Relevant bibliographies by topics / Acts of the constitutional court

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Acts of the constitutional court'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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Journal articles on the topic "Acts of the constitutional court"

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Savoskin, Alexandr V., Vitali V. Kuriatnikov, and Veronika A. Meshcheryagina. "Prospects for normative control in the subjects of the Russian Federation after the 2020 amendments to the Constitution of the Russian Federation." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 4 (2022): 113–30. http://dx.doi.org/10.21684/2411-7897-2022-8-4-113-130.

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Prior to the amendments to the Constitution of the Russian Federation in 2020, three types of courts could carry out normative control in the constituent entities of the Russian Federation: the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation and courts of general jurisdiction. Amendments to the Constitution of the Russian Federation led to amendments to the Federal Constitutional Law “On the Judicial System of the Russian Federation”. The constitutional (statutory) courts of the constituent entities of the Ru
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Kovalchuk, Olena. "Authority of the constitutional court of Ukraine: ways of improvement." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (2023): 259–65. http://dx.doi.org/10.23939/law2023.39.259.

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Annotation. The article examines the problems of regulatory regulation of the powers of the Constitutional Court of Ukraine at the level of the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine", the question of the adequacy of the scope of the powers of the Constitutional Court of Ukraine and the possibility of their improvement through a significant expansion in order to qualitatively ensure the performance of the function of protecting the Constitution of Ukraine. The foreign experience regarding the peculiarities of the powers of the constitutional coun
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Mocherad, Anna. "Decision of the Constitutional Court of Ukraine as interpretation legal acts." Visegrad Journal on Human Rights, no. 6 (March 14, 2024): 133–45. http://dx.doi.org/10.61345/1339-7915.2023.6.22.

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The article examines the legal nature of decisions of the Constitutional Court of Ukraine as interpretative legal acts. It is noted that constitutional law-making is a special form (variety) of law-making, which has a multi-level and multi-aspect nature, which is determined by its special nature, essence and functional purpose. Constitutional law-making is a special activity of competent law-making subjects, which is carried out in a special procedural order and is aimed at adopting, changing and canceling the norms of the Basic Law of the state and constitutional acts of law-making. The speci
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Zhanuzakova, Leila Telmanovna, Bakhytzhan Zhursunovich Kuandykov, and Yernar Adam. "ON CONSIDERATION OF REGULATORY LEGAL ACTS FOR COMPLIANCE WITH THE CONSTITUTION AND LAWS IN THE CONSTITUTIONAL AND ADMINISTRATIVE COURTS." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 1 (2025): 26–37. https://doi.org/10.52026/2788-5291_2025_80_1_26.

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The article is devoted to one of the current problems of the general theory of law, constitutional law, administrative process - disputes about verification of compliance with the constitution and laws of regulatory legal acts in constitutional and administrative courts. The paper examines theoretical approaches to this problem, that exist in domestic and foreign scientific legal literature, conducts a critical analysis of the norms of the Constitution of the Republic of Kazakhstan, national legislation on constitutional, administrative and civil proceedings and the practice of its application
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Ghambaryan, Artur. "Contra constitutionem law development by the Parliament of Armenia." Sravnitel noe konstitucionnoe obozrenie 31, no. 4 (2022): 129–53. https://doi.org/10.21128/1812-7126-2022-4-129-153.

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The purpose of the article is to reveal the essence of contra constitutionem law development by the Armenian parliament in the context of its conflict with the Constitutional Court concerning the 2020 constitutional amendments. The objectives of the article are to present the concept and conditions for the justification of the contra constitutionem behavior of the parliament, to assess the need for its behavior contra constitutionem based on an urgent need for ensuring state-protective constitutional principles, and to discuss issues arising from the legal principle nemo iudex in sua causa as
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Salia, H. Erli. "Peran Mahkamah Konstitusi Dalam Mewujudkan Negara Hukum Yang Demokratis." DiH: Jurnal Ilmu Hukum 13, no. 25 (2017): 28. http://dx.doi.org/10.30996/dih.v13i25.1546.

