Results 61 to 70 of about 105,784 (152)

Estado de coisas inconstitucional: um estudo sobre os casos colombiano e brasileiro / Unconstitutional state of affairs: a study of colombian and brazilian cases

open access: yes, 2016
Trabalho enviado em 05 d e outubro de 2015. Aceito em 19 de novembro de 2015.DOI: 10.12957/rqi.2015.20941ResumoO presente trabalho tem como objetivo, a partir de um estudo comparado entre o Direito Brasileiro e o Colombiano, analisar o fenômeno do estado de coisas inconstitucional, e a fragilidade dos Direitos Fundamentais socioeconômicos.
Santos, Helena Maria Pereira dos   +3 more
openaire   +1 more source

Unconstitutional State of Affairs: from its foundation to its unstable application in the Habeas Corpus of the Court of Justice of Mato Grosso do Sul

open access: yesVertentes do Direito
This article aims to examine the underpinnings and origin of the  Unconstitutional State of Affairs, and how this institute has been applied in Habeas Corpus cases by the Court of Justice of Mato Grosso do Sul. This study has as its object to evaluate the historical facts of the Unconstitutional State of Affairs, mainly observing the experience of
Marques, Vitoria Cazarim   +1 more
openaire   +1 more source

Treaty Exit and Intra-Branch Conflict at the Interface of International and Domestic Law [PDF]

open access: yes, 2018
This chapter, forthcoming in the Oxford Handbook of Comparative Foreign Relations Law, considers two important and unresolved issues raised by unilateral withdrawal from or denunciation of treaties. The first issue concerns whether treaty obligations end
Helfer, Laurence R..
core   +1 more source

Constitutional Law: Resolving Conflict Between the Right to Travel and Implementation of Foreign Policy [PDF]

open access: yes, 1966
The Supreme Court upheld an areal restriction on travel to Cuba when the passport applicant\u27s purpose was to gather information. The Court pursued a due process inquiry and held the first amendment inapposite in this situation.

core   +1 more source

JURIDICAL RIVER OR SUMMER WAVE (?): THE UNCONSTITUTIONAL STATE OF AFFAIRS IN THE PERSPECTIVE OF NEOCONSTITUTIONALISM

open access: yes, 2017
The Unconstitutional State of Affairs began to be discussed in the Federal Supreme Court as a way of giving greater efficiency to the Brazilian prison system. Some jurists defend its applicability as a way to remove from the inertia the legislative and executive powers that, doing nothing, worsen the calamitous penitentiary system.
openaire   +1 more source

Keep Tinkering: The Optimist and the Death Penalty [PDF]

open access: yes, 2017
When it comes to capital punishment, it may make sense to be a little bit defeatist. Like abortion, the death penalty is a topic about which you have to presume that you are never going to change anyone else’s mind. Whether the other person views it as a
Rozelle, Susan D.
core   +2 more sources

End-of-life in the operational functioning of public healthcare: ethical and legal issues. [PDF]

open access: yesActa Biomed, 2023
Basile G   +6 more
europepmc   +1 more source

Fourth Amendment Accommodations: (UN)Compelling Public Needs, Balancing Acts, and the Fiction of Consent [PDF]

open access: yes, 1997
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems.
Charles, Guy-Uriel
core   +2 more sources

How a Court Becomes Supreme: Defending the Constitution from Unconstitutional Amendments [PDF]

open access: yes, 2017
High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be ...
Albert, Richard
core   +1 more source

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