Pragmatic Monism: The Practice of the Indonesian Constitutional Court in Engaging with International Law
Sign Up to like & getrecommendations! Published in 2024 at "Asian Journal of International Law"
DOI: 10.1017/s2044251323000723
Abstract: Abstract The relationship between international and domestic law in Indonesia is the subject of prolonged debate caused by the silence of the Indonesian Constitution on the choice between monism and dualism, which affects constitutional adjudication.… read more here.
Keywords: international law; constitutional court; pragmatic monism; law ... See more keywords
The untold leader of judicial review: China’s Constitutional Court (1948–71) and innovative constitutionalism
Sign Up to like & getrecommendations! Published in 2023 at "International Journal of Constitutional Law"
DOI: 10.1093/icon/moad044
Abstract: Based on newly opened Chinese diaries of Chiang Kai-shek and presidents of the Judicial Yuan, this article explores China’s Constitutional Court from a socio-historical perspective and contextualizes China’s constitutional development from the mainland to Taiwan… read more here.
Keywords: judicial review; china constitutional; court; leader ... See more keywords
Reinventing or rediscovering international law? The Russian Constitutional Court’s uneasy dialogue with the European Court of Human Rights
Sign Up to like & getrecommendations! Published in 2018 at "International Journal of Constitutional Law"
DOI: 10.1093/icon/moy088
Abstract: This article discusses interactions between the Constitutional Court of the Russian Federation and the European Court of Human Rights