Log in

Relevant bibliographies by topics / Constitutional consensus / Journal articles

To see the other types of publications on this topic, follow the link: Constitutional consensus.

Journal articles on the topic 'Constitutional consensus'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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 'Constitutional consensus.'

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

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

2

Shinar, Adam. "Deconstructing Mixed Constitutions." Law & Ethics of Human Rights 16, no. 1 (2022): 167–92. http://dx.doi.org/10.1515/lehr-2022-2005.

Full text

Abstract:

Abstract A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitutions” encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution “mixed.” Second, an

APA, Harvard, Vancouver, ISO, and other styles

3

HONLONKOU, Albert N. "Equilibre des pouvoirs, consensus et conflits dans la constitution béninoise de 1990." Revue d’Economie Théorique et Appliquée 2, no. 1 (2012): 1–21. https://doi.org/10.62519/reta.v2n1a1.

Full text

Abstract:

Résumé : Si la constitution du Bénin de 1990 respecte les standards démocratiques notamment présidentiels, on peut s’interroger sur l’efficacité de l’encadrement des choix qui y sont faits. En se fondant sur une analyse contractuelle, nous montrons dans ce papier que malgré l’existence d’un régulateur constitutionnel, le partage du pouvoir démocratique entre l’exécutif et le parlement tel que conçu dans cette constitution est consubstantiellement déséquilibré au profit du premier. Nous montrons également que ce déséquilibre est créateur de conflits permanents et de non développement plutôt que

APA, Harvard, Vancouver, ISO, and other styles

4

Szabó, Zsolt. "Missed Constitutional Moments and Real Constitutional Conflicts in Hungary 1989 v. 2011." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 477–86. http://dx.doi.org/10.15804/ppk.2022.06.35.

Full text

Abstract:

This paper, examining the Hungarian example argues that that the price is high if a constitutional moment to adopt a constitution based on wide societal compromise has been missed. The constitution-making process might then be completed either by activist courts or by activist political forces. Hungary experienced two major constitutional reforms, both missing a consensual constitutional momentum. The first transformation in 1989–90, which replaced the socialist authoritarian system by democracy, was brought about by political elites, lacking democratic legitimacy, keeping the formal legal fra

APA, Harvard, Vancouver, ISO, and other styles

5

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

6

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

7

Larkin, Dani, and Kate Galloway. "Constitutionally entrenched Voice to Parliament: Representation and good governance." Alternative Law Journal 46, no. 3 (2021): 193–98. http://dx.doi.org/10.1177/1037969x211019807.

Full text

Abstract:

In 2017, the Uluru Statement from the Heart provided a consensus position on constitutional reform derived from Regional Dialogues drawing on experiences, views and aspirations of First Nations people. Among its recommendations is a constitutionally entrenched Voice to Parliament. While the government supports a watered-down Voice, this article identifies the key features of constitutional enshrinement that would enhance Australia’s institutions of governance. It focuses on its capacity for representation and its contribution to good governance and articulates the imperative for Voice to be an

APA, Harvard, Vancouver, ISO, and other styles

8

Syam, Elvi Susanti, Sumiyati B., and La Ode Husen. "DISEÑO CONSTITUCIONAL DE SOCIEDADES." Revista de Gestão Social e Ambiental 18, no. 7 (2024): e06542. http://dx.doi.org/10.24857/rgsa.v18n7-108.

Full text

Abstract:

Objective: This paper sets out to explore the intricacies of the "Constitutional Design of Heterogeneous Society" utilizing the analytical lens of deconstruction. The primary objective is to dissect and comprehend how the constitution in diverse societies functions as a state consensus, offering legitimacy to agencies and institutions that represent the state. The focus extends beyond the mere governance of self-government, aiming to understand how this constitutional framework ensures democratic principles rooted in human rights. Theoretical Framework: Embedded within the theoretical framewor

APA, Harvard, Vancouver, ISO, and other styles

9

Geiringer, Claudia. "When Constitutional Theories Migrate: A Case Study." American Journal of Comparative Law 67, no. 2 (2019): 281–326. http://dx.doi.org/10.1093/ajcl/avz013.

