Relevant bibliographies by topics / Constitutional law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Constitutional law'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 September 2024

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Journal articles on the topic "Constitutional law"

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Alexander, Larry. "WHAT ARE CONSTITUTIONS, AND WHAT SHOULD (AND CAN) THEY DO?" Social Philosophy and Policy 28, no. 1 (November 30, 2010): 1–24. http://dx.doi.org/10.1017/s0265052510000038.

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AbstractA constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander proceeds as follows: In section I he takes up law's principal function of settling controversies over what we are morally obligated to do. In section II he then relate law's settlement function to the role of constitutional law. In particular, he discusses how constitutional law is distinguished from ordinary law, and he also discusses the role of constitutions in establishing basic governmental structures and enforcing certain moral rights. In section III he addresses the topic of constitutional interpretation, and in section IV the topic of judicial review. Finally, in section V, he discusses constitutional change, both change that occurs through a constitution's own rules for amendments and change that is the product of constitutional misinterpretations and revolutions.
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Boyron, Sophie. "The ‘New’ French Constitution and the European Union." Cambridge Yearbook of European Legal Studies 11 (2009): 321–51. http://dx.doi.org/10.1017/s1528887000001622.

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AbstractFor a long time, French constitutional law did not appear to concern itself unduly with the European Communities and the process of European integration: the French Constitution did not contain any reference to the European Communities and the Conseil constitutionnel had little involvement with international treaties and their enforcement as a result of an early decision. However, the ratification of the Maastricht Treaty in 1992 triggered a process of deep constitutional change in France. Since then, the text of the French Constitution has been repeatedly amended to respond to the quickening pace of European integration. Furthermore, the Conseil constitutionnel has totally transformed its control of the constitutionality of international treaties. An assessment of these constitutional changes seems opportune at this juncture. More specifically, an investigation into the manner in which the French constitution reacted to the changing European Union helps cast some light on the impact of European integration on national constitutions.
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Fedorenko, V. L., and M. V. Fedorenko. "Principles of constitutional law: essence, content and system." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 160–66. http://dx.doi.org/10.33663/2524-017x-2022-13-25.

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The publication is devoted to identifying the essence and content of the category of “principle of constitutional law” and identifying its relationship with related but not identical categories: values, ideals, foundations, principles, objectives, mandatory rules, laws, etc. Genesis and development of ideas about the principles of constitutional law and their consolidation in constitutions and constitutional acts are analyzed. The systematization of the main types of relevant principles and groups is carried out: principles of constitutionalism and constitutional doctrine, principles of science and education of constitutional law, principles of the constitution, as well as principles of constitutional law-making, law enforcement and justice (jurisdictional) activities. It is argued that modern constitutions enshrine in the norms-principles the most important values of the constitutional order: the rule of law, rule of law, freedom and democracy, the inviolability of fundamental human rights, etc. But their real embodiment presupposes unification and interaction of civil society with the state. Key words: principle, principle of constitutional law, system of principles of constitutional law, principle of constitutionalism, principle of the Constitution, principles of the science of constitutional law.
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Costa, Renato. "John Finnis and the central case constitution." Journal of Legal Philosophy 49, no. 1 (April 26, 2024): 25–49. http://dx.doi.org/10.4337/jlp.2024.01.02.

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This article formulates a novel conception of constitutions based on John Finnis’s jurisprudential work. The ‘central case constitution’ transcends the formal or functionalist analyses currently dominant in constitutional theory by considering a constitution as having a ‘double life’. Constitutions are necessarily and intrinsically normative and factual. The article explores Finnis’s natural law philosophy, emphasizing the central case constitution’s alignment with the practical reasonableness viewpoint and its role in directing a political community towards its common good. Focusing on key elements such as the rule of law and the context of a political community, the central case constitution emerges as a legal determination that structures society, frames political institutions and authoritatively directs communities towards justice. This ontological understanding has theoretical and practical implications, including identifying genuine constitutional purposes, safeguarding private associations from the overwhelming state presence, promoting community identity and accommodating diverse constitutional choices for self-determination.
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Palmer, Sir Geoffrey. "The Hazards of Making Constitutions: Some Reflections on Comparative Constitutional Law." Victoria University of Wellington Law Review 33, no. 3-4 (December 1, 2002): 631–60. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5815.

