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Journal articles on the topic 'The Act on Amendment of the Constitution'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

Kazankov, Sergey P. "Constitutional amendments and revision of the Constitution of the Russian Federation: features of the 2020 procedure." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 2 (2021): 232. http://dx.doi.org/10.18255/1996-5648-2021-2-232-241.

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The article discusses the issue of the procedure for changing the Constitution of the Russian Federation. Examples of norms of foreign constitutions are given, which constitutionalists recognize as rigid constitutions in the order of their amendment. The ways of changing the Constitution of the Russian Federation are considered: revision, adoption of amendments, amendment of Art. 65Identified problems such as the form of the amendment to the Constitution, the moment of entry into force of the amendment, the introduction by the Law of the Russian Federation on the amendment to the Constitution

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Zenkin, Sergey. "The mechanism of constitutional reform in Serbia: procedure and practice." Sravnitel noe konstitucionnoe obozrenie 31, no. 5 (2022): 42–62. https://doi.org/10.21128/1812-7126-2022-5-42-62.

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The article examines the procedural stages for amending the Constitution of Serbia: proposal of an amendment to the Constitution; this proposal’s consideration and adoption by the National Assembly; development, consideration and adoption of an act to amend the Constitution; appointment and holding of a referendum to approve this act; and finally proclamation of the act by the National Assembly. It is shown that this procedure is more rigid than those in other countries, partly due to historical traditions. The normative basis of this analysis is, in addition to the Constitution, the laws on t

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3

Kim, Jongcheol. "Significance and Limitations of the 1987 Constitution Amendment Movement: Why Do We Need Partial and Sequential Amendments?" Korean Constitutional Law Association 29, no. 3 (2023): 411–49. http://dx.doi.org/10.35901/kjcl.2023.29.3.411.

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There is a need for a sequential and gradual process of constitutional reform, with targets that reflect the strong need for constitutional reform and the level of consensus at various levels. It is also necessary to respond to the fact that the flawed political representation system has been an essential problem of the 1987 Constitution. That is, efforts should be made not only to emphasize representation in the constitutional revision process, but also to ensure sufficient participation of the people, who hold the authorship of the constitution, in accordance with the principle of sove

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Shairgojri, Aadil Ahmad, and Showkat Ahmad Dar. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Image Processing and Intelligent Remote Sensing, no. 25 (August 1, 2022): 8–18. http://dx.doi.org/10.55529/jipirs.25.8.18.

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India is the largest populous democracy in the world, however there are many others? India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is const

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Dar, Showkat Ahmad, and Aadil Ahmad Shairgojri. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Language and Linguistics in Society, no. 21 (January 24, 2022): 18–27. http://dx.doi.org/10.55529/jlls.21.18.27.

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India is the largest populous democracy in the world, however there are many others. India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is const

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Shairgojri, Aadil Ahmad, and Showkat Ahmad Dar. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Psychology and Political Science, no. 12 (November 27, 2021): 24–34. http://dx.doi.org/10.55529/jpps.12.24.34.

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India is the largest populous democracy in the world, however there are many others. India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is const

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7

Munir, Bakht, Ali Nawaz Khan, and Naveed Ahmed. "An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan." Global Strategic & Securities Studies Review V, no. IV (2020): 31–39. http://dx.doi.org/10.31703/gsssr.2020(v-iv).04.

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Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary

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Armia, Muhammad Siddiq, Zahlul Pasha Karim, Huwaida Tengku-Armia, Chairul Fahmi, Muhammad Syauqi Bin-Armia, and Armiadi Musa. "Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?" Journal of Indonesian Legal Studies 7, no. 2 (2022): 525–56. http://dx.doi.org/10.15294/jils.v7i2.56335.

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Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with the possibility of having clash of judgment. There is no guarantee that the Supreme Court will fully obey the Constitutional Co

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9

Ratha, Keshab Chandra. "Interpreting Citizenship Amendment Act: Its Content and Context." Indian Journal of Public Administration 67, no. 4 (2021): 559–72. http://dx.doi.org/10.1177/00195561211056411.

