Academic literature on the topic 'Constitutional references'
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Journal articles on the topic "Constitutional references"
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Traser, Julianna Sára, Nóra Béres, György Marinkás, and Erzsébet Pék. "The Principle of the Primacy of EU Law in Light of the Case Law of the Constitutional Courts of Italy, Germany, France, and Austria." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 151–75. http://dx.doi.org/10.47078/2020.2.151-175.
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This article examines the relationship among national constitutions, constitutional courts, and the primacy of Community Law in connection with four Member States (Germany, France, Italy, and Austria). It starts with the question of whether national constitutions contain a European Union (EU) clause and explicitly provide for the primacy of Community Law. It examines whether any constitutional restriction or reservation has been elaborated in the case law of constitutional courts, and the extent to which the constitutional courts examined can exercise control indirectly over cases of conformity of EU legislative acts with constitutions or cases of misuse of powers (ultra vires acts). The constitutions examined can be considered uniform in that they contain references to the individual Member States’ relationships with the EU and create the possibility of restricting their competence or sovereignty. However, they do not declare the principle of the primacy of Community Law. As a consequence, the constitutional courts of Member States play a key role in the interpretation of the principle of the primacy of Community Law, including the formulation of constitutional requirements and counterbalances in connection with the enforcement of the principle. A reference to constitutional identity appears in the case law of recent decades, the elements of which are elaborated on and filled with more or less specific content by the constitutional courts on a case-by-case basis. In the event of a possible violation of constitutional identity or principles with unconditional effectiveness, some constitutional courts exclude the possibility of Community Law being invoked against the constitution of a Member State, but at least on a case-by-case basis, they maintain the possibility of inapplicability or of creating compatibility. In the latter respect, the article also addresses the limited nature of the powers of constitutional courts to examine the compatibility of EU Treaties and their amendments with the constitution of a Member State (see ex-ante or ex-post review, procedural or substantive examination).
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Skorut, Paweł. "Odwołania do Konstytucji RP z 17 marca 1921 roku i ewolucja rozwiązań konstytucyjnych w projektach ustawy zasadniczej RP z lat 90. XX wieku. Analiza zagadnienia na wybranych przykładach." Studia Środkowoeuropejskie i Bałkanistyczne 30 (2021): 121–42. http://dx.doi.org/10.4467/2543733xssb.21.010.13803.
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References to the Polish Constitution of March 17, 1921 and the Evolution Constitutional Solution in the draft Constitution of the Republic of Poland of the 1990s. An Analysis of Selected Examples The Polish constitutional drafts from the 1990s were one of the source texts of the 1997 Constitution of the Republic of Poland. Some of them tried very hard to refer to the solutions of the Polish Constitution of 1921. The article carried out an analysis to what extent the individual constitutional drafts referred to the solutions of the 1921 Constitution. The analysis of constitutional drafts and their similarities to the solutions of the 1921 Constitution were carried out on the basis of comparisons regarding, among others, the parliament, the president of Republic of Poland and legislative initiative.
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Komárek, Jan. "The Place of Constitutional Courts in the EU." European Constitutional Law Review 9, no. 3 (November 5, 2013): 420–50. http://dx.doi.org/10.1017/s157401961200123x.
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Going beyond ‘judicial dialogues’ and ‘conflict-and-power’ approaches to the analysis of national constitutional courts' role in the EU – The idea of European constitutional democracy – National constitutional courts constrain individual autonomy expanded by European integration – National constitutional courts defend the scope for political autonomy – Against national constitutional courts' displacement – Simmenthal II – After the ‘Rights Revolution’ in Europe – National constitutional courts' references to the ECJ – Ordinary courts challenging national constitutional courts through the preliminar y reference procedure – Parallel references – National constitutional courts enforcing EU law – National constitutional courts challenging EU law
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Roux-Kemp, Andra Le. "The Enforceability of Health Rights in Kenya: An African Constitutional Evaluation." African Journal of International and Comparative Law 27, no. 1 (February 2019): 126–49. http://dx.doi.org/10.3366/ajicl.2019.0262.
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Kenya's recently promulgated 2010 Constitution has been met with much enthusiasm and expectation after a difficult and protracted history of constitutional development and reform. This article considers and evaluates the key constitutional provisions with regard to the recognition of health rights in Kenya together with other health-related provisions, and with specific reference to the realisation and enforceability thereof. This evaluation will be conducted from a comparative perspective with references made to other African constitutions and case law. It is the objective of this article to offer a critical evaluation of the health rights included in the Kenyan Bill of Rights in relation to its African counterparts and to consider the possibilities and potential obstacles for the realisation and enforcement thereof. It is evident from this comparative evaluation that the Kenyan Bill of Rights contains pioneering provisions with regard to the right to health that can bring about meaningful changes for Kenyan citizens through effective socio-economic rights jurisprudence.
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Gárdos-Orosz, Fruzsina. "The reference to constitutional traditions in populist constitutionalism – The case of Hungary." Hungarian Journal of Legal Studies 61, no. 1 (July 5, 2021): 23–51. http://dx.doi.org/10.1556/2052.2021.00298.
