Constitutional Review (in Turkey)
Assessing the Constitutionality of Legislation: Constitutional Review in Taiwan’s Legislative Yuan
... their constitutional review scrutiny already operates at acceptable levels or perhaps they feel that constitutional review does not form part of their ...the constitutional and ...
32
Kelsen in Paris: France’s constitutional reform and the introduction of a posteriori constitutional review of legislation
... posteriori constitutional review will shape the life of the Fifth Republic in the years to ...of constitutional adjudication means breaking with the ‘Jacobinian’ constitutional tradition that ...
16
Toward a Constitutional Review of the Poison Pill
... a Constitutional Review of the Poison Pill, Harvard Law ...edu/corpgov/2014/03/13/a-response-to-bebchuk-and-jacksons-toward-a- constitutional-review-of-the-poison-pill/ [hereinafter Wachtell ...
44
Changing Tides: The Rise (and Fall?) of Judicial Constitutional Review in The Netherlands
... with constitutional review in many jurisdictions operating a Kelsenian constitutional court, one of – what the Germans call – ‘Geltungsvorrang’, but one of ‘Anwendungsvorrang’: the law remains valid ...
16
Genesis, evolution and functions of constitutional review (issues of constitutional control in comparative and bulgarian prospective)
... of constitutional review has been interpreted to be a pure intellectual exercise of judges and professors rather than as being an outcome of the essential features of Anglo American ( Anglo Saxon) and civil ...
6
The courts, devolution and constitutional review
... of constitutional review in the devolved context, focusing on the experience in ...of constitutional review put in place by the Scotland Act 1998; second, we explore the operation of these ...
28
The courts, devolution and constitutional review
... parliamentary review in two ...of constitutional boundaries against which these assessments must be ...rights review, the Scotland Act requires parliamentary constitutional review in a ...
27
Prohibition of Retrogression : Effectiveness of Social Rights in the Finnish System of Constitutional Review
... issues in the judgement, as it found that the question of compensation should be addressed by the Insurance Court and only after individuals had received concrete decisions on the amount of their pension. 231 The case at ...
81
Comparison to Criminal Sanctions in the Constitutional Review of Punitive Damages
... 96. See, e.g., Mathias v. Accor Econ. Lodging, Inc., 347 F.3d 672, 678 (7th Cir. 2003) (discussing possible regulatory and criminal penalties for the defendant’s misconduct, including imprisonment, and commenting that ...
23
The Existence of Final and Binding Ruling by the Constitutional Court in Constitutional Review
... The Constitutional Court’ ruling will bring legal consequences which are not only about individuals or applicants, but also other people including state institutions, this will be felt when reviewing the law ...
7
A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court
... of constitutional review in the Constitutional Court is the most frequent legal remedy used by justice seekers to protect their fundamental ...the Constitutional Court. However, ...
26
National constitutional courts in the European constitutional democracy
... the constitutional reform which was completed the same year with the explicit aim of putting the French Conseil constitutionnel at the centre of constitutional ...to review the compatibility of ...
19
A Review of Constitutional Provisions of Human Rights in Indian Constitution
... international law, global and regional institutions. The idea of human rights suggests that if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights. ...
8
Constitutional Handcuffs
... a constitutional provision for only an abbreviated period of time – serves the purpose of breathing new values into citizens, fully consistent with what constitutional entrenchers hope will transpire when a ...
14
Constitutional patriotism
... requirements. Constitutional patriotism assumes that free-thinking individuals who, in good faith, are involved in a discussion over the common good will form an agreement over some aspects of good communal ...
9
Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative
... judicial review contemplated by originalist theory was to confine the interpretive options open to modern judges to the understandings of those alive at the time of the framing and ratification of the relevant ...
54
The Constitutional Framework
... The Supreme Court has never ruled on the constitutionality of courses in religion, though lower courts have approved both elective and required religion courses when conducted in accord with the Supreme Court’s ruling in ...
9
The Hungarian Constitutional Court’s Place in the Constitutional System of Hungary
... the Constitutional Court: “the Court en- croached on the whole political process, and in many cases it determined the course of the process, therefore they forced the whole society, the political class, the ...
20
Constitutional Venue
... In 2011, the Court once again waded into these waters with two decisions on personal jurisdiction. 130 One of those decisions, J. McIntyre Machinery, Ltd. v. Nicastro, brought the Court’s focus back to the nature of the ...
63
Constitutional Privileging
... 52 See id. at 500–02. 53 Federal habeas corpus law reveals other examples of constitutional privileging. Some circuits, for instance, have suggested that the cause-and-prejudice standard does not govern procedural ...
71