Academic literature on the topic 'Views on constitutional law'
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Journal articles on the topic "Views on constitutional law"
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Barak, Aharon. "Unconstitutional Constitutional Amendments." Israel Law Review 44, no. 3 (2011): 321–41. http://dx.doi.org/10.1017/s0021223700018082.
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This paper deals with the question of an amendment to the constitution that has been made pursuant to the formal requirements of the constitution but deviates from its basic structure. The paper explores different views regarding this question in comparative law. It also examines the applicability ofthe doctrine of unconstitutional constitutional amendments in Israel.
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Gageler, Stephen. "James Bryce and the Australian Constitution." Federal Law Review 43, no. 2 (2015): 177–200. http://dx.doi.org/10.22145/flr.43.2.1.
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James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.
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Чиркин, Вениамин, and Vyeniamin CHirkin. "GLOBALIZATION AND THE BASIC CHANGES OF MODERN CONSTITUTIONS." Journal of Foreign Legislation and Comparative Law 2, no. 1 (2016): 0. http://dx.doi.org/10.12737/18200.
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On the basis of a positive and contrasting comparison, as well as content analysis of new constitutions and fundamental amendments to them the changes in their content, which occur as a result of the modernization, integration and globalization are considered. Modernization and economic (in fact, the economic and political) integration of states leads to the creation of a new form of supranational public legal formation with a different quality of public authorities and supranational law (the most prominent example is the European Union), as globalization leads to the spread of the general regulations of constitutional development in new countries and peoples. The processes of internationalization of the constitutions, the new phenomenon of constitutional convergence, harmonization and antagonisms on a world scale are appeared. Constitutional globalization is seen as the most general direction of development of the constitutional law of the world countries. Modernization and economic integration of states often involves the adoption of the principal amendments to the Constitution, “the Basic Law”, or even the whole constitution in the Muslim fundamentalism countries, where such a document as the Constitution, previously was considered unacceptable and was replaced by the Quran and Sunnah. In the countries of totalitarian socialism the processes of convergence has occurred (on the aspects of regulation of economic relations), but there is no harmonization, there are antagonisms with the constitutional decision of the basic questions of social and political system. In the states — members of the European Union the traditional position of the State Sovereignty is revised, new views on the national and supranational authorities are appeared. The mutual influence of international, supranational (so far only in the EU) and constitutional law takes place.
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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 institution under the Australian Constitution, outlining the risks of settling for a legislated body alone.
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Emery, Robert. "Church and State in the Early Republic: The Covenanters' Radical Critique." Journal of Law and Religion 25, no. 2 (2009): 487–501. http://dx.doi.org/10.1017/s0748081400001223.
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Constitutional scholars pay particular attention to the historical context of the First Amendment, to the relationship between the state and religion in the early republic. Missing from this academic examination of church-state history, however, is any serious consideration of the views of the Reformed Presbyterian Church, popularly known as the Covenanters, views that challenged the fundamental presuppositions of the United States Constitution, both as established in the early national period and as applied today. A typical modern American, citizen or scholar, cannot help but be startled by a coherent, closely reasoned body of doctrine that trenchantly criticizes such fundamental American assumptions as government by consent of the governed or the free exercise of religion. Covenanter criticism of the church-state relations not only presents a model of church and state radically different from today's conventional American theories, but also throws light on the American paradigm as it existed during its developmental period. Reformed Presbyterians of the early republic criticized the federal Constitution from a world view so radically different from that of the founders that their criticisms highlight aspects of the generally accepted constitutional regime in ways that conventional constitutional scholars have scarcely considered.
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Baranger, Denis. "The Language of Eternity: Judicial Review of the Amending Power in France (or the Absence Thereof)." Israel Law Review 44, no. 3 (2011): 389–428. http://dx.doi.org/10.1017/s0021223700018112.
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In several rulings from 1962, 1992, and 2003, the French Constitutional Court (Conseil constitutionnel) has denied jurisdiction over constitutional amendments. This article shows that this solution can only be understood in the light of the doctrinal background that provides its intellectual justification. While refusing to judicially review constitutional amendments, the Constitutional Court is in fact deeply involved in the ongoing process of altering the Constitution. Also, while the quasi-official doctrinal analysis insists on the absence of material limits to the amendment of the Constitution, and on the absence of any “supra-constitutional” rules, an analysis of the language used by the Court in these rulings offers reasons to diverge from this view. While the Court has refused to review constitutional amendments, it has done so in a way that comes very close to the language used by those courts that stated that such amendments were justiciable. Far from adhering to a mere policy of neutrality and self-restraint, the Constitutional Court speaks a “language of eternity” with a rich substantive content.