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AbstractThe paper aims to highlight the nature and the relevance of the reference to constitutional traditions in the building of populist constitutionalism, with special regard to the Hungarian case. In Hungary the goals and effects of this reference – especially the references to the achievements of the historical constitution – must be discussed at the level of the constitutional text and with regard to the formation of the new constitutional jurisprudence and, furthermore, to the creation of the constitutional identity. Outstanding political theories have been built about the elements of national populism and all include a political emphasis on a nation's pride in its culture, history and traditions. This paper examines the normative legal consequences of this in a state where the populist political forces have consecutively gained a majority in the Parliament which enables them to adopt and amend a constitution and decide on the personal make up of the constitutional court. It examines the role of the reference to constitutional traditions in the transformation of the constitutional system. The illustrative case studies from Hungary show one element of the alternative to mainstream liberal constitutional democracy: a constitutional perception of the sovereign people with a strong common constitutional heritage, this latter to be respected by all state organs and by domestic, European and international law. The paper offers an understanding of this constitutional concept and assembles disclaimers and serious legal concerns that must be taken into account, at least in Hungary, but probably in many other national populist regimes as well.
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Mansur, Salim. "Constitutionalism and Ethnic Conflict." American Journal of Islam and Society 13, no. 3 (October 1, 1996): 325–52. http://dx.doi.org/10.35632/ajis.v13i3.2313.
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The role of a constitution and a constitutional order in political developmentis generally not discussed in recent literature on the comparativepolitics of developing societies. It is more or less taken for granted that, inthe division between developed and developing societies, the former areidentified with matwe institutions of legitimate order that provide politicalstability, continuity of political authority, and established rules for conflictsettlement; the latter are characterized by the weakness or absence of suchinstitutions. ‘Ibis is the analytical scheme in Huntington’s now classic study,Political Order in Changing Societies.’ In this work, there is no index entryfor “constitution,” “constitutionalism,” or “constitutional order.” The absenceof such references was not considered anomalous, for it was assumedthat constitutional practice and norms, designs and processes, were thedefining characteristics of mature developed societies. Instead of examiningthe role of constitutions in the evolution of developing societies, comparativepolitical studies like Huntington’s focused on the polity’s structuralfoundations and the functional nature of political organizations. Huntingtonclaimed that the difference between developed and developing societies wasnot in the form, but rather in the degree, of government. Constitutionalism,the study of constitutions in the workings of a mature political system, in thisview, rightly belongs to examining the various forms of political systemsavailable in the modem world. Conversely, his study implied, efficacy ordegree of government did not follow from the adoption of a constitution inthe making of political order in a developing society.Recent events in Europe, beginning with the disintegration of theSoviet Union and Yugoslavia, raise once again questions of ethnicity,nationalism, and political development. For much of the second half of thetwentieth century, these were seen as problems pertinent to the developingsocieties of Africa, Asia, and South America and only of comparative ...
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WARREN, MICHAEL. "A Case Study in Federalism - the United States and Michigan Constitutions: Not Double Vision, Double Constitutions." Michigan Academician 47, no. 2 (January 1, 2021): 202–19. http://dx.doi.org/10.7245/0026-2005-47.2.202.
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ABSTRACT Each citizen in America lives under two Constitutions - the United States, federal Constitution which applies to all citizens, and the constitution of the state in which the citizen lives. Often overlooked and basically unknown, the state constitutions play a vital role in governance and preserving our unalienable rights. Perhaps the best way to understand each constitution is to compare and contrast them. Accordingly, as a case study, this article examines the age, length, predecessors, drafting process, conventions, ratification process, and amendment procedures of the State of Michigan Constitution of 1963 and the U.S. Constitution. Furthermore, this article examines how each of these constitutions addresses the separation of powers, legislature, executive, judiciary, local government, transportation, education, finance, taxation, and the protection of unalienable rights. Armed with this understanding, we will be better informed citizens, and more ably equipped to participate in self-governance and protect the unalienable rights of the citizenry. Note: At times this article quotes constitutional text which refers to “he” or “him.” The grammatical convention at the time was to make masculine all generic gender references. That this article quotes the text does not equate to an endorsement of the convention nor did the drafters intend that only men could serve as public officials.
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Hazri, Tengku Ahmad. "Islam and Constitutions." ICR Journal 8, no. 2 (April 15, 2017): 264–67. http://dx.doi.org/10.52282/icr.v8i2.201.
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Across the Muslim world, constitutions frequently make reference to Islam. These references assume various forms. In some constitutions, Islam is declared as a state religion, official religion, or something similar, such as in Malaysia’s Federal Constitution, which proclaims Islam to be “the religion of the federation.” In others (Egypt, Tunisia, Libya), the Sharia is promulgated as a source-if not ‘the’ source-of legislation. Yet others (Iraq, Afghanistan) include ‘repugnancy clauses’, i.e. clauses declaring laws that run contrary to Sharia to be invalid, null and void. Still others require the head of state or government to be a Muslim (e.g. Syria). The various ways in which Islam is incorporated into these constitutions reveals the centrality of religion to public life in most Muslim societies. But they also point to another important aspect, namely the negotiation of Islam and modernity. This is a recurrent leitmotif that runs throughout the constitutional history of the modern Islamic world.