Full text

Abstract:

Abstract The last decade or so has witnessed a burgeoning of literature on the role of cross-jurisdictional influences in the design (as well as subsequent interpretation) of national constitutions. The consensus emerging from that literature is that transnational borrowing in the course of constitution making is both inevitable and impossible. In a globalized world, those involved in the design of a new constitution naturally look beyond their borders for inspiration. Borrowing is thus endemic. But borrowing, in any true sense, is also impossible because in the process of migration, constitut

APA, Harvard, Vancouver, ISO, and other styles

10

Berch, V. V., and Yu M. Bysaga. "Specifics of constitutional control regarding amendments to the Constitution." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 98–101. http://dx.doi.org/10.24144/2788-6018.2023.06.15.

Full text

Abstract:

Recognizing that the Constitution reflects the fundamental principles and values of the country, ensuring consistency and adherence to procedures when amending it requires broad consensus among political parties, the public, legislative bodies, and other participants in the political process. Such consensus ensures the legitimacy and acceptability of amendments to the Constitution, making them more justified and supported by the public. Constitutional control should consider public interest and a democratic order. While constitutional changes might reflect the desires of political or social gr

APA, Harvard, Vancouver, ISO, and other styles

11

El-Ghawati, Mohamed. "The Role Of The Constitutional Judiciary In Conforming Legislation And Strengthening Federal Rule." Journal of Legal and Political Studies 13, Special Issue 2025 (2025): 303–17. https://doi.org/10.17656/jlps.10294.

Full text

Abstract:

Constitutional Courts Have Become A Cornerstone Of The Constitutional System In Federal States. As Independent Institutions Distinct From Both Political And Judicial Bodies, Their Primary Function Is To Safeguard The Supremacy Of The Constitution. Rooted In The Theory Of The Rule Of Law, As Formulated By The Austrian Jurist Hans Kelsen, These Courts Provide Dual Protection. On The One Hand, They Ensure The Integrity Of The Constitutional Framework That Governs The Functioning Of Political Authority, Including The Federal Government And Its Relations With State Governments. In Fact, They Protec

APA, Harvard, Vancouver, ISO, and other styles

12

Omara, Andy, Kristina Viri, and Faiz Rahman. "Why Did the Adoption of Constitutional Deferral Lead to Unintended Consequences of Freedom of Association in Indonesia?" Sriwijaya Law Review 8, no. 1 (2024): 60. http://dx.doi.org/10.28946/slrev.vol8.iss1.2148.pp60-78.

Full text

Abstract:

A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In

APA, Harvard, Vancouver, ISO, and other styles

13

Kovtunyak, V. "Theoretical features and applied aspects of constitutional control of amendments to the constitution." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 84–88. http://dx.doi.org/10.24144/2307-3322.2022.71.12.

Full text

Abstract:

It is pointed out that the idea of protecting the constitution arose simultaneously with the appearance of the first constitutions. It was embodied gradually by finding its expression in the constitutional text itself or following the development of judicial practice. Such means were the institute of repeal of acts, the establishment of a guarantor and “guardian” of the constitution, the institute of constitutional control, the procedure for amending the constitution and others. Such legal institutions have emerged specifically to preserve such a constitution per se, primarily as a set of mate

APA, Harvard, Vancouver, ISO, and other styles

14

Maboudi, Tofigh. "Reconstituting Tunisia: Participation, Deliberation, and the Content of Constitution." Political Research Quarterly 73, no. 4 (2019): 774–89. http://dx.doi.org/10.1177/1065912919854802.

Full text

Abstract:

The Tunisian constitutional reform experience in the wake of the Arab Spring—through which citizens were able to meet with their representatives, participate in public deliberation over the constitution, and offer their own proposals for the constitution—offers a unique opportunity to evaluate the debate on the optimal modality of constitutional processes by revisiting both deliberative and representative theories of democracy and their predictions on how the process can improve constitutional outcomes. The statistical analysis of a dataset of more than 2,500 citizen proposals and the content

APA, Harvard, Vancouver, ISO, and other styles

15

TUSHNET, MARK. "The globalisation of constitutional law as a weakly neo-liberal project." Global Constitutionalism 8, no. 1 (2019): 29–39. http://dx.doi.org/10.1017/s204538171800028x.

