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Relevant bibliographies by topics / Constitutional legislation

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Academic literature on the topic 'Constitutional legislation'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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Journal articles on the topic "Constitutional legislation"

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Morina, Visar. "THE LEGISLATIVE VETO FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION." Denning Law Journal 26 (September 24, 2014): 19–45. http://dx.doi.org/10.5750/dlj.v26i0.877.

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The Constitution of Kosovo has established a number of mechanisms for the separation of powers and reciprocal checks and balances among which is the President’s authority to return legislation for reconsideration. However, the interaction between the President and the Assembly on matters confronting the legislative veto has unveiled a number of constitutional ambiguities and inconsistencies which rendered involvement of the Constitutional Court necessary to define further the constitutionally-contemplated powers of the President for returning legislation for reconsideration. The article analys

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Wolf, Loammi. "Revisiting Section 81 of the Constitution: The Commencement Date of Legislation (Legislative Power) Distinguished from Promulgation (Legislative Process)." Southern African Public Law 30, no. 1 (2017): 193–220. http://dx.doi.org/10.25159/2522-6800/3534.

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Section 81 of the Constitution regulates promulgation through publication as part of the legislative process (ie, a procedural norm). The provision further creates a presumption that unless the legislature explicitly determines a commencement date in an Act it enters into force upon promulgation. The commencement date of legislation is thus part of the contents of a statute (ie, a substantive norm), which must be determined by the legislature when adopting the legislation. In a number of judgments, however, the Constitutional Court espoused the idea that the commencement date is part of the le

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Keyes, John Mark. "Methodology for Interpreting Constitutional Legislation: Crucially Different or Much the Same?" Revue générale de droit 54 (2024): 99–147. https://doi.org/10.7202/1118441ar.

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This article considers whether the methodology for interpreting legislation that forms part of the Constitution of Canada is the same as or different from the methodology for interpreting other legislation. Former Chief Justice Dickson’s characterization of the interpretation of the Constitution as “crucially different from that of construing a statute” has had a significant effect on constitutional jurisprudence, but in what sense is it different and have these differences been overstated? This article begins by examining the features of constitutional legislation Dickson mentions and conclud

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Safina, Svetlana B. "Development of Constitutional Laws of Republics in the Post-Soviet Period." Legal education and science 4 (May 10, 2018): 38–42. http://dx.doi.org/10.18572/1813-1190-2018-4-38-42.

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Purpose. Development analysis republic constitutional legislation in the Russian Federation, as well as special aspects of the structure and the content of the republic constitution in the post-Soviet period. Methodology: dialectical method, analysis and synthesis method, rather-legal method, technical legal method. Conclusions. In 1990s the great influence on the republic constitutional legislation has been made by adoption of the state sovereignty declaration and execution of an agreement with the Russian Federation delineation of jurisdiction and mutual power delegation. With regard to that

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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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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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Farinacci-Fernós, Jorge. "Constitutional Courts as Majoritarian Instruments." ICL Journal 14, no. 4 (2020): 379–97. http://dx.doi.org/10.1515/icl-2020-0014.

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Abstract Constitutional courts are portrayed as counter-majoritarian institutions empowered to strike down ordinary legislation that is inconsistent with the constitution. This power is to be used sparingly, since it is seen as being in tension with basic democratic principles. Judicial review in these circumstances should be limited to minority rights protection and the enforcement of structural limitations that prevent majority rule excess. But this is only half the story. Depending on the democratic credentials of the particular constitution, courts that strike down legislation as inconsist

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Bakhti, Nafissa. "The Principle of Constitutional Judiciary's Commitment to Standards of Constitutional Review – A Study in Comparative Constitutional Law and Jurisprudence." Journal of Law, Society and Authority 13, no. 2 (2024): 106–22. https://doi.org/10.52919/lsa.v13i2.258.

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The constitutional judiciary plays a crucial and vital role in regulating the movement of public authorities and protecting public rights and freedoms. It forms a fundamental pillar in ensuring the balance of the state's political, social, and economic systems. This role extends beyond the literal application of constitutional principles to include a creative function, as the constitutional judiciary exercises oversight over legislation challenged for unconstitutionality. The primary goal of this constitutional oversight is to achieve constitutional justice, which can only be realized by expan

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Regassa, Tsegaye. "The making and legitimacy of the Ethiopian constitution: towards bridging the gap between constitutional design and constitutional practice." Afrika Focus 23, no. 1 (2010): 85–118. http://dx.doi.org/10.1163/2031356x-02301007.