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Hakansson, Carlos. "Una aproximación al constitucionalismo latinoamericano, características principales y nuevas tendencias // An approach to the Latin-American constitutionalism, main characteristics, and new trends." Revista de Derecho Político 1, no. 100 (December 20, 2017): 1239. http://dx.doi.org/10.5944/rdp.100.2017.20732.
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Resumen:El presente trabajo es una primera aproximación a las diversas manifestacionesdel constitucionalismo en América Latina, a partir de algunas referencias comunes: Revolución Francesa, Derecho Comparado y alusiones a la modernidad. Summary:I. The common traits of the latin american constitutions. II. Content of the latin american constitutions. III. The degree of modernity of the latin american constitutions. IV. Constitutional trends. V. An approach to ibero-american presidential model. VI. Prospects for latin american constitutionalism.Abstract:The present paper is a first approximation on the diverse manifestations of the constitutionalism in Latin America, starting from some common references: French Revolution, Comparative Law, and allusions to modernity.
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Doyle, Oran. "Populist constitutionalism and constituent power." German Law Journal 20, no. 2 (April 2019): 161–80. http://dx.doi.org/10.1017/glj.2019.11.
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AbstractConstituent power is a helpful component of constitutional theory because it provides a conceptual and potentially normative explanation of how a new constitution can be made without any existing legal authority to do so. Contemporary theories of constituent power, however, unhelpfully treat constituent power as a fictive entity, typically the people, that subsists through time. This predominant account of constituent power fails adequately to explain examples of constitution-making and also lends support to the populist claim that a unitary and unchanging people has an immanent but continuing role as a constitutional actor superior to the constitution itself. This enables populist leaders to rely on prevalent understandings of constitutionalism to support the sidestepping and/or removal of constraints on their power. In this Article, I trace the connections between mainstream theories of constituent power and the academically peripheral claims of populist constitutionalism. I argue for a different understanding of constituent power as a capacity that, in principle, may momentarily be exercised by any entity. This explains how a new constitution can unlawfully replace a pre-existing constitution yet come to have lawful authority itself, without implying the diachronic existence of the constituent power as an entity. I illustrate this understanding of constituent power with reference to the constitutional development of Taiwan and Ireland. These examples show—contrary to the predominant account of constituent power—that constitutional systems may be created without the exercise of constituent power and that constitutional law can play an important role in constructing an entity capable of exercising constituent power. Seen in this way, popular references in preambles are important not for their account of how a constitution was made but rather for their account of whom a constitution is for. This account of constituent power undermines core claims of populist constitutionalism. But it also provides a salutary lesson for liberal constitutionalists: a constitution adopted for a people must broadly serve the interests of that people.
Dissertations / Theses on the topic "Constitutional references"
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Maseko, Thulani Rudolph. "The writing of a democratic constitution in Africa with reference to Swaziland and Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1146.
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"The writing of constitutions in Africa in the 1990s seems to have become fashionable after years of political wilderness following decades of one-party rule, military dictatorships and no-party regimes. African states engaged in the process of crafting new and democratic constitutions in search of democratic and legitimate governance based on the free will of the peoples, and to foster democratic traditions. Transition to democracy is a sacred undertaking, the challenge of which is to develop constitutional and institutional mechanisms in the hope of building viable and durable democratic values and practices that would guarantee political stability, peaceful and orderly change of government, the rule of law and the complete respect for human rights. Constitution-making must be seen as a means of bringing peace and creating a stable and prosperous African continent where the people take charge of the governance and their political and economic destiny in complete freedom. This study inquires into the extent to which this goal has been achieved, with particular reference to Swaziland and Uganda. Swaziland is the only absolute monarchy in the Southern Africa region after Lesotho adopted a democratic constitution in 1993, with the King becoming a constitutional monarch. Uganda has been operating under the Movement Political System (MPS) that, until recently, did not allow free political activity. ... The study is divided into five chapters. Chapter 1 focuses on the circumstances (context) and gives an overview of the organizational structure. Chapter 2 deals with the concepts and basic principles of constitutionalism, democracy, and human rights. Chapter 3 scrutinises the legislative mechanisms that set the process in motion and how the constiutional mandate was executed. The chapter considers the effect of the enabling legislation on ratification and implementation of the rights enshrined in the African Charter. It also looks at the role of civil society in influencing the process. To a limited extent, a comparative case study of other processes in Africa, especially the South African and Zambian experiences, is made. Chapter 4 is a discussion of human rights instruments providing for the right to participate; article 13 of the African Charter, article 25 of the International Covenant on Civil and Political Rights (ICCPR) as well as article 21 of the Universal Declaration of Human Rights (UNDHR). A discussion of the content and meaning of the right to participate in international law is made, focusing on the jurisprudence of the African Commission on Human and Peoples' Rights, as well as the jurisprudence of the Human Rights Committee (HRC). Chapter 5 is conclusions and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Peace and Human Rights Centre, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
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Heitzmann-Patin, Mathilde. "Les normes de concrétisation dans la jurisprudence du Conseil constitutionnel." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D008.
