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Journal articles on the topic 'Constitutional law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Ghambaryan, Artur. "Contra constitutionem law development by the Parliament of Armenia." Sravnitel noe konstitucionnoe obozrenie 31, no. 4 (2022): 129–53. https://doi.org/10.21128/1812-7126-2022-4-129-153.

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The purpose of the article is to reveal the essence of contra constitutionem law development by the Armenian parliament in the context of its conflict with the Constitutional Court concerning the 2020 constitutional amendments. The objectives of the article are to present the concept and conditions for the justification of the contra constitutionem behavior of the parliament, to assess the need for its behavior contra constitutionem based on an urgent need for ensuring state-protective constitutional principles, and to discuss issues arising from the legal principle nemo iudex in sua causa as

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2

Alexander, Larry. "WHAT ARE CONSTITUTIONS, AND WHAT SHOULD (AND CAN) THEY DO?" Social Philosophy and Policy 28, no. 1 (2010): 1–24. http://dx.doi.org/10.1017/s0265052510000038.

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AbstractA constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander procee

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3

Fedorenko, V. L., and M. V. Fedorenko. "Principles of constitutional law: essence, content and system." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 160–66. http://dx.doi.org/10.33663/2524-017x-2022-13-25.

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The publication is devoted to identifying the essence and content of the category of “principle of constitutional law” and identifying its relationship with related but not identical categories: values, ideals, foundations, principles, objectives, mandatory rules, laws, etc. Genesis and development of ideas about the principles of constitutional law and their consolidation in constitutions and constitutional acts are analyzed. The systematization of the main types of relevant principles and groups is carried out: principles of constitutionalism and constitutional doctrine, principles of scienc

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4

Boyron, Sophie. "The ‘New’ French Constitution and the European Union." Cambridge Yearbook of European Legal Studies 11 (2009): 321–51. http://dx.doi.org/10.1017/s1528887000001622.

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AbstractFor a long time, French constitutional law did not appear to concern itself unduly with the European Communities and the process of European integration: the French Constitution did not contain any reference to the European Communities and the Conseil constitutionnel had little involvement with international treaties and their enforcement as a result of an early decision. However, the ratification of the Maastricht Treaty in 1992 triggered a process of deep constitutional change in France. Since then, the text of the French Constitution has been repeatedly amended to respond to the qui

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5

Costa, Renato. "John Finnis and the central case constitution." Journal of Legal Philosophy 49, no. 1 (2024): 25–49. http://dx.doi.org/10.4337/jlp.2024.01.02.

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This article formulates a novel conception of constitutions based on John Finnis’s jurisprudential work. The ‘central case constitution’ transcends the formal or functionalist analyses currently dominant in constitutional theory by considering a constitution as having a ‘double life’. Constitutions are necessarily and intrinsically normative and factual. The article explores Finnis’s natural law philosophy, emphasizing the central case constitution’s alignment with the practical reasonableness viewpoint and its role in directing a political community towards its common good. Focusing on key el

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6

Palmer, Sir Geoffrey. "The Hazards of Making Constitutions: Some Reflections on Comparative Constitutional Law." Victoria University of Wellington Law Review 33, no. 3-4 (2002): 631–60. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5815.

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After teaching comparative constitutional law in the United States, Sir Geoffrey Palmer explores the nature of constitutional law in general terms and how New Zealand could learn from others. The author compares New Zealand's uncodified constitution to, for example, the United States who has a codified written constitution. The article then discusses the entrenched nature of some constitutions, compared to New Zealand's flexible and fluid constitution that exists largely in several ordinary statutes. Because of New Zealand's fragmented constitution, it is argued that its constitution has an un

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7

Frowein, JA. "Constitutional law and international law at the turn of the century." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.

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Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rig

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8

Carcassonne, Guy. "France Conseil Constitutionnel on the European Constitutional Treaty. Decision of 19 November 2004, 2004-505 DC." European Constitutional Law Review 1, no. 2 (2005): 293–301. http://dx.doi.org/10.1017/s1574019605002932.

