Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 137 for “"Constitutional Law"”.
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The new constitutional law.
… to Congress his plan for establishing the constitutionality of the New Deal by packing the Supreme Court. All of the justices then sitting have been replaced by Roosevelt and Truman appointees. After an unprecedented outburst of destructive activity in 1935 and 1936, in which the Court …
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The human right to resist in international and constitutional law
… recognition in contemporary international and constitutional law. It addresses the question of why and how the ‘right to resist’ can be conceptualized as an enforceable ‘human right’, and whether as such it can be positivized in law through codification and other recognition. Utilizing …
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The conflict between property rights and environmental rights under constitutional law
… and its implementation. Under South African constitutional law not only the Constitution of South Africa Act 200 of 1993 but also the Constitution of South Africa Act 108 of 1996 contains an 'environmental clause' in its Bill of Rights. The inclusion of an 'environmental clause' in a national …
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The Hermeneutical Reality of Constitutional Law: Understanding the Legality of Constitutional Adjudication
Under Turkey’s 1961 Constitution, the Constitutional Court of Turkey (CCRT) controversially invalidated several constitutional amendments. The prevailing explanatory paradigm about the CCRT, which I term the standard picture, suggests that these invalidations defy legal explanations. The standard …
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Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law
… the light of international and comparative case-law that the right to freedom of religion may be limited by a law that pursues a legitimate state interest and is reasonable. In light of this theoretical framework the thesis examines the practice of Muslim women wearing a headscarf and argues that …
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Tribunals, Trials, and Tribulations: The Impact of Administrative Law on Religious Freedom in the Supreme Court of Canada
… of the Charter in 1982, the interactions between law and politics have become an increasingly important consideration in Canadian political science. The literature has focused primarily on how the Charter has expanded the Supreme Court’s authority to shape the development of legislation, as well …
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Lawyers Need Law: A Study of Constitutional Arguments Made to State Supreme Courts
… of the U.S. Supreme Court, state judges, lawyers, and scholars in the 1970s argued for a new judicial federalism. State courts, using state constitutions, may provide protections exceeding the federal minimum. In addition to allowing states to experiment with solutions to rights disputes, …
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¿Cuál es el alcance de las facultades del juez en lo atinente a la adquisición, producción y valoración de la prueba en el proceso penal de la provincia de Buenos Aires?
According to our constitutional law (article 18) the legal process in court covers not only the right to prove the information that shows whether something is a fact or not; but also the right to have a fair hearing (article 14.1 International Covenant on Civil and Political Rights) . The …
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Not in my backyard: strategic infrastructure projects and the decision-making criteria to be applied to land-use planning applications
… be seen whether this draft legislation will pass Constitutional law scrutiny in its passage through Parliament. What is clear, however, is that the South African Government recognises the need for infrastructure development and appears to be determined to fast-track the development of strategic …
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The Ubiquitous Acceptance of an Exterminatory Legality: Rights, Framing, and Legal Opposition to Animal Farming
… with legal theoretical, doctrinal, and public/constitutional law arguments.
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Informality, Precarity, and (Mis)classification: Regulating Platform Work in India
… to them within the framework of labour and constitutional rights. It firstly argues that the exclusion of platform workers from the purview of the formalistic labour law in India is not a novel phenomenon but, rather, is situated along a continuum of exclusionary regulatory practices dating …
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Shifting Terrains: Upsetting the Balance Between Public Good and Private Interest in the Takings Debate
… emergence of corporate funded public interest law firms and umbrella organizations established to promote a free enterprise approach to constitutional law. Unless planners are willing to look at the political and judicial changes which have given rise to the reinterpretation of the Takings …
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In Search of the Constitution: How the Constitution Generated the Public Power in South Korea (1963-1979)
… institutional arrangements. Prevalent in Korean constitutional thought and practice, this view wholly fails to capture what it implies for how the polity governs or is governed. Because it assumes that the state and its constitutional law came into being prior to any structure of political …
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The separation of powers in Africa : a comparative analysis of Cameroon and South Africa, (c.1961-c.1996), with special reference to nation-building
… new grounds and seeks to demonstrate the role of law in these conflicts. The focus here is on the constitutional law paradigm of the separation of powers. The research is an investigation of the primordial role of the law in causing conflicts in Africa it seeks to demonstrate that the crises that …
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Konstitucinio Teismo jurisprudencijos įtaka bendrosios kompetencijos teismų ir administracinių teismų praktikai /
Constitutional law is the supreme law, which is developed via jurisprudence of a Constitutional Court. No act of legislation may contradict the Constitution, nobody is allowed to break the law of Constitution, constitutional law and order must be protected and the Constitution itself determines if …
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The politics of public records at Rome in the late republic and early empire
… of transition in the inter-connected fields of constitutional law, politics, and administrative practices. The political value of control over records is illustrated in the Struggle of the Orders and remained a dominant issue. That knowledge is power was a reality implicitly recognised in the …
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JUDICIAL COLLECTIVE ENFORCEMENT OF FUNDAMENTAL RIGHTS IN A MULTILEVEL EUROPEAN CONSTITUTIONAL PERSPECTIVE. A FOCUS ON THE ITALIAN CLASS ACTION REGIME
… innovation, have disrupted the multilevel constitutional landscape, now fragmented in standardised and massified relationships where inequalities are increasingly amplified. Against such backdrop, the democratic mechanisms of representation, on the one hand, and the traditional civil law …
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Supportive housing in the age of market fundamentalism : a human rights-based approach to the provision of supportive housing for mentally ill homeless people
… people. A rights-based strategy, emanating from constitutional law, is the most robust way to secure this support. The failure of New York State to provide supportive housing for mentally ill homeless people is a prima facie violation of human rights under domestic law (specifically, NYS …
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Readjusting Orthodoxy
… Orthodoxy”. It constitutes a discourse in UK constitutional law although legal theoretic, historical, politicial, philosophical, and EU-related complementary themes are also present. It is founded upon, and driven by, two fundamental, inter-related premises. First, that it is the orthodox …
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