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This article describes the making of the 1995 constitution of the Federal Democratic Republic of Ethiopia (FORE) and analyzes its implications for legitimacy. It contends that legitimacy of the constitution, which fosters fidelity to it, can –as one among other factors– help bridge the gap between constitutional design and constitutional practice. By making a process-content-context analysis of the constitution, it argues that the Ethiopian constitution which had a weak original legitimacy, can earn a derivative legitimacy through aggressive implementation. Aggressive implementation, it is mai

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Thorarensen, Björg. "Dómstólaeftirlit með Alþingi: Breytt valdahlutföll í stjórnskipuninni." Veftímaritið Stjórnmál og stjórnsýsla 12, no. 1 (2016): 23. http://dx.doi.org/10.13177/irpa.a.2016.12.1.2.

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The article focuses on how the control of the judiciary over the legislature has increased in the last decades and the reasons for altered balance of powers in the Icelandic constitutional system are explored. Earlier theories of parliamentary precedence over other branches of state power are in transition. There is a growing trend towards the balancing of powers, in which the courts monitor that legislation complies with the constitution. A comparison is made with the developments in the constitutional systems of Denmark and Norway which points at the same direction. The European Convention o

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Dissertations / Theses on the topic "Constitutional legislation"

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Stewart, Alan Glen. "Moral legislation and the conservative constitutional tradition." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0006/MQ46038.pdf.

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Schofield, Robert James. "Public health legislation and constitutional reform 1832 to 1894." Thesis, University of Reading, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.515773.

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Ngema, Phumelele O. P. "Constitutional rationalisation of legislation dealing with traditional justice system." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18616.

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My thesis addresses the question of whether an imposed traditional justice system operating through traditional courts is still relevant in South Africa. I interrogate whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional leadership at a local level. As a unitary democratic state with diverse cultures, the Constitution also acknowledges and grounds diversity wh

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Williams, Matthew. "The language of legislation and the politicisation of British judges." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:31b03113-216f-4291-8635-aa4aa7e287f0.

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Over the course of the 20th and 21st Centuries the judiciary have increasingly made decisions that have affected the substantive content and the procedural implementation of public policy. The aim of this thesis is to provide an explanation for this political behaviour in judges by introducing the Legislative Politicisation of the Judiciary Theory to the debate. The theory proposes that the key independent causal variable is the language of Parliamentary legislation. The argument is that as legislation has been increasingly used to delegate power from Parliament to its various agents, the lang

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Smit, Susan. "The South African Parliament's oversight of delegated legislation." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29476.

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This thesis presents an analysis of the South African Parliament’s attempts to create a mechanism to enable oversight of delegated legislation. The question sought to be addressed is, whether Parliament has done anything to create a mechanism to oversee the delegation of its law-making authority to the executive and if so, whether any of these efforts have been successful. This paper illustrated how the making of delegated legislation is not foreign to South Africa’s system of separation of powers as provided for in our Constitution and as interpreted by our courts. It is shown how, despite wh

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Siphuma, Nzumbululo Silas. "The lessor’s tacit hypothec : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85835.

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Thesis (LLM)--Stellenbosch University, 2013.<br>ENGLISH ABSTRACT: The lessor's tacit hypothec improves the chances of the lessor to recover rent in arrears. This real security right arises by operation of law and attaches to the lessee's movable property found on the leased premises when rent is due but not paid. The extension of the lessor‟s tacit hypothec to third parties' property is the remedy's most controversial feature. The extension is supposedly based on one of two theoretical justifications, namely implied consent and the doctrine of estoppel. According to the implied-consent theory,

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Govindjee, Avinash. "The constitutional right of access to social security." Thesis, University of Port Elizabeth, 2001. http://hdl.handle.net/10948/280.

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The inclusion of the right of access to social security in the Constitution did not meet with wholehearted approval in South Africa. This right, however, is of vital importance for the future upliftment of the country. The present social security system is based upon a clear distinction between social assistance and social insurance. There is a gap in current social security provisions in that the unemployed middle aged individual is not covered. Unemployment itself is one of the greatest challenges obscuring the implementation of a comprehensive social security system. The Constitutional righ

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Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.

