Log in

Relevant bibliographies by topics / Constitution of the state / Journal articles

To see the other types of publications on this topic, follow the link: Constitution of the state.

Journal articles on the topic 'Constitution of the state'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Constitution of the state.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Tarr, G. Alan. "Civil Liberties Under State Constitutions." Political Science Teacher 1, no. 4 (1988): 8–9. http://dx.doi.org/10.1017/s0896082800000362.

Full text

Abstract:

Ask most political scientists about constitutional law, and they will tell you about the Federal Constitution and its interpretation by the U.S. Supreme Court. Examine a text on American constitutional law, and you will likely find the same tendency to equate constitutional law with the U.S. Constitution. Even the recent campaign for constitutional literacy during the Bicentennial of the Constitution altogether ignored the most obvious gap in Americans' constitutional knowledge—namely, the virtually total ignorance about state constitutions.This inattention to state constitutions and state con

APA, Harvard, Vancouver, ISO, and other styles

2

BELL, CHRISTINE. "Introduction: Bargaining on constitutions – Political settlements and constitutional state-building." Global Constitutionalism 6, no. 1 (2017): 13–32. http://dx.doi.org/10.1017/s2045381716000216.

Full text

Abstract:

Abstract:This article considers the relationship between constitutions and political settlements and locates the special issue articles within this wider discussion. The article points to the apparently paradoxical connection between disillusionment with internationalised state-building techniques on one hand, and increased international faith in constitution-making as a state-building tool on the other. Using understandings of the relationship of the constitution to political settlement which draws on conventional constitutional theory, it argues that the current context of negotiated transit

APA, Harvard, Vancouver, ISO, and other styles

3

de Raadt, Jasper. "Contested Constitutions." East European Politics and Societies: and Cultures 23, no. 3 (2009): 315–38. http://dx.doi.org/10.1177/0888325409333192.

Full text

Abstract:

What were the effects of constitution-making procedures on the acceptance of the new “rules of the political game” in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular involvement in constitution-making processes enhance a constitution's legitimacy. The concept of constitutional conflict, referring to political contestation over the interpretation and application of constitutional relations among state institutions, is introduced as a way to assess constitutional acce

APA, Harvard, Vancouver, ISO, and other styles

4

Seidman, Louis. "State Action and the Constitution's Middle Band." Michigan Law Review, no. 117.1 (2018): 1. http://dx.doi.org/10.36644/mlr.117.1.state.

Full text

Abstract:

On conventional accounts, the state action doctrine is dichotomous. When the government acts, constitutional limits take hold and the government action is invalid if those limits are exceeded. When the government fails to act, the state action doctrine leaves decisions to individuals, who are permitted to violate what would otherwise be constitutional constraints. It turns out though that the modern state action doctrine creates three rather than two domains. There is indeed a private, inner band where there is thought to be insufficient government action to trigger constitutional constraints,

APA, Harvard, Vancouver, ISO, and other styles

5

VAN BEKHOVEN, Jeroen. "Reforming the Constitution; Reforming the Postcolonial State? Indigenous Peoples and Constitutional Reforms in Taiwan." Asian Journal of Comparative Law 14, no. 2 (2019): 245–78. http://dx.doi.org/10.1017/asjcl.2019.28.

Full text

Abstract:

AbstractWhen an authoritarian state starts democratic transition reforms, the constitution can facilitate such reforms. However, a little-studied role of the constitution during democratic transition is that it can back indigenous peoples’ demands. Constitutional reform during democratic transition enables indigenous peoples to challenge the state's ‘internal colonialism’. The democratic institutions and democratic rights established and guaranteed by the constitution open possibilities for indigenous peoples to push for constitutional reforms that promote ‘internal decolonization’. This means

APA, Harvard, Vancouver, ISO, and other styles

6

Hammons, Christopher W. "Was James Madison Wrong? Rethinking the American Preference for Short, Framework-Oriented Constitutions." American Political Science Review 93, no. 4 (1999): 837–49. http://dx.doi.org/10.2307/2586116.