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After teaching comparative constitutional law in the United States, Sir Geoffrey Palmer explores the nature of constitutional law in general terms and how New Zealand could learn from others. The author compares New Zealand's uncodified constitution to, for example, the United States who has a codified written constitution. The article then discusses the entrenched nature of some constitutions, compared to New Zealand's flexible and fluid constitution that exists largely in several ordinary statutes. Because of New Zealand's fragmented constitution, it is argued that its constitution has an unclear and indeterminate status; indeed, constitutional policy hardly makes an appearance in New Zealand politics. The author briefly looks at how constitutions protect fundamental rights and constitutional design in general terms, concluding that New Zealand's discussions on constitutional themes are too infused with analytical positivism, legalism, and traditionalism for policy issues. Finally, the author discusses the role of Fiji's constitution in light of its military coups. The author concludes that constitutional reform is needed in New Zealand in the form of a written and codified constitution.
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Frowein, JA. "Constitutional law and international law at the turn of the century." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.

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Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.
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Carcassonne, Guy. "France Conseil Constitutionnel on the European Constitutional Treaty. Decision of 19 November 2004, 2004-505 DC." European Constitutional Law Review 1, no. 2 (May 19, 2005): 293–301. http://dx.doi.org/10.1017/s1574019605002932.

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The only real surprise of the recent decision of the French Conseil constitutionnel [constitutional Council] concerning the compatibility between the European and the French Constitutions was the timing of it. According to Article 54 of the French Constitution, a treaty may be submitted for constitutional review at any time before ratification. In this instance, Jacques Chirac acted with unusual promptness, submitting his request on the very day the Treaty was signed, 29 October 2004. The Conseil itself reacted with equal speed, issuing its decision exactly three weeks later on 19 November 2004. Behind both courses of action lies the shadow of political concern related to the Socialist Party referendum on the European Constitution.
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Marwiyah, Siti, M. Syahrul Borman, Ruba'ie Ruba'ie, M. Chotib Ramadhani, Retno Saraswati, and Non Naprathansuk. "The Educational Role of The Constitutional Court in Compliance of Indonesian Citizens." LAW REFORM 19, no. 1 (August 11, 2023): 148–68. http://dx.doi.org/10.14710/lr.v19i1.53971.

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The Constitutional Court (MK) has a strategic position, authority, and obligation to determine the future of the Indonesian nation. This study aims to examine the educational role of the Constitutional Court in developing a constitutional understanding of Indonesian citizens constitutionally. This research used doctrinal legal research method, a process to find the rule of law, legal principles, and legal doctrines to answer the legal problems faced. The results showed the educative role of the Constitutional Court in fostering constitutional understanding of Indonesian citizens by creating programs to promote constitutional understanding of Indonesian citizens, i.e.: increasing the understanding of citizens' constitutional rights; disseminating information on the Constitutional Court, and development of constitutional awareness culture.; debate on student constitutions between universities throughout indonesia; telling the values of Pancasila on social media; and increasing understanding of the constitutional rights of civics with outstanding teachers; and educating people's attention. The Constitutional Court's products in the form of decisions contain public education on compliance with the Constitution correctly and rationally. The Constitutional Court's decision will always be linked to the public with the Constitution and the interests of justice seekers because the court examines the interests of justice seekers related to the Constitution.
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Barseghyan, Sose. "Manifestation of Direct Application of Constitutional Norms in the Field of Law Enforcement." Bulletin of Yerevan University C: Jurisprudence 14, no. 2 (39) (December 14, 2023): 61–68. http://dx.doi.org/10.46991/bysu:c/2023.14.2.061.

