Relevant bibliographies by topics / Budget‘s judicial review

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  1. Journal articles
  2. Dissertations / Theses
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  5. Conference papers

Academic literature on the topic 'Budget‘s judicial review'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 February 2022

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Journal articles on the topic "Budget‘s judicial review"

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Omara, Andy. "The Constitutionalization of Budget for Education and Its Judicial Enforcement in Indonesia." Constitutional Review 2, no. 2 (2017): 189. http://dx.doi.org/10.31078/consrev222.

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The introduction of provision concerning budget allocation for education in the amended constitution is not a common method in constitutional drafting in Indonesia. This article aims to understanding the background of the inclusion of this provision and its judicial enforcement. It argues that the establishment of this provision closely related to the fact that education was not properly funded. As a result, the quality of education was negatively affected. The constitutionalisation of budget for education opens the possibility to allocate the national budget in this field in a more sustainable way. In addition, by constitutionalizing budget for education, there is a legal avenue available to challenge the government policy if the government fails to fulfill its constitutional obligation. The newly established Constitutional Court has the power to review whether the allocation of national budget for education is consistent with the Constitution. In some judicial review cases on budget for education, the Court took legal approach and also extralegal factors in its rulings.
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Dionisopoulos, P. Allan. "The Use of Judicial Review, 1940's to 1980's." Legal Reference Services Quarterly 5, no. 1 (1985): 105–14. http://dx.doi.org/10.1300/j113v05n01_06.

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Ávila, Ana Paula Oliveira;, and Daniella Bitencourt. "A JURISPRUDÊNCIA DO SUPREMO TRIBUNAL FEDERAL SOBRE O CONTROLE JUDICIAL DO ORÇAMENTO PÚBLICO E A PROTEÇÃO DOS DIREITOS HUMANOS." Revista Brasileira de Filosofia do Direito 3, no. 1 (2017): 18. http://dx.doi.org/10.26668/indexlawjournals/2526-012x/2017.v3i1.1899.

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Este artigo apresenta um panorama da jurisprudência do Supremo Tribunal Federal sobre o controle judicial do orçamento público e a proteção dos direitos humanos enquanto fim do Estado e do direito, especialmente considerando a recente tese fixada sobre o assunto. A questão de saber se é possível conciliar a atividade judicial com o controle de constitucionalidade dos orçamentos públicos é complexa e polêmica. Diante disso, para além de analisar as implicações orçamentárias decorrentes da judicialização dos direitos sociais positivos, o objetivo do presente estudo é analisar a postura do Poder Judiciário (STF) com relação ao próprio orçamento.AbstractThis article presents the evolution on the Brazilian Supreme Court jurisprudence involving public budget review, in the light of the human and fundamental rights promotion as a state’s goal – specially regarding the most recent court’s ruling on this issue. The question regarding the possibility to reconcile judicial review with public budget control is a complex one. In analyzing its complexity, this study aims at the effects that litigation over economic and social rights produces on public budget and what kind of attitude should we expect from the Judiciary regarding public budget planning.
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Ristawati, Rosa, and Radian Salman. "Judicial Independence vis-à-vis Judicial Populism: the Case of Ulayat Rights and Educational Rights." Constitutional Review 6, no. 1 (2020): 110. http://dx.doi.org/10.31078/consrev614.

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Judicial populism may occur when judicial branches are much more influenced by the interest of people majority. In this context, it is when justices deliver decisions according to what the people wanted and not what it has to be decided by laws. The Constitutional Court of the Republic of Indonesia (MKRI) has the pivotal role to protect the Constitution, democracy, and the rule of law principles by adhering judicial independence in the decision making process. This paper aims to briefly find out whether the MKRI decisions on the particular issue of economic and social rights show the tendency of judicial populism and defending judicial independence. A brief conclusion would be drawn from the analysis of the two MKRI’s landmark decisions on the relevant issues of economic and social rights, in particular issues of Ulayat rights and educational rights (Case Number 35/PUU-X/2012 on the judicial review of Law No. 41 of 1999 on the Forest and Case Number No. 13/PUU-VII/2008 on the judicial review of Law No. 16 of 2008 on the Amendment of the Law No. 45/2007 on the State Budget). In a short analysis of both landmark decisions, the MKRI tends to defend its independence in delivering its decision. The Court also shows its consistency in protecting the Constitution by strictly upholding the constitutional values laid down in the Constitution and against the judicial populism. The Court in both decisions shows its constitutional commitment to preserving democratic values of minority-marginalized protection against the dominant-majoritarian interest. In the particular issue of education rights, the Court hinders the fulfilment of educational rights from the elite interest by preserving the constitutional purpose of making priority 20% for the education budget. In general, the MKRI has to guard preventing the Constitution and the rule of law principles, specifically on the issue of the protection of economic-social rights. It upholds judicial independence and put asides judicial populism.
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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases considered with the participation of an antimonopoly body." Russian competition law and economy, no. 1 (March 30, 2020): 92–95. http://dx.doi.org/10.32686/2542-0259-2020-1-92-95.

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The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
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Creyke, Robin. "Judicial Review and Merits Review: Are the Boundaries Being Eroded?" Federal Law Review 45, no. 4 (2017): 627–52. http://dx.doi.org/10.22145/flr.45.4.7.