Full text

Abstract:

Abstract:An international consensus on the content of domestic constitutional law has structural ‘rights’-related components. The former requires roughly democratic systems for choosing representatives/executives. The consensus favours some forms of judicialised constitutional review, though the precise form is open to choice. The rights component includes a standard list of ‘core’ civil rights, including in this category equality along a number of dimensions – though not class or income. The rights-component is fundamentally neo-liberal. This is clearest in connection with ‘second generation’

APA, Harvard, Vancouver, ISO, and other styles

16

Kim, Jongcheol. "Significance and Limitations of the 1987 Constitution Amendment Movement: Why Do We Need Partial and Sequential Amendments?" Korean Constitutional Law Association 29, no. 3 (2023): 411–49. http://dx.doi.org/10.35901/kjcl.2023.29.3.411.

Full text

Abstract:

There is a need for a sequential and gradual process of constitutional reform, with targets that reflect the strong need for constitutional reform and the level of consensus at various levels. It is also necessary to respond to the fact that the flawed political representation system has been an essential problem of the 1987 Constitution. That is, efforts should be made not only to emphasize representation in the constitutional revision process, but also to ensure sufficient participation of the people, who hold the authorship of the constitution, in accordance with the principle of sove

APA, Harvard, Vancouver, ISO, and other styles

17

Omara, Andy. "Why Not Indonesia an Islamic State? Constitutional Debate Concerning Religion-State Relation in A Muslim Majority Country." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 1 (2024): 421. http://dx.doi.org/10.22373/sjhk.v8i1.15889.

Full text

Abstract:

When Muslims are majority in a particular country, it is often linked to the adoption of Islam as the state official religion or Islam as the identity of the state i.e. “Islamic State.” Yet, this is not the case of Indonesia. Why did not the Indonesian constitutional drafters declare Indonesia as an Islamic state or at least recognize Islam as the state official religion in the first Constitution despite the fact that Indonesia is a Muslim majority country? What explains the above fact? This paper aims to answer these two important questions by employing two constitutional law approaches: cons

APA, Harvard, Vancouver, ISO, and other styles

18

Ridaura Martínez, María Josefa. "La reforma del artículo 135 de la Constitución Española : ¿pueden los mercados quebrar el consenso constitucional?" Teoría y Realidad Constitucional, no. 29 (June 1, 2012): 237. http://dx.doi.org/10.5944/trc.29.2012.6989.

Full text

Abstract:

Este trabajo analiza la reciente reforma del artículo 135 de la Constitución española, a la luz de los principios y de la doctrina constitucional; centrándose, fundamentalmente, en el estudio crítico del procedimiento de reforma seguido, que cuestiona el consenso constitucional.This work analyzes the reform of article 135 of the Spanish Constitution which was introduced in September 2011, from the perspective of the constitutional principles as well as the decisions taken by the Constitutional Court. The focus is mainly on the analysis of the procedure followed to conduct the reform, which –it

APA, Harvard, Vancouver, ISO, and other styles

19

Shattib, Mohammed Saleh. "The Egyptian political system (A comparative study between the constitutional 2012-2014)." Tikrit Journal For Political Science, no. 16 (July 2, 2019): 163. http://dx.doi.org/10.25130/poltic.v0i16.145.

Full text

Abstract:

The research have focused on the ramifications of the" 25 January revolution" on the Egyptian constitution and how the masses in which participated in the revolution aimed a rapid democratic transition through the writing of a new constitution in order to be inevitable document leading to their salvation from authoritarianism and false constitutions that had become outmoded. Although the Egyptian constitutional experience, From the wording perspective, have many positive aspects; but the process of drafting is requiring consensus about constitution, basically agree on the basic philosoph

APA, Harvard, Vancouver, ISO, and other styles

20

Pertiwi, Mahaarum Kusuma. "Historical Development over Religious Liberty in the Indonesian Constitution." Sociological Jurisprudence Journal 3, no. 1 (2020): 65–74. http://dx.doi.org/10.22225/scj.3.1.1525.65-74.

Full text

Abstract:

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap ha

APA, Harvard, Vancouver, ISO, and other styles

21

Barcik, Jacek. "Wielopoziomowy konstytucjonalizm Unii Europejskiej a stosowanie praw podstawowych." Przegląd europejski 2 (March 5, 2019): 35–51. http://dx.doi.org/10.5604/01.3001.0013.0789.

