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Journal articles on the topic 'People (Constitutional law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Choudhry, Sujit, and Mark Tushnet. "Participatory constitution-making: Introduction." International Journal of Constitutional Law 18, no. 1 (2020): 173–78. http://dx.doi.org/10.1093/icon/moaa014.

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Abstract At least since the late eighteenth century, constitutions have been understood as emanations of the will of “the People,” as the ultimate expression of an inherent popular sovereignty. In the form of theories of constituent power, accounts of constitutional foundations blended notional or conceptual “descriptions” of the People, which anchored the political legitimacy of constitutional orders in the idea of hypothetical consent, with empirical claims that the nation’s actual people were represented in constitution-making processes through elected delegates and thereby were the authors

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Pernice, Ingolf. "European v. National Constitutions." European Constitutional Law Review 1, no. 1 (2004): 99–103. http://dx.doi.org/10.1017/s1574019605000994.

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In federal systems public authority is established by the people and exercised for the people at two levels. The treaties establishing the European Union may be conceptualised as the constitution of a supranational public authority, part of a federal system. And what the European Convention has submitted to the European Council to agree upon is an attempt to give this constitution a more coherent, more complete and more appealing form. The new ‘Constitution for Europe’ will be concluded, formally, by an international treaty. But governments and national parliaments will do this on behalf of th

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Nataliya, Batanova. "Functions of constitutional and legal responsibility: methodological problems of research." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 210–21. http://dx.doi.org/10.33663/0869-2491-2020-31-210-221.

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The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in

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Batanova, Nataliia. "Functions of constitutional and legal responsibility: problems of conceptualisations." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 100–104. http://dx.doi.org/10.36695/2219-5521.1.2020.18.

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The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this categor

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Aqbil Daffa Siahaan and Sasmi Nelwati. "Konstitusi dan Implikasi UUD 1945 dalam Era Modern." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 3 (2024): 129–37. http://dx.doi.org/10.59059/mandub.v2i3.1363.

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Constitution comes from the English Contitution, or the Dutch Contitute, which means basic law. The meaning of constitution in constitutional practice can generally mean that first it is broader than basic law because the meaning of basic law only includes written constitutions in cases still there is an unwritten constitution that is not included in the constitution. Both have the same meaning as the constitution because they only contain written rules. The role of the constitution and the 1945 Constitution in the context of the modern era. The constitution is a document that regulates the st

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Sumadi, Ahmad Fadlil. "MAHKAMAH KONSTITUSI DAN KONTRAK OUTSOURCING." Jurnal Konstitusi 9, no. 1 (2016): 1. http://dx.doi.org/10.31078/jk911.

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The Amendment of the 1945 Constitution of the Republic of Indonesia has made the sovereignty still retained by the people, no more represented and fully held by the People’s Consultative Assembly like when the constitutional system of Indonesia was still embracing supremacy of parliament. In the constitutional perspective, the standing and relation between the state and people is becoming more obvious. Hence, in the case that constitutional dispute happened, there should have been an adjudication forum for solving the dispute. Therefore, Contitutional Court Of the Republic of Indonesia is esta

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Diantika Chayani and Arif Wibowo. "The Role Of The Constitutional Court In Realizing A Democratic Law State Through State Administration In Indonesia." JUSTICES: Journal of Law 2, no. 3 (2023): 132–41. http://dx.doi.org/10.58355/justices.v2i3.47.

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The Constitutional Court was formed to guarantee the constitution as the highest law so that it can be upheld. The position of the Constitutional Court in the Indonesian constitutional system is as a state institution that carries out a judicial function in the competence of the object of constitutional cases. The existence of the Constitutional Court as guardian of the existing constitution in Indonesia is to strengthen the foundations of constitutionalism in the 1945 constitution with the aim of upholding law and justice. The main authority of the Constitutional Court is to review laws again

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Al-Shukri, Dr Ali Youssef. "The President of the Republic in Iraq." Journal of Jurisprudence Faculty 1, no. 4 (2007): 111–35. https://doi.org/10.36324/fqhj.vi4.8377.