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The article refers to the application of constitutional norms by the courts and the interpretation given in the practice of the Constitutionl Court. In particular, the right of a person to seek judicial linitgation to protect his/her constitutional rights, the jurisdiction of the courts to apply the Constitution, the relantionship between the principle of supremacy of Constitution and the concept of implementantion of Constitution, the duty of ordinary courts to appeal to the Constitutional court and simultaneously justify unconstitutionality of a legislative norm, have become the subject of discussion. The article proposes an effective application of the constitutional nroms, introduction of flexible and applicable mechanisms for constitutional justice.
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van Caenegem, R. C. "Constitutional History: Chance or Grand Design?" European Constitutional Law Review 5, no. 3 (October 2009): 447–63. http://dx.doi.org/10.1017/s1574019609004477.

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Two interpretations of constitutional history: product of chance or of design – Written v. unwritten constitutions – Political and historical backdrop of constitutional development – Evolution of interpretation of specific constitutional texts – Chances of a global constitution
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Dissertations / Theses on the topic "Constitutional law"

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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.
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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Cadinot, Clément. "Les Préambules des constitutions : approche comparative." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0340.

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Les préambules constitutionnels sont répandus à travers le monde, depuis le constitutionnalisme de la fin du XVIIIème. A ce jour, plus de deux constitutions sur trois dans le monde en sont précédées. Pourtant, leur nature suscite un faible intérêt pour la doctrine, voire même un rejet. Pourtant, l'intérêt que leur porte constituants contemporains et l'utilisation qui en est faite par les juges constitutionnels invalide cette position de principe. Il convient de s'attacher à la variété des préambules constitutionnels à travers le monde, en dégager des fonctions et comprendre leurs utilisations contentieuses (ce qui n'exclut nullement la possibilité que certaines juridictions constitutionnelles ne s'y réfèrent pas). A ces fins, une approche marco-comparative puis micro-comparative semblent nécessaires pour embrasser cet objet juridique rarement étudié de manière systématique
Constitutional Preambles are worldwide spread from the late 18st Century constitutionalism. And today, more than two to three constitutions are opened with such a Preamble. Yet, regarding to their particuliar nature, law studies dealing with them are quite rare, if not deny them. However, the certain onstituents'interest to them and their use by constitutional judges just disprove it. A broad and methodic study dealing with the wide range of Preambles shall be established in ordre to understand their functions and their judicial uses - though a jurisdiction can not use them. To that end, a broad - macro-comparativ - and then a micro-comparativ study must be done, since a systematic study on Preambles has not been done
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Bertrand, Marine. "Documents parlementaires et écriture de la loi." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0495/document.