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India is endowed with a proud history of inclusive government and religious tolerance. Indian citizenship has always been firmly rooted in the country’s constitution, which lays priority on equality, regardless of gender, caste, religion, class, community or language. Attaching citizenship rights to religious affiliation runs counter to the letter and spirit of India’s Constitution and constitutional morality. The major thrust of the present article is to project government’s stance on the Citizenship Amendment Act, 2019, constitutional provisions in relation to the Act, thematic arguments of

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Kant, Krishan, and Anju Rani. "CITIZENSHIP AMENDMENT ACT-2019." SCHOLARLY RESEARCH JOURNAL FOR HUMANITY SCIENCE AND ENGLISH LANGUAGE 9, no. 47 (2021): 11567–70. http://dx.doi.org/10.21922/srjhsel.v9i47.7698.

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These days Citizenship Amendment Act 2019 is the burning issue all over India. People have different views about CAA, some are of view that it is beneficial for the internal security of our country while there is another group of people who consider it as a threat to the integrity of India and Indian Constitution. We have witnessed people strongly condemning and protesting against CAA almost in every part of India. CAA is the not the only thing people are protesting against, but Compiling of National Register of Citizens with CAA is another major issue along with it. On the other side of the e

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Chitimira, Howard. "A Conspectus of the Functions of the Judiciary under the Zimbabwe Constitution 2013." African Journal of International and Comparative Law 25, no. 2 (2017): 221–38. http://dx.doi.org/10.3366/ajicl.2017.0192.

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This article provides an overview analysis of the relevant provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013) that, inter alia, deals with the functions of the judiciary. To this end, the article examines the adequacy of the aforesaid provisions in relation to their practical enforcement and the promotion of constitutional democracy in Zimbabwe. In light of this, a synoptical analysis of the gaps and flaws of the provisions dealing with the functions of the judiciary under the Zimbabwe Constitution 2013 will be provided. In addition and where applicab

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Das, Mamoni. "Panchayati Raj Institutions in India." Galore International Journal of Applied Sciences and Humanities 6, no. 2 (2022): 6–14. http://dx.doi.org/10.52403/gijash.20220402.

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Panchayati Raj Institution (PRI) is a system of rural local self-government in India. Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: village, block and district. “Panchayat” literally means assembly (yat) of five (panch) and ‘Raj’ literally means governance or government. Mahatma Gandhi advocated Panchayati Raj a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India’s political system. His term for such a vision was “Gram Swaraj”(Village Self-governance).The d

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Safiâ€™, Safiâ€™. "JUDICIAL REVIEW SEBAGAI SARANA PERLINDUNGAN HAK-HAK ASASI WARGA NEGARA." DiH: Jurnal Ilmu Hukum 11, no. 22 (2015): 170–81. http://dx.doi.org/10.30996/dih.v11i22.2237.

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Observing the development of public acceptance of the substance of the laws that were generated in recent time, the right of judicial review of an option that can not be avoided for the 'correct' errors that might occur in a legal product to guarantee the protection of constitutional rights of citizens. The tendency in this direction can be seen from the desire of some community groups to apply for judicial review and claim that they are legal products containing controversial value both to the Supreme Court nor the Constitutional Court. If prior to the amendment of the 1945 Constitution, laws

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14

Dr., Deepak. "Human Rights and Right to Education in India." INNOVATIVE RESEARCH THOUGHTS 9, no. 2 (2023): 5–8. https://doi.org/10.5281/zenodo.14799607.

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Abstract: All of the rights that are part of our current society are referred to as human rights. In our current culture, one cannot exist as a human being without human rights. Human rights are fundamental rights that cannot be denied to anybody, regardless of race, caste, gender, faith, religion, or any other background. The Indian Constitution's Part III outlines rights as essential freedoms. The right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to cultural and educational freedoms, and the right to constitutional remedies a

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Widodo, Wahyu. "PERAN DAN FUNGSI DPD RI DALAM RANGKA MENUJU SISTEM BIKAMERAL YANG EFEKTIF MELALUI AMANDEMEN UUD 1945 KE-5." Jurnal Pembaharuan Hukum 1, no. 2 (2014): 121. http://dx.doi.org/10.26532/jph.v1i2.1462.