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The Constitutional Court is the state agency that was born after the reform in 1999. Through the changes to the Constitution of 1945, the Constitutional Court is authorized to examine laws (acts) against the Constitution. In addition there are other powers to protect the fundamental rights relating to the constitutional rights of citizens. As a state agency has the authority of the Constitutional Court, among others, as the supreme interpreter of the constitution in addition to realizing the democratic government, the Constitutional Court to act as the guardian of democracy, protection of cons
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Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods.
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Romtsiv, O. I. "Problems of implementation of decisions of the Constitutional Court of Ukraine." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 97–102. http://dx.doi.org/10.24144/2788-6018.2022.05.18.

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One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation o
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Romtsiv, Olena. "Decisions of the constitutional court of Ukraine: problems of implementation." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 412–18. http://dx.doi.org/10.23939/law2023.40.412.

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One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation o
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Taraban, Nikolay A. "The Establishment of the Phenomenon of Constitutional Cassation in the National Constitutional Judicial Procedure." Russian judge 10 (October 8, 2020): 51–55. http://dx.doi.org/10.18572/1812-3791-2020-10-51-55.

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The article explores the phenomenon of ‘constitutional cassation’ in the transformation of domestic constitutional proceedings. By ‘constitutional cassation’ is meant the assessment by the Constitutional Court of the Russian Federation of the correct interpretation of laws and other legal acts in their constitutional sense in resolving specific cases, without recognizing the laws themselves as unconstitutional. The author notes that the Constitutional Court of the Russian Federation, pursuing constitutionally significant goals to protect the supremacy of the Constitution of the Russian Federat
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Dissertations / Theses on the topic "Acts of the constitutional court"

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Letteau, Gabrielle Tracey. "A court without resort? comparative aspects of the "Act of State" doctrine : traditional limitations on the judiciary's power of review, and its implications for Hong Kong's court of final appeals /." Click to view the E-thesis via HKUTO, 1996. http://sunzi.lib.hku.hk/HKUTO/record/B38627826.

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Gloppen, Siri. "South African constitutionalism 1994 - 2000 : the difficult balancing act of the constitutional court /." Bergen : Dept. of Comparative Politics, Univ. of Bergen, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/332078787.pdf.

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Gramlich, Ludwig. "Diplomatic Protection Against Acts of Intergovernmental Organs." Universitätsbibliothek Chemnitz, 2008. http://nbn-resolving.de/urn:nbn:de:bsz:ch1-200801874.

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Das herkömmliche völkerrechtliche Institut des diplomatischen Schutzes ist im Verhältnis zwischen Staaten (als originären Völkerrechtssubjekten) entstanden. Aber auch intergouvernmentale Organisationen sind in der Lage, Maßnahmen mit unmittelbarer Rechtswirkung gegenüber Einzelpersonen zu treffen, so daß auch hier die Frage aufzuwerfen ist, wann und mit welchen Mitteln der jeweilige Heimatstaat die (Grund-)Rechte seiner Staatsangehörigen gegenüber einer solchen Organisation geltend machen kann.
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Diala, Anthony Chima. "Judicial activism in South Afica's Constitutional Court : minority protection or judicial illegitimacy?" Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5322.

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This study examines the effect of judicial protection of minority rights on the Constitutional Court’s legitimacy. The framing of the Marriage Act shows that Parliament intended marriage to be between a man and a woman. By nullifying section 30(1) of the Act and making the order above, the Court fulfilled its constitutional mandate of upholding fundamental human rights. At the same time, it negated the intention of Parliament which represents majoritarian interests. The Constitutional Court is, in contra-distinction with Parliament, unelected. By voiding section 30(1) of the Marriage Act and a
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Aubertin, Julie. "La délimitation des frontières entre les domaines administratif et politique en droit public français." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20013.

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Paradigme de la pensée juridique française, la distinction entre les domaines administratif et politique est devenue confuse en raison du renforcement de l’Etat de droit et des approfondissements de la décentralisation. Alors que l’Etat apparaît comme une entité politique avec une dimension administrative, les collectivités territoriales constituent des entités administratives dont la dimension politique n’est pas reconnue par la conception traditionnelle de la décentralisation. Pourtant, en distinguant de façon théorique les organes administratifs des organes politiques, les organes locaux ta
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Letteau, Gabrielle Tracey. "A court without resort?: comparative aspects of the "Act of State" doctrine : traditional limitations on thejudiciary's power of review, and its implications for Hong Kong'scourt of final appeals." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B38627826.

