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Journal articles on the topic 'Constitutional Challenges'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Al-Sayed, Hassan Abdulrahim. "Qatar: Constitutional Challenges." Al-Abhath 70, no. 1-2 (2022): 111–40. http://dx.doi.org/10.1163/18115586-70010105.

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This chapter examines the development of Qatar’s constitutional system. It is divided into two main sections. The first is historic: it describes Qatar’s political and constitutional system under British authority, under the Provisional Basic Law of 1970 (‘the Provisional Basic Law’), and under the amended Provisional Basic Law of 1972 (‘the Amended Provisional Basic Law’). The second section examines the events leading up to the passage of a permanent Constitution in 2004 (the ‘2004 Constitution’, or the ‘Permanent Constitution’), and in this section we learn about the scope of the democratic

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Gomes, Juliana Cesario Alvim. "Bridging Past and Future: Transformative Constitutionalism and Directive Constitutions Amidst Authoritarian Challenges." Verfassung in Recht und Übersee 56, no. 3 (2023): 587–601. http://dx.doi.org/10.5771/0506-7286-2023-3-587.

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This article examines the intricate interplay between Transformative Constitutionalism, Directive Constitutions, and the erosion of constitutional values amid incremental authoritarian challenges, using Brazil as a case study. It explores a scenario in which a constitution, initially designed for progressive change, transforms into a shield against retrogression, challenging the conventional definition of Transformative Constitutionalism and Directive Constitutions as forward-oriented models of constitutionalism and constitutions. Focusing on the right to health within Brazil's 1988 Constituti

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Lino, Dylan. "The Australian Constitution as Symbol." Federal Law Review 48, no. 4 (2020): 543–55. http://dx.doi.org/10.1177/0067205x20955076.

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According to a conventional story told by scholars, the Australian Constitution is virtually invisible as a symbol within Australian political debate and culture. This article challenges that conventional story, arguing that the Constitution plays a more significant public role than is commonly assumed. Analysing the ongoing debate over the constitutional recognition of Aboriginal and Torres Strait Islander peoples, the article highlights four prominent symbolic Constitutions: the practical, the liberal, the outdated and the exclusionary. These constitutional symbols are mobilised by different

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Fombad, Charles Manga. "Designing Institutions and Mechanisms for the Implementation and Enforcement of the Constitution: Changing Perspectives in Africa." African Journal of International and Comparative Law 25, no. 1 (2017): 66–90. http://dx.doi.org/10.3366/ajicl.2017.0182.

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Until fairly recently, the issue of constitutional implementation has surprisingly received little attention both in constitutional theory and practice. Yet it is a crucial aspect of constitutional effectiveness. Without a carefully thought-out strategy for implementing and enforcing a constitution, its practical effectiveness in promoting constitutionalism, respect for the rule of law, and good governance may be quite limited. The Kenyan 2010 Constitution provides a backdrop against which this article examines certain critical issues in designing institutions and mechanisms for ensuring that

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VU, Giao Cong, and Kien TRAN. "Constitutional Debate and Development on Human Rights in Vietnam." Asian Journal of Comparative Law 11, no. 2 (2016): 235–62. http://dx.doi.org/10.1017/asjcl.2016.27.

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AbstractThis article analyzes the constitutional debate on and development of human rights in Vietnam throughout five constitutions from 1946 to 2013, as well as the prospects and challenges in promoting human rights in Vietnam during and after the development of its 2013 Constitution. It begins with an investigation and discussion of the human rights provisions from the 1946 Constitution to the 1992 Constitution – a period where the socialist human rights tradition was established in Vietnam. It follows with an analysis of the debates on the new human rights and citizens’ rights provisions in

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Medvid, A. B. "Constitutional metamorphosis: analysis of amendment procedures to the Basic Law in the context of global transformations." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 142–47. http://dx.doi.org/10.24144/2788-6018.2023.06.24.