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Romeo, Graziella. "The Conceptualization of Constitutional Supremacy: Global Discourse and Legal Tradition." German Law Journal 21, no. 5 (2020): 904–23. http://dx.doi.org/10.1017/glj.2020.50.
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AbstractThis Article argues that a) constitutional supremacy is affected by the legal tradition, which implies that it is a concept largely shaped by the legal context in which it is elaborated, and b) the common law version of constitutional supremacy determines a sort of cultural resistance to constitutional imperialism. In making its argument, this Article begins with the doctrine of sources of law with a view to unpack its operational logic within the common law and, therefore, to understand how the supremacy of constitutions is conceptualized. It then examines the embryonic conceptualization of constitutional supremacy in the British legal culture by addressing the “constitutional statutes.” It goes on to analyse how constitutional supremacy is safeguarded in jurisdictions that are affected by the British tradition and equipped with written constitutions, to show how constitutions concretely established themselves as supreme laws without neglecting the relevance of traditions pre-dating the constitutional texts. It then shows how the common law finds its way to be applied alongside or even instead of the constitution. Eventually, this Article offers some conclusions as to the implications of such a conceptualization of constitutional supremacy for comparative and global constitutional studies.
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Peabody, Bruce G. "Congressional Constitutional Interpretation and the Courts: A Preliminary Inquiry into Legislative Attitudes, 1959–2001." Law & Social Inquiry 29, no. 01 (2004): 127–75. http://dx.doi.org/10.1111/j.1747-4469.2004.tb00332.x.
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Through theoretically informed inquiry into congressional attitudes toward the Constitution and the courts as well as survey research of two modem Congresses, this study considers the prospects and implications of a more salient legislative role in constitutional affairs. By analyzing survey responses from the 86th (1959–61) and 106th (1999–2001) Congresses, and the political context in which these views were formed, this essay explores the legislature's evolving conception of its role and capacities as a constitutional interpreter. Among other findings, Congress demonstrates a persistent and somewhat surprising interest in asserting an independent, distinctive constitutional voice, although it has somewhat conflicted and underdeveloped views about how to achieve this objective. While this essay points to significant barriers to fostering a coherent and forceful congressional presence in constitutional decision making, it also suggests institutional organizations and strategies that may be promising bases for promoting this goal.
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Lerner, Hanna. "Permissive Constitutions, Democracy, and Religious Freedom in India, Indonesia, Israel, and Turkey." World Politics 65, no. 4 (2013): 609–55. http://dx.doi.org/10.1017/s0043887113000208.
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The article addresses the question of what role formal constitutions play in mitigating intense conflicts over the religious character of the state. In contrast to common views in constitutional and political scholarship, it demonstrates that the ideal of liberal constitutionalism is not compatible with the political reality and types of conflicts that characterize religiously divided societies. Analyzing four processes of constitution drafting in which issues of religious law and religious identity were at the heart of the debate—India, Indonesia, Israel, and Turkey—it argues that under deep disagreement over the state's religious character, the drafters adopt either a permissive or a restrictive constitutional approach. While the former implies strategies of constitutional ambiguity, ambivalence, and avoidance in order to allow the political system greater flexibility in future decision making on religion-state relations, the latter approach uses repressive constitutional constraints designed to limit the range of possibilities available to future decision makers. The article further explores the long-term consequences of the two approaches and argues that (1) permissive constitutional arrangements, more than restrictive arrangements, are likely to promote the democratic functioning of future governments; and that (2) permissive constitutional arrangements may facilitate greater freedom of religion, but they are also likely to lead to greater restrictions on freedom from religion, compared with restrictive constitutions.
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Zalewski, Bartosz. "Conceived child as a subject of right to life." Legal Culture 1, no. 2 (2019): 46–57. http://dx.doi.org/10.37873/legal.2018.1.2.22.
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The aim of this article is to outline the arguments in favour of acknowledging an unborn child as a subject of constitutional law with the right to life (Article 38 of the Constitution of the Republic of Poland). For this purpose, the article presents an overview of the case law of the Constitutional Tribunal as well as views of legal academics and commentators and judicial decisions concerning the right to life, the concept of subject of law, and the legal position of an unborn child. Furthermore, the article reviews the international law and the case law of international tribunals. Although the Constitutional Tribunal stipulates that every person, including an unborn child, is entitled to legal subjectivity (in the judgement on case No. K 26/96), it may seem that the reasoning in this judgement is still rejected in the literature regarding both constitutional and civil law.
Dissertations / Theses on the topic "Views on constitutional law"
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Marais, Ernst Jacobus. "Acquisitive prescription in view of the property clause." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/18004.