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A partir de l'étude des décisions du Conseil constitutionnel, la recherche porte sur l'exercice d'une technique particulière d'interprétation des normes de référence par le juge constitutionnel. De ces interprétations spécifiques résulte l'élaboration, par le juge, des normes de concrétisation. Les normes de concrétisation sont fondées expressément sur les normes de référence du contrôle de constitutionnalité et des lois et en constituent un mode d'emploi. Elles forment des normes juridiques infra-constitutionnelles dont certaines s'imposent au législateur et d'autres s'imposent au juge constitutionnel lui-même. En effet, une première catégorie indique au législateur les critères qu'il doit respecter pour que les dispositions législatives qu'il adopte soient conformes aux normes de référence. Une seconde catégorie établit des méthodes que le juge constitutionnel va utiliser dans le cadre du contrôle de constitutionnalité des lois. Ces règles nouvelles concrétisent les normes de référence à deux niveaux. D'abord, elles précisent leur contenu. Ensuite, elles facilitent leur application. Les normes de concrétisation sont alors un outil jurisprudentiel qui constitue une règle de droit. Par ces différentes caractéristiques, elles permettent au juge à la fois d'élargir ses compétences et de stabiliser sa jurisprudenceBased on the analysis of the French Constitutional Council case law, this research studies a specific technique which the constitutional judge uses when interpreting reference norms. Doing so, the constitutional judge creates concretization norms. Concretization norms are built on reference norms of the constitutional law review, and can be viewed as a user manual of these norms. They are infra-constitutional norms. Some of them are binding to the legislator while other command the constitutional judge itself. Indeed, one category establishes the criteria the legislator must follow in order to pass laws in compliance with the Constitution. A second category establishes methods which the constitutional judge will use when proceeding to the constitutional law review. These news rules are a concretization of reference norms on two levels. First, they specify the content of these norms. Second, they facilitate their application. Hence, concretization norms are a judicial tool and a legal norm. Through all these characteristics, concretization norms are used by the constitutional judge in order to extend its jurisdiction but also to stabilize its case law
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Mokhtar, Khairil Azmin. "Federalism in Malaysia : A constitutional study of the federal institutions established by the Federal Constitution of Malaysia and their relationships with the traditional Institutions in constitution ( with special reference to the Islamic religious powe." Thesis, Aberystwyth University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497036.
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Hadfield, Brigid. "Territoriality in the United Kingdom constitution with special reference to Northern Ireland : from direct rule to devolution all round." Thesis, University of Essex, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268724.
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Aljaziri, Hamid A. M. "The constitutional development of the United Arab Emirates : with special reference to the legislative power." Thesis, Keele University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320247.
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Van, Rooyen Johann. "The protection of minority rights: a comparative survey with special reference to South Africa's constitutional options." Master's thesis, University of Cape Town, 1988. http://hdl.handle.net/11427/17689.
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The purpose of this dissertation is firstly to define and analyse the concept of minority rights and to place it in perspective in relation to surrounding concepts such as communalism, ethnicity, groups and individualism. This is done through a critical discussion of various theoretical perspectives relating to the subject matter. Comparisons are drawn between the policies of various plural societies aimed at accommodating their ethnic diversity, either constitutionally or through methods that lack legitimacy. This is followed by a discussion and evaluation of consociational democracy and federalism as possible solutions to the problems created by ethnicity and minorities in a plural society. Having made the hypothesis that democracy is best served in a multi-ethnic society by a system that emphasizes group rights in addition to individual rights and which accepts the notion of government through consensus, the emphasis then moves to the particular nature of the South African minority question. The policies of the various actors on the South African political scene towards minority rights are analysed critically. Attention is given to factors which may influence group formation in a system emphasizing voluntary association, such as race, ethnicity, class and ideology. There is also a discussion of the nature of the rights which minorities may claim and emphasis is placed on the requirement that minorities should be able to levy strategic influence without disrupting the society as a whole. Finally, this dissertation deals with the question of which constitutional alternatives offer the most promising solution to the problems caused by South Africa's cultural diversity. Although a political system emphasizing individual rights might come closest to the liberal ideal and may be suitable to an ethnically homogeneous country, the violent history of plural societies where group rights have been neglected, indicate the need for a pluralist solution in South Africa. While there is a strong tendency among Blacks to view the concept of minority rights as yet another Apartheid ploy to maintain White domination and privileges, the purpose of this paper has been to prove that minority rights is a universal concept and is not a creation of Apartheid, although the National Party has managed to almost irreversibly taint it. Yet, in a system of group formation through voluntary association, the concept of minority rights can serve as a powerful tool to help facilitate a negotiated settlement towards a predominantly Slack government based on consensus. A true power-sharing consensus-orientated constitution has been found in Lijphart's notion of a consociational democracy and the view is taken that the Natal-KwaZulu Indaba's constitutional proposals is an example of such a constitution.