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Beckett, Elizabeth Jean. "THE POLICY AND CONSTITUTIONAL IMPLICATIONS OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/578.

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In June 2012, the Supreme Court of the United States decided the fate of the Patient Protection and Affordable Care Act in a case called National Federation of Independent Business v. Sebelius. While initially the decision seemed favorable to supporters of the bill, Chief Justice Roberts’ majority opinion could likely render the bill ineffective in implementation and it creates more Constitutionally confusing precedent than it resolves. Among the questions that now rise to the surface are: will Congress be able to raise the tax to a level where it will become effective? What is now mandatory f
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Medling, Nicholas. "The Individual Mandate, Commerce Clause, and Supreme Court: Predicting the Court's Ruling in HHS v. Florida." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/345.

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An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justic
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Birenbaum, Jordan Daniel. "“Parliamentary sovereignty rests with the courts:” The Constitutional Foundations of J. G. Diefenbaker’s Canadian Bill of Rights." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20672.

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The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judici
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Raščiukevičius, Osvaldas. "Teisės akto, kuriuo pagrįstas teismo sprendimas, pripažinimas antikonstituciniu kaip pagrindas atnaujinti civilinį procesą." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140614_152734-18729.

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Civilinio proceso atnaujinimas yra išimtinė procesinė priemonė, padedanti užtikrinti žmogaus teisę į teismą. Jo tikslas yra pašalinti galimai neteisėtą teismo sprendimą, taip įvykdant teisingumą ir išvengiant tokio sprendimo pasekmių. Tačiau pažvelgus į LR Civilinio proceso kodeksą, matome, jog Lietuvoje nėra įtvirtinta galimybė atnaujinti procesą, kuomet LR Konstitucinis Teismas pripažįsta teisės aktą, kuriuo teismas rėmėsi priimdamas sprendimą civilinėje byloje, prieštaraujančiu LR Konstitucijai. Suformuota LR teismų praktika draudžia proceso atnaujinimą civilinėse bylose šiuo pagrindu, kada
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Books on the topic "Acts of the constitutional court"

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India. The Constitution of India: As amended upto Seventy Ninth Amendment Act, 1999 alongwith all the amendments from first amendment to seventy-ninth amendment acts separately with statement of objects and reasons and pending constitutional amendment bills in Parliament alongwith exhaustive case law of Supreme Court & High Courts and subject index and table of cases. Orient Law House, 2000.

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Kraayvanger, Jan. Der Begriff der verfassungsrechtlichen Streitigkeit im Sinne des [Paragraphes] 40 Abs. 1 Satz 1 VwGO. Duncker & Humblot, 2004.

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Sierra, Francisco Gómez. Procedimiento administrativo y constitucional. Editorial Leyer, 1995.

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Mazīnī, ʻAbd Allāh Muḥammad. al-Raqābah al-qaḍāʼīyah ʻalá dustūrīyah al-lawāʼiḥ: Dirāsah muqāranah : al-Baḥrayn, Miṣr, al-Kuwayt, Faransā. Būrṣat al-Kutub, 2020.

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Ulloa, Jorge Eduardo Londoño. III seminario internacional: Sociedad civil, justicia constitucional y administrativa. Instituto de Derecho Comparado, 2000.

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(Lahore), Pakistan High Court. Judgment of Lahore High Court, Lahore in writ petition no. 6228/90: Khawaja Ahmed Tariq Rahim vs Federation of Pakistan. Directorate of Films & Publications, Ministry of Information & Broadcasting, Govt. of Pakistan, 1991.

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Blagojević, Milan. Ustavnost i zakonitost u upravnom sporu u Republici Srpskoj. Univerzitet za poslovni inženjering i menadžment Banja Luka, 2014.

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Forsyth, C. F. Effective judicial review: A cornerstone of good governance. Oxford University Press, 2010.

