Academic literature on the topic 'Constitutional courts of justice'

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Journal articles on the topic "Constitutional courts of justice"

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Henderson, Jane, and Marina Lomovtseva. "Constitutional Justice in Russia." Review of Central and East European Law 34, no. 1 (2009): 37–69. http://dx.doi.org/10.1163/157303509x406223.

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AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.
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Abat Ninet, Antoni. "Kelsen versus Schmitt and the Role of the Sub-National Entities and Minorities in the Appointment of Constitutional Judges in Continental Systems." ICL Journal 14, no. 4 (December 20, 2020): 523–43. http://dx.doi.org/10.1515/icl-2020-0015.

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Abstract In composed and decentralised states, sub-national entities and (ethnic, linguistic, racial) minorities ought to play a determinant role in the process of appointment of constitutional courts justices to obtain a balanced representation in the guardian of the constitution. The necessary appearance of constitutional justice independence can be at stake without a proportionated participation of minorities and sub-national entities in the court. It is not enough to introduce a symbolic presence. The first section of this essay analyses the transcendence and political-legal significance that the system of appointment of constitutional court judges has and its relation to the separation of powers (horizontal and vertical). The second section is a return to the roots, ie the system of appointment the Austrian Constitution of 1920, even that first constitutional court was created in 1919, and Kelsen’s theory on federalism. The third section carries out an analysis from a comparative constitutional law perspective by using as an analytical basis the reports on the composition of the Constitutional Courts of the European Commission for Democracy through Law. The paper ends with a reflection on Schmitt considerations on the Guardians of Constitutions.
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Novak, Stjepan. "DIJALOZI IZMEĐU USTAVNIH SUDOVA DRŽAVA ČLANICA EUROPSKE UNIJE I SUDA EUROPSKE UNIJE." Pravni vjesnik 36, no. 3-4 (2020): 113–36. http://dx.doi.org/10.25234/pv/10408.

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In the context of the discourse on constitutional identities, national constitutional courts enter into various forms of dialogue with the Court of Justice of the EU. After having engaged for an extended period of time in exclusively indirect dialogues that were more or less successful and were realised through their own practices, national constitutional courts started making use of the possibility offered to them pursuant to Article 267 of the Treaty on the Functioning of the European Union, i.e., the preliminary ruling procedure. The paper aims to prove that the dialogues which constitutional courts engage in with the Court of Justice of the EU are the most successful forms of their communication. For that purpose the paper compares these dialogues with indirect forms of communication between constitutional courts and the Court of Justice of the EU. It is in this context that the paper, following introductory considerations in the second part, considers the concept of constitutional identity from the viewpoint of the Court of Justice of the EU and the viewpoint of national constitutional courts. The third part of the paper analyses different forms of indirect dialogue between constitutional courts and the Court of Justice of the EU and draws conclusions about their effectiveness. The fourth part analyses particular procedures instituted before the Court of Justice of the EU by constitutional courts and points out the pros and cons of these procedures. Finally, the paper concludes that the procedures instituted by national constitutional courts pursuant to Article 267 of the Treaty on the Functioning of the European Union are the most direct and the most efficient forms of their communication with this Court.
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Kowalik-Bańczyk, Krystyna. "Should We Polish It Up? The Polish Constitutional Tribunal and the Idea of Supremacy of EU Law." German Law Journal 6, no. 10 (October 1, 2005): 1355–66. http://dx.doi.org/10.1017/s207183220001436x.

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Just one year after Polish accession to the European Union, the Polish Constitutional Tribunal was provided the opportunity to clarify its position regarding the supremacy of EC and EU law. In its two recent judgments, it joined the long tradition of a rather uneasy relationship between national Constitutional Courts and European Court of Justice (ECJ). The uneasiness of this relationship results from an ever-unsolved dilemma – which of the two judicial fora should have the last word in case of conflict between European norms and national constitution norms? The solution given by European Court of Justice in a series of early judgments seems obvious. It opted for an absolute supremacy of EC norms over national norms. On the other hand, the national Constitutional Courts usually accept the supremacy of EC law - but only as a consequence of transfer of some competences under strict conditions set by national constitutions. They thus accept the concept named by Neil Walker “constitutional pluralism”, meaning that the states are no longer the sole source of constitutional authority. However, national constitutions are still the “primary” source of any such authority.
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Bothe, Michael. "THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT CONCERNING THE JURISDICTIONAL IMMUNITIES OF GERMANY." Italian Yearbook of International Law Online 24, no. 1 (October 22, 2015): 25–35. http://dx.doi.org/10.1163/22116133-90000071a.

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In judgment No. 238/2014 the Italian Constitutional Court held that the Italian Constitution required Italian courts to disregard the decision of the International Court of Justice (ICJ) upholding Germany’s jurisdictional immunity and to continue proceedings against Germany concerning actions for damages arising out of war crimes and crimes against humanity committed by Germany during the Second World War. The Court balanced the constitutional value of respect for international law, demanding respect for the binding force of the ICJ judgment, against the value of enforcing fundamental rights, and gave precedence to the latter. This type of balancing has also been employed by the Court of Justice of the European Union and by the German Constitutional Court. Where the highest national courts prefer constitutional values over States’ international obligations, they cause a dilemma for other State organs as from the international perspective no State may rely on its internal law to justify non-performance of international norms. Yet the decision of the Italian Constitutional Court has attempted to close a “justice gap” in the regulation of the treatment of victims of international crimes committed during the Second World War. It is therefore hoped that the two governments follow the admonition of the ICJ to reopen negotiations.
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Crowe, Jonathan, and Suri Ratnapala. "Military Justice and Chapter III: The Constitutional Basis of Courts Martial." Federal Law Review 40, no. 2 (June 2012): 161–80. http://dx.doi.org/10.22145/flr.40.2.2.