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An important aspect in the process of Indonesia's transition to democracy is in the field of constitutional reforms set out in the 1945 Constitution amendment One of the important change is in the form of a new state agency called the Regional Representative Council (DPD). Since the amendment, Indonesian parliamentary system has changed from a system of unicameral to a bicameral system. Manifestations of this institution has awakened hope that the local community problems of the region can be fought at the national level. However, if the note functions, powers and duties set out in Article 22

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Yusup, Ahmad. "Analisis Perubahan Ketiga Undang-Undang Mahkamah Konstitusi Ditinjau dari Perspektif Pembentukan Peraturan Perundang-Undangan Di Indonesia." Ajudikasi : Jurnal Ilmu Hukum 6, no. 2 (2022): 143–60. http://dx.doi.org/10.30656/ajudikasi.v6i2.4464.

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The third amendment to the Constitutional Court Act drew a lot of criticism, especially regarding the urgency of the change, considering that the Constitutional Court Law is not included in the priority prolegnas in 2020. There are two issues of the third amendment to the Constitutional Court Law that are highlighted in this article, namely, The Material Analysis of the Third Amendment to the Constitutional Court Law is based on the Regulation on the Formation of Laws and Regulations and the Formal Analysis of the Third Amendment to the Constitutional Court Law In terms of the Law on the Forma

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17

Dr., Rajiv Madhukar Pawar. "Critical Analysis of Implementation of PESA act in Maharashtra." International Journal of Advance and Applied Research 4, no. 18 (2023): 130–35. https://doi.org/10.5281/zenodo.8045864.

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In both letter and spirit, India is a plural society. It is challenging to cultivate democracy in a pluralistic society like India. However, there have been many attempts made by the Indian government to strengthen democracy. One of them is the 73rd Constitution Amendment. It inserted Part IX, Article 243 in the Constitution of India in 1993. The main objective is to decentralize power by creating a third level of Administration, also known as local self-government. Before this amendment, power was distributed between the center and the state, but due to the 73rd Constitution Amendments, power

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18

Bałaban, Andrzej. "O potrzebie zmiany polskiej konstytucji." Przegląd Prawa Konstytucyjnego 74, no. 4 (2023): 53–65. http://dx.doi.org/10.15804/ppk.2023.04.04.

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The Polish Constitution after 25 years does not need to be changed as a very modern and proven act of state practice. Urgent and thorough change is required by the political team that has led to the crisis of the system of law and the state. It is impossible to discuss the Constitution with people who do not know what it is and are only engaged in violating it. Today only inter-party brawling on substitute topics is possible. The article is a presentation of the author’s analyzes conducted in the context of changes in the understanding of constitutional law and concepts in its scope, with part

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DE CASTRO DOURADO CORDEIRO, WESLEY. "REFLEXÕES SOBRE O ASPECTO FORMAL DA EMENDA CONSTITUCIONAL Nº 106/2020 “ORÇAMENTO DE GUERRA." Revista Científica Semana Acadêmica 10, no. 228 (2022): 1–15. http://dx.doi.org/10.35265/2236-6717-228-12379.

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The purpose of this article is to study the formal aspect of the Constitutional Amendment n. 106/2020 not analyzed by STF. Among the measures to fight Covid-19 Pandemic, the Constitutional Amendment n. 106/2020 was proclaimed. Through this rule, an extraordinary fiscal, financial and contracting regime was authorized. The normative species that was conveyed presents an intriguing feature: it is a constitutional amendment that does not amend anything. The Constitutional Amendment n. 106/2020 does not amend the Constitution itself, nor the Transitory Constitutional Provisions Act, and it acts as

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Lailam, Tanto. "Konstruksi Pertentangan Norma Hukum dalam Skema Pengujian Undang-Undang." Jurnal Konstitusi 11, no. 1 (2016): 18. http://dx.doi.org/10.31078/jk1112.

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The study elaborated on the construction of “conflict of legal norms” in constitutional review scheme. There are eleven problems as result of this study, which include: The ideology of the state “Pancasila” as a standard review of “conflict of legal norms” act against 1945 constitution; Constitutional court has a review of act passed before and after 1945 Constitution amendment with standard of 1945 constitution; 1945 constitution is “the living constitution” for the enforcing of law and justice; Constitutional court has authority to review of act against 1945 constitution by vertical and hori

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Dixit Soni, Srishti. "Reservation Of Economically Weaker Sections Under the Constitution 103rd Amendment Act, 2019." Journal of Legal Studies & Research 08, no. 05 (2022): 266–78. http://dx.doi.org/10.55662/jlsr.2022.8505.