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Les choix réalisés par les parlementaires dans l’exercice de leurs fonctions sont le résultat d’une analyse des motivations des citoyens. La morale est de plus en plus invoquée au sein de la sphère politique. De la vision portée sur le monde dépend la stabilité d’un système politique car une crise de moralité peut tout bouleverser. Les religions ne sont plus les premières sources de conduites, les mœurs non plus, et l’altérité n’est plus d’aucun secours. L’être humain est plus que jamais en quête d’un idéal. La référence à une norme supérieure pourrait-elle être remplacée par la référence à une norme suprême ? C’est sous ce vocable qu’apparaît la constitution dont l’importance va alors au-delà de l’impact normatif. Le droit constitutionnel et le droit parlementaire sont étroitement liés. Les citoyens ont non seulement besoin de définir la place du parlement au prisme d’une aspiration idéalisée, mais aussi que le rôle du parlement doit s’y conformer autant que possible. La difficulté est alors de savoir si la vie parlementaire doit immuablement s’accorder aux règles constitutionnelles ou si à l’inverse la construction évolutive des pratiques parlementaires doit guider des mutations constitutionnelles. Le pouvoir législatif exercé par les parlementaires dépend des fondements juridiques de leurs prérogatives mais aussi des éléments qui fondent leurs choix ainsi que les conséquences qui y sont attachées. Autrement dit, écrire la loi est un phénomène qui présente nécessairement des antécédents. Ces éléments peuvent être appréhendés sous forme de documents. Ainsi le sujet s’intitule : « Documents parlementaires et écriture de la loi »
The choices made by parliamentarians in the exercise of their functions are the result of an analysis of the motivations of citizens. Morality is more and more invoked within the political sphere. The vision of the world depends on the stability of a political system because a crisis of morality can upset everything. Religions are no longer the first sources of conduct, nor is morality and otherness no longer helpful. The human being is more than ever in search of an ideal. Could the reference to a higher standard be replaced by the reference to a supreme standard? It is under this term that the constitution appears whose importance goes beyond the normative impact. Constitutional law and parliamentary law are closely linked. Citizens not only need to define the place of parliament through the lens of an idealized aspiration, but also that the role of parliament must conform as much as possible to it. The difficulty is then to know if the parliamentary life must immutably agree to the constitutional rules or if conversely the evolutionary construction of the parliamentary practices must guide constitutional changes. Legislative power exercised by parliamentarians depends on the legal basis of their prerogatives but also on the elements that underpin their choices and the consequences attached to them. In other words, writing the law is a phenomenon that necessarily has antecedents. These elements can be apprehended as documents. The subject is entitled "Parliamentary documents and the writing of the law"
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Amit, Roei. "Les paradoxes constitutionnels : le cas de la constitution israélienne /." Paris : Connaissances et Savoirs, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/528178245.pdf.

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Wamunyima, Mbololwa. "Constitution making in Zambia : the need for a new perspective." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1243.

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"While public participation in constitution-making is recognised under international law, its extent is not elaborated. This has resulted in governments pursuing constitution-making processes that, despite involving public participation, do not involve meaningful public participation. As shall be illustrated in this study, this is the dilemma faced in Zambia. Zambia has experienced constitutional instability since independence. It has had four constitutions since then, and is currently in the process of making its fifth. This will represent an average of a new constitution every eight years: one of the highest rates of constitutional change in Commonwealth Africa. This is an unimpressive record in so far as it is generally accepted that a constitution defines and limits the exercise of governmental power, and regulates major political activities in a country. It cannot, therefore, be frequently subjected to change like any other ordinary piece of legislation. ... This study constitutes five chapters. Chapter one introduces the study. Chapter two analyses the origins and nature of government and constitution. Chapter three examines and analyses the constitutional development process in Zambia from the pre-colonial period to the current time. In chapter four, the making of the current constitution of South Africa is duscussed and analysed. Chapter five provides the conclusion and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Prof. Edward Kofi Quashigah at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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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.
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.
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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SCHOLTES, Julian. "The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.

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Defence date: 21 January 2022
Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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Tremblay, Luc B. "The cement of constitution : the rule of law; an essay in Canadian constitutional theory." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334837.

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Smilov, Daniel. "Judicial discretion in constitutional jurisprudence : doctrines and policies of the Bulgarian constitutional court." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.275738.

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Books on the topic "Constitutional law"

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Kharel, Laxmi Prasad. Constitutional law & comparative Nepalese constitutions. Kathmandu: Laxmi Prasad Kharel, 2012.

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Parliament, Cornish Stannary. The Cornish constitution: Constitutional law. Redruth: Cornish Stannary Publications, 2002.

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Barron, Jerome A. Constitutional law. 2nd ed. St. Paul, Minn: West Pub. Co., 1987.

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Barron, Jerome A. Constitutional law. 4th ed. St. Paul, Minn: West Publ., 1995.

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Barron, Jerome A. Constitutional law. 5th ed. St. Paul, Minn: West Group, 1999.