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Since the fall of the monarchy in Iraq in 1958, interim constitutions have been issued in succession, followed by dictatorships leading military coups and ruling the executive authority, each claiming that it came to save the nation from the woes of a defunct regime. These constitutions were crowned by the 1970 interim constitution, which remained in effect until the fall of Saddam Hussein's regime in 2003. This stage was followed by the issuance of the Law of Administration for the Transitional Period, and this law interpreted the phrase (transitional period) as the stage required to draft a

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Т., Азжаргал. "МОНГОЛ УЛСЫН ҮНДСЭН ХУУЛЬ НИЙТИЙН ЭРХ ЗҮЙН1 ХЭМ ХЭМЖЭЭНИЙ ҮНДСЭН ЭХ СУРВАЛЖ2 БОЛОХ НЬ". Хууль сахиулахуй 3, № 3, 4 (2025): 136–41. https://doi.org/10.63570/xmqtfz65.

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In the modern world, the concept “Rule of Law” transferred into the concept “Constitutional law”.The law has the final and top validity. The state power is originated from it is people. Government functions arelimited by law. The laws are based on the human rights. Constitutional law is embodied through following concept,as representatives shall obey the Constitution while they execute their legislative powers. Nowadays, the concept“Constitutionalism” must find fulfillment as “Constitutional powers”

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Krisdanar, Vino Devanta Anjas. "Menggagas Constitutional Complaint Dalam Memproteksi Hak Konstitusional Masyarakat Mengenai Kehidupan dan Kebebasan Beragama Di Indonesia." Jurnal Konstitusi 7, no. 3 (2016): 185. http://dx.doi.org/10.31078/jk737.

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Social needed of Indonesia people about Constitutional Complaint is urgent and must be held as an effort to protect constitutional rights of Indonesian people itself. The application of a concept without adaptation of new system to original system will make disorder the original system that has been used in Indonesia Law System. No many changes in adaptation of Constitutional Complaint to law system of Indonesia. The effort to protect constitutional rights of Indonesian people in life and freedom of religion must be selected carefully. Government has a duty to protect the society form deviate

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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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Dobrynin, Nikolaj M. "Constitutional principle of the integrity of public power and further evolution of the municipal governance in Russia: on the way from subsidiarity towards “democratic centralism”?" Gosudarstvo i pravo, no. 5 (2022): 33. http://dx.doi.org/10.31857/s102694520019745-0.

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The paper represents an analysis of the amendments, which were included to the Constitution of the Russian Federation in 2020, considering of the provisions that provide for the principle of integrity of the system of public power, and of the consequences of their adoption in the context of further evolution of local self-government in Russia. It is noted that last years a “vertical” of power was recreated throughout the entire chainline of public administration, and that these processes were constitutionally legitimated by the constitutional amendments of 2020. It is argued the conclusion tha

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Han, Dong Hoon. "French Constitutional Court's control over French finance law." European Constitutional Law Association 41 (April 30, 2023): 331–61. http://dx.doi.org/10.21592/eucj.2023.41.331.

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The French Constitutional Court has reviewed most of the finance laws. The control of the French Constitutional Court can be divided into ⅰ) control under Article 40 of the French Constitution, ⅱ) control of legal regulations unrelated to the purpose of finance laws, ⅲ) control of discussion procedures in parliament, and ⅳ) control of the contents of finance laws. France's current finance laws should not just be an expression of the general will of the people, but also comply with the constitutional order prescribed by the Constitution of the Fifth Republic of France. The attitude of the Frenc

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Muchlis Adnan, Indra. "THE CONCEPTUAL AND HISTORICAL REVIEW OF CONSTITUTIONAL LAW IN INDONESIA." Jurnal Pembaharuan Hukum 10, no. 1 (2023): 43. http://dx.doi.org/10.26532/jph.v10i1.30568.

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This research discusses constitutional law in Indonesia in terms of concept and history. The position of the constitution is an essential element in a state. It is the basic law in running the government of a country, because every legislation refers to the constitution as a reference. This research uses a qualitative descriptive method with the type of research is a library research. This research led to the conclusion that the constitution affirms the very strong position and relationship between the people and the ruler. The concept of the Constitution in Indonesia is based on the 1945 Cons

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Brown, Kate Elizabeth. "Rethinking People v. Croswell: Alexander Hamilton and the Nature and Scope of “Common Law” in the Early Republic." Law and History Review 32, no. 3 (2014): 611–45. http://dx.doi.org/10.1017/s0738248014000248.