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Thesis (LLD )--Stellenbosch University, 2011.<br>ENGLISH ABSTRACT: Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is
regulated by two prescription acts. Prescription is mostly regarded as an unproblematic area
of South African property law, since its requirements are reasonably clear and legally certain.
However, the unproblematic nature of this legal rule was recently brought into question by
the English Pye case. This case concerned an owner in England who lost valuable land
through adverse possession. After the domestic courts confirmed that the owner had lost
ownership through adverse possession, the Fourth Chamber of the European Court of Human
Rights in Strasbourg found that this legal institution constituted an uncompensated
expropriation, which is in conflict with Article 1 of Protocol No 1 to the European
Convention on Human Rights and Fundamental Freedoms 1950. This judgment may have
repercussions for the constitutionality of prescription in South African law, despite the fact
that the Grand Chamber – on appeal – found that adverse possession actually constitutes a
mere (constitutional) deprivation of property. Therefore, it was necessary to investigate
whether prescription is in line with section 25 of the Constitution.
To answer this question, the dissertation investigates the historical roots of prescription in
Roman and Roman-Dutch law, together with its modern requirements in South African law.
The focus then shifts to how prescription operates in certain foreign systems, namely
England, the Netherlands, France and Germany. This comparative perspective illustrates that
the requirements for prescription are stricter in jurisdictions with a positive registration
system. Furthermore, the civil law countries require possessors to possess property with the
more strenuous animus domini, as opposed to English law that merely requires possession
animo possidendi. The justifications for prescription are subsequently analysed in terms of
the Lockean labour theory, Radin’s personality theory and law and economics theory. These
theories indicate that sufficient moral and economic reasons exist for retaining prescription in
countries with a negative registration system. These conclusions are finally used to determine
whether prescription is in line with the property clause. The FNB methodology indicates that
prescription constitutes a non-arbitrary deprivation of property. If one adheres to the FNB
methodology it is equally unlikely that prescription could amount to an uncompensated
expropriation or even to constructive expropriation. I conclude that prescription is in line with
the South African property clause, which is analogous to the decision of the Grand Chamber
in Pye.<br>AFRIKAANSE OPSOMMING: Verkrygende verjaring (“verjaring”), ‘n oorspronklike wyse van verkryging van eiendomsreg,
word gereguleer deur twee verjaringswette. Verjaring word grotendeels beskou as ‘n
onproblematiese aspek van die Suid-Afrikaanse sakereg, aangesien die vereistes daarvan
taamlik duidelik en regseker is. Nietemin is die onproblematiese aard van hierdie
regsinstelling onlangs deur die Engelse Pye-saak in twyfel getrek. Hierdie saak handel oor ‘n
eienaar wat waardevolle grond in Engeland deur adverse possession verloor het. Nadat die
plaaslike howe die verlies van eiendomsreg deur adverse possession bevestig het, het die
Vierde Kamer van die Europese Hof van Menseregte in Straatsburg bevind dat hierdie
regsreël neerkom op ‘n ongekompenseerde onteiening, wat inbreuk maak op Artikel 1 van die
Eerste Protokol tot die Europese Verdrag van die Reg van die Mens 1950. Hierdie uitspraak
kan implikasies inhou vir die grondwetlikheid van verjaring in die Suid-Afrikaanse reg, ten
spyte van die Groot Kamer se bevinding – op appèl – dat adverse possession eintlik neerkom
op ‘n grondwetlik geldige ontneming van eiendom. Derhalwe was dit nodig om te bepaal of
verjaring bestaanbaar is met artikel 25 van die Suid-Afrikaanse Grondwet.
Vir hierdie doel word die geskiedkundige wortels van verjaring in die Romeinse en Romeins-
Hollandse reg, tesame met die moderne vereistes daarvan in die Suid-Afrikaanse reg,
ondersoek. Daar word ook gekyk na hoe hierdie regsreël in buitelandse regstelsels, naamlik
Engeland, Nederland, Frankryk en Duitsland, funksioneer. Hierdie regsvergelykende studie
toon dat verjaring strenger vereistes het in regstelsels met ‘n positiewe registrasiestelsel.