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The High Court has long struggled with the constitutional status of military tribunals established to hear disciplinary charges against service personnel. The Court's judgments reveal three distinct theories on this issue. The first view holds that military tribunals exercise judicial power, but not ‘the judicial power of the Commonwealth’ within the meaning of s 71 of the Constitution. The second view holds that the power in question is not judicial power at all for constitutional purposes. The third view holds that the power is ‘the judicial power of the Commonwealth’, but can be exercised by courts martial under a limited exception to the rules set out in Chapter III of the Constitution. The first view dominated the High Court's reasoning until Lane v Morrison (2009) 239 CLR 230, where the judges endorsed the second view. This article contends that the first and second views pose insuperable difficulties when placed in their broader constitutional context. The authors therefore argue for the third interpretation. They further argue that the constitutional basis for the third view strongly implies that military tribunals may only exercise jurisdiction over offences by military personnel that relate to service discipline.
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Ezerov, Albert. "Application of the Constitution of Ukraine in the implementation of justice: basic principles." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 19–36. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-2.

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The article focuses attention on the fact that the phenomenon of the Constitution is not limited to the constitutional text, since the Constitution, first of all, is a system of basic values designed to limit any manifestations of arbitrariness of public authority to ensure human rights. At the same time, it is noted that the «tangible» for the constitutional system exactly is the embodiment of the material Constitution as a text and a system of legal requirements in lawmaking and law enforcement, which directly depends on the subjects of law «users» of the Constitution. It is noted that the application by the courts of the Constitution as an act of direct action allows filling in the gaps and eliminating other defects in the legislation, is one of the dimensions the embodiment of the supremacy of the Constitution of Ukraine in the law application. It has also been established that the provisions of Article 8 of the Constitution, according to which its norms are direct action norms, and an appeal to the court to protect the constitutional rights and freedoms of a person and a citizen directly on the basis of the Constitution of Ukraine are guaranteed in a systematic connection with Article 150 of the Constitution according to that powers the Constitutional Court of Ukraine refers to the resolution of issues of compliance with the Constitution of Ukraine (constitutionality) of laws and other legal acts, cannot restrict courts in competence of direct application of the Constitution and solution to the issue of compliance with any other regulatory acts, that should be applied in a specific case. It has been proved that one of the mechanisms for ensuring the direct operation of the norms of the Constitution is the review of court decisions in view of exceptional circumstances, which is one of the manifestations of the «responsibility» of the state and responsible public administration, since in this way the state fulfills its the duty to restore of human rights as a consequence violation due adopting an act that has the subject of judicial constitutional review and recognized as unconstitutional. It is summarized that the Constitution will be real only with the active position of the courts on the application of its provisions in resolving disputes, and the courts will occupy a prominent place in the system of separation of powers, only if the Constitution will be basis of judicial decisions. Key words: courts of the judicial system, Constitution of Ukraine, implementation of justice, constitutional politics, constitutional conflicts, generic principles, application of constitutional norms, human dignity, constitutional values.
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Abashidze, A. Kh, M. V. Ilyashevich, and A. M. Solntsev. "Anchugov & Gladkov v. Russia." American Journal of International Law 111, no. 2 (April 2017): 461–68. http://dx.doi.org/10.1017/ajil.2017.31.

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On April 19, 2016, in The Case Concerning the Resolution of the Question of the Possibility to Execute in Accordance with the Constitution of the Russian Federation the Judgment of the European Court of Human Rights of 4 July 2013 in the Case of Anchugov and Gladkov v. Russia in Connection with the Request of the Ministry of Justice of the Russian Federation (Anchugov & Gladkov (Russ.)), the Constitutional Court of the Russian Federation (Constitutional Court) held that decisions of the European Court of Human Rights (ECtHR) are binding on Russian courts, in accordance with Article 15(4) of the 1993 Constitution of the Russian Federation. At the same time, the Constitutional Court stressed the necessity of ensuring a reasonable balance between the obligation to implement ECtHR judgments and respect for the fundamental principles of the Russian Federation's constitutional system. The Constitutional Court found that because the ECtHR judgment in question implicitly conflicted with provisions of the Russian Constitution, Russian courts are not obliged to comply with the judgment regarding issues that remain in conflict; however, other means are available to the Russian legislature to give effect to the judgment. While the decision marks an important development in Russia's relationship with the European system of human rights, it is not inconsistent with the approach taken by a substantial number of European domestic courts in holding that treaty obligations to enforce decisions of international courts cannot justify violating domestic constitutional norms.
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Onishchuk, Mykola, and Mykhailo Savchyn. "Direct effect of the Constitution and implementation of its provisions in administrative justice." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 6–26. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-1.