Full text

Abstract:

American constitutional thought has long held that short, framework-oriented constitutions last longer than lengthy, statute-oriented constitutions. The longevity of the U.S. Constitution contributes heavily to this assumption. Not surprisingly, political scientists criticize state constitutions for their greater length and tendency to address issues better dealt with through ordinary statute law. These “defects” are frequently cited as responsible for the shorter lifespan of state constitutions. An examination of the 145 constitutions used by the American states since 1776, however, reveals a

APA, Harvard, Vancouver, ISO, and other styles

7

Brown, Adam R., and Jeremy C. Pope. "Measuring and Manipulating Constitutional Evaluations in the States: Legitimacy Versus Veneration." American Politics Research 47, no. 5 (2018): 1135–61. http://dx.doi.org/10.1177/1532673x18776626.

Full text

Abstract:

American civil religion places the U.S. Constitution on a pedestal. Although this veneration is well-documented, it is unclear where it originates and why other constitutions do not attract the same reverence. We develop a measure of constitutional respect and conduct a randomized survey experiment testing whether new information can change respondents’ evaluations of their state or national constitutions. We find that people do respond to new information about state constitutions, but not to information about the national document, suggesting that Americans view the U.S. Constitution with the

APA, Harvard, Vancouver, ISO, and other styles

8

Bielov, Dmytro, and Myroslava Hromovchuk. "THE BASIC LAW OF THE STATE: LEGAL AND POLITICAL CONTENT." Baltic Journal of Economic Studies 5, no. 3 (2019): 59. http://dx.doi.org/10.30525/2256-0742/2019-5-3-59-66.

Full text

Abstract:

The scientific publication is devoted to highlighting the peculiarities of the legal nature of the constitution. The authors consider the structure and content of the constitution of the state in the context of its functions. The specificity of the content of the newest constitutions in the history of world constitutionalism is considered. The correlation between the constitution and the state policy is established. Modern approaches to understanding the nature of the constitution are considered. The legal nature of the Constitution of Ukraine is determined. Proven, the main and still unresolv

APA, Harvard, Vancouver, ISO, and other styles

9

Patlachuk, Vasyl. "Comparative analysis of quantitative indicators of Polish Constitutions." Legal Ukraine, no. 10 (November 27, 2020): 34–41. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-6.

Full text

Abstract:

The process of development of Polish constitutionalism is considered in the work. The first legal act, which had the features of the Constitution were the Articles of King Henry of Valois. The reason for preparing this document was the need to conclude an agreement between the heir to the French throne and the Polish nobility, who wanted to preserve their rights and freedoms. The content of this document was influenced by the Great Charter of Freedoms «Magna Garta» of 1215, which reflected the mechanism of limiting state power through the establishment of material and procedural requirements f

APA, Harvard, Vancouver, ISO, and other styles

10

Meyer Resende, Madalena. "A Holy Alliance between the Catholic Church and Constitution-Makers? The Diffusion of the Clause of Cooperation in Third Wave Democracies." Politics and Religion 11, no. 1 (2017): 55–78. http://dx.doi.org/10.1017/s1755048317000311.

Full text

Abstract:

AbstractWhat explains the adoption of the regime of cooperation between church and the state in the democratic constitutions of Spain and Poland, while Portugal maintained a regime of strict separation in the United States and French tradition? The explanation could be that a consensual constitution-making process resulted in a constitutional formula accommodating religion and guaranteeing religious freedoms. Alternatively, the constitutional regime of cooperation could result from the diffusion of international norms to national constitutions, in this case, the cosmopolitan law of the church.

APA, Harvard, Vancouver, ISO, and other styles

11

WARREN, MICHAEL. "A Case Study in Federalism - the United States and Michigan Constitutions: Not Double Vision, Double Constitutions." Michigan Academician 47, no. 2 (2021): 202–19. http://dx.doi.org/10.7245/0026-2005-47.2.202.

Full text

Abstract:

ABSTRACT Each citizen in America lives under two Constitutions - the United States, federal Constitution which applies to all citizens, and the constitution of the state in which the citizen lives. Often overlooked and basically unknown, the state constitutions play a vital role in governance and preserving our unalienable rights. Perhaps the best way to understand each constitution is to compare and contrast them. Accordingly, as a case study, this article examines the age, length, predecessors, drafting process, conventions, ratification process, and amendment procedures of the State of Mich

APA, Harvard, Vancouver, ISO, and other styles

12

Setiawan, Fandi. "Peran Guru dalam Menumbuhkembangkan Kesadaran Konstitusional di Daerah Tertinggal melalui Penghayatan Nilai-Nilai Luhur Pancasila." JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL 12, no. 1 (2020): 178. http://dx.doi.org/10.24114/jupiis.v12i1.16311.

