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Relevant bibliographies by topics / Constitutional anomaly

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Academic literature on the topic 'Constitutional anomaly'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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Journal articles on the topic "Constitutional anomaly"

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Rahman, Faiz. "Anomali Penerapan Klausul Bersyarat dalam Putusan Pengujian Undang-Undang terhadap Undang-Undang Dasar." Jurnal Konstitusi 17, no. 1 (2020): 027. http://dx.doi.org/10.31078/jk1712.

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Dalam pelaksanaan pengujian undang-undang oleh Mahkamah Konstitusi, satu dinamika yang terjadi adalah digunakannya klausul bersyarat melalui putusan konstitusional bersyarat (conditionally constitutional) maupun inkonstitusional bersyarat (conditionally unconstitutional). Lebih lanjut, penggunaan jenis putusan bersyarat rupanya juga memiliki dinamikanya tersendiri, terutama berkaitan dengan pemaknaan terhadap klausul bersyarat. Hal ini dapat ditunjukkan dengan adanya putusan yang mencantumkan klausul konstitusional bersyarat dalam pertimbangan hukumnya, tetapi dalam amar putusannya dinyatakan

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Štemberger Brizani, Katja. "The Legal Dilemmas of the Drinking Water Supply in the Republic of Slovenia." Central European Academy Law Review 2, no. 1 (2024): 49–66. https://doi.org/10.62733/2024.1.49-66.

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Slovenia is one of the few European countries where the right to drinking water is explicitly recognised by the highest legal act. It was included in the Constitution of the Republic of Slovenia in 2016 (Article 70a), but it was constitutionally protected even before that (under the right to life, personal dignity, and the right to a healthy living environment). Although the explicit recognition of this right at the highest level is important, it raised many dilemmas that have not yet been (fully) resolved. Specifically, the constitutional law has excluded the possibility of providing drinking

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Aliyu, Garba, Ibrahim Enesi Umar, Irunokhai Eric Aghiomesi, Hassan Jimoh Onawola, and Sandip Rakshit. "Anomaly Detection of Budgetary Allocations Using Machine-Learning-Based Techniques." Advances in Science and Technology 107 (June 28, 2021): 174–81. http://dx.doi.org/10.4028/www.scientific.net/ast.107.174.

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In Nigeria, a crucial responsibility of the executive arms of the government is to submit annual budgetary allocations to the national assembly for approval. Due to the diversity and complexity of the budget, the national assembly is mandated to carry out its constitutional duty of scrutinizing the budget to discover irregularity or anomaly, make recommendations, or substantial modification upon what it received. This is very challenging, particularly in Nigeria where there are many different ethnicities and regional, to ensure inclusiveness, the national assembly must carry out its constituti

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Baboolal-Frank, Rashri, and Fola Adeleke. "The limitation of the discovery rules of Court against the right of access to information in South Africa." Revista Direito GV 13, no. 3 (2017): 1029–51. http://dx.doi.org/10.1590/2317-6172201740.

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Abstract In South Africa, the Promotion of Access to Information Act 2 of 2000 (PAIA) gives effect to the right of access information in Section 32 of the South African Constitution (the Constitution). Section 7 of PAIA provides that PAIA does not apply to records required for criminal or civil proceedings after commencement of proceedings where access to that record is already provided for in any other law. Where records are obtained in contravention of Section 7, they are not admissible as evidence in criminal or civil proceedings. The aim of this paper is to determine whether the discovery

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Ukoh, Francis N. Ukoh, and Rita A. Ngwoke. "Immunity Clause under the 1999 Constitution of Nigeria: A Dire Need for Reform." Journal of Politics and Law 14, no. 2 (2020): 47. http://dx.doi.org/10.5539/jpl.v14n2p47.

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Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President,

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Čačík, Marián. "Dudová and Duda before the Czech Constitutional Court: The question of autonomy of religious organizations." Studia z Prawa Wyznaniowego 25 (December 22, 2022): 67–90. http://dx.doi.org/10.31743/spw.13768.