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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that i

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Latham, Alexander George. "Visions of self-government : constitutional symbolism and the question of judicial review." Thesis, University of Edinburgh, 2016. http://hdl.handle.net/1842/31012.

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This thesis investigates the question of whether judicial review of legislation is a hindrance to democracy. My main claim is that the existing literature on this topic fails to pay adequate regard to the symbolic significance of political institutions, that is, the role that legislatures and courts play in the popular imagination. I argue that we should not view constitutional systems merely as decision-making mechanisms, since a society’s institutional structure will colour its sense of political agency and shape the way in which citizens view their relationships with political officials and

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Chen, Gengzhao, and 陈耿釗. "Implementing housing rights in China : reinterpreting Chinese constitutional property." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/193458.

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This thesis explores the impact of housing rights jurisprudence on Chinese legal and policy frameworks in the housing sector, examines the key related issues, and assesses whether current practices are in line with international best practice. The thesis considers three major questions, viz. 1 What are housing rights? 2 What is the significance of housing rights in the Chinese context? 3 Given the features and nature of housing rights, and China’s transitional societal background, how could housing rights be implemented? By looking at the jurisprudence and jurisprudential development of

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Books on the topic "Constitutional legislation"

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LLB, Gordon Rosemary, Cook Islands, Niue, and New Zealand, eds. Cook Islands and Niue: A collection of legislation relating to constitutional development. USP Complex, 1995.

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Christine, Landfried, ed. Constitutional review and legislation: An international comparison. Nomos, 1988.

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Ranchordás, Sofia. Constitutional sunsets and experimental legislation: A comparative perspective. Edward Elgar Publishing Limited, 2014.

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Fazy, James. De l'intelligence collective des sociétés: Cours de legislation constitutionnelle. Universidad Autónoma de Guerrero, 2009.

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Glennon, Michael J. Constitutional diplomacy. Princeton University Press, 1990.

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Glennon, Michael J. Constitutional diplomacy. Princeton University Press, 1991.

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Sundeen, Matthew. IFTA legislation and state constitutional provisions project: Final report. National Conference of State Legislatures, 1999.

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Doyle, Oran. Constitutional equality law. Thomson Round Hall, 2004.

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Bowman, Janet. Local government constitutional revision issues. Florida Legislative Committee on Intergovernmental Relations, 1998.

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Graham, Cosmo. Regulating public utilities: A constitutional approach. Hart, 2000.

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Book chapters on the topic "Constitutional legislation"

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Thomson, Mark A. "Legislation." In A Constitutional History of England. Routledge, 2023. http://dx.doi.org/10.4324/9781003438786-39.

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Thomson, Mark A. "Legislation." In A Constitutional History of England. Routledge, 2023. http://dx.doi.org/10.4324/9781003438786-25.

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Thomson, Mark A. "Legislation." In A Constitutional History of England. Routledge, 2023. http://dx.doi.org/10.4324/9781003438786-12.

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Drury, Paul. "Primary Constitutional Legislation." In Core EU Legislation 2017–18. Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-352-00060-3_1.

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Drury, Paul. "Primary Constitutional Legislation." In Core EU Legislation 2018–19. Macmillan Education UK, 2018. http://dx.doi.org/10.1057/978-1-352-00360-4_1.

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Smith, Rhona, and Paul Drury. "Primary Constitutional Legislation." In Core EU Legislation 2016–17. Macmillan Education UK, 2016. http://dx.doi.org/10.1057/978-1-137-60695-2_1.

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Sadurski, Wojciech. "Constitutional Courts and Legislation." In Rights Before Courts. Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-8935-6_4.

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Riviezzo, Antonio. "La solidarietà fiscale nell’ordinamento costituzionale italiano tra teoria e ideologia." In Le dimensioni del principio solidaristico nel terzo millennio. Firenze University Press, USiena Press, 2024. http://dx.doi.org/10.36253/979-12-215-0368-5.07.