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The Constitution (One Hundred and Third Amendment) Act, 2019 introduced a maximum of ten per cent reservation to the “economically weaker sections” of society by amending Articles 15 and 16. This shall not be applicable to the categories already mentioned under Articles 15(4) and 16(4). Through this research paper the author aims to examine this amendment’s constitutionality and whether providing reservation to economically weaker sections is actually a task of the State or is it limited to providing equal opportunity to the socially backward classes. If the answer to the former question is af

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Zemánek, Jiří, Luboš Tichý, Richard Král, Pavel Svoboda, and Michal Tomášek. "Posudek k návrhu Ústavy Evropské unie." AUC IURIDICA 50, no. 1 (2025): 13–29. https://doi.org/10.14712/23366478.2025.28.

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It is possible to appraise the impacts of the Draft Constitution of the EU on the state sovereignty of the CR only in the context of the changes which will occur 11pon the country’s accession to the Union. A number of such changes will remain concealed from common view by the sober formulation of the so-called Euro-amendment of the Constitution of the CR (Const. Law no. 39512001 Coll.), which does not deal explicitly with the effects of EU law in the Czech legal environment. As submitted by the Convention, the Draft Constitution of the EU consolidates and elaborates the content of the existing

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Yun, Jeong-In. "Political Party Clause of the Korean Constitution: De Constitutione Ferenda." Korean Association of International Association of Constitutional Law 29, no. 1 (2023): 165–207. http://dx.doi.org/10.24324/kiacl.2023.29.1.165.

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The Korean Constitution’s political party clause(party clause) and party legislation which were designed during the authoritarian regime have since shaped the reality of party politics and the party system so far. Particularly, the theoretical background and legal argument that formed the basis for such party regulation still impact constitutional jurisprudence and judicial practice. This article thus explores a way forward to get out of the wrong path paved in the past that has led the Korean malfunctioning party politics. In scholarship and politics, the problem regarding the interpretation

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Domańska, Aldona. "Referenda konstytucyjne w Irlandii z marca 2024 r. Czy Irlandia zrobiła krok wstecz?" Przegląd Prawa Konstytucyjnego 81, no. 5 (2024): 195–210. https://doi.org/10.15804/ppk.2024.05.14.

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In Ireland, the institution of referendum is an important means of shaping the country’s political reality. As a result, the sovereign expresses his opinion on the most important issues, including changes to the constitution. Since the act was passed in 1937, citizens have voted on 40 amendments, 11 of which have been rejected. The last time this happened was on March 8, 2024. The 39 Amendment to the Constitution proposed to change the content of art. 41 so that it takes into account a broader concept of family. The purpose of amending Amendment No. 40 was expanding the concept of family care.

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Tibaka, Leli, and Rosdian Rosdian. "The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of the 1945 Constitution of the Republic of Indonesia." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 3 (2018): 266. http://dx.doi.org/10.25041/fiatjustisia.v11no3.1141.

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The amendment to the 1945 Constitution of the Republic of Indonesia has shown progress in respecting, protecting and fulfilling human rights in Indonesia. It is proven from the advanced provisions that have set the human rights material, starting from the affirmation of fundamental rights, individual rights, social rights, solidarity rights, and even the assertion of rights included in the category of not-derogable rights in the Second Amendment to the 1945 Constitution. The urgency of the Constitution 1945 as written constitution due to its status as the ultimate instrument to determine a nor

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Kazalska, Olga. "Domniemanie przyjęcia poprawki senackiej jako konstytucyjny standard procesu legislacyjnego." Przegląd europejski 1 (October 5, 2019): 75–92. http://dx.doi.org/10.5604/01.3001.0013.5175.

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On 5 August 2015, at the plenary sitting of the Sejm, was submitted the motion to adopt the Senate’s amendments. Despite obtaining an absolute majority of votes, the Marshal of the Sejm declared their rejection by the Sejm. Doubts regarding the compliance with all the requirements of the legislative procedure prompted the President of the Republic of Poland to bring the case to the Constitutional Tribunal for consideration. It was necessary to determine whether the presumption of adoption of the Senate amendment, adopted in the Constitution of 1997, is a regulation on the essential elements of

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Jirásek, Jiří. "The European Dimension of the Constitution of the Czech Republic." Gdańskie Studia Prawnicze, no. 2(59)/2023 (June 15, 2023): 65–78. http://dx.doi.org/10.26881/gsp.2023.2.05.

