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Diffuse Constitutionality Review in Germany
2020Abstract This contribution analyses the cases in which ordinary German judges have annulled statutes for being unconstitutional and thus exercise what is also known as ‘diffuse constitutionality review’. In the past, this used to be the case under the Weimar Constitution and in West Berlin. However, what is less known is that even today,
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Dialogic constitutionalism and judicial review
Global Constitutionalism, 2020AbstractIn A Cosmopolitan Legal Order: Kant, Constitutional Justice and the European Convention on Human Rights, Alec Stone Sweet and Clare Ryan reconstruct Kant’s legal philosophy as a program of cosmopolitan legal order (CLO). A CLO is defined as a multi-level, judicialized, transnational system of rights protection that confers on all persons, by ...
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Environmental Constitutionalism in India: A Review
Ecology, Environment and ConservationEnvironmental constitutionalism in India revolves around the protection and enhancement of the environment through constitutional provisions, which include rights and duties of both the State and its citizens. Environmental constitutionalism in India is a multifaceted framework encompassing the protection and enhancement of the environment through ...
Parismita Bhagawati, Paramita Dey
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Constitutionalism, Regulation and Review
1999Abstract This chapter examines certain legal doctrines which are of central importance for the nature of our constitutional ordering. There is a wealth of relevant material and limits of space have meant that choices have had to be made. The ensuing discussion focuses on three issues which are undoubtedly of significance to the book’s
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The Proportionality Principle as a Reviewing Standard of Constitutionality
National Public Law Review, 2023The Prohibition of Excessive Restriction or the Proportionality Principle (hereafter as “the Proportionality”) in a broad sense refers to the basic principle or the limitation of legislative activities that the state should abide by in carrying out when it makes laws that restrict the citizens’ basic rights.
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The new Latin American constitutionalism: a critical review in the context of neo-constitutionalism
Canadian Journal of Latin American and Caribbean Studies / Revue canadienne des études latino-américaines et caraïbes, 2018The new Latin American constitutionalism (NLC) is the term that has been coined to refer to certain constitutional processes and constitutional reforms that have taken place relatively recently in ...
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CONSTITUTIONALISM IN INDIA: LITERATURE REVIEW
<span> <p><span>Constitutionalism in India is a multifaceted doctrine that transcends the mere existence of a written document to encompass a profound commitment to the rule of law, limited government, and social justice. While a constitution outlines the framework of governance, constitutionalism represents the spirit and values ...openaire +1 more source
State Constitutionalism and the Scope of Judicial Review
2010This essay, written as a chapter for a forthcoming book on New Frontiers of State Constitutional Law, explores the question of whether and to what extent the scope of judicial review in state courts ought to track our views of state constitutionalism writ large.
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