Academic literature on the topic 'Constitutional legislation’s incorporation'

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Journal articles on the topic "Constitutional legislation’s incorporation"

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Desierto, Diane A. "Treaties in the Philippine Constitutional System." ICL Journal 16, no. 1 (2022): 27–134. http://dx.doi.org/10.1515/icl-2021-0035.

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Abstract International law has always had a dual significance to the Philippine constitutional system. On the one hand, the frequent articulation of international law principles within modern Philippine constitutional norms, statutes, and administrative rules demonstrate an outward-looking normative ethos – one I have described in other scholarship to be consistent with the 1987 Philippine Constitution’s ‘universalist history’. On the other hand, the considerable volume of Philippine jurisprudence applying international law norms to date overwhelmingly illustrate how Philippine litigants have
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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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Essop, Fatima. "Do Islamic-law wills contravene the common-law prohibitions against delegation of testamentary powers and incorporation by reference?" South African Law Journal 140, no. 3 (2023): 579–610. http://dx.doi.org/10.47348/salj/v140/i3a7.

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Although the Constitution of the Republic of South Africa, 1996 provides for the enactment of legislation recognising various systems of personal and family law, no legislation has yet been enacted to recognise Muslim personal laws of marriage, divorce or inheritance. This has not precluded South African Muslims from implementing Muslim personal laws in their private lives, with the assistance of various Muslim ulama bodies. In the sphere of inheritance, Muslim testators ensure that their estates devolve according to the Islamic laws of inheritance by incorporating the Islamic laws of inherita
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beygizadeh, marziyeh. "How to realize the idea of supervision of jurists in the Constitution of the Islamic Republic of Iran." Journal of Social-Political Studies of Iran's Culture and History 1, no. 3 (2022): 52–79. https://doi.org/10.61838/kman.jspsich.1.3.3.

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One of the issues considered by the clergy after the victory of the revolution was the supervision of legislation, which was realized in the form of the principles of the Guardian Council in the constitution. The question of the present article is how the idea of jurists' supervision of the parliament's approvals in the form of the principles of the Guardian Council was proposed in the constitution and was approved by the council of constitutional experts. The present article, using the main sources and the conducted researches and relying on the descriptive-analytical approach, came to the co
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Mishyna, Natalia V., and Olena O. Surilova. "CONSTITUTIONAL AND ADMINISTRATIVE ASPECTS OF THE UKRAINE’S MEDICAL CODE." Wiadomości Lekarskie 73, no. 1 (2020): 191–95. http://dx.doi.org/10.36740/wlek202001136.

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The aim of this study is to show which aspects of Ukraine’s constitutional and administrative law should appear in Ukraine’s future medical code. Materials and methods: The authors analyse five pieces of law or proposed law, including the 1996 Constitution’s provisions on health care, Law the Fundamentals of Health Protection and the main codes. The authors apply classical legal analysis to these laws – analyzing the first three chapters of the proposed medical code from a constitutional and administrative perspective. The other methods used by the authors are systemic, comparative and synerge
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Komarova, V. V. "The Constitutional Model of Interaction in the Constitutional Acts of Modern Russia." Actual Problems of Russian Law 18, no. 10 (2023): 11–19. http://dx.doi.org/10.17803/1994-1471.2023.155.10.011-019.

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The paper examines the term «interaction» updated in the process of the 2020 Constitutional Reform. The author analyzes the constitutional model of the interaction implementation in the Constitution of Russia, federal legislation and constitutional (statutory) legislation of the constituent entities of the Federation. Based on the comparative legal analysis, the paper explains the features of interaction in the unified system of public authorities at various levels, the features of goal-setting and types and forms of interaction. The author concludes that different goal-setting of interaction
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Czybulka, D. "Naturschutz und Verfassungsrecht." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 2, no. 1 (2017): 60. http://dx.doi.org/10.17159/1727-3781/1999/v2i1a2892.

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Nature Conservation and Constitutional Law in Germany Germany's federal structure is mirrored in its constitutional law consisting of the federation's Basic Law and the constitutions of the federal states subject to conformity with the former. "Nature conservation" in the constitutional context means the "protection of the natural basis of existence" comprising all natural values such as flora, fauna, soil, water, air, climate, landscape and their interdependencies. The process of incorporating provisions on nature conservation in the constitutions of both state levels intensified in the 1970'
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Cameron, Iain. "The Swedish Experience of the European Convention on Human Rights Since Incorporation." International and Comparative Law Quarterly 48, no. 1 (1999): 20–56. http://dx.doi.org/10.1017/s0020589300062874.

