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Journal articles on the topic 'Reception in constitutional law'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Anichkin, Evgenii Sergeevich. "Development trends of the Russian constitutional law in post-Soviet time." Право и политика, no. 4 (April 2020): 18–33. http://dx.doi.org/10.7256/2454-0706.2020.4.32517.

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The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990&rsquo;s &ndash; present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends

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2

Gordon, Michael. "Referendums in the UK Constitution: Authority, Sovereignty and Democracy after Brexit." European Constitutional Law Review 16, no. 2 (2020): 213–48. http://dx.doi.org/10.1017/s1574019620000152.

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UK constitution after Brexit – Status of referendums – Use and reception of referendums in the UK – Absence of definitive constitutional framework – Complex legal nature of ‘advisory’ and ‘binding’ referendums – Deeper constitutional impact on concepts in the political constitution – Regular and irregular authority – Parliamentary and popular sovereignty – Representative and direct democracy – Possibility of reform – A potential UK Referendums Act – Difficulties with an overarching statutory framework – Limitations of continued constitutional accommodation of referendums

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Delaney, Erin F., and Christopher W. Schmidt. "There’s something about Brown: A reply to Emmett Macfarlane." International Journal of Constitutional Law 19, no. 5 (2021): 1934–41. http://dx.doi.org/10.1093/icon/moab103.

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Abstract Emmett Macfarlane’s theory of judicial constitutional amendment draws needed attention to the role of transformative court decisions in the process of constitutional development. We agree with Macfarlane that the analysis should include a controversial ruling’s reasoning and immediate reception. But in this response essay, we argue that expanding beyond Macfarlane’s focus allows us to better capture the full scope of what it means to amend a constitution. We use Brown v. Board of Education to illustrate the need for both ex ante and ex post analysis in constructing a theory of judicia

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4

Wesson, Murray. "The Reception of Structured Proportionality in Australian Constitutional Law." Federal Law Review 49, no. 3 (2021): 352–79. http://dx.doi.org/10.1177/0067205x211016581.

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A majority of the High Court has incorporated a test of structured proportionality into its implied freedom of political communication case law. Structured proportionality developed in the context of constitutional rights adjudication and requires courts to engage in substantive, values-based reasoning. The Australian Constitution does not contain a Bill of Rights and the High Court is known for its commitment to legalism and textualism. Against this background, one might think that the High Court would interpret the elements of structured proportionality so that they assume a highly distincti

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5

Dedov, D. I. "Sovereignty and the conflict of international and domestic law." Lomonosov Law Journal 65, no. 6, 2024 (2024): 141–51. https://doi.org/10.55959/msu0130-0113-11-65-6-9.

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The article provides a comparative analysis of the consideration of the sovereignty of the state from the point of view of international and constitutional law. The differences in understanding the impact of international law and constitutional norms on sovereignty are highlighted and erroneous approaches to this issue are identified, which consist in seeking recognition of the limitation of state sovereignty, denying its constitutional origin and the result of the institutionalization of national sovereignty and statehood. Thus, the author comes to conclusions about the application of complet

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6

Kerr, Lisa. "The Place of Gladue in Constitutional Law." Constitutional Forum / Forum constitutionnel 33, no. 1 (2024): 1–18. http://dx.doi.org/10.21991/cf29474.

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The central aim of this paper is to outline and explain the place of Gladue in constitutional law. I start with a brief treatment of the majority decision in Sharma before moving to the reception of Gladue sentencing in the section 12 context, outlining and contributing to a debate that has circled in this area for years: whether it is acceptable to consider personal characteristics in constructing the reasonable hypothetical offender.

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Machovenko, Jevgenij, and Dovile Valanciene. "CONSTITUTIONAL FOUNDATIONS FOR THE COORDINATION OF RECEIPTED AND NATIONAL LITHUANIAN LAW IN 1918–1920." Constitutional and legal academic studies, no. 2 (July 16, 2021): 69–77. http://dx.doi.org/10.24144/2663-5399.2020.2.08.