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The problem of direct effect of the Constitution is related to the some aspects of the systematics of sources of law in the legal system of Ukraine in the pint of view of comparative law. Today, the processes of convergence in law continue. In the light of such dynamics, there is a multilevel and pluralistic picture of the direct effect of the provisions of the Constitution of Ukraine as a component of its highest legal force. The resolution of human rights cases by courts is a complex case, as it refers to their excessive restriction by law, which is not based on a sufficient legal basis. Constitutional justice is relevant to the practice of courts of general jurisdiction, as it is often in acts of constitutional justice that the provisions of the constitution are interpreted. The article is the disclosure of the direct action of the Constitution Ukraine in the exercise of administrative justice through the implementation of its provisions in court decisions. The highest legal force of the Constitution is revealed through the lens of the components of the reasoning of court decisions. Direct action has been analyzed as a component of the normative nature of the Constitution, in particular because of the duty to protect of human rights and apply the principles of proportionality, as well as the correlation between the legal force of the Constitution and the acts of the Constitutional Court. The implementation of the decisions of the Constitutional Court in the activity of administrative courts, in particular through the system of reasoning of their decisions, is revealed. Based on a holistic understanding of the Constitution, it is concluded that the duty to protect the state arises from the violation of its human (i.e. body) human right by the agent and the main duty of the court is to restore such right in full. Key words: decisions of constitutional justice, direct effect of the constitution, human rights, legal reasoning, review of judicial decisions, supremacy of the constitution.
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Krjažkova, Ol’ga. "Die Bedeutung der russischen Verfassungsreform des Jahres 2020 für die Verfassungsgerichtsbarkeit." osteuropa recht 67, no. 1 (2021): 27–40. http://dx.doi.org/10.5771/0030-6444-2021-1-27.

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The article analyzes the 2020 Russian constitutional reform with a special focus on constitutional justice. The author discusses the changes of the Constitution and the legislation on the Federal Constitutional Court and the Constitutional Courts of the constituent entities (subjects) of the Russian Federation. The analysis shows three main developments: First, the liquidation of the constitutional (charter) courts of the subjects of the Federation and their possible replacement by councils within legislative bodies. Secondly, changes of the organization of the Constitutional Court (the reduction of the number of its members, the decision that dissenting opinions of judges are no longer published), and of its relationship with other state bodies (increased dependence on the president and the Federation Council). Thirdly, the changes of the powers of the Constitutional Court (expansion of the powers and reduction of the capacity to consider complaints about violations of constitutional rights and freedoms of citizens). The analyses also looks on previous changes of the legal regulations in this area and the case law of these courts. The article shows that the changes were made gradually and are affected by the current Russian political regime. Lastly, it shows that the constitutional reform did not strengthen, but weakened the institutions of constitutional justice in Russia.
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Dissertations / Theses on the topic "Constitutional courts of justice"

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Moran, Katherine E. Ms. "Comparing and Contrasting the Constitutional Approaches of Justice Scalia and Justice Breyer Through the Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/174.

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The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et al. 4). The Living Constitution, or evolutionist approach to constitutional interpretation, contends that the meaning of the Constitution evolves with the standards of society, and the purpose or intent behind the Constitution or an amendment is as important, if not more so, than the literal language when interpreting a Constitutional amendment as it applies to actual cases as they arise (8). These two approaches are fundamentally oppositional, and Justices Scalia and Breyer are the very embodiment of these approaches on the Supreme Court today; each man avidly defends his respective approach in his opinions and other written works, and each exhibits the logic of these approaches in his decisions. The purpose of choosing a case that is undecided (at the time of this writing) is to explore and flesh out the actual decision-making process of both Justices and their constitutional theories, rather than merely critiquing their decisions and holdings in a case that has already been adjudicated. This exploration is particularly useful because it allows one to decipher how these approaches are similar and different in interpreting the Constitution.
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Hilly, Laura Ellen. "Experienced justice : gender, judging and appellate courts." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d3f64853-898a-4c01-a17e-819d6a095f52.

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The under-representation of women in the senior appellate judiciary in common law jurisdictions remains an enduring problem. Much has been written about the lack of women’s participation in the judiciary and what strategies, if any, should be undertaken in order to resolve this persistent problem. However, this thesis takes a step back to ask a broader question: what impact does gender diversity have upon judicial decision making in appellate courts? It seeks to answer this question by engaging feminist standpoint theory to assess the experiences of men and women judges from three common law jurisdictions: England, South Africa and Australia. Through a series of interviews conducted with members of the senior judiciary in these jurisdictions in 2012 and 2013, this thesis explores the extent that interviewees consider that gendered experiences impact upon their own judging, and judging within the dynamics of collegiate appellate courts. This thesis concludes that while it is not possible to pinpoint one particular ‘contribution’ or ‘impact’ that gendered experiences have upon judging, it is nonetheless generally considered by those interviewed to be an important part of the judicial decision making process in several subtle, yet important, ways. Because of the considerable role that diverse gendered experiences play in judicial decision making, appointments processes should be sensitised to the need for diversity of experience and alive to the danger of ostensibly neutral appointment criteria devaluing diverse experiences, particularly the experiences of women in the law.
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Lebedel, Sophie. "Le précédent dans les décisions des cours constitutionnelles : Étude comparée des expériences française, espagnole et italienne de justice constitutionnelle." Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0067.