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The article is devoted to the study of constitutional metamorphoses in the context of global transformations, in particular the analysis of the procedures for introducing changes to the basic law in different countries of the world. Modifications in modern geopolitical, economic and socio-cultural conditions caused the need to revise and adapt constitutional norms in order to bring the latter to the requirements of modern challenges and realities. Thescientific article examinesvarious approaches to the legal mechanism of amending constitutions in countries with various legal traditions a

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Baloro, John. "The Development of Swaziland's Constitution: Monarchical Responses to Modern Challenges." Journal of African Law 38, no. 1 (1994): 19–34. http://dx.doi.org/10.1017/s0021855300011438.

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At independence in 1968, the monarchy in Swaziland did not suffer the fate of traditional rulers in most of independent Africa whose powers were severely curtailed and subordinated to those of the nationalist leaders. In Swaziland, the King's pre-eminence as the head of the ruling Dlamini clan was constitutionally enshrined within the overall set-up of a constitutional monarchy. The monarchy's control over the strategic resources of the country such as land and mineral resources was also entrenched in the Constitution. Furthermore, the domination of the political scene by the royalist party, t

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Herklotz, Tanja. "Feminist Constitutional Activism in India." Verfassung in Recht und Übersee 56, no. 1 (2023): 153–74. http://dx.doi.org/10.5771/0506-7286-2023-1-153.

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This paper assesses feminist constitutional activism in India, i.e. feminist engagements with the Constitution with the aim of broadening women's rights. To this end, the paper looks at several generations of feminist activists. It shows how feminists impacted the process of constitution-making and how they realised women's constitutional rights by holding the legislature accountable to the Constitution and demanding that the judiciary declare laws unconstitutional if they violated women's fundamental rights. The paper places a particular focus on the constitutionally enshrined conflict betwee

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Aqbil Daffa Siahaan and Sasmi Nelwati. "Konstitusi dan Implikasi UUD 1945 dalam Era Modern." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 3 (2024): 129–37. http://dx.doi.org/10.59059/mandub.v2i3.1363.

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Constitution comes from the English Contitution, or the Dutch Contitute, which means basic law. The meaning of constitution in constitutional practice can generally mean that first it is broader than basic law because the meaning of basic law only includes written constitutions in cases still there is an unwritten constitution that is not included in the constitution. Both have the same meaning as the constitution because they only contain written rules. The role of the constitution and the 1945 Constitution in the context of the modern era. The constitution is a document that regulates the st

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Murska, Marta. "Legal Mechanisms for Ensuring the Constitutional Order of Ukraine in Wartime: Contemporary Challenges." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 29 (2024): 46–53. http://dx.doi.org/10.25143/socr.29.2024.2.46-53.

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This study comprehensively analyses the constitutional system of Ukraine, focusing on the Constitution as the primary document for ensuring constitutional order. It examines the legal regime implemented to maintain this order during wartime, particularly in the context of the ongoing conflict with russia. The research highlights the challenges faced by Ukraine in preserving its constitutional stability amidst external aggression and internal disruptions. Key findings indicate that the Constitution of Ukraine serves as a robust framework for governance, providing essential legal mechanisms to u

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Mashoud, Sakinatou, and Mouhamed Bachır Dıop. "The Impact of Constitutional Vacuum on the Effectiveness of Decentralization: The Case of the Republic of Mali." Recep Tayyip Erdoğan Üniversitesi Sosyal Bilimler Dergisi 12, no. 1 (2025): 31–42. https://doi.org/10.34086/rteusbe.1673305.

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In Africa, constitutions are often seen as fragile. Mali serves as a notable example of both constitutional crisis and resilience. Its recent history illustrates a constitutional weakness stemming from the military coup in 2012. This situation indicates that the provisions of the 1992 Constitution are under threat after a different transitional period. Our study aims to contribute to the discussion on governance challenges and political organization strategies in the context of institutional shortcomings epitomized by Mali's ongoing constitutional vacuum. The research will examine the impact o

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Blokker, Paul. "Constitutions and Democracy in Post-National Times: A Political-Sociological Approach." Irish Journal of Sociology 20, no. 2 (2012): 68–90. http://dx.doi.org/10.7227/ijs.20.2.5.