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Mnyaka, Mluleki Michael. "Tolerance as an ethical issue with special reference to South Africa." Thesis, Rhodes University, 1998. http://hdl.handle.net/10962/d1020852.
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From Introduction: It was a feature of South African political life to have senseless and continued political violence especially in areas such as KwaZulu Natal and Gauteng., There were certain places that were demarcated as "no-go areas" in other parts of the country for political rivals* This research has been directed by the cries of many South Africans pleading for political tolerance. Tolerance was a term used by both politicians and ordinary people alike and therefore open to misuse and various interpretations. As a term it was therefore without adequate clarification on its meaning. It is an attempt of this study to clarify and promote this value of tolerance. In Chapter One, the value of tolerance is examined. It is described as putting up with what is disliked or disapproved for the sake of others. But it is deliberate and is therefore a virtue. Positive attitudes, motives and power are central to tolerance. For tolerance to be sustained, solid foundations such as education, respect for others and their freedoms, democracy, justice, stability and reciprocity are to be laid. A light is also being shed on the limits of this virtue. Considerations and circumstances which need to be taken when deciding on each an action are the very motives and conditions for tolerance. This further makes the issue of tolerance to be complex. Church history shows that tolerance does not come naturally. It is a difficulty because of certain principles that are at stake. When viewed from the twentieth century perspective many of Church history's periods were of intolerance because the church had power. Tolerance was an exception, a plea of those without power. South Africa has to unlearn much of intolerance because of the past that militated against tolerance. Fortunately tolerance is now being firmly entrenched as law. Even though it is so, the tension of being tolerant and intolerant still exists especially in the whole area of abortion. Let us examine why tolerance is such a complex issue and a virtue to be promoted.
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Webber, Gregoire C. N. "Limitation of constitutional rights as a negotiating of political legitimacy, with special reference ot Canada since 1982." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.495687.
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Turnbull, Christine Hazel. "The Viceroyalty of Lord Reading, 1921-1926 : with particular reference to the political and constitutional progress of India." Thesis, London Metropolitan University, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280517.
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Chinomona, Rutendo. "Analysing the rights of women in the new Constitution of Zimbabwe with reference to International Law." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/43304.
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This study is an analysis on the rights of women in the new Zimbabwean Constitution with reference to International Law. It seeks to answer the question does the new Constitution address the limitations of the old with regard to the rights of women in international law. The new Constitution is analysed, against international and regional human rights instruments, finding positive development in Constitutional entrenchment of women’s rights in education, health and marriage, the principles of equality and non-discrimination; concluding that the new Constitution sets the platform for protecting and fulfilling women’s rights, while also recognising there is room for improvement in the Constitutional text to fully protect women’s rights. The study goes further to analyse the relationship between the domestic law international law from a constitutional perspective. Women benefit from the monist position of customary international law which ensures individuals may institute claims based on international customary law. Treaties, however, require domestication into municipal law, a position which disadvantages women where the rights are not constitutionally entrenched and the relevant treaties have not been domesticated. This position need not necessarily prejudice women; the legislature is seen to have an important role in assessing existing legislation and fulfilling its mandate of enacting new legislation (complete with remedies for violations) compliant with the Constitution and international human rights standards to protect the rights of women. Areas of focus in strengthening women’s rights are highlighted as part of the legislature’s role. Legislation should have implementation mechanisms for the realisation of women’s rights. The position of international law can be strengthened by the judiciary when it takes an active role in ensuring compliance with international human rights standards on women’s rights, responding positively to the social dynamics in adjudicating on the rights of women.Dissertation (LLM)--University of Pretoria, 2013.
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Books on the topic "Constitutional references"
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Hughes, Gerard. Coup d'état a Philadelphie? Aix-en-Provence: Publications/Diffusion Université de Provence, 1989.
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F, Williams Robert. The New Jersey state constitution: A reference guide. New York: Greenwood Press, 1990.
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Williams, Robert F. The New Jersey state constitution: A reference guide. New Brunswick, N.J: Rutgers University Press, 1997.
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The Georgia state constitution: A reference guide. Westport, Conn: Greenwood Press, 1994.
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Nevada, ed. The Nevada state constitution: A reference guide. Westport, Conn: Greenwood Press, 1993.
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Heller, Francis Howard. The Kansas state constitution: A reference guide. Westport, Conn: Greenwood Press, 1992.
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McLauchlan, William P. The Indiana state constitution: A reference guide. Westport, Conn: Greenwood Press, 1996.
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Oesterle, Dale A. The Colorado state constitution: A reference guide. Westport, Conn: Greenwood Press, 2002.
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Lee, Anne Feder. The Hawaii state constitution: A reference guide. Westport, Conn: Greenwood Press, 1993.
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Jack, Stark. The Wisconsin state constitution: A reference guide. Westport, Conn: Greenwood Press, 1997.