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Barron, Jerome A. Constitutional law. 6th ed. St. Paul, Minn: Thomson/West, 2003.

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Barron, Jerome A. Constitutional law. 3rd ed. St. Paul, Minn: West Pub. Co., 1991.

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Redlich, Norman. Constitutional law. 2nd ed. New York, NY (11 Penn Plaza, New York 10001): M. Bender, 1989.

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Weinrib, Lorraine. Constitutional law. 2nd ed. Toronto: Faculty of Law, University of Toronto, 2003.

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Rautenbach, I. M. Constitutional law. 2nd ed. Durban: Butterworths, 1996.

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Book chapters on the topic "Constitutional law"

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Heringa, Aalt Willem. "Constitutional Law." In Introduction to Law, 165–99. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57252-9_8.

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Wellman, Carl. "Constitutional Law." In Constitutional Rights -What They Are and What They Ought to Be, 1–17. Cham: 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, 31–84. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-31689-0_2.

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Heringa, Aalt Willem. "Constitutional Law." In Introduction to Law, 157–88. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06910-4_8.

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Brownsword, Roger. "Constitutional Law." In Technology, Governance and Respect for the Law, 139–56. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003315599-20.

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Bauman, Richard W. "Constitutional Law." In Critical Legal Studies, 73–92. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-11.

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Parris, Henry. "Law and Administration." In Constitutional Bureaucracy, 160–84. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003488163-7.

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Nann, John B., and Morris L. Cohen. "Constitutional Law, 1780s." In The Yale Law School Guide to Research in American Legal History, 98–119. Yale University Press, 2018. http://dx.doi.org/10.12987/yale/9780300118537.003.0005.

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This chapter discusses sources for information about the United States and state constitutions; constitutional conventions, especially the Constitutional Convention of 1787; the ratification of the U.S. Constitution; and the ratification of the Bill of Rights and other amendments. Although the Constitution of the United States is extremely important to American law and legal history, researchers should keep in mind that it is not the only constitution in play, nor was it the first. Even before the Declaration of Independence was promulgated on July 4, 1776, states had begun to work on their own constitutions. Meanwhile, sources of information about the Constitutional Convention of 1787 include materials about the Continental Congress. While comparatively little material is available from the actual constitutional convention, a great deal of information from the process of the Constitution's ratification exists.
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Elisa, Arcioni. "Part III Themes, Ch.14 Citizenship." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0015.

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This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no mention of ‘citizenship’. Instead, formal membership of the Australian community is determined by reference to the constitutional categories of ‘subjects of the Queen’ and ‘people of the Commonwealth’ and through the legislative definition of citizenship under federal law. These peculiar features of the Australian context reflect what is generally assumed to be the modest role of the Constitution in determining national identity and the fact that Australia was not an independent nation at the time of the Constitution's drafting. Developments in legislation, constitutional jurisprudence, and mooted constitutional amendments all point towards a greater role for the Constitution in determining Australian ‘citizenship’ in the future.
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Gerard, Carney. "Part II Constitutional Domain, Ch.12 State Constitutions." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0013.

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This chapter explores the peculiar role and status of the State Constitutions in Australia: how they provide for the constitutional system of each State, the extent to which they operate as superior law, and the relationship they have with the Commonwealth Constitution. The Constitutions of the six Australian States are less well known than the Australian Constitution, although their history is longer and their existence is fundamental to the Australian constitutional order. Their most significant feature is that they exist as legal instruments separate from the Australian Constitution. Pre-existing the Australian Constitution as the Constitutions of the colonial forebears of the States, they were retained ‘as is’ upon federation, except in so far as they were qualified by the Australian Constitution in order to create the federal system. No change was imposed, however, on the substance or structure of the new State Constitutions.
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Conference papers on the topic "Constitutional law"

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Balodis, Ringolds. "Skatījums uz Satversmes konstitucionāliem algoritmiem: to loģika, lietderīgums un pamatotība." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.07.

