Relevant bibliographies by topics / Constitutional jurisdiction’s body

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Academic literature on the topic 'Constitutional jurisdiction’s body'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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Journal articles on the topic "Constitutional jurisdiction’s body"

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

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Constitutional Courts Have Become A Cornerstone Of The Constitutional System In Federal States. As Independent Institutions Distinct From Both Political And Judicial Bodies, Their Primary Function Is To Safeguard The Supremacy Of The Constitution. Rooted In The Theory Of The Rule Of Law, As Formulated By The Austrian Jurist Hans Kelsen, These Courts Provide Dual Protection. On The One Hand, They Ensure The Integrity Of The Constitutional Framework That Governs The Functioning Of Political Authority, Including The Federal Government And Its Relations With State Governments. In Fact, They Protec
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Ivaniv, I. "Aspects of taking into account foreign experience in the formation of bodies of constitutional jurisdiction in Ukraine." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 65–71. http://dx.doi.org/10.24144/2307-3322.2022.71.9.

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The publication examines the formation of the judiciary of constitutional jurisdiction both in Ukraine and abroad. Different approaches to the formation of the composition of constitutional review bodies are analyzed, historical, economic, political and niche factors that determined a certain order of formation of such bodies are identified. The important role of the peculiarities of the formation of the composition of the bodies of constitutional jurisdiction in ensuring the independence of this body and in ensuring the proper legal protection of the constitution is noted. It is noted that th
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Mohammad, Saiful Islam. "An Appraisal of Efficiency and Effectiveness of the Supreme Court of Bangladesh." International Journal of Management, Technology, and Social Sciences (IJMTS) 04, no. 01 (2019): 109–24. https://doi.org/10.5281/zenodo.3250674.

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The Supreme Court is the apex institution of the adjudication system and constitutional body in  Bangladesh. The Constitution mandates its functions and jurisdictions. It performs functions and  duties not as a servant of the government but performs constitutional functions as a guardian to  uphold the Constitutionalism, secure the Constitutional guarantee of the citizens’. It has unique  and extraordinary inherent jurisdictions like writ, taking action for doing complete justice,  review of its own decision, punish to contemnor, settle issues arise under the Con
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Bzova, L. G. "Motivation of decisions of constitutional courts as a requirement of fair trial standards." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 338–41. http://dx.doi.org/10.24144/2307-3322.2021.65.61.

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In most countries of the world, the principle of motivation of court decisions is enshrined in the constitution as a constitutional guarantee inherent in the rule of law, so the jurisdiction of the state has a legal obligation to motivate the decisions of the constitutional jurisdiction. The motivation of the jurisdictional acts adopted by the Constitutional Court provides for the restriction of the powers exercised by a judge, which requires the proper application of the principle of legality, demonstrating that the former did not violate fundamental rights.The obligation to motivate is also
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Yarova, A. S., and A. I. Sisova. "The supreme court of US as an authority of Constitutional jurisdiction." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 82–87. http://dx.doi.org/10.24144/2307-3322.2021.64.15.

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Given the uniqueness of the judicial system in the United States of America and the role of the Supreme Court in shaping the country’s entire judicial system, the authors devoted an article to an analysis of the Supreme Court of the United States as the body that makes up the country’s Basic Law, the Constitution. Taking into account the specificity of one of the oldest written Constitutions of the world, it was appropriate to understand the mechanism of its creation, the powers of the body, which creates it also in the characteristics of this body, which the authors of the article have implem
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Medvid, A. B., and Y. O. Medvid. "Features of the application of the constitutional term-concept "court" to the body of constitutional jurisdiction of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 136–41. http://dx.doi.org/10.24144/2788-6018.2023.06.23.