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Contribution states that the interpretative uncertainties of the article 53 of the Italian Constitution and related legislation – characterized by tax amnesties alternating with a rise in tax rates – depends on the confusion between constitutional theory and constitutional policy. In particular, the inclusion of the principle of de facto equality (art. 3 (2) of the Italian Constitution) in the prescriptive discourse causes a random and unpredictable interpretation of solidarity, ultimately redounding on the form of the Italian welfare state.

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Monopoli, Paula A. "Enforcement Legislation." In Constitutional Orphan. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190092795.003.0004.

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Chapter 3 raises the issue of how race intersected with the constitutional development of the Nineteenth Amendment. It argues that the immediate pivot of the National Woman’s Party (NWP), to a federal equal rights amendment, played a significant role in the failure of enforcement legislation to be enacted by Congress. The chapter explores the fear of a “Second Reconstruction,” by white southern congressmen, as an element in that story. And it suggests that the NWP’s failure to support African American women suffragists, and white NWP members who were co-founders of the National Association for

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"Legislation." In Constitutional & Administrative Law. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144755-74.

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Conference papers on the topic "Constitutional legislation"

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Lanchava, Omar, Alexander Bezhanishvili, Anzor Abshilava, and Nino Ratiani. "ON LEGISLATION AND SOME ASPECTS OF OCCUPATIONAL SAFETY IN GEORGIA." In 24th SGEM International Multidisciplinary Scientific GeoConference 2024. STEF92 Technology, 2024. https://doi.org/10.5593/sgem2024/5.1/s23.98.

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The Constitution of Georgia provides the main principles of protection of employees and employers at job places, concerning healthy and safety conditions. The paper reviews the new Laws of Georgia pertinent to labor safety, elaborated and approved during the last years. These Laws regulate social-economical, technical, hygienic and other conditions of work of employees at job places. These are Laws, destination of which to secure the workers health and safety in the present, future and must not have a negative influence on the generation. It�s indicated that at present technical supervision ov

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Alawaq, Abdulhamid. "constitutional inflation." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp1-17.

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One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of t

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Balog, Boris. "Skrátené legislatívne konanie ako súčasť parlamentnej autonómie." In Metamorfózy práva ve střední Evropě 2024. University of West Bohemia, Czech Republic, 2024. https://doi.org/10.24132/zcu.metamorfozy.2024.138-149.

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The contribution connects three constitutional bodies through the institute of abbreviated legislative procedure. The government, which has the exclusive right to propose an abbreviated legislative procedure, the parliament, which by approving such a proposal excludes the regular legislative process, and the constitutional court, which is increasingly confronted with proposals against the legislative process in proceedings on the compliance of legislation. Especially in the relationship between the parliament and the constitutional court, the contribution examines the degree of autonomy of the

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Arama, Elena. "Dialogue between public authorities: relationships in strengthening democracy." In Statul, securitatea şi drepturile omului în era digitală. Moldova State University, 2024. https://doi.org/10.59295/ssdoed2024.01.

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Communication between public authorities can be defined as one that has every chance of evolving in the direction of strengthening democracy and protecting human rights, an important role belonging to the Constitutional Court, which step by step outlines the constitutional identity of the Republic of Moldova. The analysis of the factual material leads us to the definition of communication between public authorities both at the level of the Parliament, the Constitutional Court, the Supreme Court of Justice, first instance judicial bodies as one that constantly evolves in the direction of streng

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Rozenfelds, Jānis. "Īpašuma aizsardzība Satversmē." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.03.

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Constitution of Latvia of 1922 consisted of 88 articles. Chapter VIII of the Constitution addressing human rights’ protection became a part of the Constitution only in 1997. Article 105 provides that everyone has the right to own property. Article 105 of Constitution corresponds with the contents of the paragraph 1 of the First Protocol to the European Convention of Human Rights. Protection of the right to ownership as provided by the Constitution is carried out by the Constitutional Court of Latvia. The latter was established in 1996. The current report is based on the analysis of a significa

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Rasul, Hewa. "organizing legislative initiative in kurdistan region." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp141-151.

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The regulation of the legislative initiative is one of the sensitive and important issues in the field of regulating the relations between the three authorities in the state, especially the legislative and executive authorities, and that is why we find that the majority of countries dealt with it in their constitutions through general constitutional principles, because the constitution determines and regulates the powers of the authorities, in the Kurdistan Region not We have a constitution at the time of writing this research, and that is why the Kurdish legislator was forced to deal with it

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Lotorev, Evgeniy. "Social policy and constitutional legislation: comparative legal research experience." In Development of legal systems in Russia and foreign countries: problems of theory and practice. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-177-191.