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The modern idea of the constitution is closely tied up with the political form of the nation-state, but the post-national age assists various challenges to this idea, not least due to the emergence of constitutional or quasi-constitutional regimes both beyond and below the nation-state. While a good, and steadily growing, amount of research probes the constitutional dimensions on the international and supranational levels, the domestic dimensions and related transformations, and in particular the implications of constitutional pluralism for meaningful democratic practice, seem, however, less p

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x, Nidhi. "Constitutional Challenges in Emerging Technologies." International Journal of Science and Research (IJSR) 13, no. 7 (2024): 200–202. http://dx.doi.org/10.21275/sr24703103549.

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Gordon, Michael. "Brexit: a challenge for the UK constitution, of the UK constitution?" European Constitutional Law Review 12, no. 03 (2016): 409–44. http://dx.doi.org/10.1017/s1574019616000341.

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The United Kingdom 2016 referendum on membership of the European Union – challenges of pursuing the decision to withdraw – challenges for the UK constitution in commencing, executing, concluding, and legitimising EU withdrawal – domestic constitutional requirements for triggering Article 50 TEU – roles of UK government, UK Parliament, and devolved institutions in Brexit – a second referendum or a national general election on withdrawal terms – exiting the EU as a challenge of the UK’s political constitution – Brexit as exposing limitations of the UK’s current constitutional arrangements and ar

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Савчин, Михайло Васильович. "Constitution and policy: challenges of modern constitutional democracy." Problems of Legality, no. 146 (September 24, 2019): 48–62. http://dx.doi.org/10.21564/2414-990x.146.176979.

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Borusevičiūtė, Miranda. "The Challenges of Originalism as a Theory of Constitutional Interpretation Today." Teisė 125 (December 30, 2022): 100–113. http://dx.doi.org/10.15388/teise.2022.125.6.

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This paper analyzes originalism, which is considered to be the opposing constitutional theory to “living” constitutionalism, and presents and evaluates the main arguments of originalism and its approach on how the constitution should be interpreted, including the shortcomings of this constitutional theory. In the author’s opinion, it is important to start developing constitutional theories that would be considered more suitable in the context of the European tradition of statutory law. The paper does not search for possibilities of using originalism to interpret the Constitution of the Republi

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Petersen, Niels, and Konstantin Chatziathanasiou. "Empirical research in comparative constitutional law: The cool kid on the block or all smoke and mirrors?" Sravnitel noe konstitucionnoe obozrenie 32, no. 2 (2023): 124–56. https://doi.org/10.21128/1812-7126-2023-2-124-156.

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In recent years, we could observe an explosion of empirical research in the field of comparative constitutional law. This contribution seeks to evaluate the current state of affairs. It consists of four parts. The first part provides a basic introduction to quantitative empirical legal research. It identifies certain methodological challenges and discusses how to address them. The second part analyzes the literature on the institutional design choices that are made in constitutions. There is research both on the consequences of design choices and on the reasons why specific design features wer

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Kustra-Rogatka, Aleksandra. "Kontekst jest wszystkim. O trudnej sztuce komparatystyki „europejskiego” orzecznictwa sądów konstytucyjnych." Przegląd Konstytucyjny, no. 3 (2022) (October 31, 2022): 45–73. http://dx.doi.org/10.4467/25442031pko.22.021.16386.

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Context is Everything. On the Difficult Art of “European” Comparative Studies Jurisprudence of Constitutional Courts Comparative research of the case-law of constitutional courts concerning the membership of a given state in the EU (referred to in the article as “European” case-law of constitutional courts) requires taking into account various contexts in which this case-law is involved. The aim of this article is to indicate and analyze the most important of them, namely: the systemic context, the temporal context, the political context (including related problem of the politicization of the

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Zackin, Emily. "“To Change the Fundamental Law of the State”: Protective Labor Provisions in U.S. Constitutions." Studies in American Political Development 24, no. 1 (2010): 1–23. http://dx.doi.org/10.1017/s0898588x09990083.