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While serving in the New York Assembly in 1787, Alexander Hamilton identified a problematic clause in New York's constitution. Remarking on an act for settling intestate estates, Hamilton asked, “The question is what is meant in the constitution, by this phrase ‘the common law’?” He went on to describe an important distinction in his legal and constitutional thought: These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the [British] constitution, of all those courts which were established by memorial custom, such

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Isrok, Isrok. "CONSITUTIONAL QUESTION (MENYOAL KONSTITUSIONALITAS PASAL TENTANG PENGEMIS KUHP PASAL 504 AYAT (1) DAN (2)." Jurnal Hukum & Pembangunan 40, no. 1 (2010): 113. http://dx.doi.org/10.21143/jhp.vol40.no1.213.

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AbstrakHuman rights, as literated in constitution, described that "every people havethe social rights which is make the people able to develop theirselves totally,as the dignity people ". Besides, it is !iterated in the constitution, which isrelating with the social prosperity, "poors and abandoned children areprotected and cared by nation. The case abaut twelve jakarta's persons whobeing arrested, who give a gift to the beggars coordinators was chased andfive beggar connectors arrested, then been judged are incidents that bringpro and contra in opinion. Judge, as one of four law enforcers, in

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Šarčević, Edin. "Antistate affect: Practical politics and the constitutional law of Bosnia and Herzegovina." Arhiv za pravne i drustvene nauke 118, no. 3 (2023): 11–38. http://dx.doi.org/10.5937/adpn2303011s.

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The central topic of the paper is the problem of political falsification of the Constitutional law of Bosnia and Herzegovina and the role of judicial science in demythologising the constitutionally undefined opinions of practical politics. The author points out the link between normative predictions of the future and the analysis of the contemporary, in other words, the interconnectedness of social realities in which a norm is created with projections of the future. In this relationship, the Constitution of Bosnia and Herzegovina appears as a plan for a future in which those who conceived it p

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Boniak, Valentyna, and Tetyana Tren. "Amending the Fundamental Law of Ukraine and constitutions of some post-soviet countries: comparative and legal aspect." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2021): 31–39. http://dx.doi.org/10.31733/2078-3566-2021-3-31-39.

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The authors have aimed to clarify the common and distinctive features in the constitutional regulation of the procedure for amending the constitutions of Ukraine and some post-Soviet counries. Based on the results of a comparative analysis of the constitutions of Ukraine, the Republic of Belarus, Georgia, the Republic of Estonia and the Republic of Kazakhstan, common and distinctive features of the constitutional regulation of amendments to them have been identified according to the following criteria: 1) initiators of amendments to the Constitution; 2) forms of citizen participation in the pr

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Skidmore, Max J. "Thoughts on Constitutions: Occasioned by a Congress on Iceland’s Democracy." World Affairs 181, no. 1 (2018): 8–21. http://dx.doi.org/10.1177/0043820018775771.

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On June 3, 2017, a “Congress on Iceland’s Democracy” met in Berkeley—an outgrowth of a previous effort in Iceland to “crowd source” a new constitution. The citizens of Iceland had led their parliament to create a new and extraordinarily representative convention consisting of citizens more-or-less chosen randomly from all walks of life. The convention functioned completely in the open and excluded all politicians. The result, approved overwhelmingly in a 2012 national referendum, would truly have been a “constitution of the people.” Despite the approval by huge majorities, in 2013, it failed i

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Suprijatna, Dadang. "CONSTITUTIONAL CONVENTION IN PRACTICE CONSTITUTION IN INDONESIA." DE RECHTSSTAAT 1, no. 1 (2015): 1–10. http://dx.doi.org/10.30997/jhd.v1i1.394.

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ABSTRACT Conventions has the same legal force by law, because it is accepted and executed, even the convention can shift the written laws. Constitution change, one of them can be reached through the convention, because the constitution is open to be evaluated and refined over time through political mechanisms. To make changes and improvements in the constitution can be developed through amendments or changes as stipulated in Article 37 of the Constitution of 1945 can also be done through a constitutional convention. Convention by constitutional law experts recognized as one of the sources of c

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Nur Rahman, Irfan, Anna Triningsih, Alia Harumdani W, and Nallom Kurniawan. "Dasar Pertimbangan Yuridis Kedudukan Hukum (Legal Standing) Kesatuan Masyarakat Hukum Adat dalam Proses Pengujian Undang-Undang di Mahkamah Konstitusi." Jurnal Konstitusi 8, no. 5 (2016): 767. http://dx.doi.org/10.31078/jk856.