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The only real surprise of the recent decision of the French Conseil constitutionnel [constitutional Council] concerning the compatibility between the European and the French Constitutions was the timing of it. According to Article 54 of the French Constitution, a treaty may be submitted for constitutional review at any time before ratification. In this instance, Jacques Chirac acted with unusual promptness, submitting his request on the very day the Treaty was signed, 29 October 2004. The Conseil itself reacted with equal speed, issuing its decision exactly three weeks later on 19 November 200

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9

Marwiyah, Siti, M. Syahrul Borman, Ruba'ie Ruba'ie, M. Chotib Ramadhani, Retno Saraswati, and Non Naprathansuk. "The Educational Role of The Constitutional Court in Compliance of Indonesian Citizens." LAW REFORM 19, no. 1 (2023): 148–68. http://dx.doi.org/10.14710/lr.v19i1.53971.

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The Constitutional Court (MK) has a strategic position, authority, and obligation to determine the future of the Indonesian nation. This study aims to examine the educational role of the Constitutional Court in developing a constitutional understanding of Indonesian citizens constitutionally. This research used doctrinal legal research method, a process to find the rule of law, legal principles, and legal doctrines to answer the legal problems faced. The results showed the educative role of the Constitutional Court in fostering constitutional understanding of Indonesian citizens by creating pr

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10

Barseghyan, Sose. "Manifestation of Direct Application of Constitutional Norms in the Field of Law Enforcement." Bulletin of Yerevan University C: Jurisprudence 14, no. 2 (39) (2023): 61–68. http://dx.doi.org/10.46991/bysu:c/2023.14.2.061.

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The article refers to the application of constitutional norms by the courts and the interpretation given in the practice of the Constitutionl Court. In particular, the right of a person to seek judicial linitgation to protect his/her constitutional rights, the jurisdiction of the courts to apply the Constitution, the relantionship between the principle of supremacy of Constitution and the concept of implementantion of Constitution, the duty of ordinary courts to appeal to the Constitutional court and simultaneously justify unconstitutionality of a legislative norm, have become the subject of d

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11

Tarr, G. Alan. "Civil Liberties Under State Constitutions." Political Science Teacher 1, no. 4 (1988): 8–9. http://dx.doi.org/10.1017/s0896082800000362.

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Ask most political scientists about constitutional law, and they will tell you about the Federal Constitution and its interpretation by the U.S. Supreme Court. Examine a text on American constitutional law, and you will likely find the same tendency to equate constitutional law with the U.S. Constitution. Even the recent campaign for constitutional literacy during the Bicentennial of the Constitution altogether ignored the most obvious gap in Americans' constitutional knowledge—namely, the virtually total ignorance about state constitutions.This inattention to state constitutions and state con

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12

Dudko, Irina A. "On the Issue of Development of the Constitutional Right to Judicial Protection." Rossijskoe Pravosudie, no. 12 (November 14, 2024): 13–22. https://doi.org/10.37399/issn2072-909x.2024.12.13-22.

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The right to judicial protection in Russia in its entirety was enshrined only in the 1993 Constitution. The constitutional consolidation of judicial protection of rights and freedoms marked a new stage in the constitutional development of our country, a departure from the long-prevailing tradition of the priority of the state over the individual. It seems important to trace the evolution of the constitutional design of the right to judicial protection in the Russian Federation and foreign countries. Of significant interest is the analysis of draft constitutions proposed by various authors and

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13

van Caenegem, R. C. "Constitutional History: Chance or Grand Design?" European Constitutional Law Review 5, no. 3 (2009): 447–63. http://dx.doi.org/10.1017/s1574019609004477.

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Two interpretations of constitutional history: product of chance or of design – Written v. unwritten constitutions – Political and historical backdrop of constitutional development – Evolution of interpretation of specific constitutional texts – Chances of a global constitution

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14

Slinko, T. M. "Сompetence of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine: comparative legal analysis". Uzhhorod National University Herald. Series: Law 2, № 73 (2022): 215–18. http://dx.doi.org/10.24144/2307-3322.2022.73.63.

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Reflections on «possible constitutions of Europe» can have two directions. On the one hand, one can wonder about the legal form of the European Union: the fact that it is no longer a confederation of states, but not yet a federal state, requires a legal classification, for which a new concept of Verfassungsverbund was created in Germany, that is, a constitutional union. On the other hand, the question arises as to which national constitutions, or which parts of these constitutions, or which individual norms of these constitutions are best used to build a constitutional order in Europe. Solving

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15

Traser, Julianna Sára, Nóra Béres, György Marinkás, and Erzsébet Pék. "The Principle of the Primacy of EU Law in Light of the Case Law of the Constitutional Courts of Italy, Germany, France, and Austria." Central European Journal of Comparative Law 1, no. 2 (2020): 151–75. http://dx.doi.org/10.47078/2020.2.151-175.