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Courts and tribunals have distinct roles within the Australian administrative law system at the federal level, and to a lesser extent, in the states and territories. Questions of law are for the courts, and questions of fact are for the executive and tribunals. From time to time this orthodoxy is questioned. Suggestions are made that the courts are increasingly tending to intrude into the province of tribunals. Using cases as illustrations, this article explores five relevant jurisdictional areas —from appeals on a question of law to deference under the Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii)—to test the accuracy of the suggestion.
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Baer, Susanne. "Who cares? A defence of judicial review." Journal of the British Academy 8 (2020): 75–104. http://dx.doi.org/10.5871/jba/008.075.

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For a long time, politicians and scholars and even judges have criticised national and international courts with the competence of judicial review of legislative and executive powers. The defence usually relies on more or less abstract notions of the rule of law. This article, however, argues that at the heart of the matter are people, as protected by fundamental rights. Critical approaches to the law and studies in comparative constitutionalism allow us to understand why judicial review matters, namely: to whom. From that point of view, judicial review is not just a debatable idea, but it is about, specifically, children and women, non-patriarchal men and social and cultural minorities, poor people and others who are excluded. These are people in need of courts. For people, the rule of law is not just another concept of how things may be run, but is a protective device against arbitrariness, or outright hostility, of political majorities. Way beyond a reference to Germany�s history, judicial review is a �never again� to law as an empty promise.
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Dvoryanchikov, N. V. "Book review prof. F. S. Safuanov "Forensic psychological examination"." Psychology and Law 5, no. 3 (2015): 106–9. http://dx.doi.org/10.17759/psylaw.2015050310.

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The book is a unique publication that combines monographic presentation of the material and didactic structure of the text, characteristic of the teaching AIDS. It can be noted that the presented work is the first textbook on forensic examination for psychologists and the only Handbook covering virtually all aspects of judicial-psychological examination. The book is filled of presentation and broad coverage of the problematic areas identified in it.
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Susanto, Mei. "Kewenangan Mahkamah Konstitusi sebagai Negative Budgeter dalam Pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara." Jurnal Konstitusi 14, no. 4 (2018): 728. http://dx.doi.org/10.31078/jk1442.

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Doktrin Mahkamah Konstitusi (MK) yang dahulu dipercaya hanya sebagai negative legislature telah bergeser menjadi positive legislature. Menjadi pertanyaan, apakah doktrin MK sebagai negative legislature maupun positive legislature, dapat pula dimaknai sebagai negative budgeter dan positive budgeter dalam pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara (UU APBN). Berdasarkan hasil kajian konseptual dan pendalaman terhadap beberapa putusan MK dalam pengujian UU APBN, secara nyata dan dalam keadaan tertentu, doktrin MK sebagai negative legislature dapat dimaknai sebagai negative budgeter dalam bentuk pernyataan mata anggaran tertentu dalam UU APBN bertentangan dengan UUD 1945. Bahkan dapat pula dimaknai sebagai positive budgeter karena MK juga mengharuskan pemerintah dan DPR untuk menambahkan mata anggaran tertentu dalam UU APBN. Hal tersebut tidak lain sebagai bentuk diakuinya supremasi konstitusi, sehingga MK yang berperan sebagai the guardian constitution harus menjaganya. Apalagi dalam UUD 1945 terdapat pasal yang spesifik menyebut batas minimal anggaran pendidikan 20% dan pasal-pasal lain yang mengharuskan APBN harus dipergunakan untuk sebesar-besarnya kemakmuran rakyat.The doctrine of the Constitutional Court which was previously believed to be only as a negative legislature has shifted into positive legislature. The question, is the doctrine of the Constitutional Court as a negative legislature and a positive legislature can also be interpreted as a negative budgeter and a positive budgeter in the judicial review of the State Budget Law. Based on the result of conceptual study and deepening of several decisions of the Constitutional Court in the judicial review of the State Budget Law, in real and in certain circumtances, the doctrine of the Constitutional Court as a negative lagislature can be also interpreted as a negative budgetary in the form of specific budget items in the State Budget Law contradictory to the 1945 Constitution. Also as a positive budgeter because the Constitutional Court requires the executive and the legislative to add a specific budget in the State Budget Law. It is a form of recognition of constitutional supremacy, so that the Constitutional Court can role as the guardian constitution. Moreover in the 1945 Constitution there is a specific article that mentions the minimum limit of 20% education budget and other articles that require the state budget should be used for the greatest prosperity of the people.
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Sukmariningsih, Retno Mawarini. "EXAMINING CONSTITUTIONAL AWARENESS AND STRENGTHENING JUDICIAL INTEGRITY." Yustisia Jurnal Hukum 7, no. 3 (2018): 443. http://dx.doi.org/10.20961/yustisia.v7i3.24722.

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<p>This article is aimed to review constitutional awareness and decision-strengthening practice in judicial institutions. As it turns out in practice, however, the legal decisions are still debatable in reality. The practice of abuse of authority in the judiciary tends to damage the pillars of the judiciary and result in a decline in trust and certainly the authority of the judiciary against society. It is a normative legal research (doctrinal research). The approach used is qualitative analysis and the application of legislation. The results of research indicate that the strengthening of the judge’ decision can be started from the quality of decision through a comprehensive and mind-opened dimension, so that it is necessary to increase the pattern of development not only by the judges but also by all relevant stakeholders such as the Secretariat General and the Registrar Apparats. The focus of development is not only about knowledge but also it was conducted from all aspects such as mental and spiritual development that conducted continuously. The consequences of providing sufficient budget to realize it and in its implementation are conducted with full responsibility.</p>
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Dissertations / Theses on the topic "Budget‘s judicial review"

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Stein, Karin. "The "Faint Hope Clause" (C.C.C. s.745.6): The judicial review process with special reference to the 1996 amendments." Thesis, University of Ottawa (Canada), 2001. http://hdl.handle.net/10393/6115.

