the courts and the 1959 constitution
Tài liệu Importing the Law in Post-Communist Transitions The Hungarian Constitutional Court and the Right to Human Dignity pptx
Ngày tải lên :
18/02/2014, 11:20
... state In other words, because they are intended to protect individuals and they allow them the liberty to conduct their lives in their own and various ways, they recognise and protect the existence ... 137(2)) The general function of constitutional courts is to protect the constitution and to control the constitutionality of laws, and their competences are wideranging They generally encompass the ... state based on the rule of law It is governed according to the constitution and the laws of the country Similarly, Article 1.3 of the 1991 Romanian Constitution expands the notion of the rule of...
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Tài liệu Republican Legal Theory The History, Constitution and Purposes of Law in a Free State ppt
Ngày tải lên :
18/02/2014, 11:20
... aristocratic, and democratic power, in which the consuls executed the laws and controlled the army, the senate proposed the laws and controlled the treasury, and the popular assemblies passed the laws and ... explained the different roles of the senate, the people, and the magistrates, through which the senators debate, the people approve, and the magistrates execute the laws.52 The people have the authority, ... had stressed the importance of the common good, the corruption of kings, the authority of the senate, the balance of the constitution, and the sovereignty of the people.42 This set the tone for...
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The European Constitution Cases and Materials in EU and Member States’ Law pot
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16/03/2014, 03:20
... introduced by the Constitutional Treaty in the EU legal and political system They might also help to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the ... ratification procedures, thereby expressing their commitment to the Constitutional Treaty We have noted the outcome of the referendums in France and the Netherlands We consider that these results not ... not, and to analyse carefully the reasons for the negative results in France and the Netherlands, J The No votes appear to have been rather more an expression of dissent at the present state of the...
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THE ANCIENT CONSTITUTION AND THE FEUDAL LAW docx
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23/03/2014, 05:23
... sense of the importance of such things as the size and site of towns, the date of their construction, the development of sea power and the fertility of the soil, neither he nor the other Greek ... to the people, and agreeable to their nature and disposition, then they use it and practise it again and again, and so by often iteration and multiplication of the act it becometh a Custome; and ... that the laws of England must be the best in the world, because they were certainly the most ancient— older than those of Rome or Venice and from the Romans to the Normans the rulers of the land...
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SOCIAL RIGHTS AND MARKET FREEDOM IN THE EUROPEAN CONSTITUTION docx
Ngày tải lên :
23/03/2014, 05:23
... and the strengthening of the economic role of the state at the domestic level’.40 The creation of the ECSC in 1951 and the EEC (and Euratom) in 1957, in the name of the ideal of peacemaking and ... through the definition of the content and limits of the economic role of the state with respect to the market And in this context, therefore, through the actual determination of the breadth and relevance ... making the constitution – fuller in both form and extent – the legitimation criterion and ‘founding instrument’ of the power of the democratic state that rose again from the ruins of the war; and...
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Essentials of The American Constitution: The Supreme Court and the Fundamental Law docx
Ngày tải lên :
23/03/2014, 05:23
... pursuance of the Constitution -the supreme law of the land Judges were therefore obligated to observe and uphold the Constitution, not the conflicting law Both before and after Marbury, the debate ... judges The idea that the law is an objective standard and that the justices are merely applying this standard to issues brought to them despite their preferences and despite the demands of the public ... whether the courts should have the final say regarding the Constitution or whether Congress had an equal role in judging the constitutionality of its own enactments.12 Despite the intensity of the...
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Between Competition and Free Movement The Economic Constitutional Law of the European Community doc
Ngày tải lên :
30/03/2014, 01:20
... abandons the understanding of the constitution as higher law The social acceptance of the constitution is only one among the various elements of the constitution One should also try to avoid the danger ... predicated of the constitution unless the judiciary has the capacity and the duty to safeguard it vis-à-vis the other powers This definition goes well beyond the liberal and bourgeois constitution, ... commands, the law of one sovereign must apply at the expense of the law of the other, and in the federal or transnational union, if the union and integration—are to be meaningful, it must be the...
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THE NATIONAL COURTS MANDATE IN THE EUROPEAN CONSTITUTION
Ngày tải lên :
07/12/2015, 01:51
... overstep the limits of their constitutional mandate? Or should they uphold the Constitution and maintain their position in the constitutional equilibrium? Should they choose the constitutional mandate ... between the constitutional court on the one hand and the ordinary courts on the other What should the national courts in such circumstances? Should the judges bow to the Court of Justice and overstep ... A Strenuous Constitutional Dialogue 14 La Guerre des Juges? 14.1 Constitutional Courts and the Simmenthal Mandate: Are the Constitutional Courts under the Same Mandate as Ordinary Courts? 14.2...
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THE ATHENIAN CONSTITUTION potx
Ngày tải lên :
15/03/2014, 14:20
... on the register of the Thesmothetae Then, if the Thesmothetae accept it, they bring the accounts of this magistrate once more before the law-court, and the decision of the jury stands as the ... them, and if they plead guilty they are executed, but if they deny the charge the Eleven bring the case before the law -courts; if the prisoners are acquitted, they release them, but if not, they ... occasion when the Assembly meets in the theatre, they receive a shield and spear from the state; after which they patrol the country and spend their time in the forts For these two years they are...
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THE DYNAMIC CONSTITUTION An Introduction to American Constitutional Law potx
Ngày tải lên :
16/03/2014, 03:20
... the Laws Equal Protection and the Constitution Rational Basis Review Race and the Constitution: Invidious Discrimination Race and the Constitution: Disparate Impact Affirmative Action Gender and ... (the powers of which come from their own constitutions and not, interestingly and importantly, from the Constitution of the United States): The powers not delegated to the United States by the ... Despite the possibility of constitutionalism without judicial review, and despite the absence of any express reference in the constitutional text, the power of the courts to determine the constitutionality...