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The research object of this study is the provisions of the Provisional Constitutions of 1918, 1919 and 1920 concerning the establishment of the Lithuanian legal system. The aim of the study was to determine what was the basis for the reception of foreign law and the particularism of the law, what law was recepted and what was the relationship between it and the newly created national law. The main methods used are systematic, teleological, historical, linguistic, and comparative. This article presents an original vision of recepted law and a critical assessment of the interwar Lithuanian gover

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8

Schelle, Karel. "K některým otázkám ústavního systému první ČSR." AUC IURIDICA 45, no. 1 (2020): 41–45. https://doi.org/10.14712/23366478.2025.274.

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Doc. JUDr. Karel Schelle, CSc., of the Faculty of Law, Masaryk University in Brno, called his paper “On Some Issues of Constitutional System in the ČSR”. In the first part of his speech he deals with the history of creation of the constitution of pre-Munich Republic, starting from the so-called Reception Act of October 28, 1918, through the provisional constitution of November of the same year to the creation of the constitution of 1920. In the second part of his speech he explores the system itself, the supreme bodies of state power and their relationships, National Assembly, the president an

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9

NEO, Jaclyn L. "A Contextual Approach to Unconstitutional Constitutional Amendments: Judicial Power and the Basic Structure Doctrine in Malaysia." Asian Journal of Comparative Law 15, no. 1 (2020): 69–94. http://dx.doi.org/10.1017/asjcl.2020.8.

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AbstractThis article takes a contextual approach to analyzing judicial engagement with the doctrine of unconstitutional constitutional amendments. It argues that in assessing judicial reception of the basic structure doctrine, and the content of the constitutional identity that such a doctrine seeks to preserve, a normative universalist or even functionalist approach is not sufficient. Instead, such a doctrine should be justified and understood contextually. It is necessary to contextualize constitutional identity in order to give it a robust character, rather than assuming a set of characteri

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10

Zinchenko, O. V. "Evolution of the Constitution of Japan (1889-1946): comparative research." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 20–24. http://dx.doi.org/10.24144/2788-6018.2022.01.3.

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A comparative analysis of the constitutions of Japan in 1889 and 1946, their common features and differences. It is concluded that both Basic Laws meant the second, after ancient Chinese law, and the third reception of foreign law. The common features and differences inherent in the constitutions, due to the combination of the influence of foreign law with Japanese traditions, and the importance of constitutions in ensuring rapid and effective political and socio-economic development of the country at two historical stages. Common features include small volumes of texts, the procla

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11

Klaaren, Jonathan. "A Comment from a South African Perspective on Directive and Transformative Constitutionalism in Comparative Constitutional Law." Verfassung in Recht und Übersee 56, no. 3 (2023): 602–10. http://dx.doi.org/10.5771/0506-7286-2023-3-602.

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This special issue demonstrates the importance of attending to the reception of constitutional concepts in overlapping transnational and local contexts and, for Africans including South Africans, the importance of attending to the economic structures embedded in constitutional political texts. The most significant difference between directive constitutionalism and transformative constitutionalism is the constitutional audience or actor the concepts are primarily addressing – the legislature or the judiciary. This significant distinction reveals a fault-line within the South African development

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12

Varju, Marton, and Flora Fazekas. "The reception of European Union law in Hungary: The Constitutional Court and the Hungarian judiciary." Common Market Law Review 48, Issue 6 (2011): 1945–84. http://dx.doi.org/10.54648/cola2011075.

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The reception of European Union law in Hungary has produced mixed results. The Constitutional Court, entangled in a jurisprudence which focuses primarily on the question whether it has competence under national law to address issues of EU law, has refrained from formulating a comprehensive account of the constitutional impact of membership in the European Union. The constitutional limits of membership remain obscure leaving the parameters of constitutional control following the principles of democracy, the rule of law and national sovereignty unspecified. The approach of the Hungarian judiciar

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13

Adams, Eric. "Ford Focus." Constitutional Forum / Forum constitutionnel 32, no. 3 (2024): 33–42. http://dx.doi.org/10.21991/cf29463.