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This study examines data provided by Correctional Service of Canada and the National Parole Board on applications for early parole under s.745.6 (the "Faint Hope Clause") both before and after the 1996 amendment to the clause. The data come from a Correctional Service Canada database containing comprehensive information about 1,325 individual case files of inmates convicted of first and second degree murder between 1961 and 2000. The data analyzed consist of statistics on counts of murder, inmates' current status as well as information on application and success rates. Similar data from the National Parole Board provide more detailed information on inmates' parole status. Overall, 82% of applicants have positive outcomes at judicial review. While there are substantially more applications from inmates convicted of first-degree murder (82%) than from inmates convicted of second-degree murder (18%), the second-degree murder applications have a higher success rate (89% vs. 80%). At the same time, applicants convicted of first-degree murder are granted greater reductions in parole ineligibility than are those with second-degree murder convictions. (Abstract shortened by UMI.)
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Christopoulos, Basile Georges Campos. "Controle de constitucionalidade de normas orçamentárias: o uso de argumentos consequencialistas nas decisões do Supremo Tribunal Federal." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-11022015-103805/.

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A hipótese do trabalho é a de que o Supremo Tribunal Federal utiliza argumentos consequencialistas para admitir e julgar o controle de constitucionalidade de leis e normas orçamentárias. A tese é dividida em duas partes. Na primeira são tratados os temas que fundam a análise argumentativa das decisões judiciais. A argumentação jurídica é proposta como lente de exame das decisões judiciais, especialmente o ramo da retórica. De acordo com esse referencial teórico, os tribunais e juízes buscam convencer o auditório de que produzem a decisão mais adequada possível. É ressaltada a importância do argumento na formação do precedente, no que há de fundamental nas decisões (ratio decidendi) e no que é periférico (obiter dictum). O argumento consequencialista é visto diante de diversas teorias que o propõem, como o utilitarismo e o pragmatismo, com destaque, em capítulo próprio, para a teoria de Neil MacCormick, que propõe um consequencialismo essencialmente jurídico. Em sua segunda parte, a tese explora os temas que levarão às conclusões da hipótese. Em primeiro lugar, as características marcantes da produção de leis e normas orçamentárias, sua natureza jurídica e seu fundamento de validade. É revisto o controle de constitucionalidade dessas normas no ordenamento brasileiro, sendo pontuadas as particularidades e limites pertinentes ao seu controle principal. E por fim, no último capítulo, são analisadas pormenorizadamente as decisões que o Supremo Tribunal Federal produziu no controle principal de leis e normas orçamentárias, demarcando a presença de argumentos consequencialistas e buscando estabelecer quais são os precedentes vigentes no direito brasileiro. Ao fim, conclui-se que o controle de constitucionalidade principal é a via mais adequada nas matérias orçamentárias; que o precedente estabelecido no Supremo Tribunal Federal é o de possibilidade de controle de constitucionalidade principal de normas orçamentárias por ADI e ADO, não por ADPF; e que o tribunal usa adequadamente, na maioria das vezes, os argumentos consequencialistas, porquanto estes predominam (ratio decidendi) nas decisões mais importantes sobre a matéria.<br>The hypothesis of this work is that the Supreme Court uses consequentialist arguments to admit the judicial review of budgetary laws. The thesis is divided in two parts. In the first, the themes that underlie the argumentative analysis of judicial decisions are discussed. Legal argumentation is proposed as a lens for examining decisions, especially rhetoric. According to this theoretical framework, the courts and judges seek to convince the audience that they produce the most appropriate decisions possible. It highlights the significance of the argument in shaping the precedent, in what is crucial in decisions (ratio decidendi), and what is peripheral (obiter dictum). The consequentialist argument is analyzed according to the various theories that underlie it, such as utilitarianism and pragmatism, especially, in a separate chapter, according to Neil MacCormicks theory, that offers an essentially legal consequentialism. In its second part, the thesis explores the issues that lead to the conclusions of the hypothesis. Firstly, the salient features of the production of budget laws, its legal status and fundament of validity. The judicial review of these laws in the Brazilian legal system is revised, and the limits and particularities of its main control are punctuated. And finally, in the last chapter, the decisions produced by the Supreme Court in the main judicial review of budgetary laws are minutely explored, the existence of consequentialist arguments is indicated, and it seeks to establish the precedents existing in Brazilian law. It concludes, lastly, that the abstract judicial review is the most suitable option in budget matters; that the precedent set in the Supreme Court is about the possibility of the abstract judicial review of budgetary laws by ADI and ADO, but not ADPF; and that the court properly uses, most often, consequentialist arguments, and they predominate (ratio decidendi) in the most important decisions about it.
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Santos, Ricardo Simões Xavier dos. "A análise constitucional da desvinculação de receitas da União (DRU) face aos direitos fundamentais sociais." Universidade Catolica de Salvador, 2015. http://ri.ucsal.br:8080/jspui/handle/123456730/183.

