Log in

Relevant bibliographies by topics / Constitutional legislation / Journal articles

To see the other types of publications on this topic, follow the link: Constitutional legislation.

Journal articles on the topic 'Constitutional legislation'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Constitutional legislation.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

11

Du Plessis, Lourens M. "The Status and Role of Legislation In South Africa as a Constitutional Democracy: Some Exploratory Observatio." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (2017): 91. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2585.

Full text

Abstract:

This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review in a modern day state, legislation in South Africa has since 27 April 1994 grown in status (and stature) nonetheless, and has assumed an unprecedented role in our constitutional democracy. First, it is shown how constitutional review with the necessary judicial self-restraint has instilled respect for legislation in the context of and with reference to the separation of powers. Second, it is shown that and how statutes have become (subsidiary) allies to the Constitution an

APA, Harvard, Vancouver, ISO, and other styles

12

Almahameed, Mwaffaq. "The Role of The Legislature In Protecting The Constitution Case Study of The Bahraini Constitution." Political Sciences and Law Series 1, no. 4 (2024): 261–96. http://dx.doi.org/10.59759/law.v1i4.459.

Full text

Abstract:

This study focuses on the role of the Bahraini constitutional institutions that make up the legislative authority in protecting the constitution by explaining the role of the king in protecting the constitution and highlighting the relationship between the legislative authority and the Bahraini constitutional judiciary and the extent to which both Shura Council and Representatives Council can benefit from this relationship by activating an authentic role in starting the Oversight of the constitutionality process, this role functionally integrated with the Constitutional Court so that the Parli

APA, Harvard, Vancouver, ISO, and other styles

13

Jaiz, Ali Abdul-Sada. "The Impact of Constitutional Judiciary Rulings on the Legislative Policy of Regions and Governorates Not Organized in a Region in Iraq (The Federal Supreme Court as a model)." Journal of Legal and Political Studies 13, Special Issue 2025 (2025): 611–23. https://doi.org/10.17656/jlps.10313.

Full text

Abstract:

The constitutional judiciary in Iraq, represented by the Federal Supreme Court, remains a relatively recent institution. Despite the explicit provisions of the 2005 Constitution of the Republic of Iraq, which grant regional authorities the right to exercise legislative, executive, and judicial powers in accordance with its provisions—excluding only those exclusive powers reserved for the federal authorities—the constitutional judiciary has frequently ruled on the validity of legislation enacted by regional legislative bodies. In several instances, it has declared such legislation unconstitutio

APA, Harvard, Vancouver, ISO, and other styles

14

van der Schyff, Gerhard. "Constitutional Review by the Judiciary in the Netherlands: A Bridge Too Far?" German Law Journal 11, no. 2 (2010): 275–90. http://dx.doi.org/10.1017/s2071832200018526.

Full text

Abstract:

One could be forgiven for thinking that constitutional review by the judiciary is invariably part of modern constitutionalism. Gone are the days that constitutions contained provisions that prevented the courts from testing the constitutionality of legislation, such as section 59 of South Africa's now repealed Constitution of 1961 that forbade the courts from inquiring into or pronouncing on the validity of legislation. It has come to be accepted in many quarters that a constitution presupposes judicial review in some form or another in gauging the integrity of legislation, instead of only rel

APA, Harvard, Vancouver, ISO, and other styles

15

Safina, Svetlana Borisovna. "Stability of the Constitutions of the Republics within the Russian Federation: theoretical and practical aspects." Юридические исследования, no. 10 (October 2024): 55–65. http://dx.doi.org/10.25136/2409-7136.2024.10.71882.

Full text

Abstract:

The object of the study is the constitutions of the regions (Republics) within the Russian Federation. The subject of the study is the properties of stability of the constitutions of the republics within the Russian Federation. These properties of regional constitutions are analyzed taking into account the fact that they are part of the legal system of the Russian Federation and are an element of the Russian legislative system. The article examines the legal foundations enshrined in the constitutions of the republics, the regulatory mechanisms for ensuring the stability of constitutional texts

APA, Harvard, Vancouver, ISO, and other styles

16

Ternavska, Viktoriya Mykolayivna. "The problems of legislative omission in the context of Ukraine’s constitutional and legal policy." Alʹmanah prava, no. 15 (September 1, 2024): 435–40. https://doi.org/10.33663/2524-017x-2024-15-435-440.

