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Journal articles on the topic 'Constitutional studies'

Author: Grafiati

Published: 25 May 2024

Last updated: 31 July 2025

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1

de Raadt, Jasper. "Contested Constitutions." East European Politics and Societies: and Cultures 23, no. 3 (2009): 315–38. http://dx.doi.org/10.1177/0888325409333192.

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What were the effects of constitution-making procedures on the acceptance of the new “rules of the political game” in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular involvement in constitution-making processes enhance a constitution's legitimacy. The concept of constitutional conflict, referring to political contestation over the interpretation and application of constitutional relations among state institutions, is introduced as a way to assess constitutional acce

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Kaplan Arık, Aslıhan. "Anayasa Değiştirme İktidarının Kötüye Kullanılmasını Önlemeye Yönelik Anayasa Değişikliği Usulünün Farklılaştırılması." International Journal of Social Sciences 7, no. 28 (2023): 280–92. http://dx.doi.org/10.52096/usbd.7.28.20.

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Constitution-making powers impose limitations on their power to amend the constitution in the constitutional texts they prepare. These limits are intended to prevent the differentiation or abolition of the basic philosophy of the constitution and the constitutional order established by the power to make the constitution. These limits, which are brought in order to prevent the constitutional amendment powers from making changes other than their purpose, are realized by further protecting the principles and values that are given special value in the constitutions of some countries and that const

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Yu, Wenjun, Mingyue Ma, Xuemei Chen, et al. "Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study." American Journal of Chinese Medicine 45, no. 01 (2017): 1–12. http://dx.doi.org/10.1142/s0192415x1750001x.

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Traditional Chinese medicine (TCM), Japanese–Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are

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

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

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

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

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Dale, Elizabeth. "Law and History: The Garden and the Wilderness as Constitutional History." Church History 79, no. 4 (2010): 881–86. http://dx.doi.org/10.1017/s0009640710001083.

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In history, perspective is everything. Given that, I should make it clear from the start that I approached Mark deWolfe Howe's history of the First Amendment and church–state relations as a historian who studies constitutions and constitution-making, and more specifically as a historian of constitutions who has written about how and why we do constitutional history. Viewing it from that perspective, I must admit I have mixed feelings about this book.

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Qu, Qi, Rui Jiang, Feng Luo, Shuanglin Mou, Zheng Zhang, and Wensheng Zhu. "The correlation between traditional Chinese medicine constitution and primary osteoporosis: A systematic review and meta-analysis." Medicine 103, no. 37 (2024): e39560. http://dx.doi.org/10.1097/md.0000000000039560.

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Background: In recent years, as societal awareness of the risks associated with primary osteoporosis (POP) has deepened, numerous studies have explored the relationship between POP and Traditional Chinese Medicine (TCM) constitution types. To further clarify the TCM constitution types closely associated with POP and provide evidence-based medical support for the prevention and treatment of osteoporosis from a TCM perspective, we have employed evidence-based methods to investigate the relationship between POP and TCM constitution types. Methods: We conducted a comprehensive search of observatio

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Рудман, Марк Наумович, and Артур Разимович Туриянов. "FORMATION OF A PARLIAMENTARY MODEL OF CONSTITUTIONAL CONTROL IN THE BASIC LAWS OF THE USSR OF 1924 AND 1936." Rule-of-law state: theory and practice 18, no. 4(70) (2023): 12–22. http://dx.doi.org/10.33184/pravgos-2022.4.2.

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The article studies the features of fixing the legal mechanism of constitutional control in the first two constitutions of the USSR. The analysis is based on the study ofthe approaches taken by wellknown legal scholars during the drafting of these constitutional acts, as well as the views of modern Russian constitutionalists on the essence and national specificity of the implementation ofthe ideas of constitutional control as an integral part of thesystem of constitutional governance. On the basis of a comparative legal analysis, the article reveals the evolution of the mechanism of constituti

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

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

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Aikyo, Koji. "The British Constitution in Japanese Constitutional Studies." King's Law Journal 26, no. 2 (2015): 213–28. http://dx.doi.org/10.1080/09615768.2015.1072983.