Find full textBook chapters on the topic "Constitutional references"
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Ghosh, Eric. "Judicial Reference to Community Values – A Pointer Towards Constitutional Juries?" In Democratizing Constitutional Law, 247–71. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-28371-5_12.
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Welikala, Asanga. "Constitutional Migrations in the Commonwealth: The Quebec Secession Reference and Sri Lankan Constitutional Discourse." In The Canadian Contribution to a Comparative Law of Secession, 135–59. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-03469-6_7.
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Krifka, Manfred. "Nominal Reference, Temporal Constitution and Quantification in Event Semantics." In Semantics and Contextual Expression, edited by R. Bartsch, J. van Benthem, and P. van Emde Boas, 75–116. Berlin, Boston: De Gruyter, 1989. http://dx.doi.org/10.1515/9783110877335-005.
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Bhat, P. Ishwara. "Relevance and Significance of Constituent Assembly Debates in Constitutional Interpretation: A Comparative Analysis with Reference to Amendments." In The Indian Yearbook of Comparative Law, 223–52. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-2175-8_11.
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"References." In Constitutional Economics, 120–35. Cambridge University Press, 2020. http://dx.doi.org/10.1017/9781108764445.009.
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"References." In Constitutional Dysfunction on Trial, 173–80. Ithaca, NY: Cornell University Press, 2019. http://dx.doi.org/10.7591/9781501744464-011.
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"References." In Constitutional Dysfunction on Trial, 173–80. Cornell University Press, 2019. http://dx.doi.org/10.1515/9781501744464-011.
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"References." In Constitutional Policy & Territorial Politics in the UK Vol 1, 323–40. Bristol University Press, 2021. http://dx.doi.org/10.2307/j.ctv1c9hmp7.17.
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Jestaedt, Matthias. "The Karlsruhe Phenomenon." In The German Federal Constitutional Court, 32–69. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198793540.003.0002.
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This chapter stresses that nothing in the Federal Constitutional Court’s growth was preordained. It depicts the Court’s initially fraught relations with political actors, ordinary judges, and legal academics, scrutinizing the institutional peculiarities that have made the Court what it is. The manner and direction in which the Court developed was recognizable merely in outline in the fundamental decision by the constitution’s founders for an institutionally independent constitutional adjudication, which according to the size and extent of its jurisdiction would be powerful. This was due to the fact that the Federal Constitutional Court in its totality was unprecedented both in terms of constitutional history and comparative constitutional development: during the deliberations on the Basic Law and Federal Constitutional Court Act, there were repeated specific references to the Staatsgerichtshof in Weimar and the U.S. Supreme Court. But both in its numerous distinctive details and even in the overall concept, the constitutional court of the Basic Law represents a new creation.
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Elisa, Arcioni. "Part III Themes, Ch.14 Citizenship." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0015.
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This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no mention of ‘citizenship’. Instead, formal membership of the Australian community is determined by reference to the constitutional categories of ‘subjects of the Queen’ and ‘people of the Commonwealth’ and through the legislative definition of citizenship under federal law. These peculiar features of the Australian context reflect what is generally assumed to be the modest role of the Constitution in determining national identity and the fact that Australia was not an independent nation at the time of the Constitution's drafting. Developments in legislation, constitutional jurisprudence, and mooted constitutional amendments all point towards a greater role for the Constitution in determining Australian ‘citizenship’ in the future.
Conference papers on the topic "Constitutional references"
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Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18304.
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The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the application of the Charter in the case law of the Croatian Constitutional Court and the method of interpretation pursued, with special reference to both its shortcomings and benefits. The paper also investigates the reasons for limited application of the Charter, even in those cases which would normally fall under the scope of application of EU law. The analysis indicates two distinct methodological approaches adopted by the Constitutional Court. The first one, where the Charter has been regarded as an interpretative tool only; and the second one, where the Charter has been found to be directly applicable vis-à-vis individual rights inferred from the EU law. The latter approach, first followed in an asylum case No. U-III-424/2019 (X. Y.), had raised new questions on interpretation of the Charter (with respect to the Croatian constitutional framework) in the cases where the Charter's applicability ratione materiae overlaps with the Croatian Constitution and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, which to the day, in contrast to the Charter, has been consistently followed and therefore legally internalised by the Croatian Constitutional Court. Therefore, the paper also elaborates a new methodological approach adopted by the Croatian Constitutional Court in finding a way out of „limbo“ between the Charter, the ECHR, and the Croatian Constitution.
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Turanjanin, Veljko. "UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18305.
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The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.
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Khattaa, Semirames, Bárbara Laurindo da Silva, and Manuela Pereira Gomes. "Public policies and social rights: employment and income in Brazil." In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212439.