Full text

Abstract:

The aim of the article is to analyse the application of fundamental rights in the complex political and legal system of the European Union, which can be described as a multilevel constitutionalism. Because the standards of individual protection are created both at the level of national constitutions as well as at the supranational, EU level, it is possible that individual fundamental rights will be understood differently in the Member States. The article tries to answer the question how to solve such an interpretation conflict. A way out is suggested in the form of the need to conduct a consti

APA, Harvard, Vancouver, ISO, and other styles

22

Reutter, Werner. "The Changeableness of Subnational Constitutions: A Qualitative Comparative Analysis." Government and Opposition 54, no. 1 (2017): 75–97. http://dx.doi.org/10.1017/gov.2016.45.

Full text

Abstract:

Why have some German Land constitutions been changed more frequently than others? This is the basic research question addressed in this article. In addition and maybe even more importantly, for the first time the article will apply fuzzy-set qualitative comparative analysis to the study of comparative constitutional policy, and thus will investigate what conditions explain the changeableness of subnational constitutions. Overall, I will argue that subnational constitutional policy is not just a manifestation of Germany’s consensus democracy. On the contrary, it seems that a crucial element of

APA, Harvard, Vancouver, ISO, and other styles

23

Shah, Anwar. "The 18th Constitutional Amendment: Glue or Solvent for Nation Building and Citizenship in Pakistan?" LAHORE JOURNAL OF ECONOMICS 17, Special Edition (2012): 387–424. http://dx.doi.org/10.35536/lje.2012.v17.isp.a16.

Full text

Abstract:

The almost unanimous passage of a landmark consensus constitutional amendment—the 18th Constitutional Amendment—restored Pakistan’s constitution to its original intent of a decentralized federation of provinces as envisaged in the 1956 (two provinces) and 1973 (four provinces) constitutions. This article takes a closer look at the provisions of this amendment and highlights both the potentials and pitfalls of the new constitutional order for good governance in Pakistan. It argues that the amendment represents a step forward but encompasses several missteps in creating a harmonious political an

APA, Harvard, Vancouver, ISO, and other styles

24

Kim, Jeong-Soo. "Constitutional Responses and Guarantees to Recent Changes in Marriage and Family Life." Korean Constitutional Law Association 29, no. 3 (2023): 273–312. http://dx.doi.org/10.35901/kjcl.2023.29.3.273.

Full text

Abstract:

Our Constitution stipulates that marriage and family life should be established and maintained on the basis of individual dignity and equality of sexes, and the state has an obligation to guarantee this. However, recent changes in marriage and family life are occurring due to various factors of society. In Korea, too, family forms are diversifying due to the collapse of the traditional family system and various choices for freedom of marriage due to late marriage, non-marriage, graduating from marriage, and reduced fertility. Our Constitution stipulates marriage, family life and the obli

APA, Harvard, Vancouver, ISO, and other styles

25

Taylor, G. "Convention by consensus: Constitutional conventions in Germany." International Journal of Constitutional Law 12, no. 2 (2014): 303–29. http://dx.doi.org/10.1093/icon/mou027.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Reutter, Werner. "Constitutional Politics in East Germany and the Grand Coalition State." Perspectives on Federalism 8, no. 3 (2016): E—23—E—44. http://dx.doi.org/10.1515/pof-2016-0015.

Full text

Abstract:

Abstract Constitutional politics seemingly corroborate the assumption that Germany is a Grand Coalition state. In this perspective German cooperative federalism and the supermajority required for any amendment to the constitution privilege bargaining and intertwined policy-making as modes of conflict resolution and thus support grand coalitions. In this paper I will explore whether this theory can explain constitutional politics in the German Länder. Firstly, I examine how far sub-national constitutional politics match the functioning of cooperative federalism that is a defining feature of the

APA, Harvard, Vancouver, ISO, and other styles

27

Mohamed Afify, Ayman, Sam Dalla, and Hamoud Tannar. "Legal Adaptation for the Syrian Constitutional Committee Formed Based on UN Security Council Resolution 2245." Access to Justice in Eastern Europe 7, no. 1 (2023): 1–21. http://dx.doi.org/10.33327/ajee-18-7.1-r000101.