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As the United States industrialized, its state constitutions began to include protections for laborers. In this article, I describe the origins of these constitutional provisions and ask why labor organizations and other reformers pursued their inclusion in state constitutions. I argue that they saw state constitutions as a vehicle to prompt reluctant legislatures to pass protective statutes, to entrench existing protections against future legislatures, to safeguard labor legislation from constitutional challenges in state courts, and to facilitate further union organizing. Labor activism in t

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Lind, Anna-Sara. "A Living Constitution in Times of Emergency? Sweden." European Public Law 23, Issue 1 (2017): 27–37. http://dx.doi.org/10.54648/euro2017003.

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During the past couple of years, Sweden has as many other European countries encountered several challenges being the results of globalization, financial crisis and a migration tide. In this report, some trends and changes in the constitutional setting are commented upon as the constitution, political setting and the welfare state are put to the test by these challenges. The language used in media and by the politicians underlines the perspective of the country facing a crisis. The constitution, however, has not often been referred to and the complex challenges that counties, municipalities an

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Yeo, Gyeongsu. "The Constitution of Vietnam : Characteristics and System." Legal Studies Institute of Chosun University 32, no. 1 (2025): 255–80. https://doi.org/10.18189/isicu.2025.32.1.255.

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This article provides a comprehensive analysis of the constitutional development in Vietnam, examining the evolution of its constitutional law through the five constitutions enacted between 1946 and 2013. The study traces how constitutional changes in Vietnam have mirrored significant political and social shifts, starting with the 1946 Constitution, which established the Democratic Republic of Vietnam and introduced democratic principles. The 1959 Constitution, in contrast, solidified socialist rule in North Vietnam, marking a pivotal shift towards a one-party system. After reunification in 19

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Van der Merwe, Juané. "Cooperative Governance in Education: Challenges Inhibiting Social Justice Realisation." Journal for Juridical Science 49, no. 3 (2024): 23–45. https://doi.org/10.38140/jjs.v49i3.7623.

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The Constitution calls for past injustices to be corrected and for the establishment of a socially just society. This call is rooted in both the vision of transformative constitutionalis and the government’s constitutional duty to promote sustainable development.3 South Africa’s commitment to establishing a society based on social justice translates into a mandate that is government’s responsibility to implement. As the South African government comprises three distinct, independent, and interrelated spheres (national, provincial, and local),4 as well as organs of state (for purposes of this ar

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Faiz, Pan Mohamad. "A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court." Constitutional Review 2, no. 1 (2016): 103. http://dx.doi.org/10.31078/consrev215.

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A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law. There is no mechanism for challenging any decision or action made by public authorities that violate fundamental rights enshrined in the Indonesian Constitution. This article argues that constitutional complaint and constitutional question might be adopted as new jurisdictions of the Indonesian Constitutional Court in order to strengthen the protection of fundamental rights of its citizen. It also identifies main problems that will be fac

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Trindade, Engracia, Avelino M. Coelho Da Silva, and Julio da S. Araújo. "Analysis of the Theory of Legislation in the Constitutional Review Procedure of the Democratic Republic of Timor-Leste in 2002." Advances In Social Humanities Research 3, no. 4 (2025): 292–310. https://doi.org/10.46799/adv.v3i4.432.

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This research addresses the challenges of the 2002 RDTL Constitution in the Democratic Republic of Timor-Leste, focusing on its rigidity and outdated provisions that no longer align with contemporary societal needs. The study explores the theoretical, juridical, and sociological issues surrounding the constitution, highlighting the need for constitutional amendments. The research methodology employed is normative, utilizing legislative, conceptual, and comparative approaches. The study identifies issues such as disharmony in norms due to outdated articles, conflicts between different constitut

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Putra, Irman, and Arief Fahmi Lubis. "Human Rights Protection under the Indonesian Constitution: Progress and Challenges." West Science Law and Human Rights 2, no. 01 (2024): 81–88. https://doi.org/10.58812/wslhr.v2i01.1168.

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This paper examines the protection of human rights under the Indonesian Constitution, focusing on the progress that has been made and the challenges faced. Using a combination of juridical analysis and literature review, it evaluates the effectiveness of constitutional provisions designed to protect human rights and their alignment with international standards. The research highlights significant achievements, including including human rights guarantees in the 1945 Constitution and establishing key institutions such as the National Human Rights Commission (Komnas HAM) and the Constitutional Co

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Majumdar, Tanupriya. "INDIAN CONSTITUTION AS HALLS OF SOFT POWER." Social Science Review A Multidisciplinary Journal 3, no. 3 (2025): 208–14. https://doi.org/10.70096/tssr.250303035.