Full text

Abstract:

The strategy of the constitutional and legal policy of the state, which provides for the sustainable development of society, the protection of national interests and the sovereignty of the state, requires proper statutory regulation of social relations and first of all in the field of constitutional and legal building. However, the important primary laws are absent in the system of national legislation, what raises the question of why the legislator is delaying their adoption. The essence of the category «legislative omission» and its correlation with the adjacent notion «legal gap» are studie

APA, Harvard, Vancouver, ISO, and other styles

17

Van Rensburg, L. J. "Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 2 (2017): 25. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2887.

Full text

Abstract:

This article focuses on the nature of legislative discretions in the hands of the executive authority of the state.Relevant concepts are analysed, followed by an exposition of the position regarding delegation of legislative authority to the executive under the previous constitutional dispensation when the country had a sovereign Parliament. This is followed by a discussion of the legal position in Germany, which shows similarities to the situation in South Africa. It appears that differences in approach to the problem exist worldwide, but one similarity is to be found in all, namely that a co

APA, Harvard, Vancouver, ISO, and other styles

18

Medawatte, Danushka S. "Grasping at Straws: Judicial Review of Legislation in Sri Lanka." ICL Journal 13, no. 3 (2020): 281–306. http://dx.doi.org/10.1515/icl-2019-0002.

Full text

Abstract:

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper com

APA, Harvard, Vancouver, ISO, and other styles

19

Tarusina, Nadezhda N. "Constitutional justice: on some amendments to legislation." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 1 (2021): 64. http://dx.doi.org/10.18255/1996-5648-2021-1-64-75.

Full text

Abstract:

The article analyzes the 2020 constitutional amendments on constitutional justice. Among them are provisions on the formation of the composition of the Constitutional Court of the Russian Federation, expanding its powers in terms of checking the compliance of the Constitution of the Russian Federation with draft laws, clarifying the competence on the issue of the possibility of executing decisions of interstate bodies (primarily the European Court of Human Rights), adjusting the institution of dissent judges of the Constitutional Court of the Russian Federation. Positive and critical considera

APA, Harvard, Vancouver, ISO, and other styles

20

Pūraitė-Andrikienė, Dovilė, and Andrius Valuta. "The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania." Baltic Journal of Law & Politics 17, no. 2 (2024): 43–60. https://doi.org/10.2478/bjlp-2024-00014.

Full text

Abstract:

Abstract The function of constitutional courts has undergone significant transformation in recent decades. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants to the legislator. Some of these courts also control the absence of legislation or legislative omissions. This article seeks to explore the approach of the Lithuanian Constitutional Court in handling cases of legislative omission, particularly focusing on its efforts to strike a balance between respecting the autonomy of law-making institutions and upholding the supremacy of

APA, Harvard, Vancouver, ISO, and other styles

21

Baehaqi, Ja'far. "Perspektif Penegakan Hukum Progresif dalam Judicial Review di Mahkamah Konstitusi." Jurnal Konstitusi 10, no. 3 (2016): 417. http://dx.doi.org/10.31078/jk1033.

Full text

Abstract:

The Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of the rights to constitutional review against that legislation. On the other hand, the Amendment of the 1945 Constitution introduced the Constitutional Court as a court for constitutional matters of which one of the jurisdictions is to review laws against the 1945 Constitution. Since the beginning, as stated in Law No.24 of 2003 on Constitutional

APA, Harvard, Vancouver, ISO, and other styles

22

Junaenah, Inna. "Tafsir Konstitusional Pengujian Peraturan di Bawah Undang-Undang." Jurnal Konstitusi 13, no. 3 (2016): 503. http://dx.doi.org/10.31078/jk1332.