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In the context of history and politics, in fact, indigenous people have been there ahead of the country of Indonesia. Protection of customary law community unit to defend their constitutional rights if there are laws that harm their constitutional rights. But there are certain requirements that must be met in order for customary law community unit having legal domicile (legal standing) to file a petition for legislation in the Constitutional Court because not all indigenous people have legal standing in testing the law. This of course has the legal implications on the recognition, respect and

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Lailam, Tanto, Putri Anggia, and Irwansyah Irwansyah. "The Proposal of Constitutional Complaint for the Indonesian Constitutional Court." Jurnal Konstitusi 19, no. 3 (2022): 693. http://dx.doi.org/10.31078/jk1939.

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The research focuses on the proposal of a Constitutional Complaint for the Indonesian Constitutional Court. The background causes of the constitutional weakness to protection and fulfilment of constitutional rights, especially the absence of a Constitutional Complaint mechanism. Research methods used normative legal research methods with statutory, analytical, and case approaches. The study results show that legal thinking, including an embodiment of the values of constitutionalism in the rule of law of Pancasila, complements a checks and balances system, the basis for protecting fundamental r

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Chartrand, Paul L. A. H. "THE HARD CASE OF DEFINING “THE MÉTIS PEOPLE” AND THEIR RIGHTS: A COMMENT ON R. V. POWLEY." Constitutional Forum / Forum constitutionnel 12, no. 1, 2 & 3 (2011): 2002. http://dx.doi.org/10.21991/c98d5g.

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Section 35(2) of the Constitution Act, 1982 refers to “the Métis people” as one of the Aboriginal peoples of Canada whose existing Aboriginal and treaty rights are guaranteed by section 35(1).1 The subsequent First Ministers Conference on Aboriginal Constitutional Reform in the 1980s and the Charlottetown Accord in 1992 proved inadequate to the task of addressing the substantive content of these constitutional provisions. The unenviable task of defining a people and their rights has now fallen to the courts. The challenge facing them is the hard case of Canadian Aboriginal law.

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Preuss, Ondřej. "A DEMOCRATIC STATE GOVERNED BY THE RULE OF LAW – THE CONSTITUTIONAL IDENTITY OF THE CZECH REPUBLIC." Journal of International Legal Communication 2 (September 25, 2021): 51–62. http://dx.doi.org/10.32612/uw.27201643.2021.2.pp.51-62.

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This article aspires to shed more light on the understanding of the notions of the constitutional identity, the material core of a constitution and unamendable elements of a constitution (eternity clauses) and on the concept of essential elements of a democratic state governed by the rule of law as reflected in the practice of the Czech Constitutional Court. The Czech debate is not centred on the use of constitutional identity as a shield protecting local specifics. Quite the opposite. With a certain degree of generalization, we can conclude that the Czech notion of constitutional identity is,

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Larsen, Bárður, and Kári á Rógvi. "A New Faroese Constitution? – Faroe Islands between Parliamentary Sovereignty and Sub-Sovereign Constitutionalism, between Statutory Positivism and Pragmatic Reasoning." Yearbook of Polar Law Online 4, no. 1 (2012): 341–63. http://dx.doi.org/10.1163/22116427-91000097.

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Abstract The Bill for a Faroese Constitution [StjórnarskipanFøroya] submitted to Parliament [Løgtingið] on 6 March 2010, proposes a comprehensive Constitution for the Faroe Islands, for the first in history. This seems left somewhat on the late side, since the Faroes are an ancient polity with similar historic developments to Norway and Iceland, both of which got their full-bodied constitutions as sub-sovereign entities, in 1814 and 1874 respectively. Furthermore, few metropolitan powers should prima facie be more accommodating to sub-sovereign constitutions as Denmark, to whose Crown the Faro

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Abra, Emy Hajar, and Rofi Wahanisa. "The Constitutional Court Ultra Petita as a Protection Form of Economic Rights in Pancasila Justice." Journal of Indonesian Legal Studies 5, no. 1 (2020): 187–224. http://dx.doi.org/10.15294/jils.v5i1.35965.