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Ray, Clyde. "John Marshall, Marbury v. Madison, and the Construction of Constitutional Legitimacy." Law, Culture and the Humanities 15, no. 1 (2016): 205–26. http://dx.doi.org/10.1177/1743872116650867.

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This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall’s opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet mo

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Tripathi, Neha, and Anubhav Kumar. "The Constitutional Struggle for Religious Freedom: A Comparative Study of India and Indonesia." Constitutional Review 8, no. 1 (2022): 1. http://dx.doi.org/10.31078/consrev811.

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Constitutions tend to regulate the relationship between religious and state authorities. Before the rise of the modern state, it was difficult to make proper distinctions between law, religion and morality. With the emergence of Western liberalism, the concept of democracy and secularism gained newfound attention, becoming ingrained and in tune with modern constitutional frameworks. Establishing the relationship between state and religion is a thorny issue for constitution-makers. Opponents of constitutional recognition of religion view religion as a private matter, relating to personal belief

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Borbor, Dariush. "A Comparative Overview of the Iranian Constitutions of 1906-07 and 1979." Iran and the Caucasus 10, no. 2 (2006): 263–86. http://dx.doi.org/10.1163/157338406780345943.

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AbstractThe history and the essential and important articles of the constitutional laws of Iran and its immediate neighbours are elucidated and compared. The article includes an analytical comparison of the 1906-07 and 1979 Constitutions of Iran. A brief analytical synoptic overview of world constitutions is also presented in order to obtain a balanced view of the process of constitutionalism and popular suffrage for men and women.In 1979, the Islamic Republic of Iran became the first country in the world to include a declaration for the preservation of the environment in its Constitution.Havi

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Butt, Simon. "CONSTITUTIONAL RECOGNITION OF “BELIEFS” IN INDONESIA." Journal of Law and Religion 35, no. 3 (2020): 450–73. http://dx.doi.org/10.1017/jlr.2020.39.

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AbstractConstitutionally, Indonesia is a state “based on Almighty God,” but the Constitution does not specify any religions or belief systems. This is left to statute, which establishes six official religions that the state supports and helps administer: Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism. But Indonesia is home to a rich kaleidoscope of other beliefs (kepercayaan), ranging from indigenous practices predating the arrival of many of the official religions to new age spiritual movements. The constitutional status of these beliefs is contentious, and their foll

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Chandranegara, Ibnu Sina. "Architecture of Indonesia's Checks and Balances." Constitutional Review 2, no. 2 (2017): 270. http://dx.doi.org/10.31078/consrev226.

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Research on "checks and balances" in legal studies often raises high quality questions such as, is the checks and balances a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History has been recorded that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture. This study used using le

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Martinborough, Alex. "Debating Settler Constitutionalism: Consent, Consultation, and Writing a Transatlantic Debate, 1822–1828." Canadian Historical Review 102, no. 1 (2021): 27–52. http://dx.doi.org/10.3138/chr-2019-0018.

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In 1822, Robert Wilmot, the undersecretary of state for the colonies, introduced a bill to unite Upper and Lower Canada in the British House of Commons. In doing so, he was proposing not just an intercolonial union but a new constitution. He believed that because the Canadas’ constitution was granted by an Act of Parliament in 1791 it could be changed by Parliament without colonial consultation or consent. Whig parliamentarians and colonists contested this interpretation and raised questions about consent and the status of colonial constitutions. These debates in the 1820s reveal just how mudd

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

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

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Klochkova, S. V., I. V. Pogonchenkova, E. A. Rozhkova, N. T. Alexeeva, D. B. Nikityuk, and A. G. Kvaratskheliya. "Features of the Fat Component of the Body of Girls Depending on the Constitutional Specifics." Journal of Anatomy and Histopathology 7, no. 2 (2018): 34–38. http://dx.doi.org/10.18499/2225-7357-2018-7-2-34-38.