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In this article, I return to the broader constitutional perspectives that the Ford judgment temporarily pushed aside. Examining the notwithstanding clause’s early academic reception, pre-Ford judicial treatment, and the arguments the Supreme Court considered and left unattended in Ford reveals the deep currents of constitutional argument and thought that have always characterized the notwithstanding clause. Excavating the plural perspectives that formed the background of the Ford litigation about the constitutional law of section 33 reveals the tangled weave of constitutional law and politics

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14

Liu, Han. "Regime-Centered and Court-Centered Understandings: The Reception of American Constitutional Law in Contemporary China†." American Journal of Comparative Law 68, no. 1 (2020): 95–150. http://dx.doi.org/10.1093/ajcl/avaa009.

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Abstract American constitutional law haunts the contemporary Chinese constitutional imagination. China’s reception of American constitutional law occurred in two major stages. In the first stage, which spanned from the 1980s to the early 1990s, Chinese intellectuals understood American constitutionalism as a particular political regime to be politically criticized or objectively appraised, with the tripartite separation of powers overwhelmingly highlighted as a core feature of the American constitutional-political system. In the second stage, which began in the late 1990s, a paradigmatic shift

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15

Kūris, Egidijus. "Konstitucinės justicijos proceso teisės klausimu." Teisė 78 (January 1, 2011): 7–28. http://dx.doi.org/10.15388/teise.2011.0.192.

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Straipsnyje nagrinėjamos prielaidos Lietuvoje susiformuoti naujai ordinarinės teisės šakai – konstitucinės justicijos proceso teisei, apimančiai procedūras nuo kreipimosi gavimo Konstituciniame Teisme iki atitinkamo baigiamojo akto įsigaliojimo. Šiuo metu teisinė teorinė mintis tokios teisės šakos dar nereflektuoja, tačiau ilgainiui, plečiantis Konstitucinio Teismo jurisprudencijai, skirtai konstitucinės justicijos byloms nagrinėti, padėtis gali keistis. The article deals with the preconditions for formation of a new branch of law, namely the law of constitutional justice procedure which wou

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16

Raijman, Maximiliano. "Delegación de facultades legislativas en materia tributaria." Revista de Estudio de Derecho Tributario, Contabilidad y Auditoría │Universidad Blas Pascal 2, no. 2 (2024): 69–78. https://doi.org/10.37767/3008-8216(2024)005.

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Trough this we attempt to analyze the institute of delegation in tax matters. To do this, it is necessary to begin by examining the legal nature of de the tax power, its doctrinal and jurisprudential reception, particularly from the Supreme Court of Justice of de Nation, and afterthat, analyze the limits that the National Constitution impose on it, detaching from this central question of this work.Essentially contrast the provision of article 76 incorporated by the constitutional reform of 1994 with the principle of reserve of law in tax matters.

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17

Batanov, Oleksandr, Natalia Verlos, Olga Lotiuk, and Olena Sinkevych. "Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law." Revista Amazonia Investiga 9, no. 29 (2020): 273–81. http://dx.doi.org/10.34069/ai/2020.29.05.31.

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In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of huma

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18

Fonaryuk, O., and V. Decyk. "Reception as a constitutional and legal phenomenon." Uzhhorod National University Herald. Series: Law 1, no. 74 (2023): 82–87. http://dx.doi.org/10.24144/2307-3322.2022.74.13.

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It is indicated that modern trends in the civilizational development of society are determined by a large number of factors: global processes of transformation of social reality, the necessary development and modification of universal legal and constitutional values, rationalization and optimization in the direction of achieving a balance of international (international) and domestic interests of a modern democratic state. In this process, a completely logical conclusion is the urgent need for a qualitative change in the understanding of constitutionalism, which is currently being formed in th

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19

Agudelo Agudelo, Carlos Alberto. "The Colombian Constitutional Court from a Prodemocratic Reading." Jurídicas 18, no. 1 (2021): 17–35. http://dx.doi.org/10.17151/jurid.2021.18.1.2.