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Social justice concept has been clearly emphasized at Pancasila (the five fundamental values of Indonesia) as one of common values of Indonesia society. Pancasila also recognized as the philosophical grondslag which makes Pancasila as a reference of all Indonesian citizens and State Action, including in governance. The concept of social justice in Pancasila implies that any natural resource management that has the potential to prosper and affect the Indonesian people as a whole must be controlled by the State as well as used for the greatest prosperity of the people. This paper is intended to

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Mohamed Afify, Ayman, Sam Dalla, and Hamoud Tannar. "Legal Adaptation for the Syrian Constitutional Committee Formed Based on UN Security Council Resolution 2245." Access to Justice in Eastern Europe 7, no. 1 (2023): 1–21. http://dx.doi.org/10.33327/ajee-18-7.1-r000101.

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Background: Presumably, constitution-making is a national process reflecting the state’s sovereignty and people's will. The severity of the conflict in Syria and its danger led the international community to intervene, and in 2015, the Security Council issued Resolution 2254 to settle the conflict. This resolution, in item 4, called for the start of the drafting process of a new Constitution for Syria; hereby, the Constitutional Committee was formed in Geneva in 2019 with the agreement of the conflict parties, the government and the opposition, and the consent of the international community re

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Чиркин, Вениамин, and Vyeniamin CHirkin. "COURT AND OTHER BODIES OF THE CONSTITUTIONAL CONTROL: "PRO" AND "CONTRA" (SUBJECTIVE NOTES)." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 30–35. http://dx.doi.org/10.12737/article_593fc3439fd014.98773314.

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This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the constitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in

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Butler, W. "Five Generations of Russian Constitutions: Russia as Part of the Western Legal Heritage." BRICS Law Journal 6, no. 3 (2019): 13–21. http://dx.doi.org/10.21684/2412-2343-2019-6-3-13-21.

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The paper is devoted to the study of the relationship between the Russian constitutional history and Western legal traditions. The author argues the position according to which the constitutionalism has been a part of Russian legal history for centuries. On one view of Russian legal history, a written constitution remained an aspiration of the Russian people that was only partly realized in 1906. Marxist legal thought contemplated, or predicted, the “withering away of law” after a proletarian Revolution; adopting a constitution seemed counter-intuitive to this projected vector of history. This

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Tierney, Stephen. "The Peoples Last Sigh? Referendums and European Integration." European Public Law 18, Issue 4 (2012): 683–700. http://dx.doi.org/10.54648/euro2012040.

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The proliferation in the use of referendums in processes of accession to and ratification of European Union treaties is part of a growing trend towards direct democracy in constitutional decision-making. This article addresses the challenge which this important and under-theorized feature of contemporary politics poses for constitutionalism, many of the empirical and indeed normative precepts of which are built upon the implicit presupposition of an exclusively representative model of government and law-making. An important question, made more pressing by this development, is whether constitut

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Žalimas, Dainius. "The Doctrine of Supra-Constitutionality and Lithuanian Constitutional Identity." Journal of the University of Latvia. Law 15 (November 16, 2022): 5–17. http://dx.doi.org/10.22364/jull.15.01.

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The aim of this article is to analyse the doctrine of supra-constitutionality, as developed by the Constitutional Court of the Republic of Lithuania, and its impact on the concept of the Lithuanian constitutional identity. The article deals with origins of the doctrine of supra-constitutionality, its content and consequences for the paradigm of constitutional law. This doctrine follows from the fundamental constitutional acts of the State of Lithuania, first and foremost, from the Act of Independence of 16 February 1918. From the standpoint of the current Constitution of 1992, these acts are c

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Kyrychenko, Yuriy, and Viktor Kyrychenko. "Constitutional regulation of the principle of equality of rights and freedoms of man and citizen in Ukraine and the countries of continental Europe: comparative legal analysis." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2021): 7–15. http://dx.doi.org/10.31733/2078-3566-2021-3-7-15.