Full text

Abstract:

The 1945 Constitution as the constitution of the Republic of Indonesia is the supreme law which serves as a guideline for lower laws and for state administrators and the wider community. The amendments to the 1945 Constitution were only limited to the achievement at the written constitution stage, not yet reached the living constitution stage. The constitution should begin to be implemented consistently and consistently. In fact, until now there is still a gap between the constitution on paper and the constitution in reality. The neglect and lack of understanding of the constitutional points s

APA, Harvard, Vancouver, ISO, and other styles

13

Venter, Francois. "South Africa: A Diceyan Rechtsstaat?" Symposium: Mixed Jurisdictions 57, no. 4 (2012): 721–47. http://dx.doi.org/10.7202/1013029ar.

Full text

Abstract:

South Africa’s transformation to constitutionalism in 1994 saw the addition to a mixed legal system of a supreme constitution that requires all law to conform to its provisions, principles, and values. This new constitutional design was developed for the circumstances and modeled on existing liberal democratic constitutions, the most influential of which were Canadian and German. Adopted in 1993, the first constitution introduced the notion of the “constitutional state” but being only a transitional document, it provided for the creation of a “final” constitution crafted in conformity with pre

APA, Harvard, Vancouver, ISO, and other styles

14

Amir, Shamaila, and Fayyaz Ahmad. "Constitutional Development and Political (in) stability of Pakistan: An Analysis Since Inception of Pakistan till 2018." RMC Journal of Social Sciences and Humanities 1, no. 3 (2020): 14–20. http://dx.doi.org/10.46256/rmcjsochum.v1i3.38.

Full text

Abstract:

The paper attempts to study constitutional development in Pakistan in relation to the political instability or stability of the country. Analysis of the secondary data qualitatively revealed that the country suffered much due to political instability which was a result of the non-development and non-availability of the constitution. As the constitution provides a set of rules for people of a state who agree to live together and it is the basic set of principles through which a state is governed, the newly established state of Pakistan initially adopted the 1935 India Act to run the affairs. Th

APA, Harvard, Vancouver, ISO, and other styles

15

Jastrzębski, Robert. "Sądownictwo konstytucyjne w państwie polskim w XX wieku." Zeszyty Prawnicze Biura Analiz Sejmowych 2, no. 70 (2021): 50–81. http://dx.doi.org/10.31268/zpbas.2021.22.

Full text

Abstract:

The article concerns the constitutional judiciary in the Polish state in relation to the formation of the rule of law in Europe. The author describes the history of systemic postulates regarding examining the compliance of laws with the constitution, shows the provisions of successive constitutions of the interwar period and after 1945, and indicates that the economic, social and political crisis in the late 1980s and early 90s forced changes in the system. The result was the amendment of the 1952 Constitution in 1982, the Constitutional Tribunal having been established as late as 1985. Nowada

APA, Harvard, Vancouver, ISO, and other styles

16

Bulman-Pozen, Jessica, and Miriam Seifter. "The Democracy Principle in State Constitutions." Michigan Law Review, no. 119.5 (2021): 859. http://dx.doi.org/10.36644/mlr.119.5.democracy.

Full text

Abstract:

In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal Constitution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few. This Article argues that a vital response has been neglected. State cons

APA, Harvard, Vancouver, ISO, and other styles

17

Frowein, JA. "Constitutional law and international law at the turn of the century." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.

Full text

Abstract:

Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rig

APA, Harvard, Vancouver, ISO, and other styles

18

Jisheng, Xia. "Evolution of South Africa's Racist Constitutions and the 1983 Constitution." Issue: A Journal of Opinion 16, no. 1 (1987): 18–23. http://dx.doi.org/10.1017/s0047160700008866.

Full text

Abstract:

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this artic

APA, Harvard, Vancouver, ISO, and other styles

19

Shamrai, V., and I. Sliusarenko. "TRANSFORMATION OF STATE SOVEREIGNTY IN MODERN CONDITIONS OF CONSTITUTIONAL LAW DEVELOPMENT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 62–65. http://dx.doi.org/10.17721/1728-2195/2021/1.116-13.

Full text

Abstract:

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration.