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The aim of the study is to obtain quantitative data on the absolute and relative content of the body fat component in girls of different constitutional groups living in the Moscow region. Material and methods. The content of body fat in 722 girls, students, residents of Moscow and Moscow region, representatives of the Slavic ethnos was determined by the method of bioimpedance measurements. Thickness of subcutaneous fat folds was determined by the method of caliperometry. The result of the anthropometric survey identified the presence of asthenic, stenoplastic somatotype (leptosomic constitutio

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Jabeen, Shagufta, and Wasima Shehzad. "Interface Between National Ideologies and the Constitution of Pakistan." International Journal of English Linguistics 8, no. 5 (2018): 106. http://dx.doi.org/10.5539/ijel.v8n5p106.

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Language of State Constitutions has mainly been studied from generic, linguistic, stylistic, and discursive perspectives, however, analyzing the same from ideological view point hasn’t caught the eye or preference of most studies in general and in Pakistan in particular. The paper, with democratic concerns, concentrates on analyzing the presence of ideologies in the Constitution of Pakistan. It is exploratory in nature and analyzes genre of the Constitution of Pakistan (1973) to find out to what extent the constitution is loaded with ideological concepts and that what are the foci of such ideo

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Tarzi, Amin. "Islam and Constitutionalism in Afghanistan." Journal of Persianate Studies 5, no. 2 (2012): 205–43. http://dx.doi.org/10.1163/18747167-12341244.

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Abstract A constitution is adopted to regulate the relationship between political authorities and the people in a society. Traditionally, this relationship was very loose in Afghanistan; over time, however, as amirs sought to consolidate political and social authority over their society, the establishment of a constitutional framework became a priority for each new leader. This article chronicles Afghanistan’s state formation and constitutional history, beginning with Amir Dust Mohammad Khan’s state consolidation efforts in 1838, and considering all of the constitutions of the country beginnin

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Favoreu, Louise. "La justice constitutionnelle en France." Les Cahiers de droit 26, no. 2 (2005): 299–337. http://dx.doi.org/10.7202/042667ar.

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The 1958 Constitution provided France with a constitutionally based system of justice and although this had been contrary to French traditions — and consequently apprehended at that time — the system has progressively developed and become one of the main elements of the French constitutional regime and at the same time, one of its most dynamic and appreciated components. This article presents the French Constitutional Council: its status, composition and operations. It maps out areas in which this body has had to intervene and, above all, it analyses the jurisprudence of the Council and notes

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Yarar, Murat. "Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status." Право и политика, no. 4 (April 2025): 16–28. https://doi.org/10.7256/2454-0706.2025.4.74045.

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This article conducts a comparative analysis of the fundamental rights and freedoms defined in the constitutions of Central Asian countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and assesses the state of these guarantees in practice in light of reports from international human rights organizations. The research is based on two main sources: the report "Freedom in the World 2025" published by Freedom House and the "Human Rights Reports 2024" by Amnesty International. Although rights are usually defined broadly in constitutions, under authoritarian regimes, these rig

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Li, Ling, and Wenzhang Zhou. "Governing the “Constitutional Vacuum” – Federalism, Rule of Law, and Politburo Politics in China." China Law and Society Review 4, no. 1 (2019): 1–40. http://dx.doi.org/10.1163/25427466-00401001.

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By focusing on the underlit corners of authoritarian governance in China, this article challenges the thesis that constitutions matter to authoritarian regimes because they provide solutions for problems of governance. We argue to the contrary: the constitution appeals to the Chinese Communist Party (the Party or the ccp) because it does not provide solutions to fundamental issues of governance. Instead, such issues are kept out of the constitution so that they can be addressed by the Party through other regulatory mechanisms outside of the constitutional realm. In support of our thesis, we pr

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Dawson, Mark, and Daniel J. Young. "Presidential Tenure and Constitutional Provisions: Recent Evidence from Central Africa." Africa Spectrum 55, no. 3 (2020): 272–90. http://dx.doi.org/10.1177/0002039720980457.