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The article considers the principle of equality, which is discussed in Part 4 of Art. 13; st.st.21, 24; Part 2 of Art.38; Part 2 of Art.43; Part 1 of Art.51; Part 1 of Art.52; Part 1 of Art.71; Part 2 of Art. 129 of the Constitution of Ukraine and is mentioned in most constitutions of European states, and it is proved that it is not only a principle of constitutional law, but also one of the fundamental principles on which human rights and freedoms are exercised and their place in society and state is determined. It is noted that the terms «equality» and «equality», although used interchangeab

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Młynarska-Sobaczewska, Anna. "Normatywizacja tożsamości zbiorowej w preambułach do konstytucji państw postkomunistycznych." Filozofia Publiczna i Edukacja Demokratyczna 2, no. 2 (2018): 104–33. http://dx.doi.org/10.14746/fped.2013.2.2.18.

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Preambles are parts of constitutions, which are visibly neglected in legal theory and constitutional law. They are defined as solemn introductions to constitutions, which indicate the sovereign, historical and political context of increasing the new constitutional order, main aims and principles – the foundation of constitution. Such elements are also commonly apparent in most of post communist constitutions of European states. The article shows the integrative function of these preambles, achieved by using clauses creating and maintaining the identity of political community. The clauses with

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Saragih, Geofani Milthree. "KEWENANGAN PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUU-XX/2022." Jurnal Hukum Caraka Justitia 2, no. 2 (2023): 129. http://dx.doi.org/10.30588/jhcj.v2i2.1380.

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<p><em>Indonesia is a country that upholds people's sovereignty which is carried out based on law, this is confirmed constitutionally in Article 1 paragraph (2) of the 1945 Constitution. In electing leaders, the people are allowed to determine them directly, namely through an election process. At the regional level, there are Regional Head Elections (Pilkada). Initially, the Supreme Court had the authority to resolve regional election disputes as emphasized in Article 106 paragraph (1) of Law Number 32 of 2004 concerning Regional Government. In its development, this authority was t

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Vasilyev, Stanislav A., and Sergey S. Zenin. "Multinational People in the Russian Constitutional Law System of Government." Constitutional and municipal law 11 (November 5, 2020): 8–11. http://dx.doi.org/10.18572/1812-3767-2020-11-8-11.

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Associate Professor of the Department of Constitutional and Municipal Law of the Kutafin Moscow State Law University (MSAL) Leading Research Scientist of the Department of Theory of State and Law, Constitutional and Administrative Law of the South Ural State University (National Research University) PhD (Law),Associate Professor

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DYACHKOVA, Victoria Aleksandrovna. "Constitutional Control in People`s Republic of China. Confucian Influence and Implementation." Journal of Constitutional Justice 2 (April 18, 2024): 33–39. http://dx.doi.org/10.18572/2072-4144-2024-2-33-39.

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The article examines the historical stages of the development of the constitutional control of the People’s Republic of China, beginning with the Republic of China and the confrontation between the two parties — the Kuomintang and the Communist Party of China. In this regard, it provides an overview of the legal status and competence of the Council of Great Judges of the Trial Chamber, as well as a description of the procedure of the body under Taiwan law. Some features of the structure and content of the Chinese constitutions in their dynamics are further revealed. In 2018, the Constitution o

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Larkin, Dani, and Kate Galloway. "Constitutionally entrenched Voice to Parliament: Representation and good governance." Alternative Law Journal 46, no. 3 (2021): 193–98. http://dx.doi.org/10.1177/1037969x211019807.

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In 2017, the Uluru Statement from the Heart provided a consensus position on constitutional reform derived from Regional Dialogues drawing on experiences, views and aspirations of First Nations people. Among its recommendations is a constitutionally entrenched Voice to Parliament. While the government supports a watered-down Voice, this article identifies the key features of constitutional enshrinement that would enhance Australia’s institutions of governance. It focuses on its capacity for representation and its contribution to good governance and articulates the imperative for Voice to be an

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Pavlíček, Václav. "Některé otázky vztahu mezinárodního a vnitrostátního práva se zřetelem na čl. 10 Ústavy." AUC IURIDICA 43, no. 1 (2020): 9–16. https://doi.org/10.14712/23366478.2025.232.