APA, Harvard, Vancouver, ISO, and other styles

20

Winarno, Winarno. "PEMIKIRAN ARISTOTELES TENTANG KEWARGANEGARAAN DAN KONSTITUSI." HUMANIKA 21, no. 1 (2015): 56. http://dx.doi.org/10.14710/humanika.21.1.56-62.

Full text

Abstract:

Citizenship includes elements of identity, participation, rights, obligations, and acceptance of shared social values. Aristotle, the ancient Greek thinker states that citizenship is a form of citizen participation in public life. Good citizens are those engaged in public life better while being ruled and governed. Citizenship can not be separated from the concept of the constitution. Determining who is a citizen based on the state constitution. There is a "Wrong Constitutions", which includes Tirany, Oligarchy and Democracy and the "Right Constitutions", covers Kingship, Aristocracy and Polit

APA, Harvard, Vancouver, ISO, and other styles

21

Butler, W. "Five Generations of Russian Constitutions: Russia as Part of the Western Legal Heritage." BRICS Law Journal 6, no. 3 (2019): 13–21. http://dx.doi.org/10.21684/2412-2343-2019-6-3-13-21.

Full text

Abstract:

The paper is devoted to the study of the relationship between the Russian constitutional history and Western legal traditions. The author argues the position according to which the constitutionalism has been a part of Russian legal history for centuries. On one view of Russian legal history, a written constitution remained an aspiration of the Russian people that was only partly realized in 1906. Marxist legal thought contemplated, or predicted, the “withering away of law” after a proletarian Revolution; adopting a constitution seemed counter-intuitive to this projected vector of history. This

APA, Harvard, Vancouver, ISO, and other styles

22

Bielov, Dmytro, and Myroslava Hromovchuk. "THE CONSTITUTION OF THE STATE IN THE CONTEXT OF ITS FUNCTIONS." Constitutional and legal academic studies, no. 2 (July 16, 2021): 61–68. http://dx.doi.org/10.24144/2663-5399.2020.2.07.

Full text

Abstract:

Purpose. The scientific publication is devoted to highlighting the peculiarities of the legal nature of the constitution. The authors consider the structure and content of the constitution of the state in the context of its functions. The specificity of the content of the newest constitutions in the history of world constitutionalism is considered. Methods. The methodological basis of the work is a post-positivist methodology for the study of the problems of the paradigm of contemporary Ukrainian constitutionalism, which is an orderly system of mutually agreed ideological principles and

APA, Harvard, Vancouver, ISO, and other styles

23

Grabowski, Radosław. "The principles that guided the of amending the Constitution of Greece in 1975 in the light of available classifications." Studia Politologiczne 2020, no. 56 (2020): 183–94. http://dx.doi.org/10.33896/spolit.2020.56.12.

Full text

Abstract:

Of all the procedures regulated by legal acts recognized as full constitutions, the provisions regulating the changes to the constitution play a particular role in the system. Their design determines the possibility or impossibility of adapting the basic law to the changing social, economic and political realities, which may reflect the constitutional stability, but it also stabilizes the constitution of a state into a certain shape. The proposed divisions, as well as the precise instruments of constitutional classification based thereon, can facilitate academic discourse and enrich didactics.

APA, Harvard, Vancouver, ISO, and other styles

24

Karpenko, K. V. "Constitutional identity and institutional autonomy of state." Journal of Law and Administration 17, no. 2 (2021): 33–41. http://dx.doi.org/10.24833/2073-8420-2021-2-59-33-41.

Full text

Abstract:

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. C

APA, Harvard, Vancouver, ISO, and other styles

25

Terkovich, Jessica, and Aryeh Frank. "Constitutionalizing Access." Journal of Civic Information 3, no. 1 (2021): 1–17. http://dx.doi.org/10.32473/joci.v3i1.129179.

Full text

Abstract:

State constitutions receive relatively little academic attention, yet they are the source of significant substantive rights—and, when compared to the U.S. Constitution, they are relatively easily amended to comport with contemporary needs and values. Unlike the constitutions of dozens of other nations, the U.S. Constitution contains no explicit recognition of a right to information from the government, and the Supreme Court has declined to infer that such a right exists, apart from narrow exceptions. Conversely, seven states expressly memorialize the public’s right of access to government meet

APA, Harvard, Vancouver, ISO, and other styles

26

Suharno, Suharno, Amir Junaidi, and Muhammad Aziz Zaelani. "Embodying The Meaning Of The Guardian Of The Constitution In The Role Of The Constitutional Court Of Reducing Constitutions Indicated By Policy Corruption." International Journal of Educational Research & Social Sciences 2, no. 3 (2021): 592–99. http://dx.doi.org/10.51601/ijersc.v2i3.88.