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This article critically examines the Indian Constitution as a powerful instrument of soft power, highlighting its role in projecting India’s civilisational values, cultural richness and philosophical depth globally. Drawing on Joseph Nye’s concept of soft power, defined as the ability to influence others through attraction and persuasion rather than coercion, the article explores how the Constitution’s text, artistic elements and founding principles serve as vehicles for India’s international image as a vibrant, inclusive and culturally rooted democracy. The study analyses the Constitution’s s

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Asri, Ardison, and Istianingsih Istianingsih. "Accountants as Pillars of Transparency: Strengthening Constitutional Law through Tax Law Enforcement in the Digital Era." Greenation International Journal of Law and Social Sciences 2, no. 3 (2024): 189–97. https://doi.org/10.38035/gijlss.v2i3.282.

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Tax law enforcement is a critical element in supporting the financial stability of the state and upholding constitutional principles in Indonesia. In an era of rapid digital transformation, challenges such as tax avoidance by multinational entities and high-income individuals have become increasingly complex, requiring innovative and collaborative solutions. This study highlights the strategic role of accountants as key pillars in fostering fiscal transparency, enhancing accountability, and upholding constitutional supremacy as mandated by Article 23A of the 1945 Constitution of Indonesia. Acc

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Li, Ling, and Wenzhang Zhou. "Governing the “Constitutional Vacuum” – Federalism, Rule of Law, and Politburo Politics in China." China Law and Society Review 4, no. 1 (2019): 1–40. http://dx.doi.org/10.1163/25427466-00401001.

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By focusing on the underlit corners of authoritarian governance in China, this article challenges the thesis that constitutions matter to authoritarian regimes because they provide solutions for problems of governance. We argue to the contrary: the constitution appeals to the Chinese Communist Party (the Party or the ccp) because it does not provide solutions to fundamental issues of governance. Instead, such issues are kept out of the constitution so that they can be addressed by the Party through other regulatory mechanisms outside of the constitutional realm. In support of our thesis, we pr

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Sihombing, Uli Parulian, Muchamamd Ali Safa’at, Tunggul Anshari, Eko Widiarto, and Radian Salman. "The Challenges and Opportunities of the Constitutional Court Decision Implementation on Recognition of the Indigenous Religions in Indonesia." Yuridika 36, no. 2 (2021): 493. http://dx.doi.org/10.20473/ydk.v36i2.24927.

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The Constitutional Court of Indonesia has held the followers of the indigenous religion (the Penghayat) can have their own religious identity on their identity card (ID) in 2016. The 1945 Constitution of Indonesia mentions a non-discriminatory principle which has been applied by the Constitutional Court to this case. However, the implementation of the Constitutional Court decision will face challenges and opportunities on the field. The author has used of both normative and empirical methodology by providing related legal information and the result of the interview with the local leader of the

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Susianto, Susianto, Riski Febria Nurita, and Sunarjo Sunarjo. "CONSTITUTIONAL EDUCATION IN FACING THE CHALLENGES OF GLOBALIZATION." EDUCATUM: Scientific Journal of Education 2, no. 3 (2024): 77–81. https://doi.org/10.59165/educatum.v2i3.77.

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This research focuses on Progress technology has bring change big in life society , including in matter implementation constitution. One of the challenges that arise is potential the occurrence violation right basic human in the field technology information . Technology information can used For spread misinformation , speech hatred , and propaganda. In addition , technology information can also be used For do crime cyber , such as data theft , hacking , and online fraud . Other challenges that arise is existence digital divide . This is can cause discrimination and marginalization to groups pr

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Latif, Abdul, Muhammad Dzul Ikram, and Marta Satria Putra. "The Dynamics of Constitutional Law and The Challenges of Democratic Practices in Indonesia." Advances In Social Humanities Research 3, no. 3 (2025): 186–96. https://doi.org/10.46799/adv.v3i3.357.