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This article has four parts. The first one shows the reception of the “Countermajoritarian Difficulty” (CMD) in Colombia, it is to say, how the tension between judges an democracy,a constitutional topic created by Alexander Bickel in America, was received. The second part explains the answer that constitutional judges in Colombia gave to the tension with thedemocratic principle by promoting dialogical rulings. The third one describes, in a general way, the LGTBI movement in Colombia and dialogues it generated in the Constitutional Court to achieve the protection of their rights against majorit

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20

Vallejo, Iván Garzón, and Cristian Rojas González. "Hercules in the Colombian Constitutional Court." Baltic Journal of Law & Politics 13, no. 1 (2020): 1–23. http://dx.doi.org/10.2478/bjlp-2020-0001.

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Abstract This paper explores how the Colombian Constitutional Court has used the legal and political philosophy of Ronald Dworkin to show that the use of the concepts of rights as trump cards, individual autonomy, and state neutrality, have configured the reception of egalitarian liberalism. This conclusion is reached by means of an analysis of the meaning and use of these concepts in certain judicial decisions and of personal interviews with certain head justices and law clerks of said Court, which also made it possible to frame this question within the larger issue of the relationship of phi

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21

Saybulaeva, Saida A. "RECEPTION AND ITS FORMS IN CONSTITUTIONAL LAW: SOME THEORETICAL ISSUES." State power and local self-government 5 (May 22, 2019): 55–59. http://dx.doi.org/10.18572/1813-1247-2019-5-55-59.

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22

Dutra, Deo Campos. "The Theories of Constituição Dirigente and Transformative Constitutionalism and Their Reception by Brazilian Constitutional Theory: An Approach Based on Critical Comparative Law." Verfassung in Recht und Übersee 56, no. 3 (2023): 568–86. http://dx.doi.org/10.5771/0506-7286-2023-3-568.

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Two of the most important constitutional theories developed in contemporary times, transformative constitutionalism and the idea of “Constituição Dirigente”, significantly impacted the Brazilian constitutional debate. Both are recurrent objects of reflection and influence how Brazilian constitutionalists formulate their thinking regarding their constitution. On the other hand, this evident case of legal transfer has rarely been analyzed from the perspective of legal comparison theory. The question this research intends to answer is to what extent these legal ideas were incorporated, considerin

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23

Arjomand, Saïd Amir. "The 1906-07 Iranian Constitution and the Constitutional Debate on Islam." Journal of Persianate Studies 5, no. 2 (2012): 152–74. http://dx.doi.org/10.1163/18747167-12341242.

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Abstract After a brief sketch of the historical background, the mutual impact of Islam and constitutionalism is examined by looking closely at the process of constitution-making in the broad context of the constitutional politics of Iran between 1905 and 1911. The modification of modern constitutional concepts under the impact of Shiʿi Islam and through its custodians in the course of the reception of Western constitutionalism in this period is followed by an analysis of the impact of modern political ideas on Islam. The analysis is based on the texts of the Fundamental Law of 1906 and its 190

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Savoskin, A. V. "Personal Reception of Citizens: Problems of Legal Regulation and Implementation." Lex Russica, no. 10 (October 24, 2019): 71–83. http://dx.doi.org/10.17803/1729-5920.2019.155.10.071-083.

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Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are high

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van Ert, Gibran. "Using Treaties in Canadian Courts." Canadian Yearbook of international Law/Annuaire canadien de droit international 38 (2001): 3–87. http://dx.doi.org/10.1017/s0069005800007335.