Full text

Abstract:

Purpose of this study was to answer two problems: (i) how is the guardian of the constitution embodied through the function of the Constitutional Court; and (ii) how the Constitutional Court as the guardian of the constitution reduces constitutions that are indicated by the policy corruption. Policy corruption is an invisible and covert element that able to threaten the synergy of the legal system and the public interest. The form of policy corruption is realized in the form of a law. Efforts that can be made to reduce the policy corruption are to implement the tight control over the media, wh

APA, Harvard, Vancouver, ISO, and other styles

27

Negretto, Gabriel. "Constitution-making and liberal democracy: The role of citizens and representative elites." International Journal of Constitutional Law 18, no. 1 (2020): 206–32. http://dx.doi.org/10.1093/icon/moaa003.

Full text

Abstract:

Abstract This article discusses the impact of citizen participation and elite cooperation in constitution-making on the deepening of an already existing electoral democracy. It argues that while direct citizen involvement in the drafting of constitutions may be desirable on normative grounds or necessary for pragmatic reasons, only cooperation among a plurality of elected political representatives at the constitution-making stage is likely to improve the liberal dimension of democracy after the enactment of the new constitution. Inclusive constitutional agreements at the level of representativ

APA, Harvard, Vancouver, ISO, and other styles

28

Riksawan, Judha. "Constitutional Rights in Indonesia." International Journal of Global Community, no. 1(March) (March 31, 2018): 56–68. http://dx.doi.org/10.33473/ijgc-ri.vol.0.no.1(march).2018.56-68.

Full text

Abstract:

The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The Constitution is the basis of state organizers to be implemented, so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of constitutional rights in Indonesia.

APA, Harvard, Vancouver, ISO, and other styles

29

Riksawan, Judha. "Constitutional Rights in Indonesia." International Journal of Global Community 1, no. 1(March) (2018): 56–68. http://dx.doi.org/10.33473/ijgc-ri.vol.1.no.1(march).2018.56-68.

Full text

Abstract:

The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The Constitution is the basis of state organizers to be implemented, so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of constitutional rights in Indonesia.

APA, Harvard, Vancouver, ISO, and other styles

30

Tregubov, Mikhail V. "The proceeding of the amending the constitution of Russian federation: comparative analysis." Russian Journal of Legal Studies 6, no. 3 (2020): 123–29. http://dx.doi.org/10.17816/rjls19114.

Full text

Abstract:

The article is devoted to analysis of the provisions of the constitutions of the Russian Federation and the French Republic on the procedure for amending the text of the Constitution. On the premise of the legal and socio-political proximity of the constitutional systems of the Russian Federation and the Fifth French Republic, the author makes a comparative analysis of the provisions of the Constitution of Russia of 1993 year and the French Constitution of 1958 year, paying particular attention to the point of making changes and amendments into the text of the Main laws of Russia and France.&#

APA, Harvard, Vancouver, ISO, and other styles

31

Chandranegara, Ibnu Sina, and Rantawan Djanim. "Managing Power Sharing of the State on Islamic Modern Society: a Case Study of Indonesia." JURNAL Al-AZHAR INDONESIA SERI HUMANIORA 5, no. 1 (2019): 38. http://dx.doi.org/10.36722/sh.v5i1.330.

Full text

Abstract:

<p class="Abstract"><em>Abstract </em><strong>- </strong><strong>On reasearch "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into

APA, Harvard, Vancouver, ISO, and other styles

32

Lee, Si-Woo, Eun-Su Jang, Jeon Lee, and Jong Yeol Kim. "Current Researches on the Methods of Diagnosing Sasang Constitution: An Overview." Evidence-Based Complementary and Alternative Medicine 6, s1 (2009): 43–49. http://dx.doi.org/10.1093/ecam/nep092.