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The use of numbers in constitutions is quite widespread and, in some cases, in a constitution they may form some constitutional “formulas”, which are incorporated into the constitution with a special task, and the application of which has corresponding legal consequences. The current study will analyse a rather specific constitutional element – constitutional algorithms, which can be considered as an open legal concept, assessing their logic, usefulness and validity. The constitutional algorithms resemble an instruction, – similarly to mathematics or computer science that cannot be ignored or overlooked – they make it possible to model a specific result while giving the participants of the constitutional process the opportunity to predict the consequences of their actions. Some of the constitutional algorithms (quorums) are oriented towards obtaining a majority, whereas there are also those that determine the exclusive rights of an opposition of parliament, ensure the election procedure, etc. The algorithms of the Latvian Satversme (Constitution) have been taken over from the constitutionalism process and also developed at the Satversmes sapulce (Constitutional Assembly), or adjusted in accordance with the procedure for amending the Satversme with the will of the Saeima (the Parliament of Latvia) as the constitutional legislator. All algorithms of the Constitution and their formulas must be considered as political compromises. The issue of the algorithms of the Satversme is important not only from the aspect of the science of constitutional law, but also from the aspect of the legitimacy of power and constitutional stability. Reasonable algorithms and quorums strengthen the functioning of the parliamentary democracy, while their disproportionality only protects the comfort of the political elite and over time destroys the foundations of the country by stifling any valuable change.
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Abustan, Hamdan Azhar Siregar, and Otom Mustomi. "Constitutional Court as the Guard of Enforcement Constitution: Is It Challenging?" In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.032.

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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). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.022.

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Galić, Borislav. "THE HISTORICAL SIGNIFICANCE OF THE PRINCIPLES OF AUTHORITY IN SERBIA IN THE 20TH CENTURY FOR LIBERTY OF ECONOMIC TREATMENT IN CONTEMPORARY ECONOMIC CONDITIONS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.685g.

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In the 20th century, Serbia had a very interesting and diverse constitutional development and constitutional solutions, changing the principles of the organization of government, the form of social organization, the diversity of state communities. In this period of time, Serbia passed a large number of constitutions, and some of them were revoked and again, with minor changes, adopted. In any case, such a rich constitutional history has contributed to the fact that Serbia has great constitutional experience, which will be necessary when adopting new constitutional changes that will inevitably follow in the future and which should be used in order not to make the historical mistakes we made in the past. All the constitutions that were proclaimed in Serbia in the 20th century (there were eith of them) were of significance not only for the principle of separation of powers between three branches of government, but also for the creation of conditions for the functioning of economic entities. Basic principles that werw established bythe constitutionalarticles werw to a guide to how economic rights should be regulated, and above all: equality of private and other forms of property, free market, freedom of entrepreneurship , independence of economic entities.
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Strada-Rozenberga, Kristine, and Janis Rozenbergs. "Clarity of a Criminal Law Provision in the Case Law of the Constitutional Court of the Republic of Latvia." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.20.

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The quality criteria for the provisions of criminal law follow from Art. 90 and the second sentence of Art. 92 of the Satversme [Constitution] of the Republic of Latvia. A person may be recognised as being guilty and punished only for such actions that have been recognised as being criminal in accordance with law. A person’s fundamental right to know his or her rights defines the framework for the legislator’s actions because only such a provision that complies with all the quality criteria of a legal provision may be recognised as being a law, i.e., as having been granted legal force. These fundamental rights require the legislator to take special care in drafting legal norms that envisage criminal liability, which is the most severe form of legal liability. The Constitutional Court of the Republic of Latvia has repeatedly engaged in assessing the quality of criminal law provisions. This study provides an insight into the Constitutional Court’s approach to reviewing the clarity of criminal law provisions and summarizes the most important findings made by the Constitutional Court regarding this issue.
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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-Петербург: 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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Kodaneva, Svetlana. "Resilience of the Constitutional Phenomena to Social Threats (the United Kingdom case)." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.vicg9790.