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La règle du précédent, clé de voûte de la Common law, impose au juge de respecter les décisions analogues précédentes, en l’absence de justification pour se départir de celles-ci. Cette règle est donc logiquement absente de la théorie du droit romano-germanique, selon laquelle, schématiquement, le juge n’est soumis qu’à la loi. Pourtant, l’étude des décisions des juridictions de tradition romaniste et, plus précisément, des cours constitutionnelles montrent que ces dernières n’hésitent pas à appliquer la règle du précédent. Il ne s’agit pas d’une volonté de se soumettre à un précédent contraignant et obligatoire, mais de juger en conformité et dans la logique des solutions antérieurement adoptées. L’autorité du précédent constitutionnel est donc, le plus souvent, psychologique et le juge constitutionnel peut renoncer à l’appliquer lorsqu’il l’estime nécessaire. Le précédent devient ainsi un instrument judiciaire universel, permettant d’assurer, indifféremment du système juridique, l’uniformité et la cohérence de la jurisprudence
Precedent, the key-stone of Common law, obliges the Court to comply with analogous preceding decisions, in the absence of justification for abandoning them. This rule is therefore logically absent from the theory of Civil law, according to which, schematically, the Court is only bound by written law. Nevertheless, the study of court decisions in Civil law systems and, more exactly, those of constitutional courts show that they do not hesitate to apply the rules of precedent. It is not a question of a will to be held by a binding and obligatory precedent, but to judge in conformity and within the logic of previously adopted solutions. The authority of constitutional precedent is therefore, more often than not, psychological and the constitutional court can desist from applying it when it deems necessary. Precedent thus becomes a universal judicial instrument, enabling to ensure, regardless of the legal system, the uniformity and the coherence of case-law
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Hatry, Sarah. "Le principe constitutionnel d'autonomie de la justice pénale des mineurs." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0346/document.

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L’autonomie de la justice pénale des mineurs est un principe essentiel du droit français, bénéficiant d’un large ancrage dans la législation et les concepts républicains. Ce principe repose sur une approche protectrice et humaniste de l’enfance délinquante. Cependant, il n’a pas fait l’objet d’une consolidation constitutionnelle suffisante jusqu’à aujourd’hui. Le mouvement amorcé en 2002 de déspécialisation de la justice pénale des mineurs et son rapprochement avec la justice pénale des adultes en témoigne. Il sera proposé des pistes pour opérer une véritable consolidation constitutionnelle du principe d’autonomie de la justice pénale des mineurs et pour améliorer la protection constitutionnelle spécifique des mineurs délinquants
The autonomy of the juvenile criminal justice is a fundamental rule of the French law rooted in the legislation and the republican principles. This rule is based on a protective and humanistic approach of the juvenile delinquency. However, it has not been sufficiently consolidated to date. This fact is evidenced by the process of “despecialisation” of the juvenile criminal justice and its rapprochement with the criminal justice system for adults, which started in 2002. Ways to realise a real constitutional consolidation of the principle of the autonomy of the juvenile criminal justice and to improve the specific constitutional protection of juvenile delinquents will be suggested
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Valiullina, Farida. "Dialogue of the Courts in Europe: Interactions between the European Court of Human Rights, the Court of Justice of the European Union and the Courts of the ECHR Member States." Doctoral thesis, Humboldt-Universität zu Berlin, 2017. http://dx.doi.org/10.18452/18609.

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Aufgrund des wachsenden Bedarfs an kohärenter Interaktion zwischen dem Europäischen Gerichtshof für Menschenrechte, dem Gerichtshof der Europäischen Union und den Gerichten der EMRK-Mitgliedstaaten, untersucht diese Arbeit die Problematik von Kompetenzkonflikten, die die Glaubwürdigkeit der europäischen und nationalen Gerichtshöfe untergraben und die Effektivität des gerichtlichen Rechtsschutzes in Europa schwächen, und schlägt die Lösungen vor, um Rechtsprechungskonflikte zwischen den Gerichtshöfen zu verringern. Es erfolgt eine Betrachtung der Fragen, wie Inkonsistenzen der gerichtlichen Rechtsprechung der europäischen und nationalen Gerichte vermieden werden können, wie der Beitritt der EU zur EMRK angegangen werden kann und wie das Piloturteilsverfahren des EGMR und nationalen gerichtlichen Überprüfungsverfahren wirksam funktionieren kann. Die Arbeit kommt zu dem Schluss, dass es für die Koordination der Zusammenarbeit zwischen den Gerichten wichtig ist, ihre Interaktionen zu verstärken, indem bewährte Verfahren auf allen Ebenen ausgetauscht werden. Um eine tiefere Integration der Staaten in die europäische und internationale Gemeinschaft zu erreichen und das Risiko von sich widersprechenden gerichtlichen Entscheidungen zu reduzieren, wird von den Mitgliedstaaten erwartet, dass sie ihre Verpflichtungen aus dem EU-Recht und der EMRK verlässlich erfüllen, und die europäischen Gerichtshöfe werden ihrerseits die Möglichkeit eines Eingriffs in die Souveränität der Staaten ausschlieβen lassen. Nur wenn einvernehmlich beschlossene Lösungen angenommen werden, wird eine größere Kohärenz in Rechtsprechung der europäischen und nationalen Gerichtshöfe erreicht und ein einheitliches System zum Schutz der Menschenrechte gewährleistet.
In light of the growing need to establish a coherent relationship between the European Court of Human Rights, the Court of Justice of the European Union and the courts of the ECHR member states, this study explores the challenges of jurisdictional competition that undermine the credibility of the courts and weaken the effectiveness of judicial protection of fundamental rights in Europe, and suggests ways to reduce emerging judicial tensions between these courts. It examines how to avoid inconsistencies in judicial practices of the European and national courts, how to approach accession of the EU to the ECHR, and how to ensure effective functioning of the pilot judgment mechanism and national judicial review procedures. It concludes that in order to coordinate cooperation between the courts it is important to strengthen their interactions through adhering to best practices at all levels. To pursue deeper integration of states into the European and international community and minimise the chance of rendering contradicting judgments by the courts, member states are expected to comply faithfully with their obligations under EU law and the ECHR, and the European courts shall exclude the possibility of encroachment on state sovereignty. Only if mutually agreed solutions are adopted will a greater consistency in their case law be achieved and a uniform system of protection of human rights ensured.
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Jurion, Roxane. "La jurisprudence économique du Conseil constitutionnel." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0176.