Full text

Abstract:

Sasang constitution diagnosis has traditionally been conducted by a Sasang constitutional medicine (SCM) doctor who examines the external appearance, temperament and various symptoms of an individual and then collectively analyzes this information to determine their own constitutions. However, because this process is subjective and not quantitative, many researchers have been attempting to develop objective and reasonable methods of determining constitutions. In Korea, even though a wide range of research regarding SCM has been conducted, most of the work has not been revealed internationally.

APA, Harvard, Vancouver, ISO, and other styles

33

Hamdi, Mirja Fauzul. "Reformulation of the Position of Auxiliary State Institutions as Legal Standing Related to Authority Disputes of State Institution." Kanun Jurnal Ilmu Hukum 23, no. 1 (2021): 1–21. http://dx.doi.org/10.24815/kanun.v23i1.19869.

Full text

Abstract:

This research aims to examine the reformulation meaning of legal standing of state institutions in authority disputes cases between state institutions and the juridical implications of the legal standing of auxiliary state institutions as parties in the authority disputes cases of state institutions. Authority disputes may arise along with the development of state institutions based on their needs and interests in dealing with certain legal issues. This approach uses a normative method with descriptive analytical specifications. The results of the study show that the meaning of state instituti

APA, Harvard, Vancouver, ISO, and other styles

34

O’Mahony, Conor. "Constitutional Protection of Children’s Rights: Visibility, Agency and Enforceability." Human Rights Law Review 19, no. 3 (2019): 401–34. http://dx.doi.org/10.1093/hrlr/ngz017.

Full text

Abstract:

Abstract While almost every state in the world has ratified the United Nations Convention on the Rights of the Child, there is less consensus around the manner in which the rights protected by it should be protected in national constitutions. To say that a constitution makes provision for children’s rights is just a starting point: the extent to which a national constitution takes a genuine child rights approach will depend on the quality of the constitutional provisions in question. This article aims to provide a typology which can be used to assess whether the approach taken by any given con

APA, Harvard, Vancouver, ISO, and other styles

35

Balaj, Luz. "The Procedure of Constitutional Amendment – Comparative Reviews of European Practices." International Journal of Social Science Studies 6, no. 7 (2018): 57. http://dx.doi.org/10.11114/ijsss.v6i7.3402.

Full text

Abstract:

Constitutional changes in a state with written constitution are carried out on the basis of a rule that has been set out by the constitution itself. In practice, many authors refers to articles that define the way of changing the constitution as "rules that define rules" (See for more Tracy Di Fillippo, How to Make Objections to Discovery under the Amended Rules, 25 Pretrial Prac. & Discovery 1, 2016.) Depending on the content of these rules, two sets of constitutions are generally formulated in the theory of constitutional right. The first are the flexible constitutions, which are amended

APA, Harvard, Vancouver, ISO, and other styles

36

김연식. "Societal Constitution: From State-Political Constitution to Transnational Societal Constitution." Korean Journal of Legal Philosophy 21, no. 1 (2018): 111–64. http://dx.doi.org/10.22286/kjlp.2018.21.1.004.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Martorano Miller, Nancy, Keith E. Hamm, Maria Aroca, and Ronald D. Hedlund. "An Alternative Route to Voting Reform: the Right to Vote, Voter Registration, Redistricting and U.S. State Constitutions." Publius: The Journal of Federalism 49, no. 3 (2019): 465–89. http://dx.doi.org/10.1093/publius/pjz013.

Full text

Abstract:

Abstract The U.S. Constitution reserves to states the responsibility for regulating most aspects of elections. Recently, the Supreme Court has weakened the tools for federal officials to challenge state elections practices under the Voting Rights Act and signaled a great deal of deference to state authority over election law. As a result, state legislatures’ latitude to regulate elections is constrained primarily by state constitutions. With voter ID laws and partisan gerrymandering commanding considerable attention in recent years, it is important to investigate the importance of state consti

APA, Harvard, Vancouver, ISO, and other styles

38

VERSTEEG, MILA, and EMILY ZACKIN. "Constitutions Unentrenched: Toward an Alternative Theory of Constitutional Design." American Political Science Review 110, no. 4 (2016): 657–74. http://dx.doi.org/10.1017/s0003055416000447.