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A noticeable trend in constitutional law in recent years has been a broad interpretation that allows referring to the subject of constitutional law, in addition to the provisions enshrined in the written constitution, also the sources of international and common law. This article is focused on the analysis of the risks arising from the recognition of constitutional principles formulated in various unwritten sources, such as traditions, doctrine and judicial interpretation. For this purpose, the experience of the United Kingdom is studied, a country that does not have a written constitution, and the legal system of which is based on constitutional principles enshrined in those various sources. At the same time, the Brexit process has become a clear example of a destabilising situation that has revealed internal conflicts and contradictions of the constitutional principles. The political processes, that accompanied the Brexit process and resulted in a constitutional crisis both at the horizontal (between the parliament and executive branch) and vertical (between the centre and regions) levels, are analysed. Based on the conducted study, it was concluded that the attribution to constitutional principles arising from international law and judicial practice is erroneous and is a dangerous phenomenon for the constitutional law. Consequently, a deep research into the nature of such ‘quasi-principles’ is required, revealing their place in the legal system of Russia, taking into account the hierarchy of principles, in which the principles arising from unwritten sources and international law should not be placed on the same level with constitutional principles directly enshrined in the Constitution of the Russian Federation.
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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). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.036.

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Surguladze, Vakhtang, Natalya Frolova, Vladislav Panchenko, Andrey Gruzdev, and Ivan Makarchuk. "Constitutional Identity in the Modern States Practice." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.039.

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Reports on the topic "Constitutional law"

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Iaryczower, Matias, Pablo Spiller, and Mariano Tommasi. Judicial Lobbying: The Politics of Labor Law Constitutional Interpretation. Cambridge, MA: National Bureau of Economic Research, May 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, July 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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Smeekens, Daan, and Keil Soeren. The Iraqi Oil and Gas Dispute between Baghdad and Erbil. Fribourg (Switzerland): IFF, 2022. http://dx.doi.org/10.51363/unifr.diff.2022.31.

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In a judgment of 15 February 2022, the Federal Supreme Court of Iraq decided to repeal the 2007 Oil and Gas Law of the Kurdistan Regional Government on constitutional grounds. The judgment can be regarded as politicized, and has enormous implications for the autonomy of the Kurdish Region and the federal discourse in Iraq. This commentary assesses the soundness of the Federal Supreme Court’s judgment through critically evaluating the arguments against the Iraqi Constitution. It comes to conclude that the judgment has been a misinterpretation of the constitutional provisions that prescribe shared powers between the central and regional governments over oil and gas. These issues are an indirect consequence of the ambiguity and non-implementation of many constitutional provisions. Relatedly, this commentary provides some recommendations for a future cooperation between Erbil and Baghdad.
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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, July 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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Varsano, Ricardo. Tax Reform in Brazil: The Long Process in Progress. Inter-American Development Bank, April 2003. http://dx.doi.org/10.18235/0008535.

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A tax reform process is now in course in Brazil. It started in 1995, when the President of the Republic presented to the National Congress a proposal to amend the chapter on the tax system of the Brazilian Federal Constitution (PEC 175/95). During the more than seven years of stop-and-go discussion, the process provided only two practical results: the so-called Kandir Law that modified the chief state tax ¿ on the circulation of merchandises and on communication and interstate and intermunicipal transportation services (ICMS) ¿, but which effects have been partially postponed by subsequent laws; and a recent law, which has mitigated the cascading of a social contribution. 1 Discussion of the constitutional amendment, which was interrupted in the first quarter of 2000, is expected to resume in 2003. This paper discusses the tax reform process in course.
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Duben, Andrey Kirillovich. THE RIGHT OF ACCESS TO INFORMATION AS AN INTEGRAL PART OF THE CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION. DOI СODE, 2022. http://dx.doi.org/10.18411/2454-0665.2022.7.1.3573.

