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Journal articles on the topic 'Constitutional expansion'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

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

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

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2

Balaj, Luz, and Florent Muçaj. "The Extension of the Jurisdiction of Constitutional Court in Assessing the Constitutional Amendments – the Case of Slovakia and Kosovo." International and Comparative Law Review 20, no. 2 (2020): 239–53. http://dx.doi.org/10.2478/iclr-2020-0027.

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Summary This paper examines the jurisprudence of the constitutional courts of Slovakia and Kosovo regarding their assessment of the constitutionality of constitutional amendments. The rationale for the selected countries stands behind the practices of their Constitutional Courts of, in terms of the jurisdiction expansion in assessing constitutional amendments. Considering the fact that these courts have been recently established, the Slovak Constitutional Court with the Constitution of 1992 and the Constitutional Court of Kosovo with the Constitution of 2008, it is the purpose of this paper to

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3

Molloff, Stoil. "Constitutional Control, Protection of Fundamental Rights and Freedoms and the Sixth Amendment to the Constitution of the Republic of Bulgaria." Yearbook of the Law Department 12, no. 13 (2023): 168–75. https://doi.org/10.33919/yldnbu.23.12.7.

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The article traces the changes in the access to constitutional justice, adopted with the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (promulgated SG Nº106 of 22.12.2023), as well as the subsequent Decision No13 of 26 July 2024 on constitutional case Nº1/2024 of the Constitutional Court. The expansion of the application of direct and indirect constitutional control and the continued abstention of the constitutional legislator from the introduction of an individual constitutional complaint are examined.

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4

Batanov, O. V. "Trends in the development of constitutional law and problems of the transformation of the Constitution of Ukraine in the dimension of constitutional economy." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 139–44. http://dx.doi.org/10.33663/2524-017x-2023-14-139-144.

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The problems of the transformation of the Constitution of Ukraine in the context of the theory and practice of constitutional economics are considered. The problem of constitutionalization of economic relations is studied. The analysis of foreign experience shows that the successful development of the economy depends on the perfection of the mechanism of constitutional and legal regulation of economic and budget-financial relations, as well as the determination of the place and role of the state in the management of economic processes. The role of direct constitutional regulation of economic r

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5

Protsevskiy, V. A., E. V. Gorlov, and S. A. Zaporozhets. "The Impact of Constitutional Norms and Principles on Constitutional Economics." Lex Russica, no. 5 (May 26, 2022): 89–97. http://dx.doi.org/10.17803/1729-5920.2022.186.5.089-097.

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The paper considers the problems of constitutional and legal regulation in the sphere of the Russian economy; the thesis that the Constitution of the Russian Federation defines the essential features of the economy is investigated and substantiated. On the one hand, the effectiveness of constitutional legal norms depends on the state of the economy, and on the other hand, it is possible to ensure the effectiveness of the economy only through constitutional norms (norms-principles).The paper examines the genesis of constitutional legal regulation in the field of economic relations. The norms an

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6

Власова, Мария Алексеевна, and Илья Владиславович Рузанов. "ECONOMIC RELATIONS AND THE SUBJECT OF THE CONSTITUTION." Вестник Тверского государственного университета. Серия: Право, no. 3(67) (September 30, 2021): 131–35. http://dx.doi.org/10.26456/vtpravo/2021.3.131.

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В статье исследуется проблема конституционного регулирования экономики. Отмечается неуклонное расширение предмета конституционного регулирования в аспекте экономических отношений. Конституция не просто задает общие стандарты регулирования и развития хозяйственной сферы, а воздействует на нормы других отраслей права так, что они приобретают конституционно-правовое содержание и должны истолковываться в свете конституционных ценностей. Это обстоятельство требует корректировки методологии правовой науки и пересмотра модели мышления российских юристов в направлении конституционализации. The article

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7

Maués, Antonio Moreira. "Constitutional Entrenchment and Social Policy in Brazil." Verfassung in Recht und Übersee 57, no. 2 (2024): 305–28. https://doi.org/10.5771/0506-7286-2024-2-305.