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Constitutions around Africa have been repeatedly tested on the issue of presidential term limits. We explore the four most recent cases of African presidents facing the end of their constitutionally mandated limit, all of which developed in Central Africa. Burundi, Rwanda, the Republic of Congo, and the Democratic Republic of Congo all adopted constitutions limiting presidential tenure to two terms; yet, in 2015, when these limits were approaching, none of the sitting presidents simply stood down. Our analysis focuses on the constitutional provisions meant to protect the two-term limit, the st

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Artola, Miguel. "Constitution and chart as constitutional patterns." Revista de História das Ideias 9, Tomo III (1987): 869–77. http://dx.doi.org/10.14195/2183-8925_9-3_11.

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Ponkin, I. V. "To the question of the necessary constitutional design for Russia of its public order and power." Voprosy kul'turologii (Issues of Cultural Studies), no. 9 (September 30, 2022): 758–67. http://dx.doi.org/10.33920/nik-01-2209-05.

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The article is devoted to the issues of due measure in the constitutional design of the structure of the Russian state. The article deals with the issues of the sovereignty of the definition of the constitutional order and the meaning of the mention of the word “God” in the Constitution.

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Vorster, Nico. "A Theological Evaluation of the South African Constitutional Value of Human Dignity." Journal of Reformed Theology 1, no. 3 (2007): 320–39. http://dx.doi.org/10.1163/156973107x251003.

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AbstractOne of the key objectives of the South African constitution is to create a sovereign democratic state founded upon human dignity. The South African Constitutional Court relies mainly on the classical, liberal view of human dignity to give judicial content to the constitutional value of human dignity. This article compares the South African constitutional concept of human dignity with a Reformed-Christian perspective. It identifies shortcomings in the South African constitutional understanding of human dignity, and indicates how a Christian perspective on human dignity offers a more phi

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Yusuf, Fakhri, T. Murdani, Fairus Fairus, et al. "Wasatiyyah Da’wah and Religious Freedom in Malaysia: A Constitutional Perspective." Jurnal Ilmiah Peuradeun 13, no. 2 (2025): 1527–48. https://doi.org/10.26811/peuradeun.v13i2.1452.

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This article examines the constitutional legitimacy and practical implications of Wasatiyyah da’wah—an Islamic propagation model rooted in the principle of moderation—in Malaysia’s plural legal and religious context. While the Federal Constitution recognizes Islam as the religion of the Federation (Article 3(1)), it also guarantees religious freedom (Article 11), creating a legal space that necessitates careful interpretation and application. This study uses a normative legal methodology to analyze constitutional texts, statutory instruments, and judicial decisions through systematic, teleolog

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Green, M. Christian. "Religious and Legal Pluralism in Recent African Constitutional Reform." Journal of Law and Religion 28, no. 2 (2013): 401–39. http://dx.doi.org/10.1017/s0748081400000096.

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Something unexpected has been happening in Africa—and not just Northern Africa, the locus of democratic revolutions since January 2011, when a winter's discontent produced an early Arab Spring. Over the last several years, several sub-Saharan African nations have held democratic elections, produced new constitutions, and even partitioned themselves in relative peace, despite the often dire predictions of foreign governments, media, and election-monitoring organizations.In many cases, the constitution and reconstitution of these states has been accomplished by means of the referendum vote—somet

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Kustra-Rogatka, Aleksandra. "Kontekst jest wszystkim. O trudnej sztuce komparatystyki „europejskiego” orzecznictwa sądów konstytucyjnych." Przegląd Konstytucyjny, no. 3 (2022) (October 31, 2022): 45–73. http://dx.doi.org/10.4467/25442031pko.22.021.16386.

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Context is Everything. On the Difficult Art of “European” Comparative Studies Jurisprudence of Constitutional Courts Comparative research of the case-law of constitutional courts concerning the membership of a given state in the EU (referred to in the article as “European” case-law of constitutional courts) requires taking into account various contexts in which this case-law is involved. The aim of this article is to indicate and analyze the most important of them, namely: the systemic context, the temporal context, the political context (including related problem of the politicization of the

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Amangeldy, Aizhan Amangeldykyzy. "INTERACTION OF CONSTITUTIONAL LAW AND INTELLECTUAL PROPERTY RIGHTS IN THE REPUBLIC OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no. 78 (2024): 34–41. http://dx.doi.org/10.52026/2788-5291_2024_78_3_34.