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whats wrong with the british constitution jan 2010
Ngày tải lên :
10/06/2014, 22:37
... together with the king, in one house) and the commons, who sit 20 What’s Wrong with the British Constitution? by themselves in another And the king and these three estates, together, form the ... established within the Kingdoms of England and Ireland the Dominion of Wales and Town of Berwick upon Tweed and the Territories thereunto belonging Because the English Parliament incorporated the Scottish ... distinct under the terms of the Treaty and Acts of Union Throughout his writings Dicey refers to ‘England’ and the ‘English Constitution to mean the United Kingdom and the British Constitution, ...
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the british constitution dec 2007
Ngày tải lên :
11/06/2014, 00:33
... is, the prime minister and the cabinet), the House of Lords, the House of Commons, the courts of law and, latterly, the people (in their guise as the electorate) To read The Law and the Constitution ... (i.e British) constitution and that went on to prompt the British to take such pride in their ‘matchless constitution during the French Revolution and the Napoleonic Wars and then for the better ... constitutions in this sense, and whether their constitutions are admirable or otherwise is, in this context, neither here nor there The academic lawyer J.A.G Griffith was using the notion of constitution ...
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Judgment Calls: Principle and Politics in Constitutional Law pptx
Ngày tải lên :
07/03/2014, 02:20
... fidelity to the past and the needs of the present, between the general and the particular, and between the abstract and the concrete And those are only the problems common to almost any aging constitution we ... shortly The Supreme Court and the states History thus left the federal courts and the states as the primary competitors for the role of constitutional arbiter In this context, however, the most ... state courts. 7 But the nationalist view that the United States was a nation rather than a confederation and therefore that the Supreme Court was the ultimate arbiter of the Constitution, to the...
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NORDIC AND OTHER EUROPEAN CONSTITUTIONAL TRADITIONS ppt
Ngày tải lên :
30/03/2014, 01:20
... will-formation (and execution) takes place The state is therefore at the very heart of this theory If unity (politically and legally) is the ultimate good, the ultimate evil, on the other hand, is the absence ... concerning the constitution of the EU The Fundamental Theories Applied to the European Union 3.1 The Theory of Popular Sovereignty Applied to the European Union The next step in the inquiry then would ... These theories in turn give us, at least, some answers to the question of the nature and the character of the EU The answers to these questions (what is the purpose of the EU, which are the foundations...
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Sentencing and the constitution
Ngày tải lên :
01/11/2013, 09:20
... on the Penal System (1978), Appendix E 51 52 Sentencing and the constitution the nineteenth century None the less, the gradual (and recently rapid) accretion of sentencing decisions from the ... their comments and it has the final decision on the form of the guidelines it issues This leads to the third matter The Council issues ‘definitive guidelines’, but what kind of law are these? They ... enforcement by the Court of Appeal 27 Home Office (2002), para 5.17 The proposal built on the examination of the issues and options in ch of Halliday (2001) 57 58 Sentencing and the constitution 2.3 The...
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Tài liệu EU ENLARGEMENT AND THE CONSTITUTIONS OF CENTRAL AND EASTERN EUROPE pdf
Ngày tải lên :
18/02/2014, 11:20
... into the role and rationale of the national constitutions in the process of European integration The book also considers the implications of the European Constitution, in the framework of the ... enlargement and the constitutions of cee 11 amended their constitutions in this respect during the process of ratifying the Maastricht Treaty.6 In Ireland, Austria and Sweden, the constitutions ... whereby the right of the citizens of other states to vote and stand in the elections, on the conditions provided in the treaties, was introduced prior to the ratification of the Maastricht Treaty The...
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Tài liệu THE VICTORIAN TAXPAYER AND THE LAW A Study in Constitutional Confl ict doc
Ngày tải lên :
18/02/2014, 11:20
... reduced, and a third reading of the bill in the Commons preceded the procedure through the Lords and the royal assent Only then would the tax be legally imposed on the subject Th is meticulous and ... dominated by the doctrine of the rule of law,147 and on this was based the constitutional theory of the separation of powers.148 After the revolution of 1689, the theory was refined and developed ... left the judges in the position merely of finding the meaning of the statute law, for they could not, constitutionally, make law themselves In these two ways the judges protected the rights of the...
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Tài liệu Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law doc
Ngày tải lên :
18/02/2014, 11:20
... about the Constitution is crippled by the irrepressible misconception that the Constitution is one and the same with the storied document It is easy enough to understand the document’s appeal, and ... to the Constitution itself.9 Nevertheless, and however much exegesis is required to move from the text of the Constitution to judicial decisions about the text, theorists insist that the warp and ... historical understandings of the practices that constitutional rights prohibited, on the one hand, and historical understandings of the practices that rights did not proscribe, on the other, and contends...
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British Government and the Constitution pptx
Ngày tải lên :
07/03/2014, 02:20
... I Constitution, state and beyond The British constitutional order Nature of the British constitution (a) Fundamentals and fluidity (b) Constitutional safeguards The constitution and the state Constitutional ... (b) The courts in the constitution: judicial review and judicial law-making (c) Judicial independence and the position of the Lord Chancellor (d) The courts and Parliament (e) Parliament and the ... Ward: Shakespeare and Legal Imagination Zander: Cases and Materials on the English Legal System Zander: The Law-Making Process British Government and the Constitution Text and Materials Sixth...
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