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F, Forsyth C., ed. Effective judicial review: A cornerstone of good governance. Oxford University Press, 2010.

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Muṭayr, Wurūd Laftah. Dawr al-Maḥkamah al-Idārīyah al-ʻUlyā fī tawḥīd al-mabādiʼ al-qānūnīyah fī al-ʻIrāq: Dirāsah muqāranah. al-Markaz al-ʻArabī lil-Nashr wa-al-Tawzīʻ, 2021.

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Book chapters on the topic "Acts of the constitutional court"

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Chybalski, Piotr. "The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives 1." In Constitutionality of Law without a Constitutional Court. Routledge, 2023. http://dx.doi.org/10.4324/9781003355793-5.

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Tomuschat, Christian. "The Illusion of Perfect Justice." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_3.

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AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be su
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Bonelli, Matteo. "Intermezzo in the Rule of Law Play: The Court of Justice’s LM Case." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_19.

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AbstractIn the LM case, the CJEU was called to decide on whether systemic rule of law deficiencies in Poland could lead to the suspension of EU cooperation based on mutual trust, in particular under the European Arrest Warrant system. Building on its earlier decision in Aranyosi, the Court concluded that EAWs may be suspended only after the executing authority conducts a general analysis of the situation in the country concerned and an individual assessment of the specific situation of the applicant. For some, the decision was a disappointing one, as the Court failed to take a clear stance on
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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.

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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption
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Tams, Christian J. "A Dangerous Last Line of Defence: Or, A Roman Court Goes Lutheran." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_13.

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AbstractThe chapter addresses questions of international law implicated by Sentenza 238/2014. It begins by revisiting the longstanding debate about state immunity and its limits, arguing that notwithstanding decades of discussion, a ‘grave breaches’ exception has never had more than marginal support in positive international law. Against that background, it comes as no surprise that the Italian Constitutional Court (ItCC), in Judgment 238/2014, did not assert the existence of a grave breaches exception as a matter of international law. Instead, the ItCC relied on what might be termed a ‘foreig
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Douhaire, Caroline. "The Climate Decision of the German Constitutional Court and Its Implications on Soil Management." In International Yearbook of Soil Law and Policy 2022. Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-40609-6_2.

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AbstractOn 24 March 2021, Germany’s highest court found the German Climate Change Act to be partly unconstitutional because it did not sufficiently mitigate the burden put on the future exercise of freedom rights by the emissions allowed until 2030. The ruling represents a milestone for climate protection in Germany and also deserves attention beyond Germany’s borders. In this ruling, the Constitutional Court sets a strong signal for more climate change, making clear that the protection of the climate is a constitutional obligation. Because of the close interactions between soil and climate ch
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Myers, Megan Jeanette. "Writing “In Transit”: Literary Constructions of Sovereignty in Julia Alvarez’s Afterlife." In Chronotropics. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-32111-5_7.

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AbstractThe 2013 Tribunal Court ruling (TC-0168-13), known in the Dominican Republic simply as la sentencia, effectively stripped the citizenship of an approximate 200,000 Dominicans of Haitian descent. The ruling, from the Dominican Republic’s highest court, reinterpreted the constitutional use of the word “in transit” to claim that the term describes the descendants of any undocumented residents in the country, thus thrusting these individuals into statelessness. This chapter focuses on an analysis of Dominican American Julia Alvarez’s Afterlife (2020), examining how the novel reinterprets a
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Keshavmurthy, Prashant. "Profanations." In Rumba under Fire. punctum books, 2016. https://doi.org/10.21983/p3.0134.1.14.

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In December 2013 a judge of the Indian Supreme Court recriminalized homosexuality under Section 377 of the Indian Penal Code by overturning the Delhi High Court’s earlier decriminalization of it. The Supreme Court judgment declined to even engage the constitutional reasoning adduced by the Delhi High Court when it “read down” 377 “in order to decriminalize private, adult, consensual sexual acts.”3This reasoning argued that 377 infringed Article 14 of the Constitution, “which deals with the fundamental right to equality” and “Article 15, which deals with the fundamental right to nondiscriminati
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"TABLE OF LEGAL ACTS CITED." In Decisions of the Federal Constitutional Court. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748930006-5.