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Constitutional Act No. 395/2001 Coll., an amendment to the Constitution of the Czech Republic, led not only to constitutional confirmation of the relationship between Czech law and international law, but also to the possibility of the transposition of certain powers of constitutional bodies to an international organization or institution, which created a sufficient constitutional basis for European integration and the legal foundation on which it was possible to implement the accession of the Czech Republic to the European Union.

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Usenkov, Ivan. "Constitutional Stability in View of the 2020 Constitutional Reform in the Russian Federation." Legal Concept, no. 3 (October 2022): 52–56. http://dx.doi.org/10.15688/lc.jvolsu.2022.3.7.

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Introduction: the stability of the constitution is a special kind of stability, because if its relevance to rapidly changing social relations is usually fundamentally important for a normative act, then the constitution is largely designed to restrain the paroxysms of social development, carry the values of society through time and preserve the main directions of its development. The study attempts to give an answer about the prerequisite for the most natural and correct change of the constitutional act, despite the fact that, ultimately, it may depend on the specific conditions of constitutio

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Sebastian, John. "Article 15 and the Citizenship (Amendment) Act – A Thought Experiment ." Socio-Legal Review 17, no. 2 (2021): 200. http://dx.doi.org/10.55496/idmd3326.

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The Citizenship (Amendment) Act, 2019 (‘CAA’) has been the subject of many constitutional challenges and intense legal debate. Despite this, there has not been sufficient debate on the question of the applicability of Article 15(1)’s non-discrimination clause to the CAA. Article 15(1) of the Constitution prohibits the State from discriminating, inter alia, on the grounds of religion. Since the CAA covers those who are not currently citizens, and Article 15(1) mentions a citizen as its subject, many have argued that Article 15 cannot apply despite the CAA explicitly being grounded on religion.

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Haque, Masudul. "Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh." Asian Journal of Comparative Law 6 (2011): 1–28. http://dx.doi.org/10.1017/s2194607800000533.

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AbstractThe holding of free, fair, and credible elections in Bangladesh remains a big challenge. In an effort to ensure credible, free and fair elections, the Constitution was amended, known as the Constitution (Thirteenth Amendment) Act 1996. This provided some extraordinary powers to the titular President without mechanisms of proper accountability. This paper critically analyses the provisions of this amendment, particularly the role of the President. We argue that this innovation in holding election is itself unconstitutional. In light of the experiences from the events leading to the decl

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Owsley, Leonora. "If Held Holds: Held v. Montana and the Future of Constitutional Environmental Litigation." SMU Science and Technology Law Review 27, no. 2 (2024): 377. https://doi.org/10.25172/smustlr.27.2.8.

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The State of Montana is one of three states whose constitutions presently contain a “green amendment[.]” These amendments, enshrined in their respective Bills of Rights, protect a citizen’s fundamental right to a clean and healthy environment, ideally ensuring that the state’s government cannot infringe upon that right. However, following the green amendment’s adoption in 1972, Montana’s law still prioritized its extractive energy and hard rock mining industries over its citizens’ environmental rights. Now, that landscape is beginning to change. In 2011, Montana adopted an amended State Energy

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Siagian, Faisal Fahmi, and Jamilah Jamilah. "Tinjauan Yuridis Terhadap Alasan Penerbitan Peraturan Pemerintah Pengganti Undang Undang Nomor 1 Tahun 2014 Tentang Pemilihan Kepala Daerah." JUNCTO: Jurnal Ilmiah Hukum 2, no. 1 (2020): 78–86. http://dx.doi.org/10.31289/juncto.v2i1.238.

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Government Regulation in Lieu of Law (Perpu) is one type of statutory regulation that must exist in the legal system of the Republic of Indonesia as one of the logical consequences of adopting a presidential system in the government of the Republic of Indonesia whose existence is always maintained throughout the Indonesian constitution. This type of research is normative juridical research and is descriptive qualitative in nature. Data collection methods are library research and field study. The affirmation of the benchmarks of the establishment of the Government Regulation in lieu of this Act

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St-Hilaire, Maxime, Patricia F. Baud, and Elena S. Drouin. "The Constitution of Canada as Supreme Law: A New Definition." Constitutional Forum / Forum constitutionnel 28, no. 1 (2019): 7. http://dx.doi.org/10.21991/cf29374.