Full text

Abstract:

Background: Presumably, constitution-making is a national process reflecting the state’s sovereignty and people's will. The severity of the conflict in Syria and its danger led the international community to intervene, and in 2015, the Security Council issued Resolution 2254 to settle the conflict. This resolution, in item 4, called for the start of the drafting process of a new Constitution for Syria; hereby, the Constitutional Committee was formed in Geneva in 2019 with the agreement of the conflict parties, the government and the opposition, and the consent of the international community re

APA, Harvard, Vancouver, ISO, and other styles

28

Macfarlane, Emmett. "Judicial amendment of the constitution." International Journal of Constitutional Law 19, no. 5 (2021): 1894–924. http://dx.doi.org/10.1093/icon/moab127.

Full text

Abstract:

Abstract This article examines the conceptual distinction between judicial interpretation and judicial amendment. It argues that there are contexts where courts can depart so far from the constitutional text, the intent or purposes of relevant constitutional provisions, and the broad consensus within the political community about what the constitution does and does not contemplate, that they engage in effective amendment of the constitution. In these instances, judicial reasoning acts in defiance of, or with disregard for, codified constitutional amending procedures. The distinction between ju

APA, Harvard, Vancouver, ISO, and other styles

29

Schleiter, Petra, and Edward Morgan-Jones. "Review Article: Citizens, Presidents and Assemblies: The Study of Semi-Presidentialism beyond Duverger and Linz." British Journal of Political Science 39, no. 4 (2009): 871–92. http://dx.doi.org/10.1017/s0007123409990159.

Full text

Abstract:

Semi-presidential regimes have attracted increasing attention from scholars and constitutional reformers over the last quarter century. Yet, despite this popularity, there is no consensus on how to understand this constitutional format. Since Duverger defined semi-presidentialism as a ‘new political system model’, and Linz argued that the constitutional format shares many of the ‘perils of presidentialism’, subsequent research has questioned the conceptual status of semi-presidentialism as a distinct regime type, and whether it has any distinct effects on politics. In this article we review th

APA, Harvard, Vancouver, ISO, and other styles

30

Ulum, Miftakhul, and Ayon Diniyanto. "Perbandingan Rekrutmen Hakim Mahkamah Konstitusi Indonesia dengan Jerman." Manabia: Journal of Constitutional Law 4, no. 02 (2024): 201–16. https://doi.org/10.28918/manabia.v4i02.9260.

Full text

Abstract:

The Constitutional Court in a country has a very important role for the implementation of the constitution in a country, so the recruitment process is ensured to be carried out transparently, participatively, objectively and accountably. The principles of the constitutional judge recruitment mechanism have not been implemented properly, because the law does not clearly regulate the parameters of the selection mechanism. Talking about the recruitment process for Constitutional Court judges. Germany which is considered an independent country in carrying out the recruitment process for constituti

APA, Harvard, Vancouver, ISO, and other styles

31

Pennings, Paul, and Christine Arnold. "Is Constitutional Politics Like Politics ‘at Home’? The Case of the EU Constitution." Political Studies 56, no. 4 (2008): 789–806. http://dx.doi.org/10.1111/j.1467-9248.2007.00697.x.

Full text

Abstract:

A large number of delegates from different institutional levels within the EU have achieved a remarkable consensus on a draft constitution. Has this consensus been made possible because the nationally predominant left–right divide was only weakly present during the deliberations of the delegates? Left–right differences have been analysed by means of a content analysis on submitted documents during the European Convention. The data analysis confirms our assumption that the left–right distinction was relevant, although not very dominant. The draft constitution did not take a mean position on lef

APA, Harvard, Vancouver, ISO, and other styles

32

Novak, Andrew J. "Toward a Global Consensus on Life Imprisonment Without Parole: Transnational Legal Advocates and the Zimbabwe Constitutional Court's Decision in Makoni v Commissioner of Prisons." Journal of African Law 62, no. 2 (2018): 315–27. http://dx.doi.org/10.1017/s0021855318000116.