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The article is devoted to the interaction of intellectual property law with the constitutional law of the Republic of Kazakhstan (hereinafter - RK). The Constitution of the Republic of Kazakhstan proclaims freedom of work and profession, as well as freedom of choice of creativity. Paragraph 1 of Article 20 of the Constitution of the Republic of Kazakhstan states that freedom of creativity is guaranteed. Currently, the scientific research of Kazakhstani scientists does not pay enough attention to the freedom of creativity. The analysis of materials and documents of the Constitutional Court of t

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Hirschl, R. "From comparative constitutional law to comparative constitutional studies." International Journal of Constitutional Law 11, no. 1 (2013): 1–12. http://dx.doi.org/10.1093/icon/mos057.

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Nawas, Abu. "The Position and Authority of the Constitutional Court As Actors of Judicial Power." IBLAM LAW REVIEW 1, no. 2 (2021): 157–68. http://dx.doi.org/10.52249/ilr.v1i2.32.

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The paradigm regarding the structure of state institutions underwent drastic changes since the constitutional reform from 1999 to 2002. For various reasons and needs, new state institutions were formed, although some institutions were abolished. One of the institutions formed is the Constitutional Court. The Constitutional Court is designed to be a guard and at the same time an interpreter of the Constitution through its decisions. In carrying out its constitutional duties, the Constitutional Court seeks to realize its institutional vision, namely the establishment of the constitution in the c

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Zhukov, N. N. "Constitutional transition to democracy in Spain." Cuadernos Iberoamericanos 9, no. 2 (2021): 96–109. http://dx.doi.org/10.46272/2409-3416-2021-9-2-96-109.

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In this article the author analyses formation of the country's constitutional legislation system. In the 20th century Spain experienced three different periods: the years of the Second Republic in 1931-1939, the Franco's dictatorship of 1939-1975 and the period of transition to democracy or, as it is called ‘constitutional transit' of 1975-1980, when the basic laws and regulations of democratic Spain were adopted. Each of these periods corresponded with fundamentally different lawmaking processes, based on different legal judicial norms that were strongly influenced by the peculiarities of the

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Petersen, Niels, and Konstantin Chatziathanasiou. "Empirical research in comparative constitutional law: The cool kid on the block or all smoke and mirrors?" Sravnitel noe konstitucionnoe obozrenie 32, no. 2 (2023): 124–56. https://doi.org/10.21128/1812-7126-2023-2-124-156.

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In recent years, we could observe an explosion of empirical research in the field of comparative constitutional law. This contribution seeks to evaluate the current state of affairs. It consists of four parts. The first part provides a basic introduction to quantitative empirical legal research. It identifies certain methodological challenges and discusses how to address them. The second part analyzes the literature on the institutional design choices that are made in constitutions. There is research both on the consequences of design choices and on the reasons why specific design features wer

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Wawrzyniak, Jan. "Prawo europejskie a polska tożsamość konstytucyjna (aspekty prawno-polityczne)." Przegląd Konstytucyjny, no. 3 (2023) (September 2023): 25–42. http://dx.doi.org/10.4467/25442031pko.23.024.18743.

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The article’s research aims to answer whether constitutional identity (as well as numerous doctrinal studies concerning constitutional identity) may substantially help solve problems regarding the relationship between European law and national law. The article discusses the hypothesis that the identity and the studies multiply doubts and uncertainty rather than answer the pragmatic questions in constitutional law. The author deals with identity as a social construct and convention created by academics and constitutional courts. Identity belongs primarily to the dictionary of academic language.

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Krishnan, Anupama S., and K. K. Kailash. "Generations of Constitutional Studies." Studies in Indian Politics 9, no. 1 (2021): 124–31. http://dx.doi.org/10.1177/2321023021999240.

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Salter, Alexander, and Glenn Furton. "Emergent politics and constitutional drift: the fragility of procedural liberalism." Journal of Entrepreneurship and Public Policy 7, no. 1 (2018): 34–50. http://dx.doi.org/10.1108/jepp-d-17-00016.