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Not only is there no clear answer in Canadian law as to what the 'supreme law' of Canada comprises, but no agreement on how to find that answer. In this short paper, we claim to solve the problem by proposing a new, workable, definition of the Canadian Constitution as supreme law that discards the document list approach of subsection 52(2), Constitution Act 1982, in favour of one that, through subsection 52(3), is based on the constitutional amendment procedure of Part V, which relates to provisions.

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St-Hilaire, Maxime, Patrick F. Baud, and Elena S. Drouin. "The Constitution of Canada as Supreme Law: A New Definition." Constitutional Forum / Forum constitutionnel 28, no. 1 (2019): 7–18. http://dx.doi.org/10.21991/cf29378.

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Not only is there no clear answer in Canadian law as to what the 'supreme law' of Canada comprises, but no agreement on how to find that answer. In this short paper, we claim to solve the problem by proposing a new, workable, definition of the Canadian Constitution as supreme law that discards the document list approach of subsection 52(2), Constitution Act 1982, in favour of one that, through subsection 52(3), is based on the constitutional amendment procedure of Part V, which relates to provisions.

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Jeong, Joobaek. "An Argument of Unconstitutionality of the proviso of Article 28 (1) of the Local Autonomy Act." Korean Constitutional Law Association 29, no. 2 (2023): 179–219. http://dx.doi.org/10.35901/kjcl.2023.29.2.179.

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Article 117, Paragraph 1 of the Constitution stipulates, “Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes.” Local governments seem to be able to independently enact ordinances within the scope of the law. By the way, Article 28, Paragraph 1 of the Local Autonomy Act states, “Local governments may enact ordinances regarding their affairs within the scope of laws and regulations. However, when determining matters concerni

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Darmadi, Nanang Sri. "KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA." Jurnal Hukum 28, no. 2 (2020): 1088. http://dx.doi.org/10.26532/jh.v28i2.9783.

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Fundamental changes in the 1945 is the amendment of Article 1 paragraph (2) as follows: "Sovereignty belongs to the people and carried out according to the Constitution". Change the 1945 Constitution has given rise to the Constitutional Court. By the Constitutional Court, the constitution guaranteed as the supreme law that can be enforced as it should. The Constitutional Court in its development, it is feared will be the agency that has authority super body.Particularly in resolving the matter related to its authority, the Constitutional Court can unilaterally interpret the Constitution withou

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Б, Баярбаатар, та Бумдарь Д. "2019 ОНЫ МОНГОЛ УЛСЫН ҮНДСЭН ХУУЛИЙН НЭМЭЛТ, ӨӨРЧЛӨЛТ: ТӨРИЙН САНХҮҮЖИЛТИЙН ЗОХИЦУУЛАЛТ, ОНОЛ". Politology 22, № 593 (2024): 164–75. http://dx.doi.org/10.22353/ps20241.16.

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Amendments to the Constitution of Mongolia were approved by the Great Khural of Mongolia on November 14, 2019, and ratified by the President of Mongolia on November 26, 2019. The amendment added the Nineteenth Article 1 to the Constitution. It includes: 1. The Party shall be established as set out in the paragraph 10 of the Article Sixteen of the Constitution, and shall formulate and conduct nation-wide policy. 2. The Party shall be formed by associatinguniting at least one percent of Mongolian citizens, eligible to vote in the election. 3. Internal organization of the party shall be in compli

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Pépin, Gilles. "L'irrecevabilité du projet de modification de l'article 96 de la Loi constitutionnelle de 1867." L'article 96 de la Loi constitutionnelle de 1867 26, no. 1 (2005): 239–49. http://dx.doi.org/10.7202/042662ar.

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In this paper, the author demonstrates that section 96 of the Constitution Act, 1867 is a source of political tensions. The « rules of the game » in construing section 96 are well known but are neither clear nor precise. The government has proposed a section 96B which should be relevant today as well as in the next century, but the new section should not be an obstacle to necessary changes in the judicial and administrative systems. Nevertheless, the new section 96B runs the risk of replacing one constitutional problem by another one. If section 96B was to be enforced, the Legislature could gi

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Kannabiran, Kalpana. "Political Reservation for Women: The (Un)making and Futures of the Constitution (106th Amendment) Act, 2023." Social Change 54, no. 1 (2024): 36–53. http://dx.doi.org/10.1177/00490857231222095.