Full text

Abstract:

Particular problem in judicial review frequently found is there a contradiction between the subsidiary legislation and the constitution. Unfortunately, in several Supreme Court verdict on judicial review, there is no usage of constitutional interpretation on their legal reasoning. However within domain of Supreme Court authority, constitution is not the touchstone, but constitution perspective must be included to maintain consistency of legislation hierarchy. There are two reasons on that posibilities, first the approximation of constitutional review by the court and second, the consequences o

APA, Harvard, Vancouver, ISO, and other styles

23

Sarpekov, Ramazan Kumarbekovich Sarpekov, and Alipasha Agakhanovich Karaev Karaev. "CONSTITUTIONAL CONTROL AS A TOOL FOR IMPRVING LEGISLATION: SOME PROBLEMS." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 79 (2024): 51–59. https://doi.org/10.52026/2788-5291_2024_79_4_51.

Full text

Abstract:

The constitutional reforms that took place in the Republic of Kazakhstan in 2022 marked new vectors for further modernization of the legal and political system. The problems of the effectiveness of public administration, the quality of the legislative process, as well as the need to reform the institution of constitutional control, through which the supremacy of the Constitution is ensured in the country and the regime of constitutional legality is maintained, have come to the fore. World experience shows that constitutional control bodies are involved in almost all spheres of public relations

APA, Harvard, Vancouver, ISO, and other styles

24

Безруков, А. В. "Развитие конституционного законодательства в условиях современных конституционных преобразований в России". СОВРЕМЕННОЕ ПРАВО, № 7 (8 серпня 2020): 5–13. https://doi.org/10.25799/ni.2020.59.54.001.

Full text

Abstract:

Автор рассматривает структуру, состояние и основные направления развития конституционного законодательства в условиях современных конституционных преобразований, исходя из развивающихся в конституционно-правовой науке идей конституционализации и модернизации конституционного законодательства. На основе анализа положений действующей Конституции Российской Федерации, конституционного законодательства и поправок к Конституции РФ 2020 года в системной взаимосвязи с рассмотрением состояния и основных тенденций оптимизации конституционного законодательства показаны основные направления и представлен

APA, Harvard, Vancouver, ISO, and other styles

25

Zhunuskanov, Tolybek. "Constitutional legislation of New Kazakhstan: New structural issues." Vestnik of Saint Petersburg University. Law 15, no. 2 (2024): 544–60. http://dx.doi.org/10.21638/spbu14.2024.216.

Full text

Abstract:

Through the forms of structure of the state as an external factor, on the one hand, and the institutions of power as an internal factor, on the other, the content and institutional features of the constitutional legislation of the Republic of Kazakhstan (RK) in the process of its interaction with other branches of the legal system are considered. The structural composition of which is regulated in the Law of the RК “On Legal Acts”, according to which the legal system is made up of the Constitution, corresponding legislative acts located according to the status of the owners, other normative le

APA, Harvard, Vancouver, ISO, and other styles

26

Mujuzi, Jamil D. "Construing pre-1995 laws to bring them in conformity with the Constitution of Uganda: Courts' reliance on article 274 of the Constitution to protect human rights." African Human Rights Law Journal 22, no. 2 (2023): 1–28. http://dx.doi.org/10.17159/1996-2096/2022/v22n2a9.

Full text

Abstract:

Article274 of the Ugandan Constitution (1995) provides that laws that existed at the time of the entry into force of the Constitution 'shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it in conformity with this Constitution'. The jurisprudence from Ugandan courts shows that they have adopted three approaches to give effect to article 274 and, as a result, protected human rights such as the right to equality (freedom from discrimination), property, human dignity, liberty and the right to bail. The first approach is for the court

APA, Harvard, Vancouver, ISO, and other styles

27

Sagandykov, Mikhail. "Relation between freedom of work and the obligation of citizens to work: a constitutional-legal researc." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2024, no. 3 (2024): 113–21. http://dx.doi.org/10.35750/2071-8284-2024-3-113-121.