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This article examines the relationship among national constitutions, constitutional courts, and the primacy of Community Law in connection with four Member States (Germany, France, Italy, and Austria). It starts with the question of whether national constitutions contain a European Union (EU) clause and explicitly provide for the primacy of Community Law. It examines whether any constitutional restriction or reservation has been elaborated in the case law of constitutional courts, and the extent to which the constitutional courts examined can exercise control indirectly over cases of conformit

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16

Boyron, Sophie. "The ‘New’ French Constitution and the European Union." Cambridge Yearbook of European Legal Studies 11 (2009): 321–51. http://dx.doi.org/10.5235/152888712802730675.

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AbstractFor a long time, French constitutional law did not appear to concern itself unduly with the European Communities and the process of European integration: the French Constitution did not contain any reference to the European Communities and the Conseil constitutionnel had little involvement with international treaties and their enforcement as a result of an early decision. However, the ratification of the Maastricht Treaty in 1992 triggered a process of deep constitutional change in France. Since then, the text of the French Constitution has been repeatedly amended to respond to the qui

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17

van Nifterik, Gustaaf. "French Constitutional History, Garden or Graveyard?" European Constitutional Law Review 3, no. 3 (2007): 476–87. http://dx.doi.org/10.1017/s1574019607004762.

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On 29 May 2005 the French said no to the draft of a European Constitution. And frankly, the French should know about constitutions! One can differ whether the history of France should be considered a fruitful garden of constitutional thought, a graveyard of constitutional experiments, a ‘musée des constitutions’, or a minefield; in any case it is beyond doubt that the French are rather experienced in constitutions and constitutional changes. Since the French Revolution in 1789, France has been a monarchy, a republic more than once, an empire twice and a constitutional monarchy in between; the

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18

Shustrov, Dmitry. "Supra-constitutional norms in constitutional law." Sravnitel noe konstitucionnoe obozrenie 30, no. 1 (2021): 100–127. http://dx.doi.org/10.21128/1812-7126-2021-1-100-127.

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The idea of supra-constitutionality was formulated in the science of constitutional law in the second quarter of the 20th century and associated with the names of M.Hauriou and K.Schmitt, who for the first time noticed the possibility of the existence of norms that are higher than the constitution. This article is an attempt to give the doctrine of supra-constitutionality an actual theoretical and dogmatic meaning in the context of the study of the material limits of constitutional changes. The doctrine of supra-constitutionality claims to play an important role in explaining that unchangeable

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19

Romeo, Graziella. "The Conceptualization of Constitutional Supremacy: Global Discourse and Legal Tradition." German Law Journal 21, no. 5 (2020): 904–23. http://dx.doi.org/10.1017/glj.2020.50.

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AbstractThis Article argues that a) constitutional supremacy is affected by the legal tradition, which implies that it is a concept largely shaped by the legal context in which it is elaborated, and b) the common law version of constitutional supremacy determines a sort of cultural resistance to constitutional imperialism. In making its argument, this Article begins with the doctrine of sources of law with a view to unpack its operational logic within the common law and, therefore, to understand how the supremacy of constitutions is conceptualized. It then examines the embryonic conceptualizat

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20

Hamad, Ahmed M. A., and Haslinda Binti Mohd Anuar. "Deliberating the Constitutional Supremacy from Legal Perspective in Palestine." Yustisia Jurnal Hukum 11, no. 2 (2022): 125. http://dx.doi.org/10.20961/yustisia.v11i2.62219.

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<p>The system of government considers constitutional supremacy in which the freedom of the legislature of parliamentary supremacy relinquishes to the requirements of a constitution. This article examines the constitutional supremacy of basic law from the legal and judicial perspective, particularly concerning the Palestinian situation. In addition, constitutions differentiate according to whether they are codified or not into written constitutions and unwritten constitutions. Besides, constitutions differ in how they are amended into flexible and rigid constitutions. Palestinian Basic La

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21

Matat, A. "THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 54–58. http://dx.doi.org/10.17721/1728-2195/2021/2.117-10.