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The analyzes of public policies and their interface with the law are related to the effectiveness of fundamental rights. This article aims to analyze how the creation and execution of public policies aimed at the realization of fundamental social rights, especially those aimed at employment and income, as well as the judicial control of these public policies, are carried out. It seeks to identify the mechanisms and limits inherent to Public Administration to promote the realization of these rights in an equal way. The investigation of institutional designs, federative arrangements, and programs and the legal foundations and theoretical bases of public policies founded with the consolidation of the Constitutional State of Law seek to identify possible bottlenecks in the Brazilian Public Administration for the effectiveness of socialrights, such as those aimed at employment nationwide and the municipal administration, especially in Campos dos Goytacazes. The study will be based on a bibliographic research and analysis of the legislative and jurisprudential process on the subject, with data collection from the websites of the federal and municipal government of Campos, Ministério Público, Courts of Auditors, IPEA, IBGE, Federal Chamber of Deputies and well. as the Federal Supreme Court (STF). With the systematization of theoretical references on public policies and fundamental rights, a proposal to identify the articulation and dialogue between the powers in the area of realization of specific social rights related to work and income, and the elaboration of an article summarizing the results achieved by the analysis of effectiveness with the analysis of the importance of the effectiveness of fundamental rights with the identification and systematization of the main institutional obstacles to their implementation
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Colcelli, Valentina. "OVERVIEW OF THE RELATIONSHIP BETWEEN THE ITALIAN CONSTITUTIONAL COURT AND EU LAW, WITH PARTICULAR REFERENCE TO THE ITALIAN CONSTITUTIONAL COURT’S APPROACH TO RENEWABLE ENERGY POLICY." In EU LAW IN CONTEXT – ADJUSTMENT TO MEMBERSHIP AND CHALLENGES OF THE ENLARGEMENT. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2018. http://dx.doi.org/10.25234/eclic/7099.
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Cankurt, Ezgi. "Evaluation of the Decisions of the Ombudsman Institution According to Human Rights." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02334.
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Alternative solutions have come to the fore in recent years. In our country, the new Ombudsman Institution is; Upon the operation and complaint of the administration, it is responsible for examining and conducting all kinds of actions and operations of the administration and its attitudes and behaviors within the understanding of justice based on human rights, in terms of compliance with law and equity, and to make recommendations to the administration. Therefore, it offers alternative solutions for these issues.
In the first part, general information about the functioning of the Ombudsman Institution and the application standards will be given. In observing the decisions of the institution, reference is made to international conventions for examination. Because of this reason, in the second part, the decisions given by the ombudsman institutions will be evaluated for compliance with international conventions and the constitution.
Recommendations made by the Agency also help to increase the total quality of public institutions. The decisions of the Ombudsman institution should be made in accordance with the international conventions and the constitution. Because without reference to human rights, there will be problems in terms of binding decisions. Therefore, facilitator methods should be followed in terms of application criteria.
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Yang, Wei, Hong Huang, and Ling Hu. "The Design and Modification to Radiological Controlled Area Gateway of Fuqing NPP." In 2013 21st International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icone21-15792.
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In PWR NPPs, the RCA (Radiological Controlled Area) gateway’s design is a very important factor to the effectiveness of RCA boundary control and on-site radiation protection management. This issue summarized the practice of RCA gateway’s design & modification of unit 1 & 2 in Fuqing NPP, with which a presentation on constitution, function and basic principles of design and layout, what would be a reference for the coming advanced PWR reactors.
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Qin, Shijun, Yuntao Song, Ge Li, and Damao Yao. "Kinematics Analysis of Double Seal Door for ITER Remote Handling Transfer Cask System." In 18th International Conference on Nuclear Engineering. ASMEDC, 2010. http://dx.doi.org/10.1115/icone18-29117.
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The moving direction of double seal door (DSD) of ITER remote handling transfer cask and the force of hydraulic pole will change significantly at the guide rail inflexion position (GRIP) which is a mutant site, so it is very possible to make the structure damage or the system failure at the GRIP. In this paper, the kinematics simulation and analysis of DSD were done based on special constitution restriction and working process by software ADAMS. The stress distribution of guide rail and hydraulic pole were obtained by the above simulation, at the same time the optimal GRIP was confirmed according to the force analysis result. The above-mentioned analysis process and results not only provide technical data for the optimization design and the prototype manufacture of DSD, but also provide the examples and references of kinematics analysis for other important components of ITER.
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Hojo, Kiminobu. "Mode I Ductile Crack Growth of 1TC(T) Specimen Under Large Cyclic Loading: Part IV." In ASME 2020 Pressure Vessels & Piping Conference. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/pvp2020-21658.
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Abstract Ductile crack growth calculation method under excessive cyclic loading in a fitness for service rule has not been established even in Mode I. Since 2017 to 2019 the author had tried to establish how to determine the parameters of the combined hardening rule and applied it to simulate the ductile crack growth behavior of the 1TC(T) specimens of the different loading levels for ferritic steel. Also ΔJ calculation using the reference stress method, and the transferred crack growth rate from a code were applied to estimate the ductile crack growth. Several equations of the reference stress method were tried to apply in the previous paper. Further the prediction procedure using the ΔJ, the reference stress method and da/dN-ΔJ curve based on the JSME rules on fitness for service (FFS) was applied to the pipe fracture tests under cyclic loading and its applicability was discussed for the case of a pipe structure in the previous paper. In this paper similar procedures were applied to 1TC(T) specimens of stainless steel. The combined hardening rule was applied for the constitution law of stress-strain curve. The numerical simulation with the combined rule traced the load-load line displacement curve under the cyclic loading experiments of 1TC(T). Also austenitic stainless fatigue crack growth rate (FCGR) in air condition from the JSME rules on FFS bounded the experimental crack growth rate, which means the FCGR of the JSME rules is applicable to fatigue crack growth calculation.