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Lenaerts, Koen, Piet Van Nuffel, and Tim Corthaut. "Union Law and its Effects in the National Legal Systems." In EU Constitutional Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0023.

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This chapter evaluates 'Union law', which consists of the rules enshrined in the Treaties and acts adopted pursuant thereto, as applied and interpreted by the national courts and the Court of Justice. Depending on the origin of the provisions, a distinction may be made between constitutive norms which come into being as a result of action on the part of the Member States themselves (primary Union law), rules created by Union institutions and bodies (secondary or 'derived' Union law), and other rules which have been accepted by case law as being general principles of the Union's legal order. Se
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Conference papers on the topic "Acts of the constitutional court"

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Rozenfelds, Jānis. "Īpašuma aizsardzība Satversmē." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.03.

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Constitution of Latvia of 1922 consisted of 88 articles. Chapter VIII of the Constitution addressing human rights’ protection became a part of the Constitution only in 1997. Article 105 provides that everyone has the right to own property. Article 105 of Constitution corresponds with the contents of the paragraph 1 of the First Protocol to the European Convention of Human Rights. Protection of the right to ownership as provided by the Constitution is carried out by the Constitutional Court of Latvia. The latter was established in 1996. The current report is based on the analysis of a significa
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Balabanova, Hristina. "TO THE CONDITION OF LEGALITY IN ESSENCE OF ADMINISTRATIVE ACTS." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.56.

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The conditions for the legality of administrative acts have always occupied an important place in the scientific works of scientists. This is a fundamental issue important not only for substantive law but also for the administrative process. In the practice of the Supreme Administrative Court, the question arises as to when the legality of the act is assessed, whether under the current law at the time of its issuance or under the current law at the time of consideration of the case. This caused a question before the Constitutional Court as the current study gives the author's version set out i
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Poalelungi jr., Mihai. "Ultra vires acts and the court of justice of the European Union exceeding its jurisdiction in the light of cases Junk V. Kühnel and Mangol V. Helm." In Consolidarea rezilienței sociale prin valorificarea capitalului uman în contextul aderării Republicii Moldova și Ucrainei la Uniunea Europeană. Moldova State University, 2024. https://doi.org/10.59295/crs2024.41.

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The subject of the scientific research are the ultra vires acts of the Court of Justice of the European Union analyzed from the perspective of the Republic of Moldova in connection with its submission of the application for accession to the European Union. National legal preparation tends to maintain a vigilance both in temporal and in the light of jurisdictional actuality. Thus, the confrontations of the Court of Justice of the European Union with that of the Constitutional Court of the Federal Republic of Germany, whose magistrates are considered modern titans of European courts, are analyze
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Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18304.

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The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the applic
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Pleps, Jānis. "Konstitūcijas tiešas piemērojamības princips." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.31.

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The direct application of the Constitution is the very essence of the concept of the Constitution in the Western legal tradition. The Constitution is a real and enforceable legal act with the highest legal force, which is binding for everyone in the legal system. The principle of the direct application of the Constitution is reflected in the Central and Eastern Europe after the collapse of socialistic and Soviet regimes. Here, it was necessary to even formulate it as a written constitutional provision for ensuring of supremacy of the Constitution and rule of law. In case of Latvia, the direct
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Dobrovičová, Gabriela. "Platnosť právnych predpisov v kontexte judikatúry Ústavného súdu Slovenskej republiky." In Metamorfózy práva ve střední Evropě 2024. University of West Bohemia, Czech Republic, 2024. https://doi.org/10.24132/zcu.metamorfozy.2024.150-162.

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This paper addresses selected findings of the Constitutional Court of the Slovak Republic that relate to the topic of validity of law as an attribute for the existence of law. It aims at the analysis of decisions that reflect the change in the ruling of the Constitutional Court regarding its jurisprudence on the validity and effectiveness of legal regulations. It presents critical thoughts about the acceptance of duplicity in the publication process of legal regulations issued by the bodies of the state administration and challenges it as a legal condition for the validity of these legal regul
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Özkan, Gürsel. "Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02371.