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Purpose The purpose of this paper is to integrate classical elite theory into theories of constitutional bargains. Design/methodology/approach Qualitative methods/surveys/case studies. Findings Open-ended constitutional entrepreneurship cannot be forestalled. Constitutional entrepreneurs will almost always be social elites. Research limitations/implications The research yields a toolkit for analysing constitutional bargains. It needs to be used in historical settings to acquire greater empirical content. Need to be applied to concrete historical cases to do economic history. Right now it is st

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Nelson, Matthew J., Aslı Bâli, David Mednicoff, and Hanna Lerner. "From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing." Law & Social Inquiry 45, no. 4 (2020): 935–64. http://dx.doi.org/10.1017/lsi.2019.75.

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AbstractConstitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and lega

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Pérez-Liñán, Aníbal, and Andrea Castagnola. "Judicial Instability and Endogenous Constitutional Change: Lessons from Latin America." British Journal of Political Science 46, no. 2 (2014): 395–416. http://dx.doi.org/10.1017/s0007123414000295.

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Legal scholars frequently advocate institutional reforms to modernize the judiciary and promote judicial independence. However, constitutional reforms also offer an opportunity for politicians to reshuffle the high courts. The negative consequences of constitutional change for judicial stability are explored using an original database of Supreme Court and Constitutional Tribunal members in eighteen Latin American countries between 1904 and 2010. Because unobserved factors potentially explain constitutional replacement as well as judicial turnover, a two-stage event-history model has been emplo

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Hing, Vandanet. "The Contemporary Cambodian Constitutional Enforcement." Journal of Southeast Asian Human Rights 3, no. 1 (2019): 39. http://dx.doi.org/10.19184/jseahr.v3i1.8406.

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Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of c

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Mathews, Jud. "Günter Frankenberg’s Comparative Constitutional Studies: Between Magic and Deceit." German Law Journal 21, no. 2 (2020): 299–303. http://dx.doi.org/10.1017/glj.2020.5.

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AbstractConstitutions traffic in magic and deceit, argues Günter Frankenberg, promising freedom and democracy even as they underwrite the exercise of coercive power on a massive scale. Scholars should approach constitutions with a healthy skepticism, but, Frankenberg contends, most mainstream scholars are too credulous, especially regarding the claims of liberal constitutionalism. Comparative Constitutional Studies serves as his corrective to the perceived blind spots and predilections of mainstream comparative constitutional scholarship, and it gives attention to little-known constitutions, f

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Suhariyanto, Didik. "Protection of Citizens' Constitutional Rights From The Authority of The President In Indonesia." Eduvest - Journal of Universal Studies 2, no. 12 (2022): 2684–90. http://dx.doi.org/10.59188/eduvest.v2i12.692.

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The constitutional rights of Indonesian citizens have been regulated in the 1945 Constitution, that constitutional rights are the rights of citizens which include the right to live, the right to have a family and continue offspring, the right to self-development, the right to obtain justice and access to the same law, the right to personal freedom, the right to feel safe, the right to welfare, the right to participate in government, women's rights and children's rights. One of the efforts to safeguard the rights of citizens that have been protected by the 1945 Constitution of the Republic of I

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Fernando, Joseph M. "The Position of Islam in the Constitution of Malaysia." Journal of Southeast Asian Studies 37, no. 2 (2006): 249–66. http://dx.doi.org/10.1017/s0022463406000543.

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The Federal Constitution of Malaysia states that Islam is the religion of the Federation. This provision in Article 3(1), inserted in 1957 when the independence constitution was framed, has drawn considerable scholarly attention in recent years. Most of the studies, however, have not been able to consult the primary constitutional documents. Invariably, many have given varied and ambiguous interpretations of the provision. This article examines the primary constitutional documents and constitutional debates between 1956 and 1957 to trace the origin of Article 3(1) and to determine the intentio

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Jackiewicz, Andrzej. "Article 93 as a European clause in the Spanish Constitution." Eastern European Journal of Transnational Relations 7, no. 2 (2023): 17–26. http://dx.doi.org/10.15290/eejtr.2023.07.02.02.