Full text

Abstract:

T his article highlights a gap between a great deal of constitutional theory and a great deal of the practice of democratic constitution-making. Drawing on data from democratic national and state constitutions, we challenge the consensus among constitutional theorists that a central purpose of constitutionalism is the entrenchment (the fortification against future change) of broad principles. The empirical reality is that the majority of democratic constitutions today are subject to frequent revision, and are therefore ill-equipped to facilitate the entrenchment of their contents. To explore t

APA, Harvard, Vancouver, ISO, and other styles

39

Fauzani, Muhammad Addi, Nur Aqmarina Deladetama, Muhammad Basrun, and Muhammad Khoirul Anam. "Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment." Lentera Hukum 7, no. 1 (2020): 69. http://dx.doi.org/10.19184/ejlh.v7i1.13953.

Full text

Abstract:

The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitut

APA, Harvard, Vancouver, ISO, and other styles

40

Fauzani, Muhammad Addi, Nur Aqmarina Deladetama, Muhammad Basrun, and Muhammad Khoirul Anam. "Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment." Lentera Hukum 7, no. 1 (2020): 69. http://dx.doi.org/10.19184/ejlh.v7i1.13953.

Full text

Abstract:

The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitut

APA, Harvard, Vancouver, ISO, and other styles

41

Cornell, Anna Jonsson, and Janne Salminen. "Emergency Laws in Comparative Constitutional Law – The Case of Sweden and Finland." German Law Journal 19, no. 2 (2018): 219–50. http://dx.doi.org/10.1017/s2071832200022677.

Full text

Abstract:

Within Scandinavia, Sweden stands out for not having gone to war in over 200 years. Its neighboring states—Finland, Denmark, and Norway—have not been as fortunate. Their respective constitutions each provide insight into their different experiences. The Swedish Constitution remains silent on emergency situations that do not rise to the predefined level of “war.” The Finnish constitution differs from the Swedish in that it allows for time-limited restrictions to protect fundamental rights and freedoms during a state of emergency, aggression, or any other situation that poses a severe threat to

APA, Harvard, Vancouver, ISO, and other styles

42

Kenny, David. "The Virtues of Unprincipled Constitutional Compromises: Church and State in the Irish Constitution." European Constitutional Law Review 16, no. 3 (2020): 417–39. http://dx.doi.org/10.1017/s1574019620000218.

Full text

Abstract:

Constitution making – Disagreement – Principled constitutionalism versus unprincipled bargaining – Pragmatism – Church and state – Separation of religion and law – Maintaining religious peace – Drafting of the Irish Constitution of 1937 – Placating Irish Catholicism – Accommodation of protestant religious minority – Balancing religious freedom and religiosity – Balancing fundamental rights and religious influence – Flexibility and adaptability – Pragmatic assessment of constitutions and constitution making

APA, Harvard, Vancouver, ISO, and other styles

43

Barber, NW. "The Constitution, The State and the European Union." Cambridge Yearbook of European Legal Studies 8 (2006): 37–58. http://dx.doi.org/10.5235/152888712802731188.

Full text

Abstract:

Is the european Union a state? Does it possess a constitution? And, accompanying these conundrums, if the Union lacks these characteristics, should we seek to confer them on it? There are some questions which are easier to answer than to understand, and questions about the statehood and constitution of the Union are of this nature. Pragmatic scholars have tended to dispose of such matters briskly; confident that their answers were correct, even if unsure of the basis for their confidence. The decision to entitle the product of the European Convention a ‘constitution’ has given these questions

APA, Harvard, Vancouver, ISO, and other styles

44

Barber, NW. "The Constitution, The State and the European Union." Cambridge Yearbook of European Legal Studies 8 (2006): 37–58. http://dx.doi.org/10.1017/s1528887000004651.

Full text

Abstract:

Is the european Union a state? Does it possess a constitution? And, accompanying these conundrums, if the Union lacks these characteristics, should we seek to confer them on it? There are some questions which are easier to answer than to understand, and questions about the statehood and constitution of the Union are of this nature. Pragmatic scholars have tended to dispose of such matters briskly; confident that their answers were correct, even if unsure of the basis for their confidence. The decision to entitle the product of the European Convention a ‘constitution’ has given these questions

APA, Harvard, Vancouver, ISO, and other styles

45

Faraguna, Pietro. "Regulating Religion in Italy." Journal of Law, Religion and State 7, no. 1 (2019): 31–56. http://dx.doi.org/10.1163/22124810-00701003.