Verder vereis die sivielregtelike lande dat ‘n besitter die grond animo domini moet besit, wat
strenger is as die Engelsregtelike animus possidendi-vereiste. Die regverdigingsgronde van
verjaring word vervolgens geëvalueer ingevolge die Lockeaanse arbeidsteorie, Radin se
persoonlikheidsteorie en law and economics-teorie. Hierdie teorieë illustreer dat daar
genoegsame morele en ekonomiese regverdigings vir die bestaan van verjaring is in lande
met ‘n negatiewe regstrasiestelsel. Hierdie bevindings word ten slotte gebruik om te bepaal of
verjaring bestaanbaar is met die eiendomsklousule. Die FNB-metodologie toon dat verjaring
neerkom op ‘n geldige, nie-arbitrêre ontneming volgens artikel 25(1). Indien ‘n mens die
FNB-metodologie volg is dit eweneens onwaarskynlik dat verjaring op ‘n ongekompenseerde
onteiening – of selfs op konstruktiewe onteiening – neerkom. Gevolglik strook verjaring wel
met die Suid-Afrikaanse eiendomsklousule, welke uitkoms soortgelyk is aan dié van die
Groot Kamer in die Pye-saak.
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GAIO, DANIEL. "THE INTERPRETATION OF PROPERTY LAW IN VIEW OF THE CONSTITUTIONAL PROTECTION OF THE URBAN ENVIRONMENT." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=17357@1.
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FUNDAÇÃO DE APOIO À PESQUISA DO ESTADO DO RIO DE JANEIRO<br>Este trabalho consiste em uma análise acerca do processo de interpretação
do direito de propriedade urbana, buscando definir o seu conteúdo e os seus
limites a partir da totalidade dos valores constitucionais, em especial a função
social da propriedade, a proteção do meio ambiente e as funções sociais da cidade.
Nesse sentido, tendo como pressupostos a busca pela harmonização dos bens
constitucionais e a preservação do núcleo essencial dos direitos fundamentais, o
texto analisa as implicações indenizatórias decorrentes das vinculações ambientais
e urbanísticas ao direito de propriedade urbana. Além da adoção dessa
metodologia constitucional, propõe-se que a incorporação das mais-valias à
propriedade realizada pelo Poder Público e o valor econômico agregado das áreas
verdes e bens culturais sejam incluídos como variáveis na análise das pretensões
indenizatórias. Em uma perspectiva mais ampla, o trabalho também apresenta a
possibilidade de aplicação de técnicas urbanísticas, as quais permitem garantir o
conteúdo essencial do direito de propriedade urbana e efetivar o direito à cidade
ao conjunto dos cidadãos.<br>This work consists on an analysis about the process of interpretation of the
urban property law. It seeks to define its contents and limits based on the totality
of the constitutional values, particularly the social function of the property, the
protection of the environment and social functions of the city. The text analyzes
the compensations/reparations as a result of the environmental and urbanistic
aspects of the property law, considering the harmonization of constitutional
principles and the preservation of the essence of the fundamental rights. Besides
the adoption of this constitutional methodology, it is also aimed the inclusion of
green areas and cultural possessions as factors to be considered in the moment of
giving compensations/reparations. In a broader perspective, the work also presents
the possibility of applying urbanistic techiniques which will be able to guarantee
the essential content of the urban property law and will make the right to the city
accessible to all citizens.
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Koch, Carolina Augusta. "The right to a view : common law, legislation and the constitution." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71650.
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Thesis (LLD)--Stellenbosch University, 2012.<br>Includes bibliography<br>ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to protect such views and courts sometimes in fact grant orders that provide such protection. This dissertation aims to establish whether South African law does indeed not acknowledge a right to a view and whether there are any exceptions to the general rule against the recognition of the right to a view. The principle that the existing view from a property is not an inherent property right is rooted in Roman and Roman-Dutch law. This principle was received in early South African case law. Inconsistency in the application of the principle in recent case law renders its development uncertain. An analysis of recent decisions shows that the view from a property is sometimes protected in terms of servitudes or similar devices, or by virtue of legislation. In other instances, property owners attempt to prevent the erection of a neighbouring building that will interfere with their existing views, based either on a substantive right or an administrative shortcoming. When the protection of view is based on a limited real right (servitudes or similar devices) or legislation, it is generally effective and permanent. Conversely, when it is founded on a substantive right to prevent building on neighbouring land or an administrative irregularity rendering a neighbouring building objectionable, the protection is indirect and temporary.