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Submitted by Jean Vagner Silva de Oliveira (jean.oliveira@ucsal.br) on 2016-10-06T18:11:02Z No. of bitstreams: 1 Versão de entrega.pdf: 1184011 bytes, checksum: 455163c88b6e3a6d89ecf04c2cfcd061 (MD5)<br>Rejected by Rosemary Magalhães (rosemary.magalhaes@ucsal.br), reason: Título e assunto on 2016-10-06T18:16:06Z (GMT)<br>Submitted by Jean Vagner Silva de Oliveira (jean.oliveira@ucsal.br) on 2016-10-06T18:49:21Z No. of bitstreams: 1 Versão de entrega.pdf: 1184011 bytes, checksum: 455163c88b6e3a6d89ecf04c2cfcd061 (MD5)<br>Approved for entry into archive by Maria Emília Carvalho Ribeiro (maria.ribeiro@ucsal.br) on 2016-11-29T19:31:13Z (GMT) No. of bitstreams: 1 Versão de entrega.pdf: 1184011 bytes, checksum: 455163c88b6e3a6d89ecf04c2cfcd061 (MD5)<br>Made available in DSpace on 2016-11-29T19:31:13Z (GMT). No. of bitstreams: 1 Versão de entrega.pdf: 1184011 bytes, checksum: 455163c88b6e3a6d89ecf04c2cfcd061 (MD5) Previous issue date: 2015-07-06<br>A presente pesquisa pretende investigar a constitucionalidade da Desvinculação de Receitas da União (DRU), instituída pelas Emendas Constitucionais n. 27, 42, 59 e 68, que aditaram o art. 76 dos Atos das Disposições Constitucionais Transitória (ADCTs) da Constituição Federal de 1988, realizando a análise sob a ótica das implicações sobre direitos sociais fundamentais disciplinados no texto constitucional. A DRU desvincula 20% das receitas arrecadas com as contribuições sociais, tributo cuja arrecadação se destina ao financiamento da efetivação dos direitos sociais, sendo que a sua receita já se encontra destinada, desde o seu nascimento, ao financiamento das políticas para a efetividade dos direitos em tela. Para tanto, foi realizado um estudo dos direitos sociais, versando sobre a evolução dos direitos humanos como direitos fundamentais constitucionalmente assegurados, bem como analisando-se os direitos em questão que ostentam a qualidade de cláusulas pétreas, núcleo imutável da Constituição Federal de 1988. Ainda foi feita uma análise dos indicadores sociais para verificar se os direitos sociais são ou não respeitados no Brasil contemporâneo. Outrossim, para responder ao objetivo proposto na pesquisa, foi enfrentado o tema do financiamento dos direitos sociais, por meio do recolhimento de recursos pelas contribuições sociais. Caberá, então, a análise sobre a regra tributária de instituição do tributo em tela, dando ênfase ao critério da destinação, a fim de investigar se é ou não constitucional a desvinculação destas. Em outro momento, o trabalho voltou sua atenção para a DRU, realizando um estudo sobre a sua evolução legislativa, as justificativas para a desvinculação de receitas e as consequências da desvinculação para o orçamento da seguridade social, bem como para os direitos sociais. Por fim, atingida a análise mais profunda sobre as premissas que ensejaram a pesquisa, confrontou-se a DRU com os direitos sociais fundamentais, a fim de responder o problema proposto, ou seja, se é ou não constitucional as emendas à Constituição n. 27, 42, 59 e 68, que possibilitaram a desvinculação das receitas arrecadas por meio das contribuições sociais.<br>This research aims to investigate the constitutionality of Untying of Union Revenues (DRU) established by Constitutional Amendment n. 27, 42, 59 and 68, which amended the art. 76 of the Acts of the Transitional Constitutional Provisions (ADCTs) of the Federal Constitution of 1988, performing the analysis from the perspective of the impact on fundamental social rights in the Constitution disciplined. The DRU relieve 20% of revenues earrings with social contributions, tax whose revenue is intended to finance the realization of social rights, and their income is already destined from birth, the financing policies for the realization of the rights screen. To this end, a study was conducted of social rights, dealing with the evolution of human rights as fundamental rights constitutionally guaranteed, as well as analyzing the rights in question bearing the quality immutable clauses, unchanging core of the Constitution of 1988. Even was an analysis of social indicators to verify that social rights are not respected or in contemporary Brazil. Furthermore, to meet the proposed objective in the research, it was faced the issue of financing of social rights, through the gathering of resources by social contributions. It shall then be the analysis of the tax rule Tribute institution in question, emphasizing the discretion of destination, to investigate whether it is constitutional to untie these. At another point, the work turned his attention to the DRU, conducting a study on its legislative developments, the justification for the decoupling of revenue and untying consequences for the social security budget, as well as social rights. Finally, reaching the deeper analysis of the assumptions that gave rise to the survey, they were confronted with the DRU fundamental social rights in order to meet the proposed issue, namely whether or not the constitutional amendments to the Constitution n. 27, 42, 59 and 68, which enabled the decoupling of revenue earrings through social contributions.
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Mello, Cristiana De Santis Mendes de Farias. "O revigoramento do poder legislativo: uma agenda para o século XXI." Universidade do Estado do Rio de Janeiro, 2011. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=4883.

