestic courts have interpreted and applied section 27.
NGWENA, Charles
doaj   +1 more source

Rethinking Constitutionality in Education Rights Cases [PDF]

open access: yes, 2020
Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching
Weishart, Joshua E.
core   +2 more sources

Silence at a Price? Judicial Questionnaires and the Independence of Alaska’s Judiciary [PDF]

open access: yes, 2008
The real estate industry is facing a major change. The activity based working is promoted heavily by real estate companies, brokers and consultants as the future workplace. Knowledge and information is however limited.
Taylor, Kelly
core   +2 more sources

THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT’S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER

open access: yesColumbia Journal of Race and Law
This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons.
Simona Grossi
doaj   +1 more source

The Prohibition of Torture from a Human Rights Perspective: Fiction or Reality in the Current Rule of Law

open access: yesAge of Human Rights Journal, 2023
This article discusses the problem of torture in Mexico and its impact on the legitimacy of the State and the protection of human rights. Despite the normative advances in the configuration of the notion of torture, there are problems of effectiveness ...
Geofredo Angulo López
doaj  

Whatever [PDF]

open access: yes, 2012
The author cannot say that she disagrees with any of the analytical observations made by her co-contributors to this roundtable discussion of Fisher v. University of Texas at Austin.
Spann, Girardeau A.
core   +1 more source

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