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In the Czech Republic, the autonomy of churches is constitutionally guaranteed in a rather broad manner. The constitutional and legal basis for Church autonomy lies in the Charter of Fundamental Rights and Freedoms, which is part of the Czech constitutional order. It represents both an objective institutional guarantee (religious neutrality of the state) and the subjective right of religious communities to independence from the state and self-governance of their own affairs (the right to self-determination). Compared to other domains of the said autonomy, the staffing of churches is a relative

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Daly, Eoin. "Popular Sovereignty After Brexit." German Law Journal 23, no. 1 (2022): 1–18. http://dx.doi.org/10.1017/glj.2022.3.

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AbstractThe Brexit referendum highlights the apparently anomalous role of the “people” in the constitutional order of the United Kingdom. Politically speaking, its verdict is acknowledged as unassailable and unaccountable, yet this “sovereign” status has no legal grounds. In turn, some commentators have argued that this discrepancy between “political” and “legal” understandings of popular sovereignty—or the failure to properly institutionalize popular sovereignty in a legal-constitutional form—represents a distinct site of constitutional crisis in its own right. However, I argue that such clai

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Pawe, Taufan, La Ode Husen, and Abd Kahar Muzakkir. "The Paradox of a Rule of Law State: A Critical Reflection on the Dialectic between Discourse and Reality in the Eradication of Corruption in Indonesia." Sovereign: International Journal of Law 7, no. 1-2 (2025): 1–17. https://doi.org/10.37276/sijl.v7i1-2.56.

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Although Indonesia is constitutionally a rule-of-law state as enshrined in Article 1(3) of the 1945 Constitution, the persistence of systemic corrupt practices, as reflected in the stagnant Corruption Perception Index score, indicates a fundamental paradox. This article aims to conduct an in-depth critical analysis of this paradox by dissecting the dialectic between the normative anti-corruption discourse and the realities of political pragmatism and socio-cultural logic. Employing a normative legal research method enriched by an interdisciplinary approach—encompassing constitutional philosoph

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Al-Rasbi, Talal. "Women and Nationality Laws in the GCC States Gender Discrimination and Violation of Constitutional Rights." International Journal of Religion 5, no. 7 (2024): 441–51. http://dx.doi.org/10.61707/9waxda32.

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The paper reviews the situation of a number of GCC states where women married to non-national husbands find themselves and their children in a unique and un-justiciable position. The paper systematically reviews constitutional provisions for equality, and looks at the case law in these states that promise gender equality for all before the law. But it notes that a major exception in all GCC states is that of the right of women married to non-national men, to pass nationality to their children. The objectives of this article rest on proving that nationality laws of the GCC States appertaining t

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Roche, Ana, Jaume Mora, Maria del Mar Perez, et al. "Axenfeld-Rieger ocular anomaly and retinoblastoma caused by constitutional chromosome 13q deletion." Pediatric Blood & Cancer 54, no. 3 (2009): 480–82. http://dx.doi.org/10.1002/pbc.22354.

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Dissertations / Theses on the topic "Constitutional anomaly"

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Січненко, Петро Іванович, Петр Иванович Сичненко, Petro Ivanovych Sichnenko та О. В. Рибалко. "Частота бронхолегеневої патології у дітей з аномаліями конституції". Thesis, Вид-во СумДУ, 2006. http://essuir.sumdu.edu.ua/handle/123456789/6889.

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BUSSOLETTI, ANDREA. "L’età berlusconiana. Il centro destra dai Poli alla Casa della Libertà. 1994-2001." Doctoral thesis, 2015. http://hdl.handle.net/2158/854513.