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This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the

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22

Riyah, Juwai. "Position and Authority of the Constitutional Court as a State Institution." JUSTICES: Journal of Law 3, no. 2 (2024): 76–85. http://dx.doi.org/10.58355/justices.v3i2.52.

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The Constitutional Court of the Republic of Indonesia is the highest state institution with the same position as the Supreme Court (MA). Initially, the Constitutional Court was an institution intended only to examine the constitutionality (constitutional review) of a law against the constitution. Because of this, the constitutional court is often referred to as "the guardian of the constitution". The Constitutional Court is a new state institution in the Indonesian constitutional system as a result of changes to the 1945 Constitution of the Republic of Indonesia. The function and role of the C

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23

Jones, Bronwen. "The remarkable development and significance of constitutional protection for intellectual property rights in post-Arab Spring constitutions." Queen Mary Journal of Intellectual Property 10, no. 4 (2020): 461–85. http://dx.doi.org/10.4337/qmjip.2020.04.03.

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Prior to the Arab Spring uprisings in 2011, no constitutional protection for intellectual property (IP) existed in the many earlier constitutions of Egypt or Tunisia. It is remarkable and surprising therefore that, in 2014, IP clauses appeared in the post-revolutionary constitutions of both countries. This raises the key question: why add to the existing regulation of IP in this way. Is constitutional protection just another example of the inexorable strengthening of IP rights (IPRs) or could it be a means of constraining them, where necessary, to protect other rights? This article argues that

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24

van Staden, Marius, and Elena Gladun. "Constitutional change: a new facet of comparative constitutional law: Book review: Routledge Handbook of Comparative Constitutional Change / ed. by X.Contiades, A.Fotiadou. London: Routledge, 2020." Sravnitel noe konstitucionnoe obozrenie 32, no. 1 (2023): 146–71. https://doi.org/10.21128/1812-7126-2023-1-146-171.

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No constitution can remain unchanged for an extended period of time. This fact has long been recognized by constitutional scholars and shown by the practice of numerous states. Objective and subjective conditions, including political, financial, and biological crises as well as internal socio-economic problems of states lead to the inability of constitutions to fulfill their main functions and to their changing with the needs of the times. Changes may concern both individual provisions in the text of the constitution and constitutional identity and values. The consequences of constitutional ch

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

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

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

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

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Nataliya, Batanova. "Functions of constitutional and legal responsibility: methodological problems of research." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 210–21. http://dx.doi.org/10.33663/0869-2491-2020-31-210-221.

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The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in

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Batanova, Nataliia. "Functions of constitutional and legal responsibility: problems of conceptualisations." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 100–104. http://dx.doi.org/10.36695/2219-5521.1.2020.18.

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The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this categor

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Crouch, Melissa. "The Military Turn in Comparative Constitutional Law: Constitutions and the Military in Authoritarian Regimes." Annual Review of Law and Social Science 20, no. 1 (2024): 53–69. http://dx.doi.org/10.1146/annurev-lawsocsci-041822-044807.

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Studies of constitutions in authoritarian regimes reveal a new finding hiding in plain sight: that the military is often a key constitutional actor. The question of how the military uses law and constitutions to enable and facilitate its influence in constitution making and constitutional practice is under-researched. The military demands scholarly attention because of the unprecedented opportunities for the military in governance due to the rise of populism and the decline of democracy, internal conflict, efforts at counter-terrorism and anti-trafficking, and the COVID-19 global pandemic. I r

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Dziedzic, Anna, and Dinesha Samararatne. "Asking the Woman Question of Constitutions: Insights from Sri Lanka." Verfassung in Recht und Übersee 56, no. 1 (2023): 127–52. http://dx.doi.org/10.5771/0506-7286-2023-1-127.

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What do we learn when we ask ‘the woman question’ of constitutions of the Global South? Constitutions worldwide are increasingly the subject of gender analysis, which rests on ‘asking the woman question’ to uncover the gendered implications of seemingly neutral constitutional provisions. But can gender analysis account for all forms of gender inequality in all kinds of constitutions? In this article, we place three lines of inquiry in conversation in responding to these questions: the feminist method of asking the woman question, dominant approaches to constitutional gender analysis, and the p

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31

Beckman, Ludvig. "Democratic legitimacy does not require constitutional referendum. On ‘the constitution’ in theories of constituent power." European Constitutional Law Review 14, no. 3 (2018): 567–83. http://dx.doi.org/10.1017/s1574019618000287.