Full text

Abstract:

AbstractIn June 2016, the Zimbabwe Constitutional Court held that life imprisonment without the possibility of parole is unconstitutional, finding that it constituted cruel and degrading punishment and a violation of the right to equal protection under the country's new constitution. The court widely cited international and foreign law to assess global trends on life imprisonment, especially the jurisprudence of the European Court of Human Rights. The decision illustrates the benefits for human rights advocates of citing international and foreign law in their pleadings, and is an example of “s

APA, Harvard, Vancouver, ISO, and other styles

33

Luna, Tania. "La paz en el espejo del constitucionalismo colombiano: la promesa incómoda de la Constituyente de 1991 y su resignificación en el constitucionalismo de la transición." Latin American Law Review, no. 12 (April 4, 2024): 71–92. http://dx.doi.org/10.29263/lar12.2024.04.

Full text

Abstract:

Peace is a right and a duty of obligatory compliance with the literal wording of Article 22 of the 1991Political Constitution. Its arrival in Colombian constitutionalism is commonly presented as a rupture resulting from a national scenario of consensus and generalized clamor for peace in the early 1990s. However, although the right to peace was included for the first time as a right in the 1991 Constitution,peace as a constitutional value has been present as a quest in the history of Colombian constitutionalismand has been recurrently appealed to in moments of constitutional change in which th

APA, Harvard, Vancouver, ISO, and other styles

34

Petkova, Bilyana. "The Notion of Consensus as a Route to Democratic Adjudication?" Cambridge Yearbook of European Legal Studies 14 (2012): 663–95. http://dx.doi.org/10.5235/152888712805580453.

Full text

Abstract:

AbstractBuilding on the theory of democratic constitutionalism, I assess the political implications of the constitutional space formed by the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national constitutional courts in Europe. Democratic constitutionalism helps situate the role of constitutional courts in stimulating a degree of consensus, necessary for governance of heterogeneous communities such as the United States and the European Union. Questions of legitimacy and confidence in the judiciary come to the fore. I examine a mechanism used by

APA, Harvard, Vancouver, ISO, and other styles

35

Szente, Zoltán. "Unmasking Authoritarian Constitutional Imaginary." Review of Central and East European Law 49, no. 2-4 (2024): 277–97. http://dx.doi.org/10.1163/15730352-bja10104.

Full text

Abstract:

Abstract This paper examines how the constitutional imaginary was transformed in Hungary after 2010, during the period of the right-wing populist government. While after the fall of the communist regime at the turn of the 1980s and 1990s there was a consensus that a Western-style democracy and the rule of law should be established in Hungary, and the democratic transition took place accordingly, 2010 was a turning point in the Hungarian constitutional development. The former right-wing opposition won a parliamentary supermajority in the general elections that year, which created an opportunity

APA, Harvard, Vancouver, ISO, and other styles

36

Marković, Goran. "Bosnia and Herzegovina: (Impractical) policy and (il)logical law." Arhiv za pravne i drustvene nauke 119, no. 1 (2024): 9–37. http://dx.doi.org/10.5937/adpn2401009m.

Full text

Abstract:

There are numerous issues of the constitutional system of Bosnia and Herzegovina which are controversial. They are often conditioned by the author's ideological and political views, but also by different theoretical approaches to the analyzed problems. These are fundamental questions of every constitutional system, on the solution of which more important things than academic discussions depend like the functioning of the state and the realization of fundamental constitutional principles. The author of this paper has used the opportunity to present his views on a number of fundamental issues in

APA, Harvard, Vancouver, ISO, and other styles

37

Stelina, Jakub. "On Persons “Not Authorized to Adjudicate” as Referred to in the 2024 Acts Concerning the Constitutional Tribunal." Europejski Przegląd Prawa i Stosunków Międzynarodowych, no. 1/2025/73 (April 2, 2025): 114–24. https://doi.org/10.52097/eppism.9661.

Full text

Abstract:

On September 13, 2024, the Sejm of the Republic of Poland adopted two new acts regulating the status of the Polish constitutional court – the Constitutional Tribunal Act and the Act on Provisions Implementing the said Act. Neither of these acts entered into force because the President of the Republic of Poland, before signing them, referred the acts to the Constitutional Tribunal under the so-called preventive control procedure. One of the declared goals of the laws in question is to fix up the constitutional court, in particular to solve the problem of the so-called “persons not authorized to

APA, Harvard, Vancouver, ISO, and other styles

38

Inoue, Tatsuo. "Constitutional Legitimacy Reconsidered: Beyond the Myth of Consensus." Legisprudence 3, no. 1 (2009): 19–41. http://dx.doi.org/10.1080/17521467.2009.11424684.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Krovelshchikova, Valeria V., and Oksana A. Chalmova. "POLITICAL AND LEGAL DEBATES ON ESTABLISHMENT OF AUSTRIA AS A FEDERAL STATE." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 75–84. http://dx.doi.org/10.17223/22253513/37/6.