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The 1988 Constitution promoted the expansion of social policy in Brazil, but other constitutional rules on fiscal policy limited the sources and funding of social spending. This paper discusses how the original text of the Constitution and its successive constitutional amendments entrenched both social and fiscal policy in Brazil, turning distributive conflicts into constitutional disputes over public resources. It also discusses how this constitutional regulation has constrained the policy options of different administrations regarding social spending. The paper concludes that these policies’

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8

Marshfield, Jonathan L. "State Constitutional Rights, State Courts, and the Future of Substantive Due Process Protections." SMU Law Review 76, no. 3 (2023): 519. http://dx.doi.org/10.25172/smulr.76.3.8.

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By most accounts, the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization signaled a broader stagnation (and perhaps retrenchment) of federal substantive due process protections. As a result, there is now great interest in the role that state constitutions and courts might play in protecting and expanding reproductive and privacy rights. This Article aims to place this moment in state constitutional development in broader context. It makes two core claims in this regard. First, although state courts are free to interpret state constitutions as providing broader individual ri

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9

Kaminska, Nataliia. "Authority of organs of constitutional jurisdiction on issues of international agreements: the experience of foreign states and Ukraine." ScienceRise: Juridical Science, no. 2(24) (June 30, 2023): 4–10. http://dx.doi.org/10.15587/2523-4153.2023.283460.

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In the conditions of Ukraine's implementation of the status of a candidate for EU accession, post-war reconstruction, the Constitutional Court of Ukraine, along with other authorities, is entrusted with the important mission of affirming and implementing universal human values and international standards. The purpose of the article is a comparative analysis of the powers of the organs of constitutional jurisdiction on issues of international treaties, for which the following tasks must be solved: - to find out the state of regulation of the powers of organs of constitutional jurisdiction relat

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10

Akchurina, Anna V. "On the Relevant Problems of the Constitutional Liability of Supreme Government Authorities and Officials in View of the Introduced Amendments to the Constitution of the Russian Federation." State power and local self-government 3 (April 1, 2021): 36–39. http://dx.doi.org/10.18572/1813-1247-2021-3-36-39.

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The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal san

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11

Prihandono, Tafta Aji, Sri Kusriyah Kusriyah, and Widayati Widayati. "Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia." Jurnal Daulat Hukum 1, no. 4 (2018): 1003. http://dx.doi.org/10.30659/jdh.v1i4.4145.

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In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (ex

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12

Tschorne, Samuel I. "Alexander Somek'sThe Cosmopolitan Constitution." German Law Journal 19, no. 6 (2018): 1519–28. http://dx.doi.org/10.1017/s2071832200023130.

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The Cosmopolitan Constitutionis an intriguing and puzzling book. In particular, the book has the uncanny ability to render fresh what is for the constitutional theorist familiar territory such as the debate on judicial supremacy and the counter-majoritarian difficulty, the expansion of the proportionality principle, etc. In fact, one of the most interesting aspects of its overarching argument is that given our present conditions—such as those of the cosmopolitan constitution or constitutionalism 3.0—we should be increasingly plagued by self-doubt, at least to the extent that we are to remain c

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13

Neder dos Santos, Erika, and Nathalia Xavier Laguardia. "THE EXPANSION OF THE PERFORMANCE OF THE JUDICIAL POWER." Revista Gênero e Interdisciplinaridade 3, no. 03 (2022): 133–49. http://dx.doi.org/10.51249/gei.v3i03.820.

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The Constitution of the Federative Republic of Brazil, with a lot of wisdom, brought several fundamental rights in your text. The search for your implementation, therefore, should be the driving spring of State action. However, the State does not have budget necessary to effect compliance with all fundamental rights described in your text, and many times do not have political will for the achievement of the constitutional dictates. Because of this, the Government must make choices designed to confer greater effectiveness for devices of the Constitutional Charter. Must have as purpose to pursue

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14

Miyawa, Maxwel. "Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis by James Thuo Gathii." Strathmore Law Review 3, no. 1 (2018): 99–106. http://dx.doi.org/10.52907/slr.v3i1.105.