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Introductory part of the article gives a brief outline of solutions to the relationship between international law and constitutional law within the Czechoslovak constitutional history and within some other European constitutions with respect to different historical periods in the development of constitutions. In the following section the author gives reasons for his opinion that the concept of human rights and freedoms contained in Art. 10 of the Constitution includes the list of rights and freedoms contained in the Charter of Fundamental Rights and Freedoms as a whole, both in Pacts and in th

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Hindeya, Tilahun Weldie. "The Right to Self-Determination under the Ethiopian Constitution: A Legal Tool for Indigenous Peoples’ Protection against Land Alienation?" Journal of African Law 63, no. 3 (2019): 359–83. http://dx.doi.org/10.1017/s0021855319000238.

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AbstractSince 2008 the Ethiopian government has allocated vast tracts of land, particularly in the Gambella and Benishangul-Gumuz regions, to agricultural commercial actors with little or no participation from indigenous communities. The marginalization of indigenous peoples in this process primarily emerges from the government's very wide legislative discretionary power regarding decision-making in the exploitation of land. The government has invoked constitutional clauses relating to land ownership and its power to deploy land resources for the “common benefit” of the people, to assert the c

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Muhammad, Hatta Roma Tampubolon, . Syachdin, Fatimah Maddusila Sitti, et al. "Recognition of Lempa Dua Principle as Traditional Rights of Indigenous People Tau Taa Wana." International Journal of Current Science Research and Review 07, no. 07 (2024): 5568–76. https://doi.org/10.5281/zenodo.13121292.

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Abstract : Tau Taa Wana Indigenous Law Society is an integral part of the nation that has  traditional or indigenous rights that must be respected and protected. The existence of the value  of customary law as a sub-national legal system is recognized constitutionally in Article 18B  Paragraph (2) of the 1945 Constitution of The Republic of Indonesia. The state recognizes,  respects,  and guarantees  the  enactment  of customary  law  and its  traditional  rights  as  an  integral part of the national legal system 

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Reestman, Jan-Herman. "The Franco-German Constitutional Divide." European Constitutional Law Review 5, no. 3 (2009): 374–90. http://dx.doi.org/10.1017/s1574019609003745.

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German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution – ‘Identity’ key word of the Lissabon-Urteil – The national identity clause in the current Union Treaty – Nation: people and state; diachronic and synchronic identity – Constitutional patriotism – The national identity clause in the Lisbon Union Treaty – Volksidentität and state identity – Verfassungsidentität: diachronic identity – Identité constitutionnelle de la France: synchronic identity – confidence and diffidence in the Union

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Gonchar, Oleg. "The Great Russian People as the Russian National Idea." Bulletin of Kemerovo State University. Series: Political, Sociological and Economic sciences 2020, no. 2 (2020): 139–55. http://dx.doi.org/10.21603/2500-3372-2020-5-2-139-155.

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The present research featured the state-forming status of the Russian people. The article focuses on the issue of fixing the legal status of Russians as the state-forming nation in the preamble to the Constitution. The research was based on a complex extrapolation modeling, comparative historical analysis, and behavioral approach. The author justified the amendments and explored domestic and foreign policy prospects for the long-overdue constitutional reforms. He introduced three possible constitutional solutions to the so-called Russian question and commented upon the opinion expressed by the

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Saragih, Sepriandison, Sarles Gultom, and Roy Marthen Moonti. "Introduction Theory and Practice Court Procedural Law Constitution." International Journal of Multidisciplinary: Applied Business and Education Research 3, no. 10 (2022): 2049–60. http://dx.doi.org/10.11594/ijmaber.03.10.17.

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Laws that develop in society sued the Court for follow development law these, including procedural law. Development procedural law of the Constitutional Court in practice need ijtihad from the Constitutional Court in skeleton find law new to use enforce supremacy constitution, democracy, justice and rights constitutional inhabitant country. Writing this use method approach juridical normative: that is the approach used for study or analyze secondary data in the form of materials primary law and materials law secondary Terms general procedural law arrange about provisions that are general, i.e

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Alaya Rihadatul Aisya, Amelia Intan Safitri, Astri Nuraina, Najwa Yustitia Aequo, Tasya Halimah Nia Purwanti, and Kuswan Hadji. "Peran Majelis Kehormatan Mahkamah Konstitusi Dalam Penegakan Undang Undang Dasar Dan Penyelesaian Pelanggaran Kode Etik Ketua Mahkamah Konstitusi." ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 3 (2024): 19–24. http://dx.doi.org/10.59246/aladalah.v2i3.850.