Full text

Abstract:

Austrian federalism is closely associated with political historical events during the period 1918-1920. The union of Länder relied on the recognition of their autonomy, adoption of state constitu-tions, and the possibility of establishing the representative bodies. Many historians of law and lawyers maintain that a new Republic would have been established as a centralised unitary state. Programs of political parties and the first constitutional drafts reflected the ideas of a federal state in which states had extensive powers and expanded representation in the federation. Political parties had

APA, Harvard, Vancouver, ISO, and other styles

40

Malima, Masatu Julius, and ASTERIA NGAIZA. "Creating Discursive Conditions for Constitution Reforms in Tanzania." Journal of Pragmatics and Discourse Analysis 2, no. 1 (2023): 71–80. http://dx.doi.org/10.32996/jpda.2023.2.1.8.

Full text

Abstract:

There has been low public participation in discursive constitutional reforms in Tanzania. However, the discursive conditions shaping such low public participation were still unknown. The current study examined discursive conditions for constitutional practices. The study employed Mactayres' legitimation theory (1998) of the common public good to extract discursive conditions of reconstitution debates in Tanzania. A documentary review was used to extract data, and transcription and translation were later done. Four data sets were involved in the analysis: two public discursive forums, telephone

APA, Harvard, Vancouver, ISO, and other styles

41

Awad, Diaa. "The Reality of Legislative Authority in The Palestinian Political System." International Journal of Law Research and Studies 4, no. 5 (2025): 51–76. https://doi.org/10.59992/ijlrs.2025.v4n5p2.

Full text

Abstract:

Purpose: The study aimed to identify the legal foundations from which the Palestinian Legislative Council emerged, and to highlight the features of the Palestinian political system by tracing the path of the legislative authority since its inception until the decision to dissolve it in 2018. The aim was to identify the nature of this political system, determine its position among the major global political systems, and the extent of its consistency with the parliamentary and democratic principles approved by the Palestinian Basic Law of 2003 and its amendments. Methodology: The researcher used

APA, Harvard, Vancouver, ISO, and other styles

42

Ulum, Muhammad Bahrul. "Mekanisme Pemakzulan Presiden dan/atau Wakil Presiden Menurut UUd 1945 (Antara Realitas Politik dan Penegakan Konstitusi)." Jurnal Konstitusi 7, no. 4 (2016): 131. http://dx.doi.org/10.31078/jk747.

Full text

Abstract:

The Inquiry rights was the implementation of the oversight function of House Representative (DPR) to Presiden/and or Vice President. The use of inquiry right as a political strategy in impeachment mechanism to President/and or Vice President depend on reality and political consensus of the DPR, so there are possibilities and tendencies that the rule of law and democracy are not be able to maintained as stipulated in Article 1 the 1945 Constitution. The decree of impeachment of the President and/or Vice President as provide in the 1945 Constitution tend unable to uphold the rule of law when the

APA, Harvard, Vancouver, ISO, and other styles

43

Ogunniran, Iyabode. "GENDER ISSUES AND THE NIGERIAN CONSTITUTION: A RAY OF LIGHT, OR TWILIGHT ON THE HORIZON?" Gender Questions 3, no. 1 (2016): 114–32. http://dx.doi.org/10.25159/2412-8457/823.

Full text

Abstract:

The consensus in modern democracies is that constitutions should be based on inclusivity. However, the Nigerian constitution is replete with provisions which are interpreted to either deny the realities of women or outright discriminate against them. This article examines the intersections of gender, law and the Nigerian constitution. It argues that women have played a minimal role in the history of constitution making. The inclusion and interpretation of equality; non-discrimination; negative vs. positive rights and gender quotas are biased. The article posits that a conscious effort to give

APA, Harvard, Vancouver, ISO, and other styles

44

Nikolić, Oliver. "Neka pitanja u vezi sa Ustavom Srbije / Some Issues Related to the Constitution of Serbia." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (2016): 165. http://dx.doi.org/10.7251/gfp1606165n.