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There has been an increasing number of written works deconstructing various transformative values underpinned by the Constitution of Kenya. One of these transformative values is the concept of constitutional supremacy which, arguably, has not received nuanced theoretical attention in Kenya’s constitutional law scholarship. Gathii theorises the unexplored, yet controversial question of judicial empowerment and its centrality in anchoring constitutional supremacy in the post-2010 politico-constitutional order. He provides a well-researched exploratory analysis of the functional, institutional an

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15

Deiak, Ivan. "Constitutionalization in the context of modern constitutionalism: theoretical and methodological analysis." Visegrad Journal on Human Rights, no. 4 (November 11, 2024): 38–43. http://dx.doi.org/10.61345/1339-7915.2024.4.5.

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The article examines constitutionalization as an important category of constitutional law. The author explores various approaches to understanding this concept, its historical development, and modern interpretations. The views of domestic and foreign scholars on the essence, characteristics, and forms of manifestation of constitutionalization are analyzed. Special attention is paid to the relationship between the concepts of “constitutional order”, “constitutionalism”, and “constitutionalization”. The author emphasizes that constitutionalization is a dynamic process that reflects the practical

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16

Fanisya, Berliananda Putri Prameswari, and Wisnaeni Fifiana. "Expansion of the Nature of Constitutional Court Decisions from Negative Legislature to Positive Legislature in Constitutional Law in Indonesia." International Journal of Social Science And Human Research 06, no. 07 (2023): 4351–58. https://doi.org/10.5281/zenodo.8179401.

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The nature of the Constitutional Court's decision in Indonesia experience an expansion of meaning, which initially only gave negative legislature decisions but gave several positive legislature decisions in reviewing the Law. It is necessary to know how the constitutionality and analysis of the legal considerations of the Constitutional Court's decision which are positive in nature in reviewing laws in the field of constitutional law. The approach method used in this study is normative juridical by examining the legal principles contained in statutory regulations. Based on the results

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17

Kuliavets, O. "Subject of the constitutional complaint in Ukraine." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 59–64. http://dx.doi.org/10.24144/2307-3322.2021.69.9.

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Given the experience of developed European countries in implementing the institution of individual constitutional complaint, Ukraine aims to increase the protection of human rights and freedoms. To this purpose, the institution of constitutional complaint was implemented in our country, which gave everyone the right to appeal to the Constitutional Court of Ukraine with a constitutional complaint to verify the constitutionality of the law applied in the final court decision on the subject of the constitutional complaint. As follows from the above, the subject of verification of the normat

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18

Kovalchuk, Olena. "Authority of the constitutional court of Ukraine: ways of improvement." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (2023): 259–65. http://dx.doi.org/10.23939/law2023.39.259.

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Annotation. The article examines the problems of regulatory regulation of the powers of the Constitutional Court of Ukraine at the level of the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine", the question of the adequacy of the scope of the powers of the Constitutional Court of Ukraine and the possibility of their improvement through a significant expansion in order to qualitatively ensure the performance of the function of protecting the Constitution of Ukraine. The foreign experience regarding the peculiarities of the powers of the constitutional coun

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19

Anichkin, Evgenii Sergeevich. "Development trends of the Russian constitutional law in post-Soviet time." Право и политика, no. 4 (April 2020): 18–33. http://dx.doi.org/10.7256/2454-0706.2020.4.32517.

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The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990&rsquo;s &ndash; present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends

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20

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

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

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21

Pustovalova, I. "The Constitution as a constituent document on the economic system of society." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 65–71. http://dx.doi.org/10.24144/2307-3322.2021.69.10.

