Results 111 to 120 of about 31,619 (287)

Mobilising Judicial Voices: How and Why National Courts Express Their Opinions in the Preliminary Reference Procedure – A Case Study of Czechia

JCMS: Journal of Common Market Studies, EarlyView.
Abstract This article interrogates the national courts' pre‐emptive opinions expressed in the Article 267 of the Treaty on the Functioning of the European Union preliminary reference procedure from both theoretical and analytical angles. First, we theorise about the variety of factors influencing national courts' decision to supply the Court of Justice
Marek Pivoda, Filip Vlček
wiley   +1 more source

Iudex Calculat: The ECJ's Quest for Power

Judicial Independence is a crucial aspect of the rule of law and the concept of separation of powers. It gives judges considerable leeway in interpreting and thereby modifying the constitution.
Stefan Voigt
core  

The Constitutional Status of the Supreme Court of Canada

, 2009
The Supreme Court of Canada was established in 1875 by a statute of Parliament that was enacted pursuant to its legislative authority, under section 101 of the Constitution Act,1867, to provide for the constitution, maintenance and organization of a ...
Newman, Warren J.
core   +1 more source

Sentencing in the Shadow of Promotion: The Impacts of Circuit Court Nomination on Federal Judges

Journal of Empirical Legal Studies, EarlyView.
ABSTRACT Judges seek to maximize their own utility, like everyone else. Their goals include job security and promotion. Federal judges lack the electoral incentives that often drive state judges, but they could audition for promotion. I test whether they audition for promotion in their criminal sentencing.
Nicholas Goldrosen
wiley   +1 more source

[Agenda. Supreme Court Advisory Committee Meeting, October 21-22, 2011.]

, 2011
Discussed Parental Rights termination cases (HB 906), cases requiring additional resources (HB 79), security details (HB 1), and constitutional challenges to statutes (HB 2425)
Supreme Court Advisory Committee
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Ideology and Agenda Setting in the High Court of Australia

Journal of Empirical Legal Studies, EarlyView.
ABSTRACT Does judicial ideology affect the process of agenda‐setting in the High Court of Australia? Applications for “special leave” to appeal are the primary method through which the High Court manages its caseload, analogous to certiorari at the U.S. Supreme Court.
Pat Leslie, Tonja Jacobi, Zoe Robinson, Russell Smyth   +3 more
wiley   +1 more source

Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, McClosky: The American Supreme Court

, 1961
A Review of Constitutional Politics. By Glendon A. Schubert., The Supreme Court. By John R. Schmidhauser., and The American Supreme Court.
Kauper, Paul G.
core   +1 more source

From Social Justice to Indigenous Peoples' Rights: Continuities and (Re)framings in Ejido Property Claims in Yucatán, Mexico

Journal of Agrarian Change, EarlyView.
ABSTRACT This article examines how long‐standing local conflicts concerning the nature of common property, the distribution of access and administrative rights associated with it, and more broadly the nature of the community and the forms of citizenship that organise its governance shape demands for justice regarding land transfers to outside investors
Eric Léonard, Kelly Redouté, María Gabriela Durán Valis   +2 more
wiley   +1 more source

The Development and Spread of Different Types of Constitutional Courts

Journal on European History of Law
In international comparison, two basic constitutional models are recognized. In one model, traditional courts – headed by the Supreme Court – compare individual legal norms with constitutional standards, and ultimately overturn any conflicting statues ...
Csaba Cservák
doaj   +2 more sources

Proportionality in tax disputes: Lithuanian Court practice

Through detailed consideration of relevant European Court of Justice and European Court of Human Rights case law, the author examines the principle of proportionality in European Union law and ways in which is is applicable to the settlement of tax law ...
Audzevicius, Ramunas
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