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The relevance of the problem under study is due to the issues that arise in the process of attempts to build a welfare state; the current situation in the Russian Federation at the present stage of the development of statehood and social phenomena, as well as the difficulties that arise in the regulatory regulation of these groups of public relations. In this regard, this article is aimed at a comprehensive analysis of the issues of the formation of the social state that arise when trying to resolve them by the national legislator. The leading approach to the study of this problem is a compara

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Riabovol, L. T. "Conditions for accepting a constitutional complaint in foreign legislation." In TOPICAL ISSUES OF MODERN JURISPRUDENCE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-313-2-14.

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Zaporojan, Veaceslav. "Budget Balance Within The Constitutional Framework Of The Member States Of The European Union." In 27th International Scientific Conference “Competitiveness and Innovation in the Knowledge Economy”. Academy of Economic Studies of Moldova, 2024. http://dx.doi.org/10.53486/cike2023.66.

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The constitutional regulation of the budgetary balance requirements, from the lack of numerical fiscal rules to the institutional constraints regarding the rationalization of decision-making processes and budgetary procedures within the European Union, varies in different member states. It depends on the economic situation and the economic context both nationally and internationally. Classical constitutionalism aims at the established limits of political power through the supreme norms of the constitution, it becomes insufficient for the establishment of legal norms to limit economic excesses.

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Khizhnyak, Veronika Sergeevna. "CONSTITUTIONAL AND LEGAL FRAMEWORKS FOR JUDICIAL PROTECTION OF ANIMALS RIGHTS IN THE RUSSIAN FEDERATION AND IN LATIN AMERICA COUNTRIES." In Themed collection of papers from Foreign international scientific conference «Joint innovation - joint development». by HNRI «National development» in cooperation with PS of UA. December 2024. Crossref, 2025. https://doi.org/10.37539/241226.2024.13.25.003.

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The relevance of this study is due to the fact that during the constitutional reform of 2020, some changes were made to the Constitution of the Russian Federation affecting the protection of the environment and living resources. Therefore, it is necessary to improve Russian legislation in this area, for which the experience of Latin American countries can be very valuable.

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Reports on the topic "Constitutional legislation"

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Mueller, Bernardo, Carlos Pereira, Lee J. Alston, and Marcus André Melo. Political Institutions, Policymaking Processes and Policy Outcomes in Brazil. Inter-American Development Bank, 2006. http://dx.doi.org/10.18235/0011295.

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This paper analyses the dynamics of policy-making among the various political institutions in Brazil. The authors find that the driving force behind policies in Brazil is the strong set of powers given to the President, though several institutions constrain and check this power, in particular the legislature, the judiciary, the public prosecutors, the auditing office, state governors and the Constitution itself. The electorate of Brazil holds the President accountable for economic growth, inflation and unemployment. At least for the past ten years, and particularly during the Lula administrati

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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining

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Gilly, Zsófia Bernadett. Impeachment as a tool of lawfare in Latin America : Conceptual and historical overview (Part I). Magyar Külügyi Intézet, 2023. http://dx.doi.org/10.47683/kkielemzesek.ke-2023.27.

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The concept of impeachment has its origins in the history of political and legal thought as a constitutional mechanism to remove public officials for serious violations of the law or abuse of power. Originating from England, it has influenced the constitutions of the United States and the countries of Latin America. In addition to concrete grounds for impeachment, constitutions also allow for impeachment based on abstract grounds, designed for cases where no specific offence can be proven, but the abuse of power is so obvious that the people must be guaranteed the right to recall their elected

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Gilly, Zsófia Bernadett. Impeachment as a tool of lawfare in Latin America : Conceptual and historical overview (Part II). Magyar Külügyi Intézet, 2023. http://dx.doi.org/10.47683/kkielemzesek.ke-2023.28.