A comparative study confirms that the position regarding the protection of view is similar in English and Dutch law. Constitutional analysis in terms of the methodology developed by the Constitutional Court in FNB indicates that cases where view is protected are not in conflict with section 25(1) of the Constitution of the Republic of South Africa, 1996. The investigation concludes with an evaluation of policy considerations which show that the position with regard to a right to a view in South African law is rooted in legitimate policy rationales.<br>AFRIKAANSE OPSOMMING: 'n Inherente reg op die bestaande, onbelemmerde uitsig vanaf 'n eiendom word nie deur die Suid-Afrikaanse reg erken nie. Desnieteenstaande poog eienaars dikwels om die uitsig vanaf hul eiendomme te beskerm en soms staan die howe bevele tot dien effekte toe. Dit skep die indruk dat die Suid-Afrikaanse reg wel die bestaande uitsig vanaf 'n eiendom as 'n inherente eiendomsreg erken of dat sodanige uitsig minstens onder sekere omstandighede beskerm kan word. Hierdie verhandeling het ten doel om onsekerhede betreffende die algemene beginsel oor 'n reg op uitsig uit die weg te ruim en om lig te werp op gevalle waar 'n onbelemmerde uitsig wel beskerm word. Die Romeinse en Romeins-Hollandse reg het nie 'n reg op uitsig erken nie. Hierdie posisie is deur vroeë regspraak in die Suid-Afrikaanse regstelsel opgeneem. 'n Ondersoek na latere Suid-Afrikaanse regspraak toon egter aan dat howe wel onder sekere omstandighede, skynbaar strydig met die gemeenregtelike beginsel, beskerming aan die onbelemmerde uitsig vanaf eiendomme verleen. 'n Eerste kategorie sake behels gevalle waar die uitsig vanaf 'n eiendom deur 'n beperkte saaklike reg, in die vorm van 'n serwituut of 'n soortgelyke maatreël, of ingevolge wetgewing beskerm word. In 'n tweede kategorie sake word die beskerming van 'n uitsig deur middel van 'n aanval op die goedkeuring van 'n buureienaar se bouplanne bewerkstellig. Sodanige aanval kan óf op 'n substantiewe reg óf op 'n administratiewe tekortkoming berus. Die onderskeie kategorieë verskil wat betref die doelmatigheid en omvang van die beskerming wat verleen word. 'n Saaklike reg of wetgewing verleen meestal effektiewe en permanente beskerming. Hierteenoor het 'n aanval op die goedkeuring van 'n buureienaar se bouplanne hoogstens indirekte en tydelike beskerming van die uitsig tot gevolg. Regsvergelyking bevestig dat die Engelse en Nederlandse reg die Suid-Afrikaanse posisie ten opsigte van'n reg op uitsig tot 'n groot mate eggo. Grondwetlike analise aan die hand van die FNB-metodologie dui daarop dat die gevalle waar uitsig wel beskerming geniet nie strydig is met artikel 25(1) van die Grondwet van die Republiek van Suid-Afrika, 1996 nie. Bowendien regverdig beleidsgronde die behoud van die huidige beginsel in die Suid-Afrikaanse reg.
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Smithey, Shannon Ishiyama. "Judicial Adaptation to the Uncertainties of Constitutional Transformation : The Canadian Supreme Court and Courts of Appeal Under The Charter of Rights and Freedoms /." The Ohio State University, 1994. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487861396023798.
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Garrison, Gary Lee. "FEDERALISM, ANTI-FEDERALISM AND THE ROLE OF THE NINTH AMENDMENT IN CONSTITUTIONAL DISCOURSES." Miami University / OhioLINK, 2005. http://rave.ohiolink.edu/etdc/view?acc_num=miami1115304485.
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Tarsitano, Alberto. "The Principle of Contributory Capacity as the Foundation of the Financial Constitution A Doctrinary and Jurisprudential View." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118714.
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The content and function of the contribution capacity principle has been a controversial issue for economists and jurists. Through the jurisprudence of the Constitutional Court of Peru, the author claims the capacity of contribution as an implied constitutional principle to award a self-governing function from other principles (legality, equality and non confiscatory) and recognize the outstanding methodological contribution to the Financialand Taxation law unit.<br>El contenido y función del principio de capacidad contributiva ha sido una cuestión controvertida por economistas y juristas. A través de la jurisprudencia del Tribunal Constitucional de Perú, el autor reivindica la capacidad contributiva como principio constitucional implícito, para adjudicarle una función autónoma de otros principios constitucionales (legalidad, igualdad y no confiscatoriedad) y destacar el aporte metodológico a la unidad del derecho financiero y tributario.
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Landa, Arroyo César. "The comparative constitutional law on national constitutional system: with regard to the IX World Congress of Constitutional Law." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116290.
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From the process of globalization of law, the comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and constitutional democracy; standards of free elections and judicial independence; freedom of expression, media pluralism and access to public information; the economic,social and cultural rights; the new fundamental rights.<br>A partir del proceso de globalización del derecho, el derecho constitucional comparado ha ido adquiriendo un rol protagónico para una mejor comprensión y solución de los viejos y nuevos desafíos constitucionales, tanto nacionales como internacionales. Por ello, se presentan algunos presupuestos y consideraciones temáticas a tomar en cuenta para el desarrollo del ordenamiento constitucional nacional en el marco del derecho constitucional comparado, tales como la universalidad y el relativismo de los derechos humanos; el concepto de poder y democracia constitucional; los estándares de elecciones libres e independencia judicial; la libertad de expresión, la pluralidad informativa y el acceso a la información pública; los derechos económicos, sociales y culturales, y; los nuevos derechos fundamentales.