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La thèse porte sur le contenu économique de la jurisprudence du Conseil constitutionnel. Il s'agit, dans un premier temps, de délimiter l'ensemble des décisions de cette jurisprudence qu'on peut qualifier d'économiques. Cette étape vise à s'interroger sur la spécificité de la jurisprudence constitutionnelle dans ce domaine. L'hypothèse centrale consiste dans l'idée d'une marge de pouvoir discrétionnaire laissée au législateur s'agissant des grands choix de politique économique. Cette étude jurisprudentielle aboutit donc à une conclusion plus générale en ce qui concerne le contenu économique de la Constitution de 1958. La faible contrainte constitutionnelle sur la politique économique nationale peut être interprétée comme une forme de « neutralité économique » de la constitution. En dépit de cette neutralité apparente, il est possible de déceler une philosophie économique sous-jacente dans la jurisprudence constitutionnelle relative tant aux limites opposables au législateur qu’à la répartition des pouvoirs en termes de politique économique. L’analyse jurisprudentielle est confrontée aux grands courants de pensée économique et soulève les difficultés posées par la construction européenne, à l’heure où celle-ci fait peser un certain nombre de contraintes sur la politique économique des États et dans un contexte appelant à une redéfinition des rapports structurants entre droit, économie et politique
The research analyses the economic content of the decisions of the French constitutional court. Which decisions can be qualified as economic decisions ? Is there a specificity of such economic decisions compared to other kinds of decisions ? We conclude that as far as economic policies are concerned we can observe a marked judicial self-restraint of the court. This judicial self-restraint can be interpreted as a sign of a kind of ″economic neutrality″ of the French constitution. Despite this apparent neutrality, it is possible to detect an underlying philosophy in the Constitutional Council’s decisions related to the judicial limitation of the legislator’s intervention and to the division of powers in the matter of economic policy. The analysis will be compared with the economic thinking, and will take into account the European construction, at a time when European Union impose burdens on Member States’ economic policies, and in a context calling for a redefinition of the structural links between law, economics and policy
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Carrick, Ross Dale. "Court of Justice of the European Union as a democratic forum." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7797.

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The purpose of this thesis is to examine the procedural democratic legitimacy of the Court of Justice of the European Union. The Court of Justice has been instrumental in the construction of the European Union. Through its interpretation of the Treaty of Rome since the 1960s, it has constituted a legal system distinctive in kind. In contrast to orthodox instances of the political community – international organisations and the nation-state – the EU exemplifies no general type. Its legal, constitutional, political, economic and social infrastructures are part of a complex and pervasive web of overlapping jurisdictions that goes some way beyond the ordinary international organisation (by virtue of constitutional principles such as direct effect and citizenship), but not quite as far as the nation-state (e.g. sovereignty contestation). This being the case, its interlocutors have long since understood that the EU is in a state of transformation – it is itself a project and a process, the end result of which (finalité) is unknown. As such, many questions have been asked about the legitimacy of this process; and, given the Court of Justice’s (in)famous generative role within this process, the Court also finds itself the subject of such scrutiny. The legitimacy of the Court of Justice has been the focus of attention from both academics and practitioners. Most of that attention has been on the Court’s jurisprudence and jurisdiction – scrutinising the legal reasoning of cases; or questioning the limits of its constitutional functions according to axiomatic conceptions of, for example, the separation of powers doctrine. By contrast, less attention has been paid to the democratic legitimacy of the Court of Justice, and much less in relation to the Court’s institutional design. The subject-matter of the analysis in this thesis is the Court’s structures and processes, such as: the composition and appointments processes for members of the Court; the mechanisms that give access to various kinds of participants (such as locus standi and third-party intervention); and the use of judicial chambers. Procedural democratic legitimacy, moreover, has two dimensions: intrinsic and instrumental. The intrinsic is a measure of the democratic credentials of the Court as a discrete decision-making authority (such as representativeness and democratic participation); whereas the instrumental is concerned with the ways in which the Court contributes to the overall democratic legitimacy of the EU. In this thesis, the structures and processes of the Court of Justice are examined in light of both of those criteria. In contrast to prevailing approaches of constitutional theorists – who tend to treat these criteria as functions that are quite discrete, and their performance as mutually exclusive – an important theoretical contribution of this thesis is to develop an analytical framework that allows for the inherent synergies and tensions that exist between intrinsic and instrumental criteria to be factored into analyses of the democratic legitimacy of constitutional courts.
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Bučiuvienė, Roma. "Konstitucinio teisminio proceso pagrindiniai bruožai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090122_140233-46635.