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The Swedish statute incorporating the European Convention on Human Rights (hereafter “the Convention”) entered into force on 1 January 1995.1The present article will look at what can loosely be termed the constitutional issues raised by incorporation of the Convention into Swedish law. One of the most interesting features of the Convention, like EC law, is that it is a separate, autonomous system of law which nonetheless, with incorporation, becomes a part of the national legal system. As such it cuts across national legal categorisations. But it is also an incomplete system. Convention issues
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Fandy Gultom, Iswanti Rachmanisa, Vedita Akbar, et al. "Tinjauan Yuridis terhadap Fungsi dan Kewenangan Legislasi Dewan Perwakilan Daerah (DPD) dalam Sistem Parlemen Bikameral (Dua Kamar) Negara Republik Indonesia." Intellektika : Jurnal Ilmiah Mahasiswa 3, no. 1 (2024): 126–38. https://doi.org/10.59841/intellektika.v3i1.2037.

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In the process of forming a law or legislation, the DPD does not have the power to decide or play a role in the decision-making process at all. Even though there are support requirements to become a member of the DPR. This means that the quality of the legitimacy of DPD members is not at all balanced by the quality of their authority as representatives of the regional people. The aim of this research is to analyze the function and authority of the Regional Representative Council in the Structural Institution of the Republic of Indonesia State Legislative Institution and how to optimize the fun
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Syeda, Muhadsa Naqvi. "The Role of International Law in the Irish Legal System- A Comprehensive Review." TRENDS IN CONTEMPORARY SCIENTIFIC RESEARCH 1, no. 1 (2022): 7–14. https://doi.org/10.5281/zenodo.6309565.

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In 1921, the partition of Ireland led to set two parliaments guided mainly by the written constitution. Currently, there are two legal systems in Ireland, directly associated with the common law systems. The Law of Ireland consists of Statute, Common and Constitutional Law however, the Constitutional Law is the highest in the state from which all the other laws derive authority and guidance. Thus, current article also highlights the Irish legislative system and further incorporation of Human Rights Law in the relevant legal infrastructure. We have discussed the extent to which Irish courts are
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Dissertations / Theses on the topic "Constitutional legislation’s incorporation"

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Кошіль, Наталія Михайлівна. "Систематизація конституційного законодавства України". Thesis, Одеса, 2017. http://hdl.handle.net/11300/7812.

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Кошіль Н. М. Систематизація конституційного законодавства України : дис.. … канд. юрид наук : 12.00.02 / Кошіль Наталія Михайлівна. – Одеса, 2017. – 187 с.<br>Дисертація є першим у національній юридичній науці дослідженням систематизації конституційного законодавства України, в якому виявлено перспективи інкорпорації, консолідації та кодифікації конституційного законодавства України та розроблено конкретні пропозиції. Визначено, що систематизація конституційного законодавства України – це результат впорядкування та зведення до єдності положень нормативно-правових актів та міжнародних договорів
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Books on the topic "Constitutional legislation’s incorporation"

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Mancuso, Anthony. How to form a nonprofit corporation in California. Nolo, 2005.

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Mancuso, Anthony. How to form a nonprofit corporation in California. 9th ed. Nolo.com, 2000.

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Swarup, Vishnu. The Protection of Civil Rights Act and rules: Also incorporating commentaries on articles of constitution and various other central and states legislation relating to rights of citizen. 2nd ed. Law Book Co., 1986.

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British Columbia Law Institute. Society Act Reform Project Comittee. Report on proposals for a new Society Act: A report prepared for the British Columbia Law Institute. British Columbia Law Institute, 2008.

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Mancuso, Anthony. How to form a nonprofit corporation. 4th ed. Nolo Press, 1997.

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Mancuso, Anthony. How to form a nonprofit corporation. 9th ed. Nolo, 2009.

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Mancuso, Anthony. How to form a nonprofit corporation. 5th ed. Nolo, 2002.

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Anthony, Mancuso, ed. How to form a nonprofit corporation. 2nd ed. Nolo Press, 1994.

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How to form a nonprofit corporation in California. Nolo, 2009.

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How to form a nonprofit corporation in California. 8th ed. Nolo Press, 1999.

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Book chapters on the topic "Constitutional legislation’s incorporation"

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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "4. Legislation." In Legal Systems & Skills. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192874429.003.0004.

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This chapter begins by examining the issue of parliamentary sovereignty. This is a key doctrine in the UK constitution of huge historical and political significance. It then discusses the various types of legislation and their importance in the political and legal system. The extensive and sometimes exacting process by which statutes are created is described, and then the means by which they are enforced; it then looks at how courts interpret statutes; and finally the impact on statutory interpretation of the incorporation into English law of EU law and the European Convention on Human Rights
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Medina, Barak. "State and Religion." In The Oxford Handbook of the Israeli Constitution. Oxford University Press, 2025. https://doi.org/10.1093/oxfordhb/9780192843524.013.0027.