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Krishnaswamy, Sudhir, Jayna Kothari, Satya Prasoon, and Ashwini Tallur. Rights in Review: The Supreme Court in 2016. Centre for Law and Policy Research, April 2016. http://dx.doi.org/10.54999/pcqk8153.

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“Rights in Review″ is an annual review of Indian Supreme Court decisions on constitutional fundamental rights cases in the year past. In 2016 we surveyed all reported decisions of the Supreme Court adjudicating fundamental rights challenges from January 2016 to December, 2016. Once again we selected cases which extend or modify existing legal doctrine, apply the law to new factual circumstances or otherwise have a significant impact on public policy or public affairs.
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Gilly, Zsófia Bernadett. Impeachment as a tool of lawfare in Latin America : Conceptual and historical overview (Part I). Magyar Külügyi Intézet, 2023. http://dx.doi.org/10.47683/kkielemzesek.ke-2023.27.

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The concept of impeachment has its origins in the history of political and legal thought as a constitutional mechanism to remove public officials for serious violations of the law or abuse of power. Originating from England, it has influenced the constitutions of the United States and the countries of Latin America. In addition to concrete grounds for impeachment, constitutions also allow for impeachment based on abstract grounds, designed for cases where no specific offence can be proven, but the abuse of power is so obvious that the people must be guaranteed the right to recall their elected leader. In Latin America, military coups have been replaced by so-called “soft coups”, which abuse various legal instruments. The abstract nature of the grounds for impeachment contributes to the potential misuse of this mechanism as a tool of lawfare, as many cases demonstrate. During the past decade, Peru has experienced a series of impeachments, with three presidents facing removal from office due to political conflicts between the legislative and executive branches. These cases highlight the use of impeachment as a tool of lawfare, undermining democratic stability and raising concerns about the transparency and impartiality of the process, as well as the erosion of democratic principles.
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Gilly, Zsófia Bernadett. Impeachment as a tool of lawfare in Latin America : Conceptual and historical overview (Part II). Magyar Külügyi Intézet, 2023. http://dx.doi.org/10.47683/kkielemzesek.ke-2023.28.

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The concept of impeachment has its origins in the history of political and legal thought as a constitutional mechanism to remove public officials for serious violations of the law or abuse of power. Originating from England, it has influenced the constitutions of the United States and the countries of Latin America. In addition to concrete grounds for impeachment, constitutions also allow for impeachment based on abstract grounds, designed for cases where no specific offence can be proven, but the abuse of power is so obvious that the people must be guaranteed the right to recall their elected leader. In Latin America, military coups have been replaced by so-called “soft coups”, which abuse various legal instruments. The abstract nature of the grounds for impeachment contributes to the potential misuse of this mechanism as a tool of lawfare, as many cases demonstrate. During the past decade, Peru has experienced a series of impeachments, with three presidents facing removal from office due to political conflicts between the legislative and executive branches. These cases highlight the use of impeachment as a tool of lawfare, undermining democratic stability and raising concerns about the transparency and impartiality of the process, as well as the erosion of democratic principles.
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Krishnaswamy, Sudhir, Satya Prasoon, and Ashwini Tallur. Rights in Review | The Supreme Court in 2017. Centre for Law and Policy Research, April 2018. http://dx.doi.org/10.54999/hnso5156.

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“Rights in Review″ is an annual review of Indian Supreme Court decisions on constitutional fundamental rights cases in the year past. In 2017 we surveyed all reported decisions of the Supreme Court adjudicating fundamental rights challenges from Dec 15, 2016 to Dec 15, 2017. Once again we select cases which extend or modify existing legal doctrine, apply the law to new factual circumstances or otherwise have a significant impact on public policy or public affairs. We have identified 11 cases this year based on these criteria.
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