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Šiame darbe siekiama atskleisti konstitucinio teisėtumo ir teisėtumo sampratą mokslinėje literatūroje. Remiantis normine literatūra siekiama išanalizuoti Lietuvos Konstitucinio Teismo ir kitų teisminių institucijų funkcijas, jų tarpusavio ryšį. Konstitucinio teisminio proceso pagrindiniai bruožai atskleidžiami civilinės, baudžiamosios, administracinės bei Čekijos ir Lenkijos konstitucinės teisenos kontekste. Pateikiama teismo proceso samprata, teismo proceso principai, analizuojamos stadijos, proceso subjektai, sprendimų rūšys. Ypatingas dėmesys skiriamas Konstitucinio Teismo nutarimams, nes šie baigiamieji konstitucinės justicijos bylos teisės aktai turi įtakos teisėkūrai, bendrosios ir specialiosios kompetencijos teismams bei visai teisės sistemai apskritai.
This work is aimed at finding out the concept of legalicy and constitutional legalicy in academic literature. Considering law literature to analize functions of the Constitutional court and other courts of Lithuania and relation between them. The main features of the Constitutional court process are disclosed in the context of civil, criminal, administrative as well as Czeck and Poland constitutional proceedings. This work presents the concept of proceeding. It also analyzes the main principles, stages, subjects and judgements of proceeding. The main attention is paid to judgements of the Constitutional court as these documents influence the legislation of law, other courts of Lithuania and the system of law in general.
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Pilybaitė, Indrė. "Konstitucinės justicijos institucijos Baltijos šalyse (Estija, Latvija, Lietuva)." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070104_201731-70757.

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In this work author pursuing to compare Estonian, Latvian and Lithuanian institutions of the constitutional justice, bring out similarities and differences. To take notice of place of these institutions in states government system, method of formation, judge status, jurisdiction of institutions, process basic features, and determined judgments legal force. Of every democratic countries law systems fundament is constitution, so it is very important to guarantee the supremacy of law. Undoubtedly institutions of constitutional justice takes up one of the important place in assurance of constitutional conformity in state. author analyses institutions which implement constitutional control in most related neighbor countries: Lithuania, Latvia and Estonia. In Lithuania and Latvia to fulfill this function there are established special institutions – Constitutional courts, meanwhile in Estonia this function is dedicated to supreme instance of common court system – Supreme Court, and if to make clear, one of constituent part of this court – Constitutional Review Chamber. Also, the fundamental models of constitutional justice and it's variety, and the history of constitutional justice institutions in Baltic states were discussed in brief in this work. Author analyses, why these institutions are considered to be a part of common court system. Basing on descriptive, comparative and analysis method were investigated the order of these institution formation, legal status of judges, the... [to full text]
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Arend, Ayesha. "Attaining Justice through ‘Just and Equitable Compensation': A critique of South African courts' current approach to section 25(3) of The Constitution, and determining whether ‘Expropriation without Compensation' may be considered ‘Just and Equitable'." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32445.

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The land debate regarding just and equitable compensation and the potential 'expropriation without compensation' amendment to section 25 of the Constitution of the Republic of South Africa1 has been a contentious issue in South Africa over the past year. Owing to colonialism and the apartheid regime, secured land rights and control were reserved for the white minority. This resulted in the mass dispossession of land that was owned and/or controlled by black, coloured and Asian people. In light of our country's deplorable history of land dispossession, section 25(1) of the Constitution was included to command that no person be deprived of property except in terms of law of general application. In addition, in accordance with section 25(2), property may be expropriated only in terms of law of general application for a public purpose and subject to compensation. However, despite the inclusion of these transformative provisions, 25 years into our constitutional democracy, a large portion of previously disadvantaged individuals remain disadvantaged owing to socio-economic oppression, their inability to secure land rights and the country's slow-moving land reform process. This dissertation is based on the notion that transformation in the area of land reform has been conducted at a glacial pace, owing to South African courts' market value-centred approach to determining just and equitable compensation amounts that are to be awarded in expropriation cases. By analysing sections 25(2), 25(3) and 25(8) of the Constitution, the courts' constitutional jurisprudence and academic literature, this dissertation aims to investigate whether it is necessary for the courts to re-evaluate the approaches taken during the initial stages of land reform; considering the need for a speedier land reform process. Upon considering the current composition of section 25(3), I contend that if the courts alter their approach to legal interpretation by placing more weight on a purposive approach when interpreting this section's requirement of 'just and equitable compensation', the results of expropriation cases will give effect to the transformative values that underpin section 25 - hence the Constitution need not be amended to allow for expropriation without compensation in order to give effect to land reform as envisioned in section 25(8). This increased purposive approach to interpretation will encourage the courts to adopt an inclusive interpretation of 'just and equitable compensation' which allows for the expropriation of land with compensation, without compensation and with partial compensation.
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Books on the topic "Constitutional courts of justice"

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Teismas, Lithuania Konstitucinis. Constitutional justice in Lithuania. Vilnius: Constitutional Court of the Republic of Lithuania, 2003.

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La pratique française de la justice constitutionnelle. Aix-en-Provence: Presses universitaires d'Aix-Marseille, 1990.

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Marcou, Jean. Justice constitutionnelle et systèmes politiques: Etats-Unis, Europe, France. Grenoble: Presses universitaires de Grenoble, 1997.

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Fromont, Michel. Justice constitutionnelle comparée. Paris: Dalloz, 2013.

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Justice constitutionnelle et transition démocratique en Europe de l'Est. Clermont-Ferrand: Presses universitaires de la Faculté de droit de Clermont-Ferrand, 1998.