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In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied.
 EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. 
 Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application
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Dimitrova, Tanya. "APPEALS BEFORE THE JUDGE IN THE CONSTITUTION OF THE PARTIES IN COURT PROCEEDINGS IN CONFLICT OF ACTS UNDER THE ZONING ACT." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.257.

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The paper reviews some of the main provisions in the legal regulation and its changes over time in relation to the challenge of some of the acts under the Law on Spatial Planning (LZP) and its impact on the court's discretion in constituting the parties in the court proceedings. The subsidiary application of the Administrative Procedure Code (APC) in proceedings under the Planning Act in relation to a general to a special law is examined. The importance of the sources of information for the specific parties in the court proceedings challenging the various acts on spatial planning is highlighte
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Mach, Ondřej. "Změna pohlaví v kontextu pracovního práva." In Naděje právní vědy 2023. University of West Bohemia, Czech Republic, 2024. http://dx.doi.org/10.24132/zcu.nadeje.2023.397-408.

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The Gender reassingnment is practically defined primarily at the level of human rights, as evidenced by the jurisprudence of the Constitutional Court of the Czech Republic and the European Court of Human Rights. However, this law‘s institute also extends into other legal fields, including labor law. Within it, it is acceptable for employees to be divided according to gender. However, § 16 of Act No. 262/2006 Coll., the Labor Code, as amended, must not be violated. Apart from expressly defined reasons, especially in Article 26 of the resolution of the Presidium of the Czech National Council No.
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Novaković, Milan. "IZAZOVI LOKALNOG OMBUDSMANA U SRBIJI U VREME „GLOBALNE PANDEMIJE"." In Razvoj i unapređenje institucije ombudsmana u funkciji zaštite ljudskih prava. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/ruio23.185n.

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As the history of the civilization as we know it changed – so did The attitude about a man as a human being. With the evolution of society and human consciousness, human rights and freedoms also evolved, so troughout history we have seen people in The Old Century as a “slaves”, in The Middle Century as a “labor”, and in The New Century as a “citizens”. Civil and political rights are considered universal rights that apply to any of us and that each of us acquires(gets)at birth. The evolution in the development of human rights and freedom has led to the fact that they are incorporated into The C
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Reports on the topic "Acts of the constitutional court"

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Díaz Castro, Juan Antonio, Guillermo Arturo Rendón Fuentes, and Liliana Anaya Caraballo. The Scope of the Constitutional Court of Colombia’s Judgment T-236/2024. Ediciones Universidad Cooperativa de Colombia, 2024. https://doi.org/10.16925/gclc.60.

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Health and mental health as fundamental rights must be respected and protected by Colombia, especially as a social state under the rule of law that constitutionally guarantees such protection and created the subsidiary mechanism of the tutela action for this purpose, and in the event that these rights are violated by any person. This does not deny the rights of the community surrounding individuals with emotional mental illness who have animal support, in accordance with the shared responsibility as citizens and in compliance with the constitutional principle of solidarity. The Constitutional
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Krishnaswamy, Sudhir, Jayna Kothari, Satya Prasoon, and Ashwini Tallur. Rights in Review: The Supreme Court in 2016. Centre for Law and Policy Research, 2016. http://dx.doi.org/10.54999/pcqk8153.

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“Rights in Review″ is an annual review of Indian Supreme Court decisions on constitutional fundamental rights cases in the year past. In 2016 we surveyed all reported decisions of the Supreme Court adjudicating fundamental rights challenges from January 2016 to December, 2016. Once again we selected cases which extend or modify existing legal doctrine, apply the law to new factual circumstances or otherwise have a significant impact on public policy or public affairs.
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Krishnaswamy, Sudhir, Satya Prasoon, and Ashwini Tallur. Rights in Review | The Supreme Court in 2017. Centre for Law and Policy Research, 2018. http://dx.doi.org/10.54999/hnso5156.