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The article discusses the doctrinal definition of the potential capabilities of the constitution to establish the principles of the economic system of society, the relevant normative tools with which the constitutionalization of the economic system takes place, and it also turns out how the backbone (constituent) norms relating to the economic system are presented in the constitutions of various "generations". Based on the results of the study, the conclusion is substantiated that the impact of the constitution on the economy is most tangibly manifested in the intersection of the constituent a

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22

Kononov, K. A. "“The Subject Matter of the Branch Gets its Actual Expression in the System:” Prof. Ekaterina I. Kozlova about the System of Constitutional Law and its Institutions." Actual Problems of Russian Law 15, no. 3 (2020): 26–34. http://dx.doi.org/10.17803/1994-1471.2020.112.3.026-034.

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The paper has analyzed the academic heritage of Prof. Ekaterina I. Kozlova in the part of her research of fundamental issues of the theory of constitutional (state) law, namely: the system of the branch under consideration and public law institutions. The author focuses on suggested by Prof. Ekaterina I. Kozlova innovative division of the system of the branch of constitutional law and the structure of the Constitution, the substantive approach to the construction of the institution of state law, consistent defense of the concept of unity of the system of constitutional (state) law. The author

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23

Barroso, Luís Roberto. "MAJOR TRANSFORMATIONS IN CONTEMPORARY LAW AND THE TEACHINGS OF ROBERT ALEXY." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2018): 107–23. http://dx.doi.org/10.17768/pbl.v3i3-4.34404.

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The text examines the three major changes of paradigm in contemporary law, seen in parallel to Robert Alexy’s teachings. The author initially presents the phenomena of (i) the overcoming of legal formalism; (ii) the advent of a post-positivist legal culture; and (iii) the rise of public law and the centrality of the Constitution. The author then moves on to identify, in the work of Robert Alexy, the notion of the centrality of fundamental rights and of the Constitution, in contemporary law. The author also tackles the transformations in constitutional interpretation, focusing on (i) the recogn

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Barroso, Luís Roberto. "MAJOR TRANSFORMATIONS IN CONTEMPORARY LAW AND THE TEACHINGS OF ROBERT ALEXY." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2018): 107–23. http://dx.doi.org/10.17768/pbl.v3i3-4.p107-123.

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The text examines the three major changes of paradigm in contemporary law, seen in parallel to Robert Alexy’s teachings. The author initially presents the phenomena of (i) the overcoming of legal formalism; (ii) the advent of a post-positivist legal culture; and (iii) the rise of public law and the centrality of the Constitution. The author then moves on to identify, in the work of Robert Alexy, the notion of the centrality of fundamental rights and of the Constitution, in contemporary law. The author also tackles the transformations in constitutional interpretation, focusing on (i) the recogn

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25

Barroso, Luís Roberto. "MAJOR TRANSFORMATIONS IN CONTEMPORARY LAW AND THE TEACHINGS OF ROBERT ALEXY." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2015): 107–23. http://dx.doi.org/10.17768/pbl.y3.n3-4.p107-123.

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The text examines the three major changes of paradigm in contemporary law, seen in parallel to Robert Alexy’s teachings. The author initially presents the phenomena of (i) the overcoming of legal formalism; (ii) the advent of a post-positivist legal culture; and (iii) the rise of public law and the centrality of the Constitution. The author then moves on to identify, in the work of Robert Alexy, the notion of the centrality of fundamental rights and of the Constitution, in contemporary law. The author also tackles the transformations in constitutional interpretation, focusing on (i) the recogn

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26

Barroso, Luís Roberto. "MAJOR TRANSFORMATIONS IN CONTEMPORARY LAW AND THE TEACHINGS OF ROBERT ALEXY." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2018): 107–23. http://dx.doi.org/10.17768/pbl.y3n3-4.p107-123.

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The text examines the three major changes of paradigm in contemporary law, seen in parallel to Robert Alexy’s teachings. The author initially presents the phenomena of (i) the overcoming of legal formalism; (ii) the advent of a post-positivist legal culture; and (iii) the rise of public law and the centrality of the Constitution. The author then moves on to identify, in the work of Robert Alexy, the notion of the centrality of fundamental rights and of the Constitution, in contemporary law. The author also tackles the transformations in constitutional interpretation, focusing on (i) the recogn

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27

Deiak, I. M. "Constitutionalization as a category of constitutional law science." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 196–201. http://dx.doi.org/10.24144/2307-3322.2024.85.1.26.