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The development of constitutional law in Indonesia has significantly transformed since the 1998 reform, especially through amendments to the 1945 Constitution aimed at strengthening democracy, the rule of law, and government transparency. However, challenges persist in fully realizing democratic principles and good governance, including political oligarchy, biased election organizers, weak checks and balances between state institutions, money politics, and the high presidential threshold, which hinder fair political competition. This research aims to analyze the dynamics of constitutional law

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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.

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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

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Chopra, Surabhi. "The Constitution of the Philippines and transformative constitutionalism." Global Constitutionalism 10, no. 2 (2021): 307–30. http://dx.doi.org/10.1017/s2045381721000174.

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AbstractThis article examines the 1987 Constitution of the Philippines’ provisions on social and economic rights and welfare. It considers how the 1987 Constitution fits within the post-liberal paradigm of ‘transformative’ constitutional texts that emerged during democratic transitions in the 1980s and 1990s. It then analyses how the Supreme Court of the Philippines responded to the constitutional call for egalitarian socio-economic reform in the first fifteen years after the People Power revolution. The article highlights how the 1987 Constitution envisions far-reaching, progressive socio-eco

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Varlamova, N. V. "The European Model of Constitutional Review Before the Challenges of European Integration." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 17, 2022): 102–12. http://dx.doi.org/10.17803/2311-5998.2022.97.9.102-112.

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Integration processes developing on the European continent have a significant impact on the legal systems of the Council of Europe and EU member states. The author considers the changes which in this context the European model of constitutional review, accepted in most European countries, is subjected to. All its classical features are subject to erosion. The legal systems in which it operates are no longer strictly hierarchically organized; the national constitution ceases to be the sole and irrefutable benchmark of constitutional review; constitutional courts are largely losing their unique

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Waldron, Arthur. "China's coming constitutional challenges." Orbis 39, no. 1 (1995): 19–35. http://dx.doi.org/10.1016/0030-4387(95)90051-9.

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Larson, Edward J. "Constitutional Challenges to Textbooks." Educational Policy 3, no. 2 (1989): 137–51. http://dx.doi.org/10.1177/089590488900300205.

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Rausch, Fabian. "«Constitutional Fever»? Constitutional Integration in Post-Revolutionary France, Great Britain and Germany, 1814–c.1835." Journal of Modern European History 15, no. 2 (2017): 221–42. http://dx.doi.org/10.17104/1611-8944-2017-2-221.

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«Constitutional Fever»? Constitutional Integration in Post-Revolutionary France, Great Britain and Germany, 1814–c.1835 This article proposes a comparative perspective on the role of constitutions in European political cultures from 1814 to c.1835. Through its analysis of constitutions first as a means to legitimising post-revolutionary monarchies, and secondly as a means to integrating the divided societies in France, Great Britain as well as the German states, this article suggests two major results: 1) Constitutions were a central instrument that was imagined by post-revolutionary European

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Abdul Kadir, Hazwan Dani. "JAPAN’S SHIFT FROM PACIFISM: REARMAMENT AMID SECURITY CHALLENGES." Journal of International Studies 21, no. 1 (2025): 174–98. https://doi.org/10.32890/jis2025.21.1.10.

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Amidst shifting security dynamics in East Asia, Japan faces an evolving strategic landscape, particularly in response to mounting threats from North Korea and China. Through a descriptive analysis of primary and secondary sources, this study investigates Japan's trajectory towards potential constitutional amendment and further militarization, with a focus on Article 9—a key provision renouncing the use of force and restricting military capabilities. By tracing historical contexts and the U.S.-Japan security alliance, the paper explores Japan's post-war pacifism and the gradual evolution of its

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Toktogazieva, Saniia. "Constitution without Constitutionalism? Challenges to constitutionalism in the Kyrgyz Republic." Constitutional Review 5, no. 2 (2019): 275. http://dx.doi.org/10.31078/consrev524.