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Dongxu, Liu, Xu Dongling, Zhang Shuhui, and Hu Xiaoying. "A Quantitative Approach for Reliability Evaluation of Safety I&C Systems in Nuclear Power Plants." In 2017 25th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/icone25-66483.
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The probability that the safety I&C system fails to actuate or advertently actuates RT or ESF functions, in part, essentially determines whether a nuclear power plant could operate safely and efficiently. Since more conservative assumptions and simplifications are introduced during the analysis, this paper achieves solid results by performing the modeling and calculation based on a relatively simple approach, the reliability block diagram (RBD) method. A typical safety I&C platform structure is involved in the model presented in this paper. From the perspective of conservation and simplicity, some assumptions are adopted in this paper. A group of formulas is derived in this paper based on Boolean algebra, probability theory, basic reliability concepts and equations, to facilitate the calculations of probabilities that the safety I&C system fails to actuate or advertently actuates RT or ESF functions. All the inputs of the analysis and calculation in this paper, which includes the I&C platform structure, the constitution of the hardware modules, and reliability data, are referenced to the nuclear power plant universal database where applicable. Although the conclusion drawn in the paper doesn’t apply to the I&C platform assessment for a specific plant, the method of modeling and process of analysis provides an illustration of an alternative quantitative reliability assessment approach for a typical safety I&C system installed in the nuclear power plant.
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de Castro, Larissa Leão, and Terezinha de Camargo Viana. "THE PSYCHOANALYTIC THOUGHT OF HÉLIO PELLEGRINO (1924-1988): INITIAL REFLECTIONS." In International Psychological Applications Conference and Trends. inScience Press, 2021. http://dx.doi.org/10.36315/2021inpact068.
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"This theoretical study is part of a doctoral thesis and aims to investigate how the psychoanalytic thinking of Hélio Pellegrino - the Brazilian psychoanalyst, poet and writer - is structured and its ethical and political implications in the formation of psychoanalysis. We note the importance of thematic research, since there is no scientific publication that has as its object of study a systematic analysis of the author's psychoanalytic production. Furthermore, investigations of this kind contribute to the establishment of a reference bibliography on psychoanalysis in Brazil. That said, this research was developed and completed through a study of a large part of his psychoanalytic production, which is under the custody of the personal archives of the Museum of Brazilian Literature, at the Casa Rui Barbosa Foundation (FCRB). In this work, we outline some elements of the analysis found in his work, whose focus is on reflecting on the epistemological, conceptual and practical foundations of psychoanalytic theory. It has, as a constant concern, the analysis of the problems that structure Brazilian society, observed through his own reading of the Oedipus complex, the constitution of subjectivity and the social pact, in general, and in Brazil, in particular. As such, he discusses the explicit commitment of psychoanalysis in transforming the serious social problems faced by Brazil, which are related to the serious structural problems of international capitalism, and which are also reflected in the problems of the development of psychoanalytic institutions around the world."
Reports on the topic "Constitutional references"
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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 burden. The selected timeline overlaps with the formation of five of six constitutions adopted in the State of Alabama, including 1861, 1865, 1868, 1875, and 1901. Having these years as the focal point makes for an especially meaningful case study, given how much these constitutional formations made the state a site for much political debate. These data contain 5,121 pages of periodicals from newspapers throughout the state, including: Alabama Sentinel, Alabama State Intelligencer, Alabama State Journal, Athens Herald, Daily Alabama Journal, Daily Confederation, Elyton Herald, Mobile Daily Tribune, Mobile Tribune, Mobile Weekly Tribune, Morning Herald, Nationalist, New Era, Observer, Tuscaloosa Observer, Tuskegee News, Universalist Herald, and Wilcox News and Pacificator. The contemporary relevance of these historical debates manifests in Alabama’s current constitution which was adopted in 1901. This constitution departs from well-established conventions of treating the document as a legal framework that specifies a general role of governance but is firm enough to protect the civil rights and liberties of the population. Instead, it stands more as a legislative document, or procedural straightjacket, that preempts through statutory material what regulatory action is possible by the state. These barriers included a refusal to establish a state board of education and enact a tax structure for local education in addition to debt and tax limitations that constrained government capacity more broadly. Prohibitive features like these are among the reasons that, by 2020, the 1901 Constitution has been amended nearly 1,000 times since its adoption. However, similar procedural barriers have been duplicated across the U.S. since (e.g., California’s Proposition 13 of 1978). Reference: Schumpeter, Joseph. [1918] 1991. “The Crisis of the Tax State.” Pp. 99-140 in The Economics and Sociology of Capitalism, edited by Richard Swedberg. Princeton University Press.