Full text

Abstract:

This article focuses on state-church relations and on the peculiar implementation of the “idea of secularism” in Italy. First, it explores the formal provisions of the 1848 Constitution. Next, it investigates constitutional provisions that came into force in 1948. Finally, it examines how the actors of the living constitution (legislators, the government, judges, and the Constitutional Court in particular) tried to balance and develop the potentially conflicting principles included in the 1948 Constitution in the area of religious freedom, equality, and state-church relations. The article expl

APA, Harvard, Vancouver, ISO, and other styles

46

Praptini, Sri Praptini, Sri Kusriyah Kusriyah, and Aryani Witasari. "Constitution and Constitutionalism of Indonesia." Jurnal Daulat Hukum 2, no. 1 (2019): 7. http://dx.doi.org/10.30659/jdh.v2i1.4149.

Full text

Abstract:

The term constitution comes from a constituer which means to form, that is , the whole of the rules both written and unwritten which regulate in a binding manner the way a government is held in a society. Constitutionalism in the strict sense is that the administration of the government which islimited by the Constitution, in a broad sense, is a set of political values and aspirations that reflect the desire to protect freedom by carrying out internal and external supervision of government power.There are differences and similarities in the four constitutional ions in Indonesia: a) Procedural

APA, Harvard, Vancouver, ISO, and other styles

47

Stremlau, Nicole. "Media, Participation and Constitution-Making in Ethiopia." Journal of African Law 58, no. 2 (2014): 231–49. http://dx.doi.org/10.1017/s0021855314000138.

Full text

Abstract:

AbstractThe role of communications in facilitating public participation in constitution-making is often neglected and misunderstood, particularly in post-war state-building when mass media may be weak. In the early 1990s, Ethiopia's ruling party, the Ethiopian People's Revolutionary Democratic Front (EPRDF), drafted one of Africa's most ambitious constitutions, allowing for ethnic federalism, decentralization and democratic reforms. The constitution has been highly controversial and many of its aspirations remain unrealized. This article explores how the EPRDF sought to use the media to explai

APA, Harvard, Vancouver, ISO, and other styles

48

Eric Khushal Murkens, Jo. "Preservative or Transformative? Theorizing the U.K. Constitution Using Comparative Method." American Journal of Comparative Law 68, no. 2 (2020): 412–40. http://dx.doi.org/10.1093/ajcl/avaa015.

Full text

Abstract:

Abstract The complexities of the United Kingdom’s decision to withdraw from the European Union while simultaneously honoring its prior commitments to its decentralized, autonomous, and constituent regions have put constitutional questions back on the map. The dominant approach analyzes these questions premised on the “preservative” view of the constitution. This view prioritizes the stability and continuity of the institutions in Westminster (Parliament) and Whitehall (central executive). However, the preservative view of the constitution is theoretically and practically deficient as it cannot

APA, Harvard, Vancouver, ISO, and other styles

49

VANBERG, VIKTOR J. "Market and state: the perspective of constitutional political economy." Journal of Institutional Economics 1, no. 1 (2005): 23–49. http://dx.doi.org/10.1017/s1744137405000032.

Full text

Abstract:

The paper approaches the ‘market versus state’ issue from the perspective of constitutional political economy, a research program that has been advanced as a principal alternative to traditional welfare economics and its perspective on the relation between market and state. Constitutional political economy looks at market and state as different kinds of social arenas in which people may realize mutual gains from voluntary exchange and cooperation. The working properties of these arenas depend on their respective constitutions, i.e. the rules of the game that define the constraints under which

APA, Harvard, Vancouver, ISO, and other styles

50

Gataullin, Anas G., and Dinar R. Zaynutdinov. "“Khrushchev Constitution”: The path of a new constitutionalism." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (2021): 63–72. http://dx.doi.org/10.18500/1994-2540-2021-21-1-63-72.

Full text

Abstract:

Introduction. Scientific research on the process of preparing and developing the draft Constitution of the USSR in 1964 began to appear only in the post-Soviet period. In Soviet times, this topic was banned, and the project itself, being in the archive, was not available for research. The study of the “Khrushchev Constitution” only started in the post-Soviet period. Since the constitutional reforms carried out in the last decade (2008, 2014, 2020) caused a heated discussion in the scientific community, the study of the draft Constitution of the USSR in 1964 is gaining new relevance, allowing u

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!