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Article examines the legal meaning of the term­concept "Court" as used in the provisions of the Constitution of Ukraine and special legislative acts and analyzes the peculiarities of its application to the Constitutional Court of Ukraine as the domestic body of constitutional jurisdiction. In this context, previous editions and current provisions of the Constitution of Ukraine, relevant decisions of the Constitutional Court of Ukraine regarding the official interpretation of the specified constitutional norms, as well as provisions of special legislative acts of Ukraine are analyzed in detail.
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Kravets, I. A. "Loyalty to a Constitution and the Problem of Harmonizing the Ideas of Constitutionalism and the Fulfillment of International Obligations in the Field of Human Rights." Russian Journal of Legal Studies 5, no. 1 (2018): 167–80. http://dx.doi.org/10.17816/rjls18364.

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The article discusses the theoretical foundations of the concept of fidelity to the Constitution and judicial constitutionalization of the supremacy of the Constitution, the circle understanding of constitutional hermeneutics, the problem of the relation of constitutional justice and supranational jurisdiction, the role of the new authority of the Constitutional Court of the Russian Federation (consideration of cases on the possibility of enforcing the decisions of the intergovernmental body for the protection of human rights and freedoms) in the system for ensuring the rights and freedoms of
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Badyda, A. Yu, and S. M. Boldyzhar. "Model of constitutional supervision in the French Fourth Republic: real protection of the Constitution or rapid paralysis of the institutional system of the state." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 15–19. http://dx.doi.org/10.24144/2788-6018.2023.05.1.

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It is indicated that the French Republic, its genesis in the aspect of changing forms of government, in particular from the time of the revolution of 1789 until 1958, generates interest in its more detailed study. Before analyzing the Fourth Republic and the norms of the 1946 Constitution for the distribution of powers and powers of the body of constitutional jurisdiction, in particular, it is necessary to realize the colossal experience that is not only necessary to know, but also to be able to apply in the functioning of one's own legal order, even if this experience is not exemplary. and pe
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Yurko, S. S. "Procedure for consideration of cases of constitutional jurisdiction in Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 79 (2023): 177–81. http://dx.doi.org/10.24144/2307-3322.2023.79.1.30.

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The article is devoted to the study of problems and prospects of legal regulation of the procedure for consideration of cases of constitutional jurisdiction in Ukraine. The author establishes that the tasks entrusted to the single body of constitutional jurisdiction by the Constitution and the Law «On the Constitutional Court of Ukraine» are implemented in the form of judicial constitutional proceedings, i.e., a special judicial procedure. Currently, such a procedure is generally provided for in Section 2 of the Law of Ukraine «On the Constitutional Court of Ukraine» and the Rules of Procedure
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Чиркин, Вениамин, and Vyeniamin CHirkin. "COURT AND OTHER BODIES OF THE CONSTITUTIONAL CONTROL: "PRO" AND "CONTRA" (SUBJECTIVE NOTES)." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 30–35. http://dx.doi.org/10.12737/article_593fc3439fd014.98773314.

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This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the constitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in
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Dissertations / Theses on the topic "Constitutional jurisdiction’s body"

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Гараджаєв, Джейхун Ясін огли. "Конституційний Суд Азербайджанської Республіки: теорія та практика". Thesis, 2017. http://hdl.handle.net/11300/7809.

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Гараджаєв Д. Я. Конституційний Суд Азербайджанської Республіки: теорія та практика : дис.. … д-ра. юрид наук : 12.00.02 / Гараджаєв Джейхун Ясін огли. – Одеса, 2017. – 484 с.<br>Дисертацію присвячено дослідженню конституційного статусу Конституційного Суду Азербайджанської Республіки та перспективам його вдосконалення із застосуванням досвіду Суду ЄС. Виявлено, що конституційний статус Конституційного Суду АР включає елементи, пов’язані зі створенням (кваліфікаційні вимоги до суддів і порядок формування Конституційного Суду АР), внутрішньою організацією (правовий статус суддів та структура до
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Books on the topic "Constitutional jurisdiction’s body"

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Baude, Patrick. Judicial Jurisdiction. Praeger, 2007. http://dx.doi.org/10.5040/9798400675089.

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One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law. Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and technicalities of ju
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Colón-Ríos, Joel. Constituent Power and the Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198785989.001.0001.