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The Ministry of Constitution have a vision on enforcing the Constitution in order to actualize the country of democracy, as well as the ambitions of our state law that is; to create a dignified life of the people and the nation. The purpose of the said vision is so that it can serve as a guideline, to exercise responsible judicial power in accordance with the mandate of the constitution, and independently for the Constitutional Court. The role of the Honorary Council of the Constitutional Court is to maintain and supervise the behavior of the Constitutional Court using descriptive research met

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Posner, Richard A. "National Security and Constitutional Law. Précis: The Constitution in a Time of National Emergency." Israel Law Review 42, no. 2 (2009): 217–24. http://dx.doi.org/10.1017/s0021223700000534.

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In my recent book Not a Suicide Pact: The Constitution in a Time of National Emergency (2006), I argue for a way of understanding constitutional law that would enable sensible adjustments to the pressures that arise when a nation is confronted with a serious threat to the safety or other well-being of its people; and I tried to show how the method that I was advocating could be used to resolve some of the constitutional issues that have arisen in the wake of the terrorist attacks on the United States of September 11, 2001. The analysis is limited to American constitutional law; whether it has

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Dießelberg, Paul, and Sidra Yousaf. "Towards a Postcolonial Theory of Constitutional Patriotism for the Marginalized: The Case of the Indian Constitution and Kashmir." Verfassung in Recht und Übersee 56, no. 4 (2023): 706–32. http://dx.doi.org/10.5771/0506-7286-2023-4-706.

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Constitutional patriotism is a concept that developed as a political theory in the German postwar period, in which instead of the nation and the formal mentioning of a common ethnic identity, the state in the form of a plural and liberal constitution, with the universal promise of equality and human dignity becomes the benchmark for societal identification. Although it has been loosely applied to Western civilizations throughout the past decades, constitutional patriotism especially experiences a renaissance in postcolonial societies today, where pluralist constitutional values often clash wit

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Kim, Seong Kyoon. "China’s Constitutional System and Communist Party." Sungshin Women's University Center for East Asian Studies 31, no. 1 (2025): 1–34. https://doi.org/10.56022/ceas.2025.31.1.1.

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China’s daily life and legal system, which is a written legal system, are similar to those of Korea. However, China’s ideology and state system are very different from those of Korea. As China’s identity and fundamental system, socialism is a firm constitutional principle, and the leadership of the Chinese Communist Party(CCP) is a core constitutional system. Although the Communist Party, which is a state-run organization under the Chinese Constitution, is not listed as a state body in Chapter 3 of the Constitution, the CCP ZhangCheng, which is recognized as a higher-level standard of the Cons

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Ashari, Ashari, and Riska Ari Amalia. "KONSTITUSIONALITAS PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT." JURNAL ILMIAH GLOBAL EDUCATION 4, no. 1 (2023): 50–56. http://dx.doi.org/10.55681/jige.v4i1.539.

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The purpose of this research is to find out the constitutionality of dismissal of judges of the Constitutional Court by the House of Representatives People. This research is a type of normative legal research that uses approach methods with legislation. The research results explain that The move of the House of Representatives towards the Constitutional Court is getting worse shows an attitude of authoritarianism and lawlessness, because the DPR violates the provisions of Article 24 paragraph (1) of the 1945 Constitution (1945 Constitution) which guarantee the existence of the independence of

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COLÓN-RÍOS, JOEL I. "A new typology of judicial review of legislation." Global Constitutionalism 3, no. 2 (2014): 143–69. http://dx.doi.org/10.1017/s2045381714000033.

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AbstractThe distinction between strong and weak judicial review occupies a privileged place in comparative constitutional law. This article argues that it is necessary to generate a new typology that includes two other increasingly influential models. The two ‘new’ models can be identified as ‘strong basic structure review’ and ‘weak basic structure review’. The former, present in some common law countries such as India and Belize, not only provides judges with the ability to strike down legislation that is inconsistent with a particular constitutional provision, but also constitutional amendm

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Bauer, Christian A., and Harald J. Bolsinger. "The Value of Constitutional Values: With the Examples of the Bavarian and the Indian Constitution." Tattva - Journal of Philosophy 6, no. 2 (2014): 61–77. http://dx.doi.org/10.12726/tjp.12.4.

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The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of political economy demonstrates a broad v

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