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The concept of impeachment has its origins in the history of political and legal thought as a constitutional mechanism to remove public officials for serious violations of the law or abuse of power. Originating from England, it has influenced the constitutions of the United States and the countries of Latin America. In addition to concrete grounds for impeachment, constitutions also allow for impeachment based on abstract grounds, designed for cases where no specific offence can be proven, but the abuse of power is so obvious that the people must be guaranteed the right to recall their elected

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Hendricks, Kasey. Data for Alabama Taxation and Changing Discourse from Reconstruction to Redemption. University of Tennessee, Knoxville Libraries, 2021. http://dx.doi.org/10.7290/wdyvftwo4u.

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At their most basic level taxes carry, in the words of Schumpeter ([1918] 1991), “the thunder of history” (p. 101). They say something about the ever-changing structures of social, economic, and political life. Taxes offer a blueprint, in both symbolic and concrete terms, for uncovering the most fundamental arrangements in society – stratification included. The historical retellings captured within these data highlight the politics of taxation in Alabama from 1856 to 1901, including conflicts over whom money is expended upon as well as struggles over who carries their fair share of the tax bur

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Pachón, Mónica, Roberto Junguito, and Mauricio Cárdenas. Political Institutions and Policy Outcomes in Colombia: The Effects of the 1991 Constitution. Inter-American Development Bank, 2006. http://dx.doi.org/10.18235/0011279.

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The 1991 Colombian Constitution strengthened the checks and balances of the political system by enhancing the role of Congress and the Constitutional Court, while somewhat limiting the powers of the President (who nonetheless remains extremely powerful even by Latin American standards). As a consequence of the larger number of relevant players, and the removal of barriers that restricted political participation, the political system has gained in terms of representation. However, political transaction costs have increased, making cooperation harder to achieve. The authors show that this has be

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Kothari, Jayna, Deekshitha Ganesan, Saumya Dadoo, and Sudhir Krishnaswamy. Making Rights Real: Implementing Reservations for Transgender & Intersex Persons in Education and Public Employment. Centre for Law and Policy Research, 2018. http://dx.doi.org/10.54999/xrtp1406.

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CLPR’s ” Making Rights Real” policy brief recognises that reservations are critical in addressing the livelihood concerns of the transgender and intersex community and proposes the manner of implementation of such reservations. In suggesting a framework for providing reservations, the policy brief stays true to the principle of self-identification of gender identity, traces the legal and constitutional framework on reservations in India, and considers legislative, executive, and judicial efforts at providing reservations of transgender and intersex persons so far.

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Wetugi, Lydia Nginya. Emerging Issues in Devolved Electricity Governance in Kenya. IFF, 2024. http://dx.doi.org/10.51363/unifr.diff.2024.43.

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Kenya has ambitious legislation regarding devolution in electricity governance, the imple-mentation of which, however, is delayed and fraught with challenges. Decentralized struc-tures have become increasingly important in recent electrification policies. However, elec-trification is still mainly planned and implemented by national-level actors. There is little literature on the topic of devolved electricity governance. Kenya is one of the few coun-tries in Sub-Saharan Africa that have devolved energy functions in the constitution and in the Energy Act. However, the interaction between policie

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Serafica, Ramonette. Insights into Economic Charter Change and the Case for Services Reform. Philippine Institute for Development Studies, 2024. http://dx.doi.org/10.62986/dp2024.03.

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This essay discusses the rationale for economic charter change through the lens of services reform and identifies three issues with the current proposal of Congress: the retention of the legislative franchise requirement, the exclusion of mass media from the scope of the amendments, and the choice of the liberalization approach. To harness the full potential of services as an engine of economic growth and development in the 21st century, the paper recommends addressing these issues and removing all the specific restrictions that have been locked in the 1987 Constitution, namely: Art. XII Sec.

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Gledhill, Igle, Richard Goldstone, Sanya Samtani, Keyan Tomaselli, and Klaus Beiter. Copyright Amendment Bill Workshop Proceedings Report. Academy of Science of South Africa (ASSAf), 2022. http://dx.doi.org/10.17159/assaf.2022/0078.

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The genesis of the Copyright Amendment Bill was in 2009, when the Department of Trade and Industry (DTI) initiated various studies and impact assessments. In July 2015, the DTI published a Draft Copyright Amendment Bill for public comment. The final 2017 version of the Bill was approved by Parliament in 2019 and it was sent to President Cyril Ramaphosa for action in terms of Section 79(1) of the Constitution. Section 79(1) states that “The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bil

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