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Constitutional referendum – Popular sovereignty – Constituent power – Democratic legitimacy – Participation in referendum as exercise of constituent power – The legal status conception of the constitution – The legal functions conception of the constitution – Open question whether every provision in codified constitutions is essential to constituent power – Therefore, constitutional referendum not always mandated by democratic legitimacy

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Roznai, Yaniv. "What are We Talking About When We Talk About “Mixed Constitutions”? Towards a Typology of Constitutional Mixture." Law & Ethics of Human Rights 16, no. 2 (2022): 193–215. http://dx.doi.org/10.1515/lehr-2022-2010.

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Abstract This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the article provides a preliminary typology of constitutional mixture considering the form or system of government; the nature or character of govern

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Venter, Francois. "South Africa: A Diceyan Rechtsstaat?" Symposium: Mixed Jurisdictions 57, no. 4 (2012): 721–47. http://dx.doi.org/10.7202/1013029ar.

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South Africa’s transformation to constitutionalism in 1994 saw the addition to a mixed legal system of a supreme constitution that requires all law to conform to its provisions, principles, and values. This new constitutional design was developed for the circumstances and modeled on existing liberal democratic constitutions, the most influential of which were Canadian and German. Adopted in 1993, the first constitution introduced the notion of the “constitutional state” but being only a transitional document, it provided for the creation of a “final” constitution crafted in conformity with pre

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Çeku, Nur, and Haxhi Xhemajli. "Constitutional principles and their impact on the establishing of constitutional order and rule of law in Kosovo." Zbornik radova Pravnog fakulteta u Splitu 57, no. 4 (2020): 1079–96. http://dx.doi.org/10.31141/zrpfs.2020.57.138.1079.

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Considered as a progressive document based on the models of the Western constitutions, the Constitution of the Republic of Kosovo has established the legal basis for a functional statethat respects rights and fundamental freedoms while guaranteeing the rule of law. In its provisions, the Constitution has laid down basic principles which serve as the foundation for Kosovo’s constitutional order. In this regard, these constitutional principles have been further enshrined in the provisions of laws that emanate from the Constitution, and also have been established in the institutional mechanisms f

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Anggono, Bayu Dwi. "The Tenure Arrangement Of Primary Constitutional Organ Leaders In Indonesian Constitutional System." Constitutional Review 2, no. 1 (2016): 029. http://dx.doi.org/10.31078/consrev212.

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The tenure arrangement of primary constitutional organ leaders is required as the implementation of power limitation principle and the manifestation of political equality principle as the characteristic of democratic state. The tenure arrangements of primary constitutional organ leaders in Indonesia have four models: tenure arrangement through the 1945 Constitution, tenure arrangement through Law, tenure arrangement which is not regulated by law but regulated in the constitutional organs’ internal regulation, and tenure arrangement which is not regulated by law as well as internal regulation.

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Shustrov, Dmitry. "Constitution-transforming informal methods of changing the Constitution of the Russian Federation: between validity and constitutionality." Sravnitel noe konstitucionnoe obozrenie 30, no. 5 (2021): 42–75. http://dx.doi.org/10.21128/1812-7126-2021-5-42-75.

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The Constitution of the Russian Federation has been changed according to formalities and the rules established by it, although there are numerous examples of constitutional changes having been made outside of formal procedures. In the theory and practice of constitutional law, an approach has been developed according to which the constitution can be changed without formally changing its text — by changing its meaning. Such changes are called constitutional transformation and are carried out by informal methods of changing the constitution. They differ significantly from the formal methods of c

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VAN BEKHOVEN, Jeroen. "Reforming the Constitution; Reforming the Postcolonial State? Indigenous Peoples and Constitutional Reforms in Taiwan." Asian Journal of Comparative Law 14, no. 2 (2019): 245–78. http://dx.doi.org/10.1017/asjcl.2019.28.

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AbstractWhen an authoritarian state starts democratic transition reforms, the constitution can facilitate such reforms. However, a little-studied role of the constitution during democratic transition is that it can back indigenous peoples’ demands. Constitutional reform during democratic transition enables indigenous peoples to challenge the state's ‘internal colonialism’. The democratic institutions and democratic rights established and guaranteed by the constitution open possibilities for indigenous peoples to push for constitutional reforms that promote ‘internal decolonization’. This means

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Dudko, I. G. "Modern Concepts in Russian Constitutional Law." Actual Problems of Russian Law 15, no. 3 (2020): 35–46. http://dx.doi.org/10.17803/1994-1471.2020.112.3.035-046.