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SummaryIncreasingly, litigants are seeking to rely on international treaties before domestic courts. The difficulties they face, together with the judges hearing these cases, are great. Public international law is unknown territory for the vast majority of Canadian lawyers, both at the bar and on the bench. Moreover, the rules according to which international treaties take effect in Canadian domestic law engage a wide variety of legal sources, including ancient common law jurisprudence, unwritten constitutional rules, federalism, and the provisions of theCanadian Charter of Rights and Freedoms

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26

Dolidze, Timur Yu. "SPECIFIC FEATURES OF IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO HIGH-QUALITY LEGAL SUPPORT TO ORGANIZATIONS AND PUBLIC AUTHORITIES." Notary 8 (December 17, 2020): 3–7. http://dx.doi.org/10.18572/1813-1204-2020-8-3-7.

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The article is devoted to the problems of providing legal assistance to organizations. Unlike helping citizens, this type of legal consulting has a number of institutional features and specific features. Moreover, the author proves that this assistance is covered by the regulatory impact of constitutional law on qualified legal assistance. In this regard, the problem arises of isolating the status of fulltime lawyers, legal services and private legal consultations that are not part of the bar and notary systems. In particular, they should be provided with certain administrative, legal and proc

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Grishina, T. M. "Historical Traditions and Values as Foundation of the Russian Legal System." Russian Law Online, no. 3 (October 20, 2024): 14–19. http://dx.doi.org/10.17803/2542-2472.2024.31.3.014-019.

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The amendments in 2020 to the Constitution of the Russian Federation of 1993 were a decisive step towards strengthening sovereignty in the international arena and the reception in the Russian Federation of historical traditions and value attitudes characteristic of Russia in any historical form of its statehood. The unity of state ideology, which is directly prohibited in the chapter «Fundamentals of the Constitutional System» of the Basic Law of Russia, has become the subject of special attention of the developers of the text of constitutional novels due to the impossibility of amending chapt

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28

Hudson, Graham. "Neither Here nor There: The (Non-) Impact of International Law on Judicial Reasoning in Canada and South Africa." Canadian Journal of Law & Jurisprudence 21, no. 2 (2008): 321–54. http://dx.doi.org/10.1017/s0841820900004446.

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In this paper, the author explores the question of whether formalizing the Canadian law of reception would lead to an increase in the domestic influence of international law. He begins by briefly recounting Canada’s decidedly informal law of reception and, through a review of academic commentary, suggests a relationship between informality and international law’s historically weak influence on judicial reasoning. Tying this commentary to seemingly sociological perspectives on globalization, judges’ international legal personality and the changing forms and functions of law, he forwards the hyp

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Verlos, Natalia. "Constitutionalization of digital rights: domestic practice and foreign experience." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 129–33. http://dx.doi.org/10.36695/2219-5521.2.2020.21.

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The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitut

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Baker, G. Blaine. "The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire." Law and History Review 3, no. 2 (1985): 219–92. http://dx.doi.org/10.2307/743630.

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Theavailabilityof the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual for

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Garashko, A. Yu. "Reception of Social Legal PrinciplesState Law-Making Institutions." Russian Journal of Legal Studies 5, no. 3 (2018): 58–62. http://dx.doi.org/10.17816/rjls18380.

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The purpose of this article is to analyze the feasibility and the basic mechanisms of borrowing of the individual benefits of the standards of conduct, the current in society (public legal principles), the activities of state authorities. The author comes to the following conclusion: reception of the socio-legal basis of state institutions capable of providing public support for the implementation of state standards; positive impact on the rule of law and the lawmaking process; to determine the restoration of the unity of law as a system that combines public and state foundations; seamlessly i

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Machovenko, Jevgenij. "Application of Legal Customs in Lithuania in 1918–1940." Teisė 123 (July 5, 2022): 38–49. http://dx.doi.org/10.15388/teise.2022.123.3.

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This article determines, based on legal norms, case law, and the scientific doctrine, the significance of legal customs in Lithuania in 1918–1940: it describes the legal customs in the status quo res erant ante bellum, i.e., in relation to which social groups and to what extent were the customs applied in Lithuania under the law of the Russian Empire. The significance of the constitutional provision on the reception of pre-war law for legal customs is revealed. The paper also describes the policy of the legislator with regard to legal customs, the limits of the application of customs by law, a

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Arango Zambrano, Manuel Francisco. "La compleja recepción por parte del Estado colombiano de los compromisos internacionales adquiridos en materia de derechos humanos." Precedente Revista Jurídica 26 (May 28, 2025): 9–53. https://doi.org/10.18046/prec.v26.6931.