Full text

Abstract:

Introduction. Amendments to the Constitution of 2020 of the Russian Federation have marked the problem of changing the state approach to the interaction of the individual, society and the state. The basic content of freedom of work should not be identified with the right of a person not to carry out any socially useful activity. At the same time, the constitutional concept of mutual rights and obligations of the individual and the state cannot be built on the same principles as in the Soviet times. The purpose of the work is to identify the constitutional and legal meaning of the provisions on

APA, Harvard, Vancouver, ISO, and other styles

28

Khdir, Rebaz Rasul. "The Constitutional Status of Islam in the Iraqi Legal Order." Journal of Legal and Political Studies 12, no. 1 (2024): 226–62. https://doi.org/10.17656/jlps.10267.

Full text

Abstract:

The region of Iraq has been part of the Islamic world since the dawn of Islamic Caliphate. Hence, Islam has played an essential role in the foundation and function of the country’s legal order until the downfall of the Ottoman Empire. Following the constitution of the new state of Iraq, Islam was incorporated as merely state religion and a civil right in the 1925 Constitution. This secular status remained in force until the republican era and the adoption of the 1964 Interim Constitution in which Islam was considered as the basic constitutional principle as well. Yet, the drafters of the 1970

APA, Harvard, Vancouver, ISO, and other styles

29

Mendy, Ousu. "A Comparative Analysis of Constitutional Rights in the Gambia and Indonesia." Constitutionale 4, no. 1 (2023): 85–98. http://dx.doi.org/10.25041/constitutionale.v4i1.2951.

Full text

Abstract:

While there is strong advocacy globally on human rights, little attention is paid to constitutional rights in some countries. Many constitutions contain constitutional rights, which are mainly referred to as the bill of rights in their constitutions. This piece presents a comparative exposition of the constitutional rights in The Gambia and Indonesia as constitutional states. Both countries are sovereign, and the strength and lethargy in enforcing these rights in these countries are of great significance in this research. In this research, empirical and normative research approaches are taken

APA, Harvard, Vancouver, ISO, and other styles

30

Segal (Reshetnikova), S. B., and A. O. Maslov. "Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice." Russian competition law and economy, no. 2 (June 29, 2024): 10–17. http://dx.doi.org/10.47361/2542-0259-2024-2-38-10-17.

Full text

Abstract:

In December 2023, 30 years have passed since the adoption of the Constitution of the Russian Federation. The positions of the constitutional control bodies have always played and continue to play an important role in the development of antimonopoly legislation and law enforcement practice in cases of protection of competition. In the practice of the Constitutional Court of the Russian Federation (CC of Russia) and a number of other law enforcement officers, competition is considered in the context of the constitutional value that all law enforcement officers, including antimonopoly authorities

APA, Harvard, Vancouver, ISO, and other styles

31

Orozco Pulido, Jesús Manuel. "Drafting a Constitution Is Not Drafting a Statute: An Analysis of the Mexican Constitution and Hyper-Amending Pathologies from the Legislative Drafting Perspective." Mexican Law Review 13, no. 1 (2020): 203. http://dx.doi.org/10.22201/iij.24485306e.2020.1.14814.

Full text

Abstract:

This note critically examines the way the Mexican Constitution has changed since it was originally written, due to a large number of amend¬ments. Through 239 decrees of constitutional reforms, which represent 732 modifications to constitutional articles, the current constitutional text is not the same document that arose from the Mexican Revolution. This vertiginous chan¬ge is analyzed from the perspective of theoretical and practical notions of legis¬lative drafting in common law countries. A huge number of reforms demons¬trates a constitution’s volatility, and the way reforms are written has

APA, Harvard, Vancouver, ISO, and other styles

32

Arizona, Yance. "Legal Policy of President Joko Widodo and the Independence of Constitutional Court." Jurnal Konstitusi 21, no. 1 (2024): 35–61. http://dx.doi.org/10.31078/jk2113.