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The change of the scientific paradigm in Russian jurisprudence is accompanied by the affirmation of pluralism in a legal science. The paper has highlighted that the modern Russian constitutional theory seeks to express itself in the problems of ontological and axiological foundations, claiming to form an integral ”constitutional philosophy.”Constitutional axiology represents one of the most significant concepts of constitutionalism. Constitutional axiology is built as a field of scientific reflection (the nature, content, system of constitutional values). From these standpoints, the author pro

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Leliya, Leliya Leliya, and Leliya Leliya. "INDONESIAN STATE LAW IN ITS HISTORICAL PERSPECTIVE AND DEVELOPMENT." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 1 (2024): 829. http://dx.doi.org/10.31941/pj.v23i1.4143.

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<p>The history of Indonesian constitutional law began in the Dutch colonial period when Indonesia was still called the Dutch East Indies. Then after Indonesia's independence in 1945, for the first time formed a constitution or Basic Law. The focus of the study in this study is to try to explain the development of Indonesian constitutional law from the Old Order era to reform. This is to find out how the history of the development of Indonesian constitutional law from time to time, especially from the beginning of independence to reformation. The method in this study is qualitative, with

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

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

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Wabuke, Emmah Khisa Senge. "Possibilities of New Approaches to Gender, Security and Constitutionalism: A Living Gender Probe into Kenyan National Security Architecture in the Constitution." Verfassung in Recht und Übersee 56, no. 1 (2023): 191–212. http://dx.doi.org/10.5771/0506-7286-2023-1-191.

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This paper situates itself within existing feminist constitutionalism analyses by noting that constitutions and constitutional processes are gendered and that constitutional norms may have different consequences for different genders. However, it attempts to extend these existing theories to interrogate how, if at all, feminist constitutional approaches may make credible interventions into the national security architecture given in the constitution. To this end, this paper proposes ‘living gender’ as a model of analysis. This model requires a deliberate inclusion of gender in the architectura

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Trykhlib, Kristina. "Law-Making Activity in the Case Law of the Constitutional Court of Ukraine." International and Comparative Law Review 19, no. 2 (2019): 27–75. http://dx.doi.org/10.2478/iclr-2019-0014.

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Summary The aim of this paper is to reveal and examine law-making elements in the jurisprudence of the Constitutional Court of Ukraine. It should be noted that the Constitutional Court has no direct powers to establish new legal norms under national legislation. However, in the process of constitutional interpretation, the case law of the Court demonstrates de facto the presence of law-making activity, that leads to the extension of its discretionary power on the formation of law. The paper will focus on the analysis of the practice of the Constitutional Court of Ukraine with regard to the ‘cr

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Grimm, Dieter. "Constitutional Adjudication and Democracy." Israel Law Review 33, no. 2 (1999): 193–215. http://dx.doi.org/10.1017/s0021223700015971.

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Constitutional adjudication is as old as democratic constitutionalism. But for a long period of time, the United States of America remained alone in subjecting democratic decision-making to judicial review. While constitutions had become widely accepted already in the 19th century, it took almost two hundred years until constitutional adjudication has gained world-wide recognition. In the 19th century, only Switzerland entrusted its Supreme Court with competencies in the field of constitutional law, yet, not including review of federal legislation. All other attempts to introduce constitutiona

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Charpy, Chloé. "The Status of (Secondary) Community Law in the French Internal Order." European Constitutional Law Review 3, no. 3 (2007): 436–62. http://dx.doi.org/10.1017/s1574019607004361.

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Conseil constitutionnel and Conseil d'Etat now both hold that Article 88-1 of the French Constitution contains the duty to implement Community law – The Conseil constitutionnel tests whether acts of parliament manifestly contravene unconditional and precisely phrased provisions of Community law – Duty to implement Community law limited by France's constitutional identity for the Conseil constitutionnel, by the absence of equivalent protection on the Community level for the Conseil d'Etat – Supremacy of the Constitution not affected

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Lazutin, L. A., and M. A. Likhachev. "Human Rights: Integrity of the Russian and International Law, Competition of Courts Decisions." Moscow Journal of International Law, no. 3 (October 9, 2021): 31–44. http://dx.doi.org/10.24833/0869-0049-2021-3-31-44.