Full text

Abstract:

The Constitution of the Republic of Serbia from 2006. has been the subject of sharp criticism of many legal experts. The way it was written, adopted and approved in the referendum, for sure it can’t be a praiseworthy example of legality and, with some of its controversial solutions, it inevitably indicates the necessity to be altered. These problematic Constitutional provisions are the subject of this article. Starting from the very preamble of the Constitution, unnecessarily discriminating position between the autonomous provinces, politicizing and the non-coexistence of the Constitutional te

APA, Harvard, Vancouver, ISO, and other styles

45

Janssen, Achim. "VIII. Ohne Körperschaftsgarantie keine Reichsverfassung?" Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 107, no. 1 (2021): 333–58. http://dx.doi.org/10.1515/zrgk-2021-0008.

Full text

Abstract:

Abstract No Weimar Constitution without a guarantee of the corporate status of religious communities? The discussion about article 137 section 5 of the Weimar Constitution and its content in the National Assembly of Weimar. Some researchers hold that without the constitutional guarantee of the corporate status of religious communities in article 137 section 5 the Weimar Constitution in 1919 would not have come about. The minutes of the constituent Weimar National Assembly, however, do not indicate that the guarantee of the corporate status was in danger to fail in default of political consensu

APA, Harvard, Vancouver, ISO, and other styles

46

Djukanovic, Dragan. "Constitutional restructuring of Bosnia-Herzegovina: Initiatives and possibilities." Medjunarodni problemi 56, no. 2-3 (2004): 305–21. http://dx.doi.org/10.2298/medjp0403305d.

Full text

Abstract:

The revision of the Dayton agreement implies only the restructuring of the Annex 4 of the Constitution of Bosnia-Herzegovina or actually the present constitutional construction and territorial composition of Bosnia-Herzegovina. The unfavourable economic and political situation in Bosnia-Herzegovina shows that the achievements resulting from the implementation of the Dayton agreement have been modest so far. The author substantiates this by presenting the data on a very small number of persons who managed to achieve their right to repatriation to their pre-war homes (in the 1995-2003 period). I

APA, Harvard, Vancouver, ISO, and other styles

47

Steuer, Clément, and Alexis Blouët. "The Notions of Citizenship and the Civil State in the Egyptian Transition Process." Middle East Law and Governance 7, no. 2 (2015): 236–56. http://dx.doi.org/10.1163/18763375-00703001.

Full text

Abstract:

This article deals with two notions that have become central in the Egyptian political and constitutional transition process since 2011 – citizenship and the “Civil State” – and presents the struggle to define them that took place during the 2012 writing of the Constitution. Even though the principle of citizenship is not seriously contested by any of the important political players, its scope and relationship with Islamic normativity (subordination, preeminence, or independence) have both been fiercely debated. As for the notion of the Civil State, it is characterized by an important semantic

APA, Harvard, Vancouver, ISO, and other styles

48

Rizwan, Muhammad, Manzoor Ahmad, and Syed Asif Anwar Bukhari. "Constitutional Dilemma of Pakistan: 1947 -1956." Global Legal Studies Review III, no. I (2018): 1–9. http://dx.doi.org/10.31703/glsr.2018(iii-i).01.

Full text

Abstract:

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Altho

APA, Harvard, Vancouver, ISO, and other styles

49

Sedler, Robert A., Herman Belz, and Melvin I. Urofsky. "Employment Equality, Affirmative Action, and the Constitutional Political Consensus." Michigan Law Review 90, no. 6 (1992): 1315. http://dx.doi.org/10.2307/1289416.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Podunavac, Milan. "Constitutional consensus in post communism: The case of Serbia." Filozofija i drustvo, no. 19-20 (2002): 213–45. http://dx.doi.org/10.2298/fid0209213p.

Full text

Abstract:

In the light of the dramatic events in political society in Serbia the author examines the most basic question of political theory of constitutionalism, i.e. how is it possible for a revolution to culminate in a viable form of constitutional government.

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!