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This article analyzes the relationships between international law and domestic law in the field of human rights protection within the Colombian legal system. As a paradigmatic case, it examines Becerra Barney vs. the Colombian State, heard by the United Nations Human Rights Committee, in the context of the so-called “faceless justice.” The article reviews various theoretical approaches that help explain the interaction between different legal orders, with the aim of contrasting them with the actual practices of the Colombian State in fulfilling its international obligations. For this purpose,

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Kochetkov, V. V. "Constituionalism and the archetypes of russian power (casus in 1906)." Russian Journal of Legal Studies 2, no. 1 (2015): 155–63. http://dx.doi.org/10.17816/rjls18004.

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In this article, based on an understanding of constitutionalism as a special form of justice the author considers the process of reception of the constitutional public-law institutions and archetypes in a society dominated by the traditional sense of justice, by analyzing the text of the Main Laws of the Russian Empire in 1906, as well as doctrinal interpretations of their provisions of the lawyers of that time.

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Verlos, N. V. "MECHANISM OF RECEPTION IN CONSTITUTIONAL LAW: PROBLEMS OF CONCEPTUALIZATION AND PRACTICAL IMPLEMENTATION." Juridical scientific and electronic journal, no. 4 (2020): 409–12. http://dx.doi.org/10.32782/2524-0374/2020-4/97.

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Libin, Xie, and Haig Patapan. "Schmitt Fever: The use and abuse of Carl Schmitt in contemporary China." International Journal of Constitutional Law 18, no. 1 (2020): 130–46. http://dx.doi.org/10.1093/icon/moaa015.

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Abstract This article examines “Schmitt Fever,” the reception and influence in contemporary China of the thought of Carl Schmitt, the German legal, constitutional, and political theorist notorious for his endorsement of National Socialism. It argues that an understanding of Schmitt Fever provides new insights into contested terrain and fracture lines of contemporary Chinese law and politics. It also shows how Western concepts are taken up in China, both philosophically and politically, and how their reception reveals valuable insights into the character of the major political contests in conte

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Kasuso, Tapiwa Givemore. "Revisiting the Zimbabwean Unfair Labour Practice Concept." Potchefstroom Electronic Law Journal 24 (December 8, 2021): 1–27. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9016.

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The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices which can be committed by employers, trade unions, workers' committees, and other persons. The Labour Act predates the 2013 Constitution. The constitutionalisation of the right to fair labour practices necessarily carries with it the attendant difficulties of reconciling the new rights and the pre-existing regulatory framework. This article seeks to contribute towards a pra

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Ahmad, Shakeel, Fazal Rabbi, and Ahsan Riaz. "Implementation and Incorporation of International Treaties into Domestic Law of Pakistan: A Case Study of International Space Law Treaties." Global Legal Studies Review VII, no. I (2022): 67–73. http://dx.doi.org/10.31703/glsr.2022(vii-i).09.

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Countries routinely sign bilateral and multilateral treaties that oblige them to abide by their terms.Ratification of the international treaty requires that common law countries should incorporate the treaty into domestic law. English common law serves as the foundation for Pakistan's legislation governing the reception of international treaties. The rationale of the common law system typically does not directly incorporate international treaties but requires separate enabling legislation so that there should be no conflicting legal provisions between national law and the provisions of the rel

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Wendel, Mattias. "Paradoxes of Ultra-Vires Review: A Critical Review of the PSPP Decision and Its Initial Reception." German Law Journal 21, no. 5 (2020): 979–94. http://dx.doi.org/10.1017/glj.2020.62.