Full text

Abstract:

This article discusses the independence of the Constitutional Court in reviewing legislation created by President Joko Widodo. There are three main questions posted: What is the character of legal policy under President Joko Widodo, how has the role of the Constitutional Court shifted in the last decade and what is the character of the Constitutional Court’s decisions in reviewing legislation enacted by President Joko Widodo. These questions are discussed using normative research on Constitutional Court decisions. Data from the results of this research are deployed quantitatively and qualitati

APA, Harvard, Vancouver, ISO, and other styles

33

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

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

34

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

35

Martínez Vázquez, Francisco. "RESEÑA de : García-Escudero Márquez, Piedad. Técnica Legislativa y seguridad jurídica :¿Hacia el control constitucional de la calidadde las Leyes?. Madrid : Cívitas, 2010." Teoría y Realidad Constitucional, no. 28 (June 1, 2011): 681. http://dx.doi.org/10.5944/trc.28.2011.6981.

Full text

Abstract:

Piedad García-Escudero Márquez’ work gives an insight on legislation technique, yet with a new approach that focuses strictly on constitutional aspects. She analyzes the Constitutional Court case law on legal security and how the imperfect technicalities of legislation have an influence on it. The author proposes typical legislation technique solutions which are directly linked to the quality of acts, with a constitutional bias that improves certitude and predictability of Law. She dwells on aspects such as the title and ranking of acts, the homogeneity of their subject matter as well as the p

APA, Harvard, Vancouver, ISO, and other styles

36

Kalish, Dar'ya. "Specificity of the interpretation of constitutionality in the Fifth Republic in France." Sravnitel noe konstitucionnoe obozrenie 30, no. 3 (2021): 125–40. http://dx.doi.org/10.21128/1812-7126-2021-3-125-140.

Full text

Abstract:

In France, the understanding of the constitutionality of law and the wider institution of constitutional control have interesting features, especially when compared to other countries that use the traditional, legal European (Kelsen’s) model. These include the originality of the standard, against which legislative acts are checked. It is the so-called constitutional bloc, which, in addition to the 1958 Constitution itself, includes the Declaration of the Rights of Man and Citizen of 1789, the Preamble to the 1946 Constitution, the 2004 Environmental Charter, as well as the principles to which

APA, Harvard, Vancouver, ISO, and other styles

37

Пилипенко, Анатолий, and Anatoliy Pilipyenko. "COMPARATIVE CONSTITUTIONAL AND ADMINISTRATIVE LAW: FROM ORIGINS TO MODERN ERA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16120.

Full text

Abstract:

If we consider 1965 to be the initial date of the formation of constitutional and administrative comparative studies, the year of creation in the Institute of the sector for foreign legislation on State Building, then this direction of the comparative law can rightly celebrate its 50th anniversary. During this period, the main research directions in the Comparative Constitutional and Administrative Law were determined: study and mastering of the comparative law method, research of organization and procedure of law-making, organization and procedures for preparation of draft legislation, legisl

APA, Harvard, Vancouver, ISO, and other styles

38

Brezhnev, O. V. "Problems of Organization and Competence of Constitutional (Statutory) Councils of Constituent Entities of the Russian Federation (Case Studies of the Republics of Adygea, Sakha (Yakutia), Bashkortostan)." Actual Problems of Russian Law 18, no. 4 (2023): 21–30. http://dx.doi.org/10.17803/1994-1471.2023.149.4.021-030.

Full text

Abstract:

The abolition of constitutional (statutory) courts led to the emergence of new bodies of constitutional control (supervision) in the constituent entities of the Russian Federation — constitutional (statutory) councils operating under the legislative bodies of constituent entities of the Russian Federation. But at the same time, federal legislation only allows for the possibility of the formation of these bodies, without specifying their status in any way. The paper provides a comparative legal analysis of the legislation regulating functioning of constitutional councils of three constituent en

APA, Harvard, Vancouver, ISO, and other styles

39

Yun, Jeong-In. "Political Party Clause of the Korean Constitution: De Constitutione Ferenda." Korean Association of International Association of Constitutional Law 29, no. 1 (2023): 165–207. http://dx.doi.org/10.24324/kiacl.2023.29.1.165.