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Mustapha, Nadira. "Muhammad Hamidullah and Islamic constitutional law." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33916.
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The socio-political tranquility of Hyderabad-Deccan preceding 1948 facilitated much educational and cultural advancement. This rapidly developing environment provided Hamidullah with the ideal opportunity for educational growth, having earned five degrees related to the field of law by the age of 28 in 1936. He began writing at age 18, and thereafter he dedicated his life to literary pursuits. Today, he has written over 100 books and 900 articles; he speaks over 20 languages and writes in over 10 languages. Along with one of his major areas of focus, Islamic constitutional law, he has written on a variety of other subject areas, ranging from Islamic theology to Islamic history, from Qur'anic exegesis to Orientalism.<br>This thesis attempts to study five books in the field of Islamic constitutional law by Dr. Muhammad Hamidullah in order to provide a sample to judge and analyze his scholarship. Against the background of Hamidullah's historical and political context coupled with his high level of religiosity, the thesis will examine his utilization of the scientific approach throughout his writings. This thesis furthermore looks at the potential reasons he chose the path of study that he did, dedicating his entire life to the literary sphere and to a lesser degree the political sphere. It focuses on Hamidullah's thought and methodology as they emerged from his social and political background and as he expressed them in his literary achievements. This thesis, therefore, sets out to develop a critical analysis of Hamidullah's works, his philosophical perspective, and his contribution to contemporary scholarship.<br>Hamidullah has contributed to Islamic scholarship by making available Islamic literature to mixed audiences since he follows the scientific approach, writes in a variety of languages, and covers a wide range of unique topics. Indeed Dr. Muhammad Hamidullah is a well-esteemed scholar of formidable status and prestige in numerous fields of Islamic history.
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Yap, Po Jen. "Constitutional dialogue in common law Asia." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648886.
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Fischer, Robert. "Die Offenheit des deutschen Grundgesetzes und der spanischen Verfassung für den Fortgang der europäischen Integration zugleich ein Beitrag zur Dogmatik von Art. 23 I GG und Art. 93 S.I CE /." Konstanz : Hartung-Gorre Verlag, 1999. http://catalog.hathitrust.org/api/volumes/oclc/50569710.html.
Full textBooks on the topic "Views on constitutional law"
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Kagzi, Mangal Chandra Jain. The present constitutional issues and views. Metropolitan, 1987.
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2
John, Taylor. New views of the Constitution of the United States. Lawbook Exchange, 2002.
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John, Taylor. New views of the Constitution of the United States. Regnery Pub., 2000.
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Ikemi, Takeshi. Miyazawa Toshiyoshi Shi no 8-gatsu kakumeisetsu de Nihon-koku Kenpō wa jūtai. Ikemi Gakuen, 1992.
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Castan, Melissa. Federal constitutional law: A contemporary view. Lawbook Co., 2001.
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Joseph, Sarah. Federal constitutional law: A contemporary view. 3rd ed. Lawbook Co., 2010.
Find full textBook chapters on the topic "Views on constitutional law"
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Bork, Robert H. "Tradition and Morality in Constitutional Law." In Judges on Judging: Views from the Bench. CQ Press, 2017. http://dx.doi.org/10.4135/9781071800942.n20.
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Sutton, Jeffrey S. "What Does—and Does Not—Ail State Constitutional Law." In Judges on Judging: Views from the Bench. CQ Press, 2017. http://dx.doi.org/10.4135/9781071800942.n34.
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Kaye, Judith S. "State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions." In Judges on Judging: Views from the Bench. CQ Press, 2017. http://dx.doi.org/10.4135/9781071800942.n35.
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Schroeder, Werner. "The Rule of Law As a Value in the Sense of Article 2 TEU: What Does It Mean and Imply?" In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_5.