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La tesi realizza un'analisi dei processi che hanno portato alla nascita ed alla trasformazione, fra la svolta del 1993 e il 2001, dei tre soggetti politici principali della Destra italiana: Forza Italia, Lega e Alleanza Nazionale. Di ciascuna forza politica, sono analizzate le dinamiche evolutive sotto il profilo politico, gli aspetti pregnanti della trasformazione culturale ed infine le caratteristiche della nuova élite politica affermatasi dopo la la rottura storica del sistema dei partiti vigente nel biennio 1992-1994. Partendo dalle singole forze la tesi ricostruisce le dinamiche di siste

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Books on the topic "Constitutional anomaly"

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Cesarini, Antonella. Una rivoluzione in forma di legge: Malta 1974, storia di una anomala revisione costituzionale : con testo della Costituzione. CEDAM, 1997.

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Cuccodoro, Enrico. Cronaca di una crisi: Costituzione materiale e formale tra anomalia, finzione, regola. Congedo, 1991.

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Garner, Oliver. Constitutional Disintegration and Disruption. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198914136.001.0001.

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Abstract The United Kingdom’s unprecedented withdrawal from the European Union in 2020 may be regarded as the first example of European ‘disintegration’. This moment, however, was preceded by decades of ‘disruption’ as the United Kingdom, Ireland, and Denmark pursued opt-outs from the supranational constitutional order. This book presents the European Union as an order that is legitimated by individuals playing a dual role as both nationals of Member States and citizens of the Union; in turn, individuals are both democratic subjects and juridical objects. The EU Treaties have instituted a ‘tri

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Vallier, Kevin. Must Politics Be War? Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190632830.001.0001.

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Americans are far less likely to trust their institutions, and one another, than in decades past. This collapse in social and political trust arguably inspires our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that today we live under the historic norm. For politics itself is nothing more than a struggle for power between groups with irreconcilable aims. Contemporary American politics is war because political life as such is war. This book argues that our shared libera

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Book chapters on the topic "Constitutional anomaly"

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Van Elsuwege, Peter. "The Phenomenon of Reverse Discrimination: An Anomaly in the European Constitutional Order?" In The EU after Lisbon. Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-04591-7_7.

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Smith, Raymond A. "The U.S. Constitution." In The American Anomaly. Routledge, 2018. http://dx.doi.org/10.4324/9781351034821-2.

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Redish, Martin H. "Constitutional Remedies as Due Process of Law." In Due Process As American Democracy. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197747414.003.0007.

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Abstract Like the chapter that precedes it, this chapter focuses on due process issues in the context of pure constitutional law. It concerns the often ignored anomaly of allowing the very majoritarian branches of government that are the primary regulatory targets of the countermajoritarian US Constitution to have all but total control over the remedies which the courts are permitted to issue to prevent or punish violations of that Constitution. The chapter argues that abdicating the judicial responsibility to ensure that the majoritarian branches of government do not violate the Constitution

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Jaffrelot, Christophe, and Pratinav Anil. "A Constitutional Dictatorship." In India's First Dictatorship. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197577820.003.0002.

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This chapter examines state repression and the discourse that served as its justification. It discusses the prime minister’s modus operandi of making democracy dependent on discipline and deeming any dissent to be anti-national. In 1971, she used a campaign slogan Garibi Hatao (Get Rid of Poverty) to justify the imposition of the state of emergency, claiming it was necessary to improve the lives of the poor. On the back of the 1971 election victory, laws such as the Maintenance of Internal Security Act (MISA), the Defence of India Act (DIR) and the Conservation of Foreign Exchange and Preventi

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Farber, Daniel A., and Suzanna Sherry. "How to Think About Discretion." In Judgment Calls. Oxford University PressNew York, NY, 2008. http://dx.doi.org/10.1093/oso/9780195371208.003.0004.