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O Legislativo é vital para o autogoverno coletivo e para a contenção do poder. Impõe-se revigorá-lo. Esta dissertação traz propostas para incrementar a legitimidade do Poder Legislativo que independem da reforma política. A primeira proposta consiste na correção de algumas práticas comprometedoras da atuação do Legislativo, quais sejam, a falta de apreciação do veto, a atual forma de elaboração e execução da lei orçamentária, o poder excessivo dos líderes e a tutela jurisdicional limitada do devido processo legislativo. A segunda proposta reside no fortalecimento das comissões temáticas, arenas mais adequadas do que o Plenário para desenvolver o potencial deliberativo do Parlamento. Esses órgãos fracionários podem empregar a avaliação de impacto, recurso que se destina a aprimorar a legislação. A terceira proposta corresponde à regulamentação do lobby. A institucionalização dessa atividade revela-se essencial para imprimir-lhe transparência, de modo a possibilitar o controle, e para minimizar o desequilíbrio no acesso aos tomadores de decisão.<br>The Legislative Branch is vital to collective self-government and to restrain power. It is necessary to reinvigorate it. This dissertation brings proposals to increase the legitimacy of the Legislative Branch that are independent from the political reform. The first proposal consists in correcting some practices that compromise the performance of the Legislative, which are, the lack of appreciation of veto, the current form of budget preparation and execution, the excessive power of the leaders and the limited jurisdictional review of the due process of law. The second proposal aims at the strengthening of the committees, which are arenas more adequate than the Plenary to develop the deliberative potential of the Parliament. These fractional organs can use the impact assessment, which is a tool intended to improve legislation. The third proposal corresponds to the regulation of lobbying. The institutionalization of this activity is essential to imprint transparency to the process so as to allow control and to minimize the imbalance in access to decision makers.
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Marques, Antônio Silveira. "Jurisdição constitucional e soberania do povo." Pontifícia Universidade Católica de São Paulo, 2009. https://tede2.pucsp.br/handle/handle/8739.

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Made available in DSpace on 2016-04-26T20:29:40Z (GMT). No. of bitstreams: 1 Antonio Silveira Marques.pdf: 1334501 bytes, checksum: 1a24eb64df639e6d58c52c0740c0fa1a (MD5) Previous issue date: 2009-09-25<br>Conselho Nacional de Desenvolvimento Científico e Tecnológico<br>The present work addresses the subject of the Constitutional Jurisdiction and People s Sovereignty and examines the apparent incompatibility between judicial review, namely review made by the Supreme Court in its current form, and the principle of the people s sovereignty, stressing the process of judicialization of politics . The author initially seeks to reconstruct the history of constitutionalism and judicial review in the 20th century, starting with the discussions of Hans Kelsen and Carl Schmitt about who had legitimacy to be the guardian of the German Reich s Constitution and examining the core points of these two thinkers. The second chapter reviews the discussions and conclusions of the first chapter and then begins a dialogue with the thoughts of contemporary authors such as Jürgen Habermas and Ronald Dworkin. These authors examined the growth of judicial functions, especially after Second World War, reaching conclusions on the necessity of imposing limits to judicial review in its current form. In the third and final chapter this question is addressed by examining the paradigmatic decision of the Brazilian Supreme Court concerning political party fidelity that created a new constitutional precedent by establishing a punitive norm an action not explicit in Article 55 of the Brazilian Constitution applicable to those considered unfaithful to their political parties. This research examines the limits of Brazilian rule of law, discussing the consequences of the unprecedented increase in judicial functions, especially by the Supreme Federal Tribunal, and the necessity of harmonizing governmental power in Brazil specifically, how to reconcile the current trend towards a stronger judiciary with the principle of the people s sovereignty, especially when laws pass through the control of the judiciary branch<br>Trata-se de pesquisa sobre o tema Jurisdição Constitucional e Soberania do Povo . Aborda a aparente incompatibilidade entre o controle de constitucionalidade das leis exercido pelo judiciário, leia-se o tribunal constitucional, nos moldes atuais, e o princípio da soberania do povo, dando-se ênfase à análise do processo de judicialização da política . Para tanto, procura o autor, inicialmente, fazer uma reconstrução da história do constitucionalismo e do controle de constitucionalidade no século XX. Parte-se da discussão entre Hans Kelsen e Carl Schmitt sobre quem teria a legitimidade para ser o guardião da constituição do Reich alemão. Entrementes, examina-se o cerne do pensamento desses dois importantes pensadores. No segundo capítulo, retoma-se a discussão e as conclusões obtidas no primeiro capítulo. Passa-se, então, a dialogar com pensamento de autores contemporâneos, tais como, Jürgen Habermas e Ronald Dworkin que examinam o incremento das funções do judiciário, sobretudo após a Segunda Guerra Mundial, constatando-se a necessidade de imposição de limites ao controle das leis na sua configuração atual. No terceiro e último capítulo, a questão é enfrentada levando-se em consideração a decisão paradigmática do Supremo Tribunal Federal brasileiro sobre fidelidade partidária que inovou o texto constitucional ao estabelecer norma punitiva não prevista no artigo 55 da Constituição Federal para casos de infidelidade partidária. Delimita-se, assim, o debate ao âmbito do Estado Democrático brasileiro, discutindo-se as implicações do aumento desmedido das funções do judiciário, especialmente do STF, e a necessidade de harmonização entre os poderes no Brasil. Isto é, como conciliar a tendência atual de um poder judiciário cada vez mais forte e atuante com o princípio da soberania do povo, especialmente quando as leis emanadas do legislativo devem passar pelo controle exercido por um tribunal
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Bachert, Audrey. "L'équilibre des pouvoirs législatif et juridictionnel à l'épreuve des systèmes de protection des droits et libertés : étude comparée : États-Unis, Canada, Royaume-Uni." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0155.