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It is indicated that constitutionalization is one of the key categories of modern science of constitutional law, which reflects the process of penetration of constitutional norms and principles into various fields of law and spheres of public life. In the conditions of the development of a democratic legal state and the establishment of the rule of law, the study of this phenomenon becomes especially relevant. Constitutionalization acts not only as a theoretical concept, but also as a practical tool for ensuring the unity and coherence of the legal system, guaranteeing the constitutional right

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Zaostrovtsev, A. "Liberal Political Economy And Philosophy Of James Buchanan." Voprosy Ekonomiki, no. 11 (November 20, 2013): 34–52. http://dx.doi.org/10.32609/0042-8736-2013-11-34-52.

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The article examines the scientific legacy of the Nobel Prize-winning economist James Buchanan (1919—2013). The focus is on the evolution of his views on constitutional political economy. The article shows the displacement of Buchanan’s preferences from the expansion of inclusiveness of collective choice rules and the number of constitutional constraints to the generality principle — a non-discriminatory democracy as a means to counteract majoritarian democracy failures. It is concluded that finally Buchanan adopted radical subjectivism of the Austrian economic school and post-Keynesianism emb

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29

Tebayev, Didar Bolatovich. "EVOLUTION OF THE SYSTEM OF POWERS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 77 (2024): 278–85. http://dx.doi.org/10.52026/2788-5291_2024_77_2_278.

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The author notes that most Kazakh authors in determining the powers of the head of state one way or another adhere to a functional approach. The term «function» itself is found in the constitutions of some States. However, both in the first Constitution of independent Kazakhstan dated January 28, 1993, and in the current Constitution, this term was not used. Nevertheless, some provisions of the Constitution of the Republic can be interpreted as descriptions of the functions of the highest official of the State. In the article, the author examines the groups of powers specified in the Constitut

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Elisabeth, Sihaloho, and Wisnaeni Fifiana. "Prospect of Judicial Preview by Indonesian Constitutional Court as a Preventive Action to Protect Constitutional Rights (Comparative Study with the Constitutional Court of Chile)." International Journal of Social Science and Human Research 08, no. 02 (2025): 1168–76. https://doi.org/10.5281/zenodo.15005110.

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The existence of the Constitutional Court as stated in the provisions of Article 24C of the 1945 Constitution has established the dignity of the Constitutional Court's position as a Guardian of the Constitution which is understood as a judicial institution that protects the constitutional rights of Indonesia citizens. This research is aimed at solving the problem of the constitutional rights of Indonesia citizens who are often injured through legal products in the form of laws. Therefore, this study focuses on studying, analyzing and comparing how the context of judicial preview or can be unde

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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 reduct

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Komarova, V. V. "Constitutional Reform 2020 in Russia (Selected Issues)." Actual Problems of Russian Law 15, no. 8 (2020): 22–31. http://dx.doi.org/10.17803/1994-1471.2020.117.8.022-031.

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On the basis of the analysis of Law of the Russian Federation on Amendment to the Constitution of the Russian Federation as of March 14, 2020, No 1-FKZ “On improvement of regulation of certain issues of organization and functioning of public power,” legislation, acts and legal standings of the Constitutional Court of the Russian Federation, as well as the practice of transforming the Constitution of Russia, and Presidential directives, the author investigates some issues concerning the Constitutional Reform 2020 initiated by the Head of the State. The paper examines the issues of the new const

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Wieser, Bernd. "Die Änderung der russischen Verfassung 2020 – Auswirkungen auf die Verfassungsgerichtsbarkeit." osteuropa recht 66, no. 3 (2020): 415–36. http://dx.doi.org/10.5771/0030-6444-2020-3-415.