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Abstract What have we learned so far? First, judicial review is not an anomaly. Rather, it is a key part of our system of government. Complaints about judicial review are really complaints about constitutionalism (the idea of enforceable constitutional limits on government) and the separation of powers (limitations on the power of the legislature). And second, efforts to eliminate judicial discretion by providing recipes for deciding cases, like originalism or textualism, are ultimately frustrated by the inherent limits on the clarity of the constitutional text and constitutional history. Such

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Garner, Oliver. "Constituent Power, the Treaty Triptych, and the Role of Individuals." In Constitutional Disintegration and Disruption. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198914136.003.0002.

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Abstract This chapter introduces the concept of the European Union as a ‘supranational constitutional order’ as opposed to an ‘international treaty’ or ‘federal order’. It engages with the ‘dual-constituent thesis’ whereby individuals are conceived of as constructing the European Union as both nationals of Member States and citizens of the European Union and refines this into a ‘dual-legitimation thesis’. The chapter presents the EU Treaty clauses on accession, amendment, and withdrawal as a ‘triptych’ through which individuals exercise ‘constituted constituent power’. Opt-out Protocols are an

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Matić, Dejan. "UTICAJ POPULISTA NA USTAVNE DEMOKRATIJE." In ZBORNIK radova Pravnog fakulteta Univerziteta u Kragujevcu [Knj. 1]. University of Kragujevac, Faculty of Law, 2024. https://doi.org/10.46793/7623-143-0.169m.

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The paper discusses the influence of populists on constitutional democracies, the constitutional system and the position of the constitutional judiciary. Numerous countries in Europe, such as Turkey, Hungary, Poland and Bulgaria, are facing challenges brought by the rise of populist movements. Their impact on constitutional democracy can be deeply problematic since the conceptual determination of populism in a situation of stable functioning of the political system inevitably leads to the conclusion that it represents a kind of anomaly. Populist strategies often include attacks on the media an

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Yigit, Sureyya. "It Takes Two to Tango." In Advances in Public Policy and Administration. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-1654-2.ch004.

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British politics has traditionally been identified as a two-party political system throughout the post-war period. Single parties have formed governments in the United Kingdom, with the two major parties squeezing out any third-party challenger. The year 2010 was an anomaly. The result of the general election proved inconclusive, ending in a hung parliament. For the first time in over 60 years, coalition negotiations took place between the three main parties, and the Con-Dem coalition was agreed to. This coalition pushed forward constitutional changes relating to the timing of elections and pr

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"The U.S. Constitution." In The American Anomaly. Routledge, 2013. http://dx.doi.org/10.4324/9780203067482-12.

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Matić, Dejan. "AKSIOLOŠKE OSNOVE USTAVNE DEMOKRATIJE I POPULIZMA." In USKLAĐIVANjE pravnog sistema Srbije sa standardima Evropske unije: Knj.9. University of Kragujevac, Faculty of Law, 2021. http://dx.doi.org/10.46793/upssix.125m.

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The paper discusses the axiological foundations of constitutional democracy and populism, as well as the influence of populist movements on law, legal processes, liberal democracy and the state order as a whole. The conceptual definition of populism in the situation of stable functioning of the political system inevitably leads to the conclusion that it represents an anomaly and an absolutely retrograde political phenomenon in the conditions of globalization and constant changes in modern societies. A serious crisis of the political system, that is, consequently, of the state- legal order as a

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Conference papers on the topic "Constitutional anomaly"

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Dagen, Tomislav, and Marijana Majnarić. "PARLIAMENTARY ELECTORAL LEGISLATION – LAW vis á vis JUSTNESS OF ELECTORAL LEGISLATION IN THE REPUBLIC OF CROATIA IN THE PAST 20 YEARS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18302.

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In the last twenty years, through the democratic development of the Republic of Croatia, the problem of modernizing parliamentary electoral legislation and the need and desire to create a better and fairer electoral system as a whole, which will bring the Republic of Croatia into European integration and the map of Western democracies comes “to the surface”. In order for the implementation of the political desire to join Western democracies and bring the Republic of Croatia closer to the European Union realize its full potential, the electoral system was changed in 1999, and since then seven e

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