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Alors que la protection effective des droits et libertés est souvent conçue comme dépendante de leur garantie juridictionnelle, cette dernière implique une transformation de l'équilibre qui s'établit entre le juge, non élu, et le législateur, représentant du peuple souverain. À travers une analyse pratique des effets du travail juridictionnel sur l'activité législative, tels qu'ils se sont déployés aux États-Unis, au Canada et au Royaume-Uni sur les quinze dernières années, il est possible d'évaluer les conséquences de la consécration de certains droits dans un catalogue opposable par le juge au législateur, en matière d'équilibre entre les pouvoirs législatif et juridictionnel. Si ces trois systèmes, aux traditions constitutionnelles éloignées, disposent chacun de mécanismes spécifiques pour assurer le respect des droits consacrés, plusieurs points de convergence peuvent être mis en lumière. Leur étude sera alors l'occasion d'appréhender dans une perspective renouvelée l'équilibre qui s'établit entre les deux institutions. Elle fera progressivement apparaitre l'idée d'une véritable collaboration du législateur et du juge en matière de protection des droits et libertés dans les démocraties contemporaines<br>Effective human rights protection is often perceived as being dependent upon their judicial enforcement. However, such a mechanism transforms the relationship between unelected judges and electorally accountable legislators. Through an empirical analysis of the effects of judicial review on legislation and legislative decision-making, in the United States, Canada and the United Kingdom, during the last fifteen years, the actual impact of the entrenchment of human rights in a written bill of rights will be assessed and evaluated. Even though these three countries have different processes to guarantee the respect of entrenched rights, and despite their long-settled and contrasting traditions, their systems are not as conflicting as it is often thought. This study finally leads to a better understanding of the relationship between judges and legislators in contemporary democracies and underlines the idea of a genuine collaboration of powers
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Senate, University of Arizona Faculty. "Faculty Senate Minutes May 1, 2017." University of Arizona Faculty Senate (Tucson, AZ), 2017. http://hdl.handle.net/10150/625406.

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Bartoš, Vojtěch. "Vymáhání soutěžního práva EU Evropskou Komisí a jeho soulad s právem na spravedlivý proces." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-354639.

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The Enforcement of EU Competition Law and Its Compliance with the Right to Fair Trial - the Abstract: The EU is a community based on common values among which the prime role is played by fundamental rights. One of the most important rights which serves also as a vehicle for the protection of other rights is the right to fair trial. That is valid also for the specific field of EU competition law. The European Commission issues in competition proceedings sanctions which are of criminal nature. Such sanction must be either imposed or at least reviewed by an independent court or tribunal with a full jurisdiction. This is a doctrine developed by the ECtHR in Strasbourg under art. 6 of the Convention and it has been well established in its case law for decades. Since the Commission itself is not an independent court or tribunal, its decisions must be reviewed by the ECJ which must exercise the full jurisdiction over the decisions in question. In the past the ECJ was criticised that it did not possess or exercise the full jurisdiction by which it failed to safeguard the standard of fair trial. Although the ECJ accepted the line of case law on criminal nature of Commission's decisions, at times it was indeed rather hesitant to review fully the parts of the decision where the Commission assessed the factual...
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Salter, Shannon. "Rights Without Remedies: The Court Party Theory and the Demise of the Court Challenges Program." Thesis, 2011. http://hdl.handle.net/1807/29612.

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The author argues that the Court Challenges Program’s 2006 cancellation was based on claims that judicial review is undemocratic, including those made by three academics, Rainer Knopff, F.L. Morton and Ian Brodie; the Court Party Theorists (the “CPT”). Through a study of Charter equality cases, this paper examines the CPT’s arguments regarding judicial activism, interest groups and interveners and finds they are largely unsupported by statistical evidence. Further, the debate about judicial review and democracy obscures judicial review’s important auditing function over the legislature’s constitutional adherence. This audit depends on individuals’ capacity to pursue Charter litigation, an ability compromised by the access to justice crisis. The author examines this crisis and the efforts to fill the funding gap left by the CCP’s cancellation and concludes that a publicly-funded program like the CCP is best-placed to ensure that the Charter remains a relevant tool for enforcing fundamental human rights in Canada.
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Books on the topic "Budget‘s judicial review"

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United States. Congress. Senate. Committee on Veterans' Affairs. Judicial review legislation: Hearing before the Committee on Veterans' Affairs, United States Senate, One Hundredth Congress, second session, on S. 11, the proposed Veterans' Administration Adjudication Procedure and Judicial Review Act, and S. 2292, Veterans' Judicial Review Act, April 28, 1988. U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Selection of court for multiple appeals: Report (to accompany H.R. 1162) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1987.

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United States. Congress. Senate. Committee on the Judiciary. The Comprehensive Regulatory Reform Act of 1995--S. 343: Report together with additional and supplemental views (to accompany S. 343). U.S. G.P.O., 1995.

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United States. Congress. House. Committee on the Judiciary. Continued participation of senior judges in an in banc proceedings: Report (to accompany S. 531) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1996.

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United States. Congress. House. Committee on the Judiciary. Continued participation of senior judges in an in banc proceedings: Report (to accompany S. 531) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1996.

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United States. Congress. House. Committee on the Judiciary. Continued participation of senior judges in an in banc proceedings: Report (to accompany S. 531) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1996.

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United States. Congress. House. Committee on the Judiciary. Federal Agency Compliance Act: Report together with dissenting views (to accompany H.R. 1544) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1997.

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United States. Congress. House. Committee on Veterans' Affairs. Veterans' Judicial Review Act: Report (to accompany H.R. 5288) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1988.

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United States. Congress. House. Committee on Veterans' Affairs. Veterans' Judicial Review Act: Report (to accompany H.R. 5288) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1988.

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United States. Congress. House. Committee on Veterans' Affairs. Veterans' Judicial Review Act: Report (to accompany H.R. 5288) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1988.