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“Rights in Review″ is an annual review of Indian Supreme Court decisions on constitutional fundamental rights cases in the year past. In 2017 we surveyed all reported decisions of the Supreme Court adjudicating fundamental rights challenges from Dec 15, 2016 to Dec 15, 2017. Once again we select cases which extend or modify existing legal doctrine, apply the law to new factual circumstances or otherwise have a significant impact on public policy or public affairs. We have identified 11 cases this year based on these criteria.
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Krishnaswamy, Sudhir, Satya Prasoon, and Ashwini Tallur. Rights in Review: The Supreme Court in 2017. Centre For Law and Policy Research, 2018. http://dx.doi.org/10.54999/bliz6522.

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“Rights in Review″ is an annual review of Indian Supreme Court decisions on constitutional fundamental rights cases in the year past. In 2017 we surveyed all reported decisions of the Supreme Court adjudicating fundamental rights challenges from Dec 15, 2016 to Dec 15, 2017. Once again we select cases which extend or modify existing legal doctrine, apply the law to new factual circumstances or otherwise have a significant impact on public policy or public affairs. We have identified 11 cases this year based on these criteria.
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Haider, Huma. Constitutional Courts: Approaches, Sequencing, And Political Support. Institute of Development Studies, 2022. http://dx.doi.org/10.19088/k4d.2022.097.

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This rapid review looks at various constitutional courts established in transitional, fragile and conflict-affected contexts—the approaches adopted, sequencing in their establishment, and experiences with political support. There are few comprehensive accounts in the literature, however, of constitutional courts and their role in judicial review in the contexts of transition and/or as key actors in ‘building democracy’ (Daly, 2017a; Sapiano, 2017). Further, scholars have tended to focus on a relatively small number of case studies from the immediate post-Cold War era, such as South Africa and
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Davies, Andrew L. B., Blane Skiles, Pamela R. Metzger, Janelle Gursoy, and Alex Romo. Getting Gideon Right. SMU Dedman School of Law, 2022. http://dx.doi.org/10.25172/dc.8.

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In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of cou
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Smeekens, Daan, and Keil Soeren. The Iraqi Oil and Gas Dispute between Baghdad and Erbil. IFF, 2022. http://dx.doi.org/10.51363/unifr.diff.2022.31.

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In a judgment of 15 February 2022, the Federal Supreme Court of Iraq decided to repeal the 2007 Oil and Gas Law of the Kurdistan Regional Government on constitutional grounds. The judgment can be regarded as politicized, and has enormous implications for the autonomy of the Kurdish Region and the federal discourse in Iraq. This commentary assesses the soundness of the Federal Supreme Court’s judgment through critically evaluating the arguments against the Iraqi Constitution. It comes to conclude that the judgment has been a misinterpretation of the constitutional provisions that prescribe shar
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Krasinsky, Vladislav. ON THE LEGAL POSITIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON RESTRICTIONS ON VOTING RIGHTS BECAUSE OF CRIMIAL RECORD. LJournal, 2017. http://dx.doi.org/10.18411/a-2018-028.

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Ocampo-Gaviria, José Antonio, Roberto Steiner Sampedro, Mauricio Villamizar Villegas, et al. Report of the Board of Directors to the Congress of Colombia - March 2023. Banco de la República de Colombia, 2023. http://dx.doi.org/10.32468/inf-jun-dir-con-rep-eng.03-2023.

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Banco de la República is celebrating its 100th anniversary in 2023. This is a very significant anniversary and one that provides an opportunity to highlight the contribution the Bank has made to the country’s development. Its track record as guarantor of monetary stability has established it as the one independent state institution that generates the greatest confidence among Colombians due to its transparency, management capabilities, and effective compliance with the central banking and cultural responsibilities entrusted to it by the Constitution and the Law. On a date as important as this,
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Pachón, Mónica, Roberto Junguito, and Mauricio Cárdenas. Political Institutions and Policy Outcomes in Colombia: The Effects of the 1991 Constitution. Inter-American Development Bank, 2006. http://dx.doi.org/10.18235/0011279.

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The 1991 Colombian Constitution strengthened the checks and balances of the political system by enhancing the role of Congress and the Constitutional Court, while somewhat limiting the powers of the President (who nonetheless remains extremely powerful even by Latin American standards). As a consequence of the larger number of relevant players, and the removal of barriers that restricted political participation, the political system has gained in terms of representation. However, political transaction costs have increased, making cooperation harder to achieve. The authors show that this has be
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