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The Russian Constitution of 1993 was subjected to its most extensive revision in 2020. The primary purpose of the changes was to strengthen the role of the President of the Republic. In addition, the position of the Constitutional Court was also significantly modified. The various extensions of the Constitutional Court‘s powers can only superficially be classified as “strengthening” the court itself. In terms of “power politics” they primarily benefit the President. He can now dismiss constitutional judges without major procedural obstacles. In all the newly added competencies for preventive a

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Volodina, S. V. "On the Application of the Principle of Trust in the Constitutional Model of the Separation of Powers in the Russian Federation." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 12 (2024): 115–23. http://dx.doi.org/10.17803/2311-5998.2023.112.12.115-123.

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The article examines the application of the constitutional principle of trust in the system of separation of powers, using the example of a model of interaction between the Government of the Russian Federation and the State Duma. The conclusion is formulated that the constitutional evolution of the control powers of the State Duma in relation to the Government of the Russian Federation, which occurred on the basis of laws on amendments to the Constitution of the Russian Federation (2008, 2020), is aimed at strengthening parliamentary control over the activities of the executive branch and is a

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35

Junussova, M. T. "Constitutional and legal aspects of protection of human and civil rights and freedoms in the Republic of Kazakhstan." BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 147, no. 2 (2024): 52–62. http://dx.doi.org/10.32523/2616-6844-2024-147-2-52-62.

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The study examines the historical development and stages of formation of the institutional framework regulating the provision of rights and freedoms of citizens on the territory of the Republic of Kazakhstan. A critical assessment of the expanding range of citizens' rights to access constitutional review is offered, while emphasizing the expansion of tools vital to the protection of inalienable human rights and freedoms. An assessment is made of the expansion of the rights and freedoms of citizens in the context of the Basic Law, ensuring their compliance with constitutional principles and stu

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Maslovskaya, Tatiana. "Transformation of the Institution of Constitutional Control in the Republic of Belarus." Academic Law Journal 24, no. 4 (2023): 480–91. http://dx.doi.org/10.17150/1819-0928.2023.24(4).480-491.

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The article examines the stages of the evolution of constitutional control in the Republic of Belarus, through the prism of the development of abstract and concrete control. Characterizing the form of abstract control, attention is drawn to a certain adjustment of abstract subsequent control, introduced with the adoption of the Constitution of the Republic of Belarus in 1994, at different stages of constitutional development (1996, 2014, 2022) in relation to subjects of circulation, objects of control. The form of mandatory preliminary control over the constitutionality of laws adopted by Parl

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Amin, Muhammad Fahd. "Constitutionalism and Judicialization of Politics in Pakistan." Journal of Law & Social Studies 5, no. 2 (2023): 211–22. https://doi.org/10.52279/jlss.05.02.211222.

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In the present day and age, almost every state function under the rules prescribed by its constitutional law. The government can exercise its power within the bounds of law and Constitution. The concept of constitutionalism is based on an elaborate system of checks and balances which prevents government from abusing its power. This whole theory places a huge responsibility on judiciary to examine the legality of governmental actions in the light of constitutional provisions. However, this power of judiciary is circumscribed by the constitutional design and is never meant to give unbridled powe

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Alfarijah, Dina Aisyah, Iskandar Muda, and Irwan Santosa. "Constitutionality of Freedom of Association Notary Organization in Indonesia." West Science Law and Human Rights 1, no. 04 (2023): 179–89. https://doi.org/10.58812/wslhr.v1i04.146.

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This research was motivated by the Law Test to the Constitutional Court, namely the test of the Notary Office Law (UUJN), especially Article 82 regarding Notary Organizations, the petitioners asked for a quo test because the provision has limited the freedom of association for Notaries to form Notary professional organizations. This restriction is considered to have violated the human rights of Notaries, especially the rights to association, assembly, and expression of opinions as the constitutional guarantee referred to is affirmed in the Constitution of the Republic of Indonesia Year 1945 (U

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M. Nggilu, Novendri. "Menggagas Sanksi atas Tindakan Constitution Disobedience terhadap Putusan Mahkamah Konstitusi." Jurnal Konstitusi 16, no. 1 (2019): 43. http://dx.doi.org/10.31078/jk1613.