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Book chapters on the topic "Budget‘s judicial review"

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Yüksel, Nahit. "Judicial Review of Budget in Turkish Law." In Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application. Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-1914-7_9.

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"64.1 SCA s.31." In Judicial Review Handbook. Bloomsbury Publishing Plc, 2012. http://dx.doi.org/10.5040/9781509943517.0007.

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Bowes, Ashley. "Appeals; Statutory Review; Judicial Review; The Ombudsman." In A Practical Approach to Planning Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/9780198833253.003.0018.

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From most decisions of local planning authorities there is an appeal to the Secretary of State and from him to the courts on a point of law. In determining an appeal, the Secretary of State may allow the appeal, dismiss it, reverse, or vary any part of the decision of the local planning authority and generally deal with the appeal as if it were before him in the first instance, see s 79 of the 1990 Act.
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Calabresi, Steven Gow. "The Republic of South Africa." In The History and Growth of Judicial Review, Volume 1. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0010.

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This chapter explores the origins and growth of judicial review in South Africa. Judicial review originated in South Africa in 1994 for rights from wrongs reasons. The great moral wrongs of racist Afrikaner and British imperial rule could only be overcome with a new Democratic Constitution, accepted by blacks and whites, with a very generous Bill of Rights that is enforced by a very powerful Constitutional Court. The African National Congress (ANC) party, led by Nelson Mandela, had called for a Bill of Rights and judicial review ever since the 1950s. In the 1990’s, the ANC got its wish. South African judicial review also result, in part, from borrowing. South Africans borrowed heavily from the Canadian Charter of Rights and Freedoms of 1982 and from the German Basic Law of 1949. South Africa particularly borrowed from Germany the idea of creating one very powerful Constitutional Court, which alone has the power of judicial review in South Africa.
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Calabresi, Steven Gow. "The United States: Creation, Reconstruction, the Progressives, and the Modern Era." In The History and Growth of Judicial Review, Volume 1. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0005.

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This chapter focuses on the origins and growth of judicial review of the constitutionality of federal and state legislation in the United States. American judicial review emerged from the vertical federalism umpiring of the King-in-Council, which reined in errant colonies; and from the open political space created by bicameralism, the separation of powers, and federalism, which gave the federal courts the political leeway to engage in judicial review of the constitutionality of federal and state laws. American judicial review took its present form of allowing horizontal separation of powers and enumerated powers vertical judicial review during the critical years between 1776 and 1803 when the faith of the American people shifted away from state legislatures and state governments and toward stronger executives and courts and a much stronger national government. This theory is set forth correctly by Professor Gordon S. Wood in both articles he has shared with me and in conversation. The addition of the three Reconstruction Amendments, and the enormous statutory expansions of federal court jurisdiction and of the number of lower federal court judges after the Civil War, occurred for rights from wrongs reasons. They led, after the incorporation of the Bill of Rights against the states between 1940 and 1970, to a situation where the Supreme Court now reins in errant state legislatures in much the same way the King-in-Council used to rein in errant colonial legislatures.
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Loveland, Ian. "21. Human Rights V: The Impact of the Human Rights Act 1998." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804680.003.0021.

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This chapter analyses some leading cases wherein the courts addressed different aspects of the Human Rights Act 1998, and draws out the constitutional implications of the courts’ initial conclusions. The discussions cover the interlinked issues of the extent to which the courts have recognised a distinction between Convention articles and Convention Rights, the approach taken to statutory interpretation mandated by s 3, and the use of Declarations of Incompatibility under s 4; the doctrine of judicial ‘deference’ to legislative policy decisions; the ‘horizontality’ of the Act and its impact on the development of the common law; and the status of proportionality as a ground of review of executive action. The chapter concludes with an assessment of whether the Act triggered a shift in understandings on the proper scope of the doctrines of the sovereignty of Parliament and the rule of law within the modern constitutional order.
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Loveland, Ian. "20. Human Rights IV: The Impact of the Human Rights Act 1998." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198860129.003.0020.

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This chapter analyses some of the leading cases in which the courts addressed different aspects of the Human Rights Act 1998, and draws out the constitutional implications of the courts’ initial conclusions. The discussions cover the interlinked issues of the extent to which the courts have recognised a distinction between Convention articles and Convention Rights, the approach taken to statutory interpretation mandated by s 3, and the use of Declarations of Incompatibility under s 4; the doctrine of judicial ‘deference’ to legislative policy decisions; the ‘horizontality’ of the Act and its impact on the development of the common law; and the status of proportionality as a ground of review of executive action. The chapter concludes with an assessment of whether the Act has triggered a shift in understandings on the proper scope of the doctrines of the sovereignty of Parliament and the rule of law within the modern constitutional order.
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Kaboğlu, İbrahim Özden, and Stylianos-Ioannis G. Koutnatzis. "The Reception Process in Greece and Turkey." In A Europe of Rights. Oxford University Press, 2008. http://dx.doi.org/10.1093/acprof:oso/9780199535262.003.0008.