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Application of basic principles revolving around the constitutionalism into third wave democracies, produced such phenomenon as constitutions “without constitutionalism”. This paper will revisit and discuss this issue in the context of the Kyrgyz Republic. Main argument and thesis of the paper is following: Where a viable balance of power exists, a constitutional court acquires importance as a key element of that order, thus promoting the constitutionalism. If no such balance exists, the constitutional court will soon become a tool of the more dominant powers and thus lose its relevance for a

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Igirisa, Jeis, Nurvia Usman, and Roy Marthen Moonti. "Pengaruh Mahkamah Konstitusi terhadap Stabilitas Sistem Ketatanegaraan Indonesia." Jurnal Hukum, Administrasi Publik dan Negara 2, no. 1 (2025): 150–60. https://doi.org/10.62383/hukum.v2i1.153.

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The Constitutional Court (MK) has a strategic role in maintaining the stability of the Indonesian constitutional system through its main function as a guardian of the constitution. This article aims to analyze the influence of the Constitutional Court on constitutional stability, both through legal testing of the 1945 Constitution, the resolution of authority disputes between state institutions, and through supervision of the implementation of elections. Using a normative juridical approach, this article reveals that the Constitutional Court has made a significant contribution in maintaining b

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Lerner, Hanna, and Amir Lupovici. "Constitution-making and International Relations Theories." International Studies Perspectives 20, no. 4 (2019): 412–34. http://dx.doi.org/10.1093/isp/ekz007.

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Abstract Constitution-making has become an intrinsic component of international politics, nevertheless, international relations scholars largely refrain from theorizing it tending to view formal constitutional drafting as a domestic project. The article proposes an understanding of constitution-making as an international (in addition to national) political phenomenon. We develop a new and comprehensive classification of international influences on constitution-making. We also demonstrate how the empirical study of constitution-making can illuminate overlooked areas of research and challenge ex

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Ali Ukasah. "Tantangan Implementasi Demokrasi Dalam Konteks Negara Konstitusi: Studi Kasus Pada Sistem Hukum Indonesia." Perkara : Jurnal Ilmu Hukum dan Politik 2, no. 2 (2024): 198–210. https://doi.org/10.51903/perkara.v2i2.1879.

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The introduction of democracy in the context of a constitutional state is a complex challenge in the context of modern law. This research outlines the crucial challenges faced in efforts to realize democratic principles within the framework of a constitutional state, with a focus on the Indonesian legal system. Through a case study approach, an in-depth analysis is carried out on the implementation of democracy in Indonesia, highlighting the structural, political and cultural problems that influence the process. The research findings illustrate the complexity of the dynamics between democracy

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Масловская, Татьяна, and Tatyana Maslovskaya. "NEW DIRECTIONS OF CONSTITUTIONAL REFORMS IN FOREIGN COUNTRIES (DYNAMICS OF THE LAST FIVE YEARS)." Journal of Foreign Legislation and Comparative Law 2, no. 4 (2016): 0. http://dx.doi.org/10.12737/21251.

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The article analyzes the conditions of the constitutional reforms in foreign countries, the goal of constitutional changes at the present stage. Attention is paid to popularity of practice of adopting of interim constitutions. We study the full and partial constitutional reforms passed in foreign countries over the past five years. Provide new directions of constitutional reforms, based on modern challenges. Careful attention is paid to analysis of constitutional reforms as a response to the crisis: a crisis of values in society and the state, the security crisis. Subject to review are new con

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Pūraitė-Andrikienė, Dovilė. "Towards an Effective Constitution in Lithuania: the Role of the Constitutional Court." Review of Central and East European Law 48, no. 2 (2023): 134–65. http://dx.doi.org/10.1163/15730352-bja10079.

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Abstract This article deals with the role of the Lithuanian Constitutional Court in ensuring the effectiveness of the Constitution. This research is based on the assumption that the success of constitutional review in a given state is determined (and at the same time characterized) by the following key preconditions: the social, political and legal environment of the state; the scope of powers of the constitutional court; and the presence of a jurisprudential or living constitution. Therefore, in order to achieve the aim of this research, the following tasks are undertaken and dealt with: (1)

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Singh, Sahibpreet, and Lalita Devi. "Legal Framework, Challenges and Constitutional Implications in Aviation." International Journal of Creative Research Thoughts 11, no. 11 (2023): a792—a805. https://doi.org/10.5281/zenodo.12212658.