Full text

Abstract:

The Korean Constitution’s political party clause(party clause) and party legislation which were designed during the authoritarian regime have since shaped the reality of party politics and the party system so far. Particularly, the theoretical background and legal argument that formed the basis for such party regulation still impact constitutional jurisprudence and judicial practice. This article thus explores a way forward to get out of the wrong path paved in the past that has led the Korean malfunctioning party politics. In scholarship and politics, the problem regarding the interpretation

APA, Harvard, Vancouver, ISO, and other styles

40

Lipen, S. V. "Trends in the Development of the Doctrinal and Constitutional Foundations of the Russian Legal System." Lex Russica 73, no. 10 (2020): 106–13. http://dx.doi.org/10.17803/1729-5920.2020.167.10.106-113.

Full text

Abstract:

The construction of the Russian legislation system is determined by the fundamental provisions on the types of normative legal acts, their relationship to each other, and the general issues of their creation, operation, accounting and systematization. These provisions are developed by the doctrine, they are constitutionally and legally fixed. New trends in the development of the foundations of the Russian legislation are announced by the amendments to the Constitution of the Russian Federation made in 2020. There were no significant changes in the system, structure, creation and operation of r

APA, Harvard, Vancouver, ISO, and other styles

41

Safina, S. B. "Modern Development Trends Constitutional Legislation of the Republics within the Russian Federation." Juridical science and practice 20, no. 3 (2024): 5–10. http://dx.doi.org/10.25205/2542-0410-2024-20-3-5-10.

Full text

Abstract:

The article is devoted to the analysis of the main directions of the development of the constitutional legislation of the republics within the Russian Federation, taking into account the changes in federal legislation and the constitutional reform of 2020. This article deals with the features and significance of reproducing federal norms in the constitutional legislation of the republics. Particular attention is paid to changes in the nature of the interpretation of the constitution at the republican level.

APA, Harvard, Vancouver, ISO, and other styles

42

Sciuchina, Natalia. "Constitutional values and legal regulation of labor relations." National Law Journal, no. 2(250) (May 2024): 110–19. http://dx.doi.org/10.52388/1811-0770.2023.2(250).12.

Full text

Abstract:

The article examines individual issues of the influence of constitutional principles and constitutional provisions guarantees of the implementation of human rights on the current labor legislation. Based on the constitutional and legal understanding of values, the features of the content of guarantee norms in the Constitution of the Republic of Moldova are determined, and a comparison of constitutional norms, constitutional values and constitutional principles. on this basis, the content of labor legislation is analyzed, including the norms of the labor code of the Republic of Moldova, which e

APA, Harvard, Vancouver, ISO, and other styles

43

Nazarov, Oleg, and Victoria Derkach. "Constitutional principles of mediation in the legislation of Ukraine." Slovo of the National School of Judges of Ukraine, no. 4(45) (February 19, 2024): 82–90. http://dx.doi.org/10.37566/2707-6849-2023-4(45)-7.

Full text

Abstract:

In the content of the scientific article, the concepts of the principles of the Constitution and constitutional principles are explored, the author’s own generalizations and the author’s interpretation of the understanding of these phenomena are made through the prism of mediation. The proposed author's understanding of the concepts of constitutional principles and principles of the Constitution of Ukraine. Based on an understanding of the content of these phenomena, when conducting the study, the author focused on the constitutional principles of mediation. Their content and essence are revea

APA, Harvard, Vancouver, ISO, and other styles

44

Wulandari, Desy. "Ex Ante Review in Realizing the Constitutionality of Laws and Regulations in Indonesia." Indonesian State Law Review (ISLRev) 1, no. 1 (2018): 37–52. http://dx.doi.org/10.15294/islrev.v1i1.26938.

Full text

Abstract:

This study aimed to describe the constitutional test models in France and in Indonesia and the prospect of application of the ex ante review in realizing the constitutionality of laws and regulations in Indonesia. The method used by the author is using a normative juridical approach of comparative law. The results showed that the ratio of the most influential position is on the object and the subject of testers. Indonesia's Constitutional Court is subject testers incorporated as a judicial body with the test object in the form of legislation that has been passed and enacted. Whereas in France

APA, Harvard, Vancouver, ISO, and other styles

45

Baek, Yun-Chul, and Sung-Bum Jung. "A Study on Public Assistance Legislation in Taiwan." Korean Public Land Law Association 101 (February 28, 2023): 367–87. http://dx.doi.org/10.30933/kpllr.2023.101.367.