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Papasavvas, Savvas. La justice constitutionnelle à Chypre. Aix-en-Provence: Presses universitaires d'Aix-Marseille, 1998.

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Colom, Jacques. La justice constitutionnelle dans les états du nouveau commonwealth: Le cas de L'Ile Maurice. Aix-en-Provence: Presses universitaires d'Aix-Marseille, 1994.

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Justice constitutionnelle et justices européennes des droits de l'homme: Étude comparée : France-Allemagne. Bruxelles: Bruylant, 2009.

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Newberg, Paula R. Judging the state: Courts and constitutional politics in Pakistan. Cambridge: Cambridge University Press, 1995.

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Lāmichāne, Juktijaṅga. Nyāya, samanyāya ra sadviveka: Justice, equity, and good conscience. Kāṭhamāḍauṃ: Tārā Lāmichāne, 2011.

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Book chapters on the topic "Constitutional courts of justice"

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Toki, Valmaine. "Constitutional frameworks – the Treaty of Waitangi." In Indigenous Courts, Self-Determination and Criminal Justice, 100–134. Abingdon, Oxon ; New York : Routledge, 2018. | Series: Indigenous peoples and the law | Based on author's thesis (doctoral - University of Waikato, 2016) issued under title: A case for an indigenous court – a realisation of self-determination?: Routledge, 2018. http://dx.doi.org/10.4324/9781351239622-5.

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Eusepi, Giuseppe, Alessandra Cepparulo, and Maurizio Intartaglia. "Parallelisms and Paralogisms in the European Court of Justice." In Constitutional Mythologies, 121–34. New York, NY: Springer New York, 2011. http://dx.doi.org/10.1007/978-1-4419-6784-8_9.

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Stefanus, Hendrianto. "Miscarriage of chief justices." In Law and Politics of Constitutional Courts, 185–215. Abingdon, Oxon [UK]; New York, NY: Routledge, 2018. | Series: Islamic law in context: Routledge, 2018. http://dx.doi.org/10.4324/9781315100043-8.

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Toki, Valmaine. "Constitutional frameworks – the United Nations Declaration on the Rights of Indigenous Peoples." In Indigenous Courts, Self-Determination and Criminal Justice, 135–59. Abingdon, Oxon ; New York : Routledge, 2018. | Series: Indigenous peoples and the law | Based on author's thesis (doctoral - University of Waikato, 2016) issued under title: A case for an indigenous court – a realisation of self-determination?: Routledge, 2018. http://dx.doi.org/10.4324/9781351239622-6.

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Tomuschat, Christian. "The Illusion of Perfect Justice." In Remedies against Immunity?, 55–70. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_3.

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AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.
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Andrade Neto, João. "A Constitutional Court Looking for Justification." In Ius Gentium: Comparative Perspectives on Law and Justice, 233–81. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-02263-1_6.

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Bufalini, Alessandro. "Waiting for Negotiations: An Italian Way to Get Out of the Deadlock." In Remedies against Immunity?, 191–208. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_9.

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AbstractThe outcome of Judgment 238/2014 does not directly rely on the fact that the international dispute on state immunity involves two member states of the EU. Also, it is difficult to envisage at the European level any normative development on the international rules on state immunity. It seems, however, that some useful lessons can be learnt from the judicial dialogue between the European Court of Justice, the European Court of Human Rights, and constitutional courts. In very general terms and for many reasons, the relationship between constitutional courts and the International Court of Justice (ICJ) cannot rely on particularly sophisticated techniques of judicial dialogue.This encourages us to consider the importance of involving state-level political organs as one of the counterparts to the dialogue. The potential power of judges to address these political organs in order to find a diplomatic solution raises the thorny question of whether this availability of alternative means of dispute settlement at the international level might impact on (or somehow restrict) the right of access to justice for Italian victims. Since both ICJ and the Italian Constitutional Court (ItCC) seem to agree that negotiation is the alternative dispute settlement par excellence (and the only means available to settle the present dispute at the international level), the ItCC might have given more importance to the availability of alternative means of redress—in the form of negotiations between the two states—in order to wear down the absolute character of the principle of judicial protection enshrined in Article 24 of the Italian Constitution.Of course, a negotiated solution depends upon the willingness of both parties, whereas an Italian political initiative aimed at unilaterally granting reparation to the victims is always possible. Moreover, the latter solution may stop the enforcement of Judgment 238/2014 and reduce Italy’s exposure to international responsibility for non-compliance with the 2012 ICJ Judgment. So long as Italian victims and their heirs are compensated, the restriction on their right to seek justice through the courts might become more tolerable for the Italian tribunals.
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Ferreira, Paulo Marrecas. "An Experience of Reasonable Accommodation. The Portuguese Constitutional Court Ruling N. 544/2014, Dated 15th July." In Racial Justice, Policies and Courts' Legal Reasoning in Europe, 191–204. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-53580-7_10.

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Callejón, Francisco Balaguer. "The Relations Between the EU Court of Justice and the Constitutional Courts of the Member States." In The European Union after Lisbon, 251–78. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19507-5_9.

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Kenney, Sally J. "The Judges of the Court of Justice of the European Communities." In Constitutional Dialogues in Comparative Perspective, 143–71. London: Palgrave Macmillan UK, 1999. http://dx.doi.org/10.1057/9780333982518_7.

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Conference papers on the topic "Constitutional courts of justice"

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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." 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/18363.