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This chapter discusses the reception of the ECHR in Greece and Turkey. Both countries ratified the ECHR almost simultaneously in the 50's, without critically and rigorously scrutinizing their domestic laws as to their conformity with the ECHR, and despite theoretically recognizing judicial review of legislation, the Greek and Turkish courts have traditionally deferred to the other two branches of Government. However, in the last three decades, differences in the effectiveness of the ECHR in Greece and in Turkey have become increasingly visible. Following the restoration of democracy in Greece in 1975, the fundamentals of democracy and rule of law soon became commonplace. In contrast, in Turkey, the traditional resistance to reforms in the State bureaucracy, including the Judiciary, the deficient willpower of the Government's political branches for the implementation of the reforms, the rise of nationalism, and the role of the military have perpetuated the difficulties for an effective reception of the ECHR.
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"4.3.3 Summary of the issue in the application for judicial review The applicants alleged that the British Government, by stipulating that 75% of the shareholders and directors had to be of British nationality, were unnecessarily acting out of all proportion to the problem. Furthermore, the British Government had infringed their Community obligations by passing a statute that contained provisions in direct contravention of the Treaty of Rome 1957—notably that Member States cannot discriminate against each other (see Articles 7, 52 and 221 of the Treaty of Rome). 9.4.3.4 Summary of procedural history Factortame applied to the High Court for an order that the contravening sections of the Merchant Shipping Act 1988, together with parts of the accompanying regulations passed to implement the statute, should be disapplied pending a full hearing of the matter. The High Court considered that the dispute raised a question requiring the interpretation of some of the articles in the EC Treaty and decided to operate their discretion to ask the European Court for a preliminary ruling under Article 177 to the question whether s 14 of the Merchant Shipping Act 1988 infringed Articles 7, 52 and 221 of the EEC Treaty. This case commenced in December 1988 but the court decided to seek a preliminary ruling from the European Court and this was sent on 10 March 1989. The High Court ordered the application of the statute to be suspended on the grounds: • of changes brought about by entry into the EC and the UK obligations under the Treaty of Rome; • of s2(1) and (4) of the ECA 1972; • that the applicants stood a good chance of winning the case and, if they had to await a ruling, the case could take two years. However, if they were unable to register and therefore unable to fish for two years they would be bankrupt; • that this case for judicial review was not a case in which damages was a remedy on offer. The government appealed against the High Court decision on the grounds that an English court cannot suspend an Act of the English Parliament before it has even been determined to be in conflict with European law. The Court of Appeal agreed with the government. Factortame was forced to appeal to the House of Lords who said that, as far as the law as they saw it was concerned, the High Court could not suspend a statute. However, as the final court of appeal, they were obliged to seek a preliminary ruling on the matter from the ECJ under Article 177 (now Article 234), of the Treaty of Rome 1957 concerning whether a ‘national court had to give relief pending a reference in a main action and, if it gave relief, did Community law give it the power to grant interim protection’? (See Chapter 5.) The ECJ replied in the affirmative that a national court had to give relief. Furthermore, the ECJ stated that if a national law stood in the way of interim relief,." In Legal Method and Reasoning. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-231.

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Conference papers on the topic "Budget‘s judicial review"

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Lousada, Sergio, Rafael Camacho, and Joao Gouveia. "Execution of an artificial beach and respective complementary infrastructures (Madeira Island - Machico)." In I South Florida Congress of Development. CONGRESS PROCEEDINGS I South Florida Congress of Development - 2021, 2021. http://dx.doi.org/10.47172/sfcdv2021-0066.

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The present study aims to create an artificial beach in the municipality of Machico, as well as its complementary infrastructures, located on the south-eastern coast, in the municipality of Machico (Madeira Island). Machico´s beach sand consists of a mixture of black volcanic sand and round basalt stones. Usually, it has clear waters and a quiet sea. This beach also has a mooring infrastructure, thus allowing access to the sea. To achieve this study's main goals, it was initially carried out an extensive review and bibliographic research. Subsequently, a sand beach and its shelter groins were simulated and designed to hypothetically promote the retention of the sand and mitigate the tidal effects. In addition to model the beach dynamics, an extensive characterization of the extreme maritime regime was performed. A descriptive memory, a set of project execution plans, the construction contract documents/special technical conditions, the corresponding budget, and the Health and Safety Plan, were elaborated to complement this project. Some final remarks and conclusions were then presented, as well as some future projects that should be developed to deepen the knowledge of its main subjects.
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Shafer, Michael W., and Eric Morgan. "Energy Harvesting for Marine-Wildlife Monitoring." In ASME 2014 Conference on Smart Materials, Adaptive Structures and Intelligent Systems. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/smasis2014-7630.

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Bio-logging devices are systems mounted to an animal that measure parameters associated with the animal or its environment. These devices date back to the 1930’s in their simplest form, while modern devices use suites of digital sensors, microcontrollers, and wireless data communication. Despite these advances, there has always been a fundamental relationship between power consumption and the amount of science that can be conducted. There are now a number of commercially available devices that use solar cells to supplement their daily energy budget, but supplemental solar power is not useful for species that are nocturnal, subterranean, aquatic, or spend significant time beneath dense forest canopies. As such, there have been calls from the marine biology community for devices that could harvest power from their environments. For these marine species, alternative energy harvesting techniques are required. Here we explore a new application for energy harvesting as a power source for marine wildlife bio-logging tags. Marine animals cover wide swaths of the ocean, making tracking and data collection challenging. Tagging these animals with devices that track their location and/or collect data about the animal or its surroundings require large batteries and have limited life spans due to high power requirements for satellite data relays. With limited solar irradiance at depth making solar power less attractive, we review and explore other forms of energy that could be harvested, such as energy from fluid flow and hydrostatic pressure cycles. We investigate the energy potential from a number of sources and compare these values with the requirements of current bio-logging systems to assess required transduction efficiencies. The application of energy harvesting on animal tags could result in nearly indefinite life systems allowing for data collection from a single animal over the course of many years.
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