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This article attempts to contextualise the issue of political reservation for women and trace the decadal shifts in articulation of this demand over 27 years, that is, since 1996, when it was first introduced as the 81st Amendment and defeated, until its passage as the Constitution (106th Amendment) Act, 2023. The wider contexts of the struggles for women’s rights to voice, visibility, and equality; the implementation of reservation for women with internal reservation for women from Scheduled Castes and Scheduled Tribes in the 73rd and 74th Amendments; and the recommendations of the Mandal Com

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Gellman, Robert M. "Les trois piliers de la politique de diffusion de l’information publique aux États-Unis." Revue française d'administration publique 72, no. 1 (1994): 593–602. http://dx.doi.org/10.3406/rfap.1994.2853.

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The Three Pillars of United States Government Information Dissemination Policy The dynamic American marketplace for information goods and services is supported by three constitutional and statutory policies for federal government information activities. These policies are found in the First Amendment to the Constitution, the Freedom of Information Act, and the Copyright Act of 1976 that prohibits the federal government from copyrighting its information. As more records are converted from paper to electronic, these policies work together to minimize monopoly and to maximize public access.

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Li, Chao. "Limitation of Religion Information Spread under Media Law." Lecture Notes in Education Psychology and Public Media 40, no. 1 (2024): 83–87. http://dx.doi.org/10.54254/2753-7048/40/20240709.

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This article's research aims to let people better understand that freedom of speech needs to be controlled and has boundaries and limitations. Although the First Amendment of the Constitution seems to provide a very broad scope of free speech, a series of other bills have been established to restrict related harmful speech for the sake of public health and social morality. It is very necessary to understand this boundary, which can protect people from serious consequences of their speech due to an unclear understanding of the law. This article will focus on the legal definition of "freedom of

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Ko, In Seok. "The Direction of the Decentralized Constitution for the Revitalization of Local Autonomy." Korean Public Land Law Association 100 (November 30, 2022): 317–44. http://dx.doi.org/10.30933/kpllr.2022.100.317.

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Despite the process of policy efforts for revitalizing local autonomy and decentralization, the crisis of local extinction and deepening fiscal power due to population decline are still not very helpful in balanced local development and securing local competitiveness. The reality is that securing balanced regional development and local competitiveness is difficult without the presentation of innovative alternatives through legal and institutional improvement. In the meantime, discussions on the decentralization-type constitutional amendment have continued since 2000, and even with the implemen

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Ko, In Seok. "The Direction of the Decentralized Constitution for the Revitalization of Local Autonomy." Korean Public Land Law Association 100 (November 30, 2022): 317–44. http://dx.doi.org/10.30933/kpllr.2022.100.317.

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Despite the process of policy efforts for revitalizing local autonomy and decentralization, the crisis of local extinction and deepening fiscal power due to population decline are still not very helpful in balanced local development and securing local competitiveness. The reality is that securing balanced regional development and local competitiveness is difficult without the presentation of innovative alternatives through legal and institutional improvement. In the meantime, discussions on the decentralization-type constitutional amendment have continued since 2000, and even with the implemen

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Baek, Yun-Chul, and Sung-Bum Jung. "A Study on Public Assistance Legislation in Taiwan." Korean Public Land Law Association 101 (February 28, 2023): 367–87. http://dx.doi.org/10.30933/kpllr.2023.101.367.

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The purpose of this study is to redefine the significance of social security rights under the constitution, stipulate them at the time of constitutional amendment, and strengthen them as a welfare state. To this end, the significance of social security rights under the Constitution is specified, the basic law on social security rights embodied under the Constitution is reviewed, and social security is classified into five categories: social insurance, public assistance, and social services. Korea is a constitutional welfare state, so it is the subject of the state's obligation to provide socia

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Bannian, Bushra, Sardar M. A. Waqar Khan Arif, and Syed Mudasser Fida Gardazi. "Legislation on Access to Information: The Perspective of Azad Jammu and Kashmir Right to Information Act." Global Legal Studies Review VI, no. IV (2021): 41–49. http://dx.doi.org/10.31703/glsr.2021(vi-iv).06.

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Information encourages active participation of public in affairs of state. Keeping in view the importance of Right to Information (RTI), the United Nations (UN) has termed it as “touchstone of all the freedoms to which the UN is consecrated”. The government introduced 13th Constitutional amendment in 2018 by which RTI was incorporated in Azad Jammu and Kashmir Interim Constitution, 1974. The fact that RTI has been explicitly protected by the constitution can’t be undermined however this constitutional provision needs assistance by an ordinary legislation. Because, only an Act can prescribe the

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Bannian, Bushra, Sardar M. A. Waqar Khan Arif, and Syed Mudasser Fida Gardazi. "Legislation on Access to Information: The Perspective of Azad Jammu and Kashmir Right to Information Act." Global Legal Studies Review VI, no. III (2021): 41–49. http://dx.doi.org/10.31703/glsr.2021(vi-iii).06.

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Information encourages active participation of public in affairs of state. Keeping in view the importance of Right to Information (RTI), the United Nations (UN) has termed it as "touchstone of all the freedoms to which the UN is consecrated". The government introduced 13th Constitutional amendment in 2018 by which RTI was incorporated in Azad Jammu and Kashmir Interim Constitution, 1974. The fact that RTI has been explicitly protected by the constitution can't be undermined however this constitutional provision needs assistance by an ordinary legislation. Because, only an Act can prescribe the

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Bzova, L., and A. Pankratova. "History and systems of control of constitutionality: international experience." Uzhhorod National University Herald. Series: Law 1, no. 75 (2023): 71–74. http://dx.doi.org/10.24144/2307-3322.2022.75.1.11.

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This article examines the historical evolution of constitutionality control, its concept and its various systems. In the study of modern constitutionalism, the topic of constitutional control, especially from the side of constitutional jurisdiction exercised by constitutional courts, is gaining more and more strength. The control of constitutionality is the supervision of the compatibility of regulatory acts with the constitutional text. From supremacy and constitutional centrality, any laws, to remain valid in the national legal system, must maintain respect, formal and substantive, for the c

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Cram, Ian. "Amending the constitution." Legal Studies 36, no. 1 (2016): 75–92. http://dx.doi.org/10.1111/lest.12090.

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How easy ought it to be to enact constitutional amendment? In the absence of constitutionally prescribed procedures, fundamental reforms in the UK can often appear hurried, under-consultative and controlled by transient political majorities. In the recent referendum on Scottish independence, the NO campaign's promise of additional powers to Holyrood in the face of a possible ‘Yes’ vote appears to fit this pattern (even if, for reasons of political sensitivity, it was not driven directly by members of the Coalition government). A recent sample of concluded constitutional reforms, including the

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Rajiakodi, M., and Dushyantraj Sahibram Mallick. "Local Government and Women." Shanlax International Journal of Arts, Science and Humanities 6, no. 4 (2019): 1–4. http://dx.doi.org/10.34293/sijash.v6i4.366.

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The 73rd Constitutional Amendment Act 1992 has made two important provisions for the involvement of women in decision making and preparation of plan for development. Let us elaborate it. This amendment has made a provision that at least one -third of women would be members and chairpersons of the Panchyats at three levels means at Gram Panchayat level, Panchayat Samiti level and Zilla Panchayat level. These women also include from scheduled caste and scheduled tribe communities. Secondly, Panchayats are also expected to prepare plans for economic development including the 29 subjects listed in

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M.Rajiakodi and Sahibram Mallick Dushyantraj. "Local Government and Women." Shanlax International Journal of Arts, Science and Humanities 6, no. 4 (2019): 1–4. https://doi.org/10.5281/zenodo.2619889.

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The 73rd Constitutional Amendment Act 1992 has made two important provisions for the involvement of women in decision making and preparation of plan for development. Let us elaborate it. This amendment has made a provision that at least one -third of women would be members and chairpersons of the Panchyats at three levels means at Gram Panchayat level, Panchayat Samiti level and Zilla Panchayat level. These women also include from scheduled caste and scheduled tribe communities. Secondly, Panchayats are also expected to prepare plans for economic development including the 29 subjects listed in

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