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INTRODUCTION. The amendments to the Russian Constitution 2020 challenged de novo the international law prevalence and led the Russia’s way to find it own perception of international law. Although the amendments did not introduce drastically substantive modifications of the international law modus operandi in the national legal system nevertheless they shifted the constitutional focus. The former one was built on the presumption of the juridical consistency of the constitutional order and Russia’s international commitments. Today there’s the a priori allegation of possible conflicts between req

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Kuzmenko, O. V., L. V. Perevalova, and G. M. Gariaieva. "Popular legislative initiative: foreign experience and prospects of implementation in Ukraine." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 138–43. https://doi.org/10.24144/2788-6018.2024.06.20.

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The article clarifies the historical aspects and current features of the constitutional regulation of the people’s legislative initiative in foreign countries; attempts to introduce a popular legislative initiative before the adoption of the Constitution of Ukraine in 1996 were analyzed; the shortcomings of the attempt to constitutionally regulate the people’s legislative initiative by submitting a draft law on amendments to the Constitution of Ukraine in 2019 have been clarified, and their own proposals for further changes have been expressed. A conclusion was made regarding the existence of

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Yerzhanova, F. A., and M. Yu Abdakimova. "Constitutional and legal aspects of the ratio of international and domestic law." Bulletin of the Karaganda University “Law Series” 97, no. 1 (2020): 12–20. http://dx.doi.org/10.31489/2020l1/12-20.

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The article discusses the content and role of constitutional legal regulation of the ratio of domestic and international law in Kazakhstan and foreign countries. The authors show the domestic and foreign specifics of the constitutional regulation of the correlation of national and international law, different approaches of legislators to fixing the correlation of domestic and international law in the Basic Laws are indicated. The article also addresses the problems of interaction between international and constitutional law. The authors highlight theoretical and practical issues related to the

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Salenko, Alexander. "German constitutional design: Germany’s Basic Law turns 75." Sravnitel noe konstitucionnoe obozrenie 34, no. 1 (2025): 21–36. https://doi.org/10.21128/1812-7126-2025-1-21-36.

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In 2024, the Basic Law of Germany (Grundgesetz für die Bundesrepublik Deutschland) turned 75 years old. Originally conceived as a temporary constitutional document, the Basic Law of the Federal Republic of Germany has evolved over the years into a permanent constitution of the modern unified German state. The author sees his main task in the analysing of the current Basic Law of the Federal Republic of Germany and the identifying of the unique features of German constitutional design. The most important qualitative characteristic of the Basic Law of the Federal Republic of Germany is the prese

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Baranger, Denis. "The Language of Eternity: Judicial Review of the Amending Power in France (or the Absence Thereof)." Israel Law Review 44, no. 3 (2011): 389–428. http://dx.doi.org/10.1017/s0021223700018112.

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In several rulings from 1962, 1992, and 2003, the French Constitutional Court (Conseil constitutionnel) has denied jurisdiction over constitutional amendments. This article shows that this solution can only be understood in the light of the doctrinal background that provides its intellectual justification. While refusing to judicially review constitutional amendments, the Constitutional Court is in fact deeply involved in the ongoing process of altering the Constitution. Also, while the quasi-official doctrinal analysis insists on the absence of material limits to the amendment of the Constitu

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Hunter-Henin, Myriam. "CONSTITUTIONAL DEVELOPMENTS AND HUMAN RIGHTS IN FRANCE: ONE STEP FORWARD, TWO STEPS BACK." International and Comparative Law Quarterly 60, no. 1 (2011): 167–88. http://dx.doi.org/10.1017/s0020589310000709.

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A major constitutional reform has occurred in France. On 1 March 2010, by virtue of the Constitutional Act of 10 December 20091 (itself pursuant to the constitutional reform of 23 July 2008)2 a new form of constitutional review came into force,3 with the blessing of the Conseil constitutionnel (the Constitutional council).4 The changes are considerable: the role of the Conseil constitutionnel has undergone a revolution which will have implications for ordinary courts as well as for citizens' rights. Arguably, the reform transforms the Conseil constitutionnel—so far a council with limited power

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