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This book examines the place of the concept of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. It shows that constituent power, even though having historically been associated with extra-legality and violations of the constitutional order, has played important functions in the making of determinations of legal validity. Constitutional courts have employed it to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution
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Ran, Hirschl. 5 How Universal is Comparative Constitutional Law? Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198714514.003.0006.

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This chapter addresses issues central to comparative constitutional law’s epistemological and methodological domain. First, the possibility of comparisons of constitutional law and institutions across time and space, notably between “universalists,” who emphasize common elements of legal (and constitutional) systems across time and place, and “particularists” who emphasize the unique nature of any given legal (and constitutional) system. “Third way” alternatives such as constitutional pluralism are also examined. Second, the “global south” critique in comparative constitutional law, or how tru
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von Bogdandy, Armin, Peter Huber, and Christoph Grabenwarter, eds. The Max Planck Handbooks in European Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198726418.001.0001.

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This book continues the thick comparative approach that lies at the heart of the Max Planck Handbook series. It addresses one of the most significant phenomena of modern-day public law: constitutional adjudication. This book introduces, through individual country reports, the institutions and practices that make constitutional adjudication come to life across the Continent. Thus, each country report will explain the history, design, composition, and practice of the body that engages (or not) in constitutional scrutiny. To draw as complete a picture as possible, the book includes countries with
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Shmelev, Ivan. Administrative Justice and Jurisdictional Bodies of India. Triumph Publishing, 2023. http://dx.doi.org/10.29039/978-5-94472-134-1-04-2023.

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This monograph is devoted to the system of administrative justice bodies in India, their functions, structure, jurisdictional process, as well as the reform of this legal institution launched in 2021. Over a hundred normative acts and dozens of judicial acts were studied for writing this work. Legislation in the area under study is decentralized, and even the principles underlying the process are understood by each body in its own way. The paper contains an analysis of the studies of Indian jurists on this topic. Scholars are generally of the opinion that the 42nd amendment of the Constitution
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Elliott, Mark, and Jason N. E. Varuhas. Administrative Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198719465.001.0001.

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Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the s
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Book chapters on the topic "Constitutional jurisdiction’s body"

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"Constitutions of Clarendon." In Milestone Documents in World History. Schlager Group Inc., 2024. https://doi.org/10.3735/9781961844056.book-part-049.

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In January 1164, King Henry II of England held a council at his palace at Clarendon where he presented to his nobles and bishops a document now known as the Constitutions of Clarendon. The Constitutions of Clarendon were part of Henry II’s effort to formalize and record unwritten laws that had previously been adhered to through custom and tradition alone. The Constitutions comprise sixteen clauses, or articles, that report and refine the standing laws of the kingdom with regard to judicial issues such as the jurisdiction of courts. Scholars generally agree that the Constitutions of Clarendon s
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Parpworth, Neil. "16. Tribunals, inquiries, and the ombudsmen remedy." In Constitutional and Administrative Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847120.003.0016.

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This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system; the former Administrative Justice and Tribunals Council;
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Parpworth, Neil. "16. Tribunals, inquiries, and the ombudsmen remedy." In Constitutional and Administrative Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856579.003.0016.

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This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system; the former Administrative Justice and Tribunals Council;
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Schneiderman, David. "Comparative Constitutional Law of Property." In Global Canons in an Age of Contestation. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191956942.003.0018.

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Abstract This chapter contributes to a discussion of what properly belongs to the canon of comparative constitutional law of property. Two dominant paradigms within the liberal legal tradition are identified. The first is a classical legal version of property, under the influence of the private law tradition, that emphasizes exclusivity of ownership, exchanged between willing buyers and sellers via transactions occurring within self-regulated markets. From this angle, property is primordial in the Lockean sense—it precedes state formation and shields individual rights from societal encroachmen
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Stone, Alec. "From Watchdog to Policymaker: Structure, Function, Mandate." In The Birth of Judicial Politics in France. Oxford University PressNew York, NY, 1992. http://dx.doi.org/10.1093/oso/9780195070347.003.0003.