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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Thohari, Fuad, and Afwan Faizin. "Implementation of Constitutional Courts Decision on Illegitimate Children in Indonesia." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.12.

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Váradi, Ágnes. "Access to Justice in Constitutional Court Proceedings: Germany." In MultiScience - XXXIII. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2019. http://dx.doi.org/10.26649/musci.2019.108.

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Rumadi, Dr. "Negotiating State, Religion and Human Rights: Debate in the Indonesian Constitutional Court." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.17.

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Wijayanti, Winda, Mery Christian Putri, and Sharfina Sabila. "The Role of the Constitutional Court as a Stimulator of the Amendment of Traffic and Road Transport Act." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.275.

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Gumbira, S. Wibowo, Supanto, Muhammad Rustamaji, and Agus Riewanto. "Disharmonization beetwen Constitutional Court and Supreme Court Regarding Illicit Material on the Corruption Reviewed Concept of Pancasila Justice." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.67.

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Krstevska Savovska, Katerina. "Determinat ion of Type and Duration of Sentences - Macedonian Government’s Arguments versus Constitutional Court’s Decision." In Twelfth Biennial International Conference Criminal Justice and Security in Central and Eastern Europe: From Common Sense to Evidence-based Policy–making. University of Maribor Pres, 2018. http://dx.doi.org/10.18690/978-961-286-174-2.20.

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Ayuni, Qurrata. "Judicial Review of Criminal Code Articles on Adultery, Rape and Same-Sex Obscene in Indonesia Constitutional Court." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.35.

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VÁRADI, Ágnes. "PUBLIC EDUCATION IN THE CASE LAW OF THE HUNGARIAN CONSTITUTIONAL COURT WITH SPECIAL REGARD TO THE QUESTION OF ACCESS TO JUSTICE." In 11th International Conference of J. Selye University. J. Selye University, Komárno, Slovakia, 2019. http://dx.doi.org/10.36007/3334.2019.165-176.

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Čepo, Marina, Ana-Marija Kovačević, and Martina Lučić. "SEXUAL ORIENTATION DISCRIMINATION - A EUROPEAN PERSPECTIVE THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11948.

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Reports on the topic "Constitutional courts of justice"

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Feigenberg, Benjamin, and Conrad Miller. Racial Divisions and Criminal Justice: Evidence from Southern State Courts. Cambridge, MA: National Bureau of Economic Research, June 2018. http://dx.doi.org/10.3386/w24726.

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Krasinsky, Vladislav. Legal positions of Russian and foreign constitutional justice bodies about the range limits of state sovereignty. LJournal, 2017. http://dx.doi.org/10.18411/a-2018-026.

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Mattsson, Martin, and A. Mushfiq Mobarak. Rural institutional innovation: can village courts in Bangladesh accelerate access to justice and improve socio-economic outcomes? International Initiative for Impact Evaluation (3ie), April 2020. http://dx.doi.org/10.23846/dpw1ie116.

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Lyzanchuk, Vasyl. COMMUNICATIVE SYNERGY OF UKRAINIAN NATIONAL VALUES IN THE CONTEXT OF THE RUSSIAN HYBRID WAR. Ivan Franko National University of Lviv, February 2021. http://dx.doi.org/10.30970/vjo.2021.49.11077.

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The author characterized the Ukrainian national values, national interests and national goals. It is emphasized that national values are conceptual, ideological bases, consolidating factors, important life guidelines on the way to effective protection of Ukraine from Russian aggression and building a democratic, united Ukrainian state. Author analyzes the functioning of the mass media in the context of educational propaganda of individual, social and state values, the dominant core of which are patriotism, human rights and freedoms, social justice, material and spiritual wealth of Ukrainians, natural resources, morality, peace, religiosity, benevolence, national security, constitutional order. These key national values are a strong moral and civic core, a life-giving element, a self-affirming synergy, which on the basis of homogeneity binds the current Ukrainian society with the ancestors and their centuries-old material and spiritual heritage. Attention is focused on the fact that the current problem of building the Ukrainian state and protecting it from the brutal Moscow invaders is directly dependent on the awareness of all citizens of the essence of national values, national interests, national goals and filling them with the meaning of life, charitable socio-political life. It is emphasized that the missionary vocation of journalists to orient readers and listeners to the meaningful choice of basic national values, on the basis of which Ukrainian citizens, regardless of nationality together they will overcome the external Moscow and internal aggression of the pro-Russian fifth column, achieve peace, return the Ukrainian territories seized by the Kremlin imperialists and, in agreement will build Ukrainian Ukraine.
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CONCEPT AND FUNCTIONS OF E-JUSTICE IN THE DIGITAL ECONOMY. DOI CODE, 2021. http://dx.doi.org/10.18411/0131-5226-2021-70001.

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Abstract. The article deals with the concept of "electronic justice" and features of the use of electronic justice for the consideration of economic disputes. In the digital economy e-justice is one of the legal constructions that provide a comfortable legal environment for economic activity. This is a complex of legal relations and technological solutions that provides individuals and legal entities with the opportunity to use digital technologies at all stages of the judicial process, to obtain information about the activities of courts through electronic access. The e-justice mechanism includes video and audio recording of court sessions, electronic document management with the use of an electronic signature, an electronic archive for storing electronic documents, the use of cloud technologies, as well as the use of electronic documents as evidence. Improving the legal regulation of e-justice in the digital economy, along with reforming procedural legislation, should include the development of a Federal law on electronic documents.
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