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Abstract The separation between state and religion in Israel is considerably more limited than what is commonly observed in other liberal democracies. The government refrains from mandating adherence to religious norms, but a series of policies result in the enforcement of religious norms by the state. The legal doctrines, constructed through judicial interpretation, only partially limit the power of the government to enforce adherent to religious norms. The discussion in the chapter presents the main components of “Israel style” separation between state and religion. It starts by analyzing th
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Thompson, Brian, Michael Gordon, and Adam Tucker. "9. Human Rights." In Cases and Materials on Constitutional and Administrative Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867883.003.0009.

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This chapter deals with the area of human rights. It first considers the former position on human rights in the UK, then the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter explores the extent to which human rights law applies to private bodies performing public functions, how it affects the interpretation of legislation, when courts may find legislation compatible with Convention rights and when they may issue a declaration of incompatibility, and examines the adoption and the application of the proportionality test.
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Steinglass, Steven H., and Gino J. Scarselli. "Corporations." In The Ohio State Constitution, 2nd ed. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197619728.003.0015.

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Abstract Article XIII deals with the formation of corporations and with the power of the state to regulate them. The 1851 Constitution adopted this article in response to the abuses involved in the incorporation of private and municipal corporations under the 1802 Constitution. Private and municipal corporations are “creatures of the state,” owing their existence to state law, and this article forbids the General Assembly from passing special acts “conferring corporate powers.” This article also limits the power of the General Assembly to adopt legislation concerning banking powers without the
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Thompson, Brian, and Michael Gordon. "9. Human Rights." In Cases & Materials on Constitutional & Administrative Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767732.003.0009.

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Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the area of human rights. It considers the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter examines the implications of the Human Rights Act and how it operates in practice. It analyses the extent of its application between private litigants and courts' interpretation of legislation under the duty of making an interpretatio
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Allen, Aaron. "Craft and Burgh: Conflict or Partnership?" In Building Early Modern Edinburgh. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474442381.003.0005.

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The fourth chapter considers relations between the Incorporation and the wider burgh, looking at council control and customer interference. Sixteenth-century craft-council relations are usually portrayed as a merchant-craft conflict, though recent historiography has begun to question how pervasive this conflict was. Building on this debate, should we see relations between the Incorporation and the magistrates as a process of gradual integration, as the new burgh constitution of 1583 gave the crafts a firm role in burgh politics? The situation was complicated by demographic growth, suburban com
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Byrnes, Andrew, and Catherine Renshaw. "24. Within the state." In International Human Rights Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767237.003.0024.

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This chapter examines the state’s role in promoting and protecting human rights, and is organized as follows. Section 2 deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. Section 3 considers institutional protections of human rights. It briefly outlines the types of institutions
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Bantekas, Ilias, and Efthymios Papastavridis. "4. The relationship between international and domestic law." In International Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840978.003.0004.

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This chapter analyses the relationship between international and domestic law and particularly the reception of the former in domestic legal systems. This matter is regulated in the receiving State’s constitutional law and is generally based on the doctrine of incorporation and that of transformation. The former does not require any further implementing legislation by the receiving State but where it is applied it is subject to several limitations, particularly where the treaty in question is not sufficiently clear or precise, in which case it is not automatically self-executing. The philosoph
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Bantekas, Ilias, and Efthymios Papastavridis. "4. The relationship between international and domestic law." In International Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803874.003.0004.

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This chapter analyses the relationship between international and domestic law and particularly the reception of the former in domestic legal systems. This matter is regulated in the receiving State’s constitutional law and is generally based on the doctrine of incorporation and that of transformation. The former does not require any further implementing legislation by the receiving State but where it is applied it is subject to several limitations, particularly where the treaty in question is not sufficiently clear or precise, in which case it is not automatically self-executing. The philosoph
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Bantekas, Ilias, and Efthymios Papastavridis. "4. The relationship between international and domestic law." In International Law Concentrate. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192895684.003.0004.

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This chapter analyses the relationship between international and domestic law and particularly the reception of the former in domestic legal systems. This matter is regulated in the receiving State’s constitutional law and is generally based on the doctrine of incorporation and that of transformation. The former does not require any further implementing legislation by the receiving State, but where it is applied it is subject to several limitations, particularly where the treaty in question is not sufficiently clear or precise, in which case it is not automatically self-executing. The philosop
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