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AbstractThis contribution explores paradoxes of ultra vires review with specific regard to the PSPP decision of the German Federal Constitutional Court in the light of the decision’s initial reception. While some of these paradoxes are inherent in the very nature of ultra vires review, others are specific to the PSPP judgment. They relate to the underlying doctrinal and theoretical premises, to key concepts such as proportionality or the scope of judicial review, to the overall context in which the decision is embedded, and even to the community which is addressed and affected by the decision.

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Law, John. "Right Product, Wrong Packaging: Not 'Constitution', but 'Constitutional Charter'." Journal of Contemporary European Research 3, no. 1 (2007): 18–37. http://dx.doi.org/10.30950/jcer.v3i1.29.

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The article seeks to locate the principal cause of Europe’s prevailing ratification crisis in the inappropriate title arrived at in the European Convention, Treaty Establishing a Constitution for Europe. This over-ambitious styling led the media to characterise the text as simply an ‘EU Constitution’. Yet, the text was not a Constitution as we traditionally understand the term, i.e. the founding document of a State: scholars are agreed that the EU is not, and will not become upon ratification, a State.  In terms of substance, whilst the text certainly strengthened some emerging con

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BERNIER, ALEXANDRE. "Constructing and Legitimating: Transnational Jurist Networks and the Making of a Constitutional Practice of European Law, 1950–70." Contemporary European History 21, no. 3 (2012): 399–415. http://dx.doi.org/10.1017/s0960777312000264.

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AbstractSocial scientific explanations of the role of European law associations in the making of a new European legal order argue that they were critical in empowering the European Court of Justice and defining the results of European legal integration. However, these approaches fail to highlight the complex context in which these associations evolved. By exploring the history of the French Association des juristes européens from 1951 to 1970 on the basis of comprehensive archival material, this paper provides a more contextualised understanding of what appears as a struggle with limited impac

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Pérez Sola, Nicolás. "El contenido del derecho a un proceso con todas las garantías en la segunda instancia penal a la luz de la jurisprudencia del TEDH." Teoría y Realidad Constitucional, no. 42 (January 30, 2019): 371. http://dx.doi.org/10.5944/trc.42.2018.23651.

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Se analiza la recepción por el Tribunal Constitucional de la jurisprudencia del TEDH sobre el derecho al proceso con todas las garantías en la segunda instancia penal cuando a través de sentencia condenatoria se revisa sentencia absolutoria en la primera instancia.This essay focuses on the reception by the Constitutional Court of the case law of the ECtHR on the right to trial with guarantees of due process in second criminal instance, in cases where a court convicts an accused who was acquitted by the first instance.

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Korovin, Kirill Sergeevich. "Socialist idea and methods of constitutional implementation in 1918." Genesis: исторические исследования, no. 12 (December 2021): 268–83. http://dx.doi.org/10.25136/2409-868x.2021.12.37208.

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This article demonstrates that socialism was the key political concept for the nascent Soviet constitutionalism. The matter is that the political-legal ideas of V. I. Lenin underlied the ideology of Bolshevism, which became the basis of the entire legal system of the Soviet state. The author traces the evolution of socialist ideas and their reception by the Russian social democracy. In the Bolshevik party, the idea of a socialist society has acquired rather utopian and radical forms than the initial European model. This was associated with the fact that socioeconomic, political and cultural co

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Hörcher, Ferenc. "Natural law, human dignity and tradition of Böckenförde’s catholic political theology, from a conservative viewpoint." Pro Publico Bono - Magyar Közigazgatás 9, no. 2 (2021): 86–103. http://dx.doi.org/10.32575/ppb.2021.2.5.

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This paper aims to show the connection between ideas on natural law, human dignity and tradition in the legal-political thought of Ernst-Wolfgang Böckenförde, an influential earlier judge of Germany’s Federal Constitutional Court. It starts out from the Catholic background of the legal theorist, and his close connection to Carl Schmitt, probably the most charismatic legal thinker of the age, who, however, burnt himself by his support of the Nazi regime. Böckenförde was politically closest to the Social Democrats, yet political theology remained crucial for his legal thought. His interpretation

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Milton, Patrick. "The Mutual Guarantee of the Peace of Westphalia in the Law of Nations and Its Impact on European Diplomacy." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 1 (2020): 101–25. http://dx.doi.org/10.1163/15718050-12340132.

