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Showing 1 to 14 of 14 for “"constitutional review"”.
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A public choice analysis of developing constitutional review in contemporary China
Constitutional review, the idea that adjudicators have the authority to invalidate laws or governmental actions that conflict with the constitution, has spread around the world over the past two centuries. However, there is no constitutional review in contemporary China. This dissertation uses the …
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The Politics of Constitutional Review: Evidence from the European Court of Justice
Judges who perform judicial review have the extraordinary power to strike down laws that do not conform to their own policy preferences. Their political independence is generally regarded as a normative good. In this work, I consider the microfoundations of judicial preferences and how those …
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The Constitutional Court of a More Mature Legal Order: Constitutional Review by the Court of Justice of the European Union
… from the perspective of its task of conducting constitutional review of EU legislation. It addresses a gap in the existing literature by providing a systematic analysis of how the methodology and intensity of constitutional review has changed over time. By focusing upon federalism and …
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Il sindacato di legittimità costituzionale sulla misura delle pene detentive: un'indagine comparata The constitutional review of excessive prison terms: a comparative study
… dealing with such a issue, both of the Italian constitutional court and the SCOTUS are analyzed in detail. There is also an in depth analysis of lower federal courts' and state courts' proportionality jurisprudence, and a focus on the most significant theoretical perspectives elaborated by U.S. …
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Ο ΠΟΛΙΤΙΚΟΣ ΕΛΕΓΧΟΣ ΤΗΣ ΣΥΝΤΑΓΜΑΤΙΚΟΤΗΤΑΣ ΤΟΥ ΝΟΜΟΥ. ΜΕΛΕΤΗ ΣΥΓΚΡΙΤΙΚΟΥ ΣΥΝΤΑΓΜΑΤΙΚΟΥ ΔΙΚΑΙΟΥ ΚΑΤΑ ΤΟ ΔΙΚΑΙΟ ΤΗΣ ΕΛΛΑΔΑΣ, ΤΗΣ ΓΑΛΛΙΑΣ ΚΑΙ ΤΗΣ ΟΜΟΣΠΟΝΔΙΑΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΗΣ ΓΕΡΜΑΝΙΑΣ
… POWER IN A STATE. THERE ARE LEGAL PROCEEDINGS OF CONSTITUTIONAL REVIEW, WHICH ARE USUALLY NEGLECTED BY THE THEORY OF HISTORICAL AND POLITICAL REASONS: ONE OF THEM IS THE POLITICAL REVIEW OF THE CONSTITUTIONALITYOF LAWS. WHAT PROCEEDINGS OF CONSTITUTIONAL REVIEW OF LAWS CAN BE QUALIFIED ASPOLITICAL …
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Ethnic Composition of Constitutional Courts in Ethnically Divided Societies: the cases of the Republic of Cyprus and Bosnia-Herzegovina
… the ethnically diverse composition of constitutional courts in ethnically divided societies by reference to consociational democracy. It seeks to contribute to the literature on consociational democracy and judicial diversity by examining how the consociational principle of …
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Constitutional limits on the application of the political question doctrine: a study of Kenya, South Africa and Ghana
… under the now widely embraced principle of constitutional supremacy. What was a call to complete abstention in the face of political questions has been replaced with a call for the constitutional review of political questions as judges continue to embrace their guardianship role over the …
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When evidence is not enough: Political, legal, and coalition determinants of tobacco standardized packaging adoption in Brazil and globally
… became consequential through agenda control, constitutional filtering, bicameral sequencing, and venue gatekeeping across Brazil’s Congress; and 3. To analyze how competing coalitions, their beliefs, and their strategic resources shaped SP outcomes across Brazil’s legislative venues. Methods …
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Does a dominant party democracy erode constitutional legitimacy? An analysis of the African national congress and the South African constitution
… is required into whether the legitimacy of constitutional supremacy remains intact as a state functioning under a dominant political party. There are certain pathologies which develop in a dominant political party state, pathologies which lead to autocratic rule and which has the potential …
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Judges and Their Loyalties: A Comparative Study Focused On the Venezuelan Supreme Court
… thorough analyses using a database of abstract constitutional review cases decided by the Venezuelan High Court between 1989 and 2009, specifically compiled for this project. I assess trends of the court's willingness to challenge the regime over time, and empirically test the court's proclivity …
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Making Fundamental Rights a Reality in EU Legislative Process : Ex ante Review of Proposals for EU Legislative Measures for their Compatibility with the Charter of Fundamental Rights of the European Union
This study looks at the ex ante review of fundamental rights in the EU legislative process. It examines the rights-based review, which is carried out at different phases of EU law-making procedure before the EU legal act concerned is formally adopted and entered into force. An ex ante review of EU …
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The interplay of judicial review and federalism choices in Brazil after the Republican Constitution of 1988
… Brazilian Constitution of 1988 impacts judicial review. In order to address this central question, this work was structured in three sub-questions designed to study specific federalism constitutional options pertinent to all distinct levels of Brazilian federalism, namely: federal union, states, …
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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 …