Full text

Abstract:

The purpose of this study is to redefine the significance of social security rights under the constitution, stipulate them at the time of constitutional amendment, and strengthen them as a welfare state. To this end, the significance of social security rights under the Constitution is specified, the basic law on social security rights embodied under the Constitution is reviewed, and social security is classified into five categories: social insurance, public assistance, and social services. Korea is a constitutional welfare state, so it is the subject of the state's obligation to provide socia

APA, Harvard, Vancouver, ISO, and other styles

46

Yıldırım, Engin. "Social Rights and the Turkish Constitutional Court." Constitutional Review 7, no. 2 (2021): 188. http://dx.doi.org/10.31078/consrev721.

Full text

Abstract:

Through a brief examination of the Turkish experience, this article endeavors to illuminate the debate on the role of constitutional courts in interpreting social rights. The Turkish Constitutional Court has in many cases rejected applications for the annulment of legislation related to social rights, on the grounds that it is within the legislature’s discretion to determine public policy priorities based on economic resources and economic stability. This article suggests the Turkish Constitutional Court has narrowly interpreted constitutionally recognized social rights within the boundaries o

APA, Harvard, Vancouver, ISO, and other styles

47

Vasin, Maksym. "Terminological aspects of constitutional regulation of church-state relations in Ukraine." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 83–86. http://dx.doi.org/10.36695/2219-5521.1.2020.15.

Full text

Abstract:

Almost 24 years have passed since the adoption of the Constitution of Ukraine, however, the term «church» remains unclear in the legislation of Ukraine. Simultaneous using the terms «church» and «religious organizations» in some provisions of the Constitution of Ukraine and using only the term «church» in other provisions create the basis for an ambiguous interpretation of the constitutional principle of church-state separation and church-school separation. Such legal uncertainty in practice leads to a violation of the rights of believers in the application of constitutional provisions, in par

APA, Harvard, Vancouver, ISO, and other styles

48

Goncharov, Vitaly Viktorovich, Tatiana N. Mikhaleva, Grigory A. Vasilevich, Evgeny Sergeevich Streltsov, Aleksandra Alekseevna Milkova, and Jacek Zalesny. "Russian legislation on public control." LAPLAGE EM REVISTA 7, no. 1 (2021): 374–82. http://dx.doi.org/10.24115/s2446-6220202171741p.374-382.

Full text

Abstract:

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 1

APA, Harvard, Vancouver, ISO, and other styles

49

Meidiana, Meidiana Meidiana. "Integrasi Pengujian Peraturan Perundang-undangan oleh Mahkamah Konstitusi." Undang: Jurnal Hukum 2, no. 2 (2020): 381–408. http://dx.doi.org/10.22437/ujh.2.2.381-408.

Full text

Abstract:

This article discusses the testing of constitutional laws by the constitutional court. Testing legislation is a process for testing written rules that contain common binding legal norms, whether established by state institutions or authorized officials. This article concludes, the integration of important legislations to be objectified, is due to the fact that unintegrating system of legislations are causing confusion, causing institutional conflict between constitutional court and supreme court, and causing discredency between legislation regulations from the bottom to the top. This article w

APA, Harvard, Vancouver, ISO, and other styles

50

Esmund, Tomasz. "Współudział Prezydenta Rzeczypospolitej i Trybunału Konstytucyjnego w procesie ustawodawczym." Zeszyty Prawnicze Biura Analiz Sejmowych 83, no. 3 (2025): 67–110. https://doi.org/10.31268/zpbas.2024.55.

Full text

Abstract:

The article analyses the scope of the President’s competences in the legislative process in the context of cooperation and partnership with the Constitutional Tribunal. The author observes that both of these organs perform the role of ‘guardians of the Constitution’, and that, counter-intuitively, the President’s refusal to sign an unconstitutional act has a stronger impact on legislation than his legislative initiative prerogatives. In view of the fact that the Tribunal cannot act on its own initiative, the President should be guided by ‘constitutional sensitivity’ in the exercise of his comp

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!