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Mahkamah Konstitusi sebagai lembaga yang secara fungsional menjalankan tugas untuk mengawal konstitusi Indonesia, untuk memastikan apakah Konstitusi Indonesia dilaksanakan secara penuh dan bertanggung jawab atau tidak. Putusan-putusan Mahkamah Konstitusi yang mencerminkan jaminan constitution justice value baik dalam perkara Pengujian Undang-Undang terhadap Undang-Undang Dasar Tahun 1945, maupun dalam perkara Perselisihan Hasil Pemilihan Umum yang seharusnya dijalankan oleh semua pihak yang terkait dengan putusan tersebut, tak jarang memunculkan situasi terbalik. Oleh sebab itu, tulisan ini he

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Naumkina, Valentina V. "The Experience of the Constitutional Development in the Russian Empire on the Territory of the Grand Duchy of Finland and the Kingdom of Poland." Constitutional and municipal law 11 (November 5, 2020): 64–66. http://dx.doi.org/10.18572/1812-3767-2020-11-64-66.

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The article considers the state policy in the field of constitutional legislation in the XIX century on certain territories of the Russian state. The expansion of the state’s territory led to the presence of a heterogeneous population in terms of socio-economic development, religious beliefs, and lifestyle. The purpose of this article is to highlight the features of constitutional development in Poland and Finland. The state policy was aimed at the gradual integration of Poland and Finland into national processes. In fact, the Russian Empire recognized the effect of existing norms. The existen

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

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

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ECKHARDT, Krzysztof. "STRUCTURE OF BODIES OF PUBLIC AUTHORITY AND ARRANGEMENT OF THEIR COMPETENCES IN THE STATE OF EMERGENCY IN THE LIGHT OF POLISH CONSTITUTIONAL REGULATIONS." Coordinates of Public Administration, no. 2 (February 2, 2025): 9–25. https://doi.org/10.62664/cpa.2024.02.01.

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The application of the institution of a state of emergency can cause a change in this normal structure of bodies and in their competencies. This is because the state is faced by tasks that require actions that go beyond this normality. These may consist of: the creation of special bodies competent only for a state of emergency, the abolition or suspension of the operation of certain bodies, the assumption of the competencies of one body by another, changes in the interdependence between bodies, and the expansion of the competencies of state authorities. Some of these changes involve taking ove

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Sharma, Aman Kumar, and Saroj Bohra. "The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India." Asia-Pacific Journal on Human Rights and the Law 25, no. 2 (2024): 153–72. http://dx.doi.org/10.1163/15718158-25020003.

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Abstract This article examines the constitutional right to compensation for the violation of fundamental rights in the Indian context. It begins by exploring the historical development of this right, tracing its origins to the drafting of the Indian Constitution in 1950. The article then goes on to analyse the current state of the law in India with respect to this right, examining recent judicial decisions and legislative developments in this area. One key finding is the significant expansion of the right to compensation for violations of fundamental rights in India over the past decade. This

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Macey, Jonathan R. "Property Rights, Innovation, and Constitutional Structure." Social Philosophy and Policy 11, no. 2 (1994): 181–208. http://dx.doi.org/10.1017/s0265052500004489.

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The Industrial Revolution caused an expansion of our ideas of property to include other forms of wealth, such as innovations and productive techniques. And the modern age has caused a further expansion of our ideas of property to include inchoate items, particularly information. The Framers of the U.S. Constitution presumed that government not only took an expansive view of the nature of property rights, they also believed that such rights should be protected. To James Madison and the other Framers, property was a “broad and majestic term” that “embraces everything which may have a value to wh

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Roznai, Yaniv, and Duncan M. Okubasu. "Stability of constitutional structures and identity amidst ‘political settlement’: lessons from Kenya and Israel." Comparative Constitutional Studies 1, no. 1 (2023): 101–23. http://dx.doi.org/10.4337/ccs.2023.0017.