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AbstractThe rule of law is a value on which the European Union is founded, and which shall be respected and observed by its Member States. This value is not merely an ethical standard but a binding legal principle that is applicable to legal disputes under Union law. The treaties, however, do not provide a definition of this principle. From a Union law perspective, it is therefore indispensable to determine the rule of law more precisely; not only is it referred to in treaty law (Article 2 TEU), but understood by Union courts as a constitutional meta-principle that informs other constitutional norms and may justify review proceedings and sanctions against Member States. The Commission Framework to strengthen the Rule of Law of 2014 does not suffice to shape a ‘Union rule of law’. It relies primarily on the case law of the Court of Justice of the European Union. Yet, this judicial concept of the rule of law is somehow restricted as it focuses almost exclusively on the role of the judicial branch in the Union’s constitutional system. Common European constitutional traditions, however, show that the core concern of the rule of law is the containment of public authority by institutional arrangements. In view of these traditions and the practice of the Union institutions, including the CJEU, consensus at the Union level might be achieved on the fact that the rule of law comprises not only strictly formal standards, but also material criteria of justice related to the juridical shaping of decision-making processes. These elements of the rule of law are intrinsically linked to fundamental rights and shall ensure that within the scope of Union law any public power is exercised in a non-arbitrary and legitimate way. To this end, the Union rule of law may not only be understood as a formal set of objective norms, but as ensuring the protection of individual rights as well.
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König, Doris. "The Consequences of Sentenza 238/2014: What to Do Now?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_11.
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AbstractThis chapter illustrates the two ways in which national constitutional courts can deal with a conflict between international or European law on the one hand and national constitutional law on the other hand. The dualist approach of not complying with international or European law comes at the risk of undermining respect for an external legal order and in the author’s view should thus be used in exceptional cases only. The chapter argues that the test of equivalent protection is more constructive but requires a close relationship between the legal orders involved. Therefore, this option is difficult to apply in cases which are about conflicts with international and not with European law. In Sentenza 238/2014, the Italian Constitutional Court chose a dualist approach. Although the legal path has not been exhausted yet (Germany could bring another case before the International Court of Justice), the author advocates negotiations with the aim of achieving a political solution which takes into account the interests of all parties involved.
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Heringa, Aalt Willem. "Constitutional Law." In Introduction to Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57252-9_8.
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Heringa, Aalt Willem. "Constitutional Law." In Introduction to Law. Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06910-4_8.
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Wellman, Carl. "Constitutional Law." In Constitutional Rights -What They Are and What They Ought to Be. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31526-3_1.
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Kim, Jongcheol. "Constitutional Law." In Introduction to Korean Law. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-31689-0_2.
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Christian, Bumke, and Voßkuhle Andreas. "25 Art. 28 para. 2 GG: Autonomy of Municipalities." In German Constitutional Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198808091.003.0025.
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This chapter considers the relevant provisions of Art. 28 para. 2 of the Grundgesetz (GG) with regard to municipal autonomy. There are two contrasting views on what this autonomy means: the first argues that autonomy is the management of the community's own affairs, whereas the second describes it as indirect state administration. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the question of whether Art. 28 para. 2 GG and the corresponding provisions of state constitutions guarantee the continued existence of individual municipalities and districts. It then discusses the responsibilities of municipalities in regulating the administration of local affairs, focussing on the principle of substantive allocation of responsibilities and the scope of the guarantee of municipal self-government. It also analyses the right of municipalities and associations of municipalities to carry out certain tasks independently, noting that the guarantee of independence guarantees local government entities as traditional ‘sovereign rights’.
Conference papers on the topic "Views on constitutional law"
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Svetlov, Anton. "THE ADVISABILITY OF AMENDING THE CONSTITUTION OF THE RUSSIAN FEDERATION: ARGUMENTS «FOR» AND «AGAINST»." In Current problems of jurisprudence. Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02032-6/170-177.
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The article deals with the issue of amending the main law of the Russian Federation. It is noted that the Russian Constitution contains certain provisions which contradict each other and therefore difficult to apply at practice. The author is trying to answer the question whether it is possible to change constitutional provisions without undermining the constitutional system of Russia and what is the decision-making mechanism. There are two points of view analyzed on this issue.
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Vujisic, Dragan. "VLADAVINA PRAVA I USLUGE." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.003v.
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In the first part of the paper are analyzed different views of the rule of law: liberaldemocratic, then positivistic view and, finally, defining of the rule of law as the rule of positive-law order of particular properities. In addition to these the three theoretic orientations, one more classification was pointed out - formal and materaialistic aspect of the rule of law. Besides, the principles and institutions of the rule of law were analyzed: legitimacy of power, division of power, independent judiciary, legitimacy expressed in terms of the ideas of constitution and lawfulness, constitutional guarantees of human and civil rights, existence of free economy and economic activities. The subject of the second part of this paper are services. Nowadays, services are the motor of economic growth and include, especially in developed countries of EU, more then 70% of EDP, employees, new economic subjects, and service activities also make up over 70% of all the activities. The service sector includes different, heterogenic services the number of which is getting higher and higher. The service activities are numerous and performed in various sectors such as trading, communications, financing, government administration, health department, social welfare, media, education, tourism, catering, sport and others. We are all witness to the constant growth of service sector in view of continuous broadening of the range of services and the influence upon the economic development of the state. Law regulations of the services in the Republic of Serbia were analized as well as its harmonization with the law regulations at the level of EU and the need for its further upgrading and improvement.
