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Considering the constitutionality of South Africa’s anti-gang legislation in light of the principle of legality

South African Journal on Human Rights, 2020
The essence of the principle of legality is to constrain governmental, legislative and judicial power, and protect citizens from the arbitrary exercise of these powers.
Delano Cole Van Der Linde
exaly   +2 more sources

Through which glass darkly? Constitutional principle in legality and constitutionality review

Common Law World Review, 2020
In recent years, the Supreme Courts of Canada and the United Kingdom have decided very similar cases on the permissibility of high fees for access to adjudication. The outcomes of the cases were similar: the fees were struck down. In the Canadian case, they were held to infringe s 96 of the Constitution Act, 1867; in the United Kingdom, they were said ...
exaly   +2 more sources

The principle of constitutionality and legality and the interrelationship between the Republic and Federal constitutional systems under the 1963 constitution of the SFRY

Arhiv za pravne i društvene nauke
The 1963 Constitution of the Socialist Federal Republic of Yugoslavia (hereinafter: SFRY) accepted and regulated a considerable number of new solutions aimed at implementing ideas, values and goals of a self-governing socialist society. One of these novelties is expressed through the content of the principle of constitutionality and legality of legal ...
exaly   +2 more sources

Principles of National Constitutionalism limiting Individual Claims in Human Rights Law

ICL Journal, 2013
Abstract The scope of the fundamental right to freedom of religion has been broadly dis­cussed in recent jurisprudence and doctrine. Doctrine has however paid little attention to the role of constitutionalism and its principles such as this of the separation of church and state and the division of power.
De Hert, Paul, Somers, Stefan
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Digital Constitutionalism: Evolution of Legal Principles in the Context of Digitalization of Modern Society

Общество: политика, экономика, право
The current stage of society’s development is marked by the rapid introduction of digital technologies, which have a systemic impact on all spheres of public authority and constitutional law and order. In these circum-stances, there is a need to understand new forms of constitutionalism that reflect the challenges of the digital age.
Vitaly V. Goncharov   +2 more
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THE IMPACT OF THE PRINCIPLES OF LEGAL REGULATION OF PARTY RELATIONS ON THE CONSTITUTIONALIZATION OF RUSSIAN POLITICAL PARTIES

Lomonosov Law Journal
The theme of constitutionalization of political parties has been poorly studied in Russian legal science and requires consistent analysis. One of the factors that predetermines the vector of constitutionalization is the principles of legal regulation. Using the example of the Russian institution of political parties, the features of the development of ...
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No limiting principle: the authoritarian statism underlying South Africa’s legal discourse of “transformative constitutionalism”

Tydskrif vir die Suid-Afrikaanse Reg
Sogenaamde “transformatiewe konstitusionalisme” (eerder, transformatisme) is die ideologiese grondslag van Suid-Afrika se hedendaagse toonaangewende regsdiskoers. Dit streef na sogenaamde substantiewe gelykheid in alle wesenlike velde van die samelewing en meen dat hierdie oënskynlike ideaal nie organies tot stand gaan kom nie. Wetgewende- en juridiese
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