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In 2021, two dramatic judgments were handed down in Kenya’s Court of Appeals (CoA) and the Israeli Supreme Court. In Kenya, the CoA upheld a ruling from the High Court that had found the Constitution Amendment Bill of 2020 – aimed to implement the Building Bridges Initiatives (BBI) – unconstitutional and void, inter alia, for violating the basic structure of the constitution. Politically, this was a blow to the BBI initiative, a key project for President Uhuru Kenyatta and opposition leader Raila Odinga. It is assumed that the real purpose of the initiative, beside ‘reconciliation’, was expans

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Bäumerich, Maik, and Maximilian Schneider. "Verfassungsrechtliche Grundlagen und Grenzen der Kooperation von Bund und Ländern." Die Verwaltung 52, no. 1 (2019): 99–120. http://dx.doi.org/10.3790/verw.52.1.99.

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Abstract Contributing to the discussion about the constitutional prohibition on cooperation (‘Kooperationsverbot’) In the political discussion, the term ‘Kooperationsverbot’ (prohibition on cooperation) has become a fixed buzzword. It describes a principle of the GermanConstitution that prevents the Federation from supporting the Länder in the allegedly inadequate fulfilment of their tasks, particularly in the field of education. Its constitutional foundation lies in the distribution of powers and finances of the German Constitution between the Federation and the Länder. This distribution is s

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MASLOVSKAYA, Tatiana Stanislavovna. "On the Role of the Constitutional Court of the Republic of Belarus in the Light of the Constitutional Reforms of 2022." Journal of Constitutional Justice 1 (February 29, 2024): 30–39. http://dx.doi.org/10.18572/2072-4144-2024-1-30-39.

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The updated powers of the Constitutional Court of the Republic of Belarus are examined in the light of the constitutional reforms of 2022. Close attention is paid to the powers of the Constitutional Court, including it in the legislative, referendum, electoral processes, the process of removing the President from office, and constitutional modernization. The conclusion is drawn about a significant expansion of the scope and transformation of the role of the Constitutional Court of the Republic of Belarus.

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Klíma, Karel. "The principles of the Constitution of the Czech Republic in development, or the metamorphosis of its division of power – the de facto constitution." Gubernaculum et Administratio 29, no. 2 (2024): 9–26. http://dx.doi.org/10.16926/gea.2024.01.02.01.

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The constitutional system of the Czech Republic presents a certain conceptual solution to the constitutionally based separation of powers. It thus conceptualizes the relations between legislative, executive, and judicial powers, while also regulating the position and powers of the Czech National Bank, the Supreme Audit Office, and the local self-government system. Competitive democracy based on the competition of political parties with the effect of this competition, which is entry into the parliament, leads to the fact of the establishment of the government in the elections by the winning pol

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González, Isaac de Paz, and José Luis Contreras Ramírez. "Expansion of Corporative Free Speech and the Ongoing Constitutional Crisis in the United States." Díkaion 28, no. 2 (2019): 247–83. http://dx.doi.org/10.5294/dika.2019.28.2.2.

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This paper focuses on the constitutional-political turbulence that Donald J. Trump has been creating since he was elected president of the United States. On the one hand, we point out the mainstream of litigious and political issues as signals of an on-going constitutional crisis in the United States and its consequences, both in the national and international scenarios. On the other, we explain the indicators of the constitutional crisis within two levels of analysis. The first one considers Trump’s multiple attacks against American constitutional liberties, while the second one studies the c

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NALYVAIKO, Ihor. "THE ROLE OF CONSTITUTIONAL NORMS IN THE FORMATION OF SOCIAL STANDARDS: ASPECTS OF AMERICAN, EUROPEAN AND UKRAINIAN LAW." Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav, no. 1 (October 2, 2024): 60–66. http://dx.doi.org/10.31733/2078-3566-2023-5-60-66.

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This scientific article examines the role of constitutional norms in the formation of social standards in the United States, the countries of the European Union, and Ukraine. The article considers theoretical and legal aspects, the definition and review of constitutional provisions, and their comparison with international standards. Attention is drawn to the interaction of international and national law, the implementation of international norms in the constitutional provisions of countries, and possible prospects for developing social norms based on constitutional principles. The article care

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