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This research provides a whole picture of the legal framework that governs aviation, emerging challenges in unruly passengers and also the constitutional implications arising within Indian Aviation context. Aviation legal structure includes international agreements such as Warsaw Convention, Hague Convention, Chicago Convention, Montreal Convention and Cape Town Convention, and bilateral treaties that regulate air transport services. Also, paper points out need for zero-tolerance policy towards unruly passengers in line with ICAO’s standards and guidance on prevention and de-escalation o

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Carolan, Eoin. "Constitutional Change Outside the Courts: Citizen Deliberation and Constitutional Narrative(s) in Ireland’s Abortion Referendum." Federal Law Review 48, no. 4 (2020): 497–510. http://dx.doi.org/10.1177/0067205x20955111.

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This article considers how the use of referenda to enact constitutional change relates to the concept of a ‘constitution outside the courts’. It argues that the referendum is a challenge to this concept but that these challenges arise in a more complex manner than might first be assumed. First, a referendum occurs within a legal framework which calls into question the notion of the referendum as an extra-legal interruption to the constitutional order. Secondly, this suggests that the referendum is more likely to be the end point of a process of constitutional change rather than the vehicle or

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GAFTON, Mihai. "CONSTITUTIONAL JUSTICE – SUPREME INDICATOR OF NATIONAL PROGRESS." Revista Naţională de Drept 4-6 (234-236) (August 15, 2020): 153–64. https://doi.org/10.5281/zenodo.3991541.

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The phenomenon of Constitutional justice is very complex, and it had a variety of forms during its historical evolution. It is necessary to emphasize the fact that the constitutional justice system is directly dependent of the state development process. Through out the history, the State System had developed and diversified in different ways; therefore the same aplies to the constitutional justice system. But, one can observe cases, like the Republic of Moldova, in which the state had confronted new constitutional justice challenges (for example: the breaching of constiutional principles cause

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Schütze, Robert. "The Convention at Many Crossroads: Report on a Conference at the College of Europe (Bruges), 9-10 May 2003." German Law Journal 4, no. 6 (2003): 589–93. http://dx.doi.org/10.1017/s2071832200016242.

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After nearly fifty years of its existence, the European Community currently faces two constitutional challenges: In a conscious effort to bring Europe closer to its citizens and to break away from the undemocratic executive and judicial constitution-making, Europe has set up a “Constitutional Convention” in charge of constitutional soul-searching. The second project – and indeed one of no less “constitutional” significance – is, of course, the Union's enlargement that will turn it into an organization of twenty-five plus. The two projects are in many ways intertwined and can be synthesized int

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Lerner, Hanna. "Permissive and Unpermissive Constitution Making." Law & Ethics of Human Rights 16, no. 2 (2022): 321–46. http://dx.doi.org/10.1515/lehr-2023-2001.

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Abstract The article explores the long-term consequences of permissive constitutional arrangements, drawing on a comparative study of Israel, India and Sri Lanka. In all three countries, constitutional drafters at the foundational stage adopted permissive arrangements that avoided controversial decisions on conflicted identity-related issues. In all three cases, three to six decades after independence, the permissive constitutional approach was replaced by more decisive formal constitutional principles. Such unpermissive constitution making was meant to limit the range of options available for

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Gadekar, Harsha. "Review of the Constitutional and Legal Challenges Facing Religious Minorities in India." International Journal for Research in Applied Science and Engineering Technology 13, no. 3 (2025): 1812–18. https://doi.org/10.22214/ijraset.2025.67658.

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Abstract: This paper reviews the constitutional as well as legal challenges facing religious minorities in India. The Indian constitution provides certain rights to all citizens, including religious minorities, but these rights are often not upheld in practice. This has resulted in ongoing discrimination and marginalization of religious minorities.The two objectives of the study of to examine the constitutional as well as legal provisions and their effectiveness in protecting the rights of religious minorities in India. To analyze the challenges as well as obstacles faced by religious minoriti

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