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Abstract In both context and detail, the paralysis of politics in the waning years of the Fourth Republic, the forceful coming of a heroic, charismatic leader to establish a new one, even the constitutional niceties of the emergent regime cannot but recall past Bonapartist solutions to the problem of the apparent ingovernability of France in crisis.1 The new constitution, drafted principally by conseillers d’Etat under the watchful eyes of de Gaulle, Michel Debre, and their associates, shifted effective power over the legislative process and over the form and content of legislation from parlia
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Zakin, Emily. "Public Space, Public Time: Constitution and the Relay of Authority in Arendt’s On Revolution." In Constituent Power. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474454971.003.0004.

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In On Revolution, Hannah Arendt addresses the central conundrum of legitimacy: the source of authority to found a new political form. On Arendt’s account, for revolutionary founding to evade the twin dangers of an infinite regress or a vicious circle, and to succeed in the constitution of a political body, it must enact and invoke both a worldly and a temporal component. To understand the bond between authority, constitution, and constituent power, Arendt thus analyzes the exchange between political space and political time. For the inauguration of a stable and secure public space, the events
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Witte, John, Joel A. Nichols, and Richard W. Garnett. "The Free Exercise of Religion." In Religion and the American Constitutional Experiment. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197587614.003.0006.

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This chapter presents the basic structure of religious exercise cases in American law. It reviews the procedural features of, and the jurisdictional requirements for, such cases and it provides a clear classification of their types, organized both by factual clusters and time periods. In addition, this chapter introduces the different and evolving standards of review and doctrinal tests that the Supreme Court has used when evaluating religious liberty claims and deciding free exercise cases. The distinctions between low-level, rational basis scrutiny; intermediate or heightened scrutiny; and h
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Babić, Miloš, and Ivanka Marković. "CRIMINAL LAW PROTECTION OF THE RIGHT TO LIFE IN THE LEGISLATION OF THE REPUBLIC OF SRPSKA." In The right to life and body integrity. Institute of Criminological and Sociological Research, Bar Association of Vojvodina Novi Sad, 2024. http://dx.doi.org/10.47152/ns2024.7.

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Constitutional provisions of all modern states ensure a dominant place for the right to life within the system of fundamental human rights and freedoms. As such, it enjoys the status of an absolutely protected right, which states cannot abolish or limit under any conditions. The criminal law protection of the right to life, which is independent, comprehensive, and primary, is realized through incriminations that can be divided into two groups. The first group consists of those criminal acts where the right to life is the primary object of protection, while the second group consists of criminal
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Rangarajan, C., and D. K. Srivastava. "Fiscal Federalism." In Federalism and Fiscal Transfers in India, 2nd ed. Oxford University PressOxford, 2024. https://doi.org/10.1093/9780198930426.003.0001.

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Abstract This chapter highlights the basic tenets of fiscal federalism, making a distinction between the traditional focus on the link between decentralization and welfare to its more modern-day extensions. The idea of fiscal federalism is couched in the belief that multi-level governments can augment the pursuit of efficiency and equity in the provision of public and merit goods through cooperation, competition, and coordination among central and sub-national governments. India’s constitution provides for an independent body, namely the Finance Commission, for this purpose. The constitutional
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Vlašković, Veljko. "PROBLEM OPSTANKA BRAKA NAKON PRAVNE PROMENE POLA JEDNOG OD SUPRUŽNIKA." In USKLAĐIVANjE pravnog sistema Srbije sa standardima Evropske unije: Knj.9. University of Kragujevac, Faculty of Law, 2021. http://dx.doi.org/10.46793/upssix.423v.

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By its decision in case Goodwin v. United Kingdom (2002), The European Court of Human Rights has established positive obligation of states parties to find appropriate means of achieving legal recognition of one’s gender reassignment in the context of the right to protection of private life. Under the direct influence of the mentioned judgement, Constitutional Court of Serbia was deciding on constitutional complaint of a transsexual in 2012 and made the decision that administrative authorithies dealing with civil status registry have subject-matter jurisdiction to enter gender reassignment data
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