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Abstract This paper seeks to investigate how the mutual guarantee clauses of the treaties of Westphalia, which ended the Thirty Years War in 1648, affected European diplomacy until the late eighteenth century. It will first analyse the reception and impact of the guarantee of the Peace of Westphalia in the European Law of Nations and in subsequent treaty law. Secondly, it will assess the practical impact of this feature of the Law of Nations on European diplomacy, and how this influence changed over time. This will also include an analysis of how diplomacy and shifting power-political currents

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Borges Blázquez, Lola. "Freedom of religion versus freedom of business management in Spain: Spanish Case-law analyzed in the light of “reasonable accommodation” figure according to Canadian Case-law." Deusto Journal of Human Rights, no. 8 (December 11, 2017): 55–70. http://dx.doi.org/10.18543/aahdh-8-2011pp55-70.

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The Canadian case-law figure of reasonable accommodation has not found a favourable reception in the Spanish Case-law. Proof of this is the STC 19/1985 judgement of the Spanish Constitutional Court, which affirms that the giving of a different weekly rest because of a religious belief would be a reasonable exception, but it is not imperative for the entrepreneur to grant it. Accommodation is not compulsory neither for Canadian courts, since this obligation to accommodate must be within the limits of “reasonability”. Even if several justified reasons can be put forward to refuse the accommodati

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Wenander, Henrik. "Administrative Independence in the Nordic States." Nordic Journal of European Law 5, no. 1 (2022): 20–49. http://dx.doi.org/10.36969/njel.v5i1.24497.

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EU law increasingly requires that the Member States establish independent administrative bodies in various fields. Examples include market supervision, non-discrimination, and data protection. This article addresses the realisation of such requirements in the five Nordic states. The West Nordic systems of Denmark, Iceland, and Norway feature a traditional hierarchic organisation of the administrative authorities under the relevant ministries, albeit with examples of independent administrative bodies. Contrastingly, the East Nordic systems of Finland and Sweden have a long-standing constitution

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Sibanda, Aubrey. "Shareholder Oppression as Corporate Conduct Repugnant to Public Policy: Infusing the Concept of Ubuntu in the Interpretation of Section 163 of the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal 24 (October 26, 2021): 1–36. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10731.

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The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a plethora of contemporary legal disciplines in South Africa, this article contends that the reception of the concept in corporate law remains constrained. Identifying shareholder relationships as an important feature of the corporate firm, the author presents a persuasive case for the infusion of ubuntu and its underlying equity considerations in the interpretation of the oppr

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Patrono, Mario. "Hans Kelsen: A Peacemaker Through Law." Victoria University of Wellington Law Review 45, no. 4 (2014): 647. http://dx.doi.org/10.26686/vuwlr.v45i4.4940.

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Mario Patrono has made many visits to New Zealand, and to Victoria University of Wellington School of Law in particular, during the course of his career. Most recently he has been a Visiting Professor at the Law School, arriving for the first trimester of 2013, 2014, and soon 2015, enjoying Wellington's calmer autumn months, then sensibly returning to Rome before winter takes hold. During each of these visits Professor Patrono leads a seminar class on the fundamentals of European Union law for honours and masters students. He also contributes to the intellectual life of the Law School more gen

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Suhan, I., and S. Porada. "Prospects of legal reception in the conditions of Ukraine’s acquisition of EU membership." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 109–13. http://dx.doi.org/10.24144/2307-3322.2023.79.2.16.

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The free movement of goods, persons, services and capital is the basis of the functioning of the European Union as a regional supranational entity. It is these principles that determine the benchmarks of norm-making by the institutions of the European Union. At the same time, the specified bases determine the context of harmonization of the legislation of the member states of the European Union. Likewise, the main category of litigation, which is or has been under consideration by the Court of the European Union, concerns precisely the violation of the specified principles of the functio

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