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The purpose of this article is to answer the question of the legal nature of the European clause contained in the Spanish Constitution. The article examines how it has influenced the process of European integration and the constitutional order in that country. This has been done by analysing the provisions of the Spanish Constitution and the jurisprudence of the Constitutional Tribunal using Spanish constitutional law studies. In the author's opinion, the rather general and open European clause, although it required the jurisprudential activity of the Constitutional Tribunal, proved to be quit

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Putra, Agung Pratama, Sugianto Sugianto, and Mohamad Rana. "Constitutional Theory and Practice: Connecting Legal Philosophy with Legal Reality." JURNAL HUKUM SEHASEN 10, no. 2 (2024): 531–34. https://doi.org/10.37676/jhs.v10i2.6876.

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This article explores the relationship between legal theory and constitutional practice, focusing on how the principles of legal philosophy are applied in a constitutional context. The constitution not only serves as the supreme legal framework within a country, but it also reflects its underlying values and philosophies. This article examines how various legal theories, including legal positivism, natural law, and critical legal studies, affect the interpretation and application of the constitution. Through this analysis, this article aims to bridge the understanding between legal theory and

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Tymchenko, Leonid. "International Legal Norms in the System of the Ukrainian Constitution." Baltic Yearbook of International Law Online 15, no. 1 (2016): 181–90. http://dx.doi.org/10.1163/22115897-90000065b.

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This article studies influence of international legal norms on the Ukrainian Constitution. Special attention is given to the provisions of Article 9 of the Constitution which regulates the implementation of international treaties in the legal system of Ukraine. The creation and main directions of activity of the Constitutional Assembly are analyzed. The author arrived at the conclusion that the main drawback of the current Constitution is the declarative nature of some constitutional provisions.

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Minko, N. "Methodology of comprehensive constitutional and legal assessment of the eurasian integration development of belarus." Vestnik of Polotsk State University. Part D. Economic and legal sciences 1, no. 5 (2022): 109–14. http://dx.doi.org/10.52928/2070-1632-2022-60-5-109-114.

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The article presents the methodology of a comprehensive constitutional and legal assessment of the Eurasian integration development of Belarus. It is noted that the achievements of legal comparative studies, systemology, synergetics, axiology, socio-legal approach, risk-oriented approach, methods of legal modeling and forecasting can be used in conjunction with methods of identifying constitutional and legal meaning, interpretation of the provisions of the Constitution. The key aspect in the study is to take into account the methods of constitutional and legal regulation - appeal to constituti

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de Costa, Ravi. "Unfinished Constitutional Business: Rethinking Indigenous Self-Determination." Canadian Journal of Political Science 39, no. 4 (2006): 962–63. http://dx.doi.org/10.1017/s0008423906309961.

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Unfinished Constitutional Business: Rethinking Indigenous Self-Determination, Barbara A. Hocking, ed., Canberra: Aboriginal Studies Press, 2005, pp. 293.In the introduction to this collection of papers from a 2001 conference in Brisbane, Australia, the editor asks, “can indigenous peoples' experiences of colonisation reshape our constitutional language?” (xv). The contributions to the book reflect the breadth of indigenous experiences as well as the range of ways that many nation-states will have to revisit their constitutions in order to satisfy the goal of decolonization/self-determination.

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Jun Mawalidin. "KONSISTENSI KONSTITUSI INDONESIA DALAM PELAKSANAAN JUDICIAL REVIEW UNDANG-UNDANG." Politica: Jurnal Hukum Tata Negara dan Politik Islam 8, no. 1 (2021): 43–63. http://dx.doi.org/10.32505/politica.v8i1.3073.

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The author in the observation of research studies on the constitusional court in Indonesia runs on the basis of government regulations and the 1945 constitution. The constitutional court, which was established since 2003, has proven its usefulnes and role in safeguarding the constitution and state ideology. All efforts and Ijtihad carried out by MK are solely for the sake of upholding social justice for all Indonesian people. The birth of the Indonesian constitution began during the independence period complied by the preparatory body for Indonesia’s independence efforts (BPUPKI). The existenc

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