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Turanjanin, Veljko. "UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18305.
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The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.
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Komilov, Bobirjon. "NEW JUDICIAL REFORM IN NEW UZBEKISTAN." In SCIENCE AND EDUCATION: IMPORTANT ISSUES OF THEORY AND PRACTICE. INTERNATIONAL SCIENTIFIC AND CURRENT RESEARCH CONFERENCES, 2021. http://dx.doi.org/10.37547/iscrc-intconf11-01.
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This article provides a detailed overview of the role of the judiciary in democracies, the views of scholars on the concept of the judiciary, as well as efforts to reform the judicial system in the Republic of Uzbekistan and the expected results. In addition, based on the Constitution and the law of the Republic of Uzbekistan, the principles of independence of the judiciary and the rule of law, as well as the content of judicial reform initiated by President Shavkat Miromonovich Mirziyoyev were highlighted.
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Glushkova, Svetlana. "Liberal Ideas of B.N. Chicherin: The Past and The Present." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-25.
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Russian liberal heritage, first of all, the scientific works of the famous Russian legal expert Boris Chicherin, is the fundamental basis for the developing science of human rights in modern Russia; it is from this position that this article examines Chicherin’s work. The main purpose of the study is to identify Chicherin’s priorities in shaping new progressive ideas for Russia and to examine the transformation of his views. In examining and analysing Chicherin’s liberal ideas, historical, logical and comparative methods were applied. It has been concluded that Chicherin set the foundation of the liberal theory of human rights, elaborated a set of progressive ideas and a blueprint of reforms, which determined the formation of several generations of liberals in autocratic Russia and are still relevant today. Defending the priority of private law over public law, Chicherin argued: a civil order based on private law must always be free from state absorption. He was among the first in Russia to develop the idea of a constitutional state in relation with the creation of free institutions and the formation of a high intellectual and moral level of society. By developing the new policy of ‘liberal measures and strong state authority’ as an optimal model for Russian state and society, Chicherin gave rise to the formation of political science in Russia. The author believes that the analysis and discussion of Chicherin’s academic writings in university classrooms and at academic conferences contribute to the formation of a culture of human rights, a liberal worldview, a new generation of reformers, and the advancement of the emerging science of human rights.
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Kovačić Markić, Lana. "THE PAST AND FUTURE OF SAME-SEX RELATIONSHIP IN EUROPE (THE ANALYSIS OF EU AND ECTRH LAW STANDARDS IN VIEW OF THEIR INFLUENCE ON NATIONAL CONSTITUTIONAL STANDARDS)." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11950.
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Gusev, Andrey, and Oleg Kozhevnikov. "Legal Facts in Federal Constitutional Proceedings." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.022.
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Salman, Radian, and Rosa Ristawati. "Constitutional Dialogue in the Indonesia Election Law: Tension between the Indonesian Constitutional Court and the Legislature." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010052701560162.
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Makushin, Aleksandr Aleksandrovich. "Constitutional Law: New Approach to Definition." In АКТУАЛЬНЫЕ ВОПРОСЫ РАЗВИТИЯ ГОСУДАРСТВЕННОСТИ И ПУБЛИЧНОГО ПРАВА. Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2020. http://dx.doi.org/10.47645/978-5-6044512-3-6_2020_1_39.
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Romashov, Roman, Vladislav Panchenko, Konstantin Shushpanov, Ivan Makarchuk, and Oleg Savin. "Constitutional Legal Systems in the Modern World." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.036.
Full textReports on the topic "Views on constitutional law"
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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.
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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Iaryczower, Matias, Pablo Spiller, and Mariano Tommasi. Judicial Lobbying: The Politics of Labor Law Constitutional Interpretation. National Bureau of Economic Research, 2005. http://dx.doi.org/10.3386/w11317.
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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.
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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Tanner, Murray S. China Confronts Afghan Drugs: Law Enforcement Views of The Golden Crescent. Defense Technical Information Center, 2011. http://dx.doi.org/10.21236/ada540536.
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Rassokha, Ekaterina. LEGAL PROBLEMS OF INTERNATIONAL SECURITY IN THE CURRENT ENVIRONMEN. Intellectual Archive, 2021. http://dx.doi.org/10.32370/iaj.2559.
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The article reflects the main views on international security problems in the legal aspect and identified actual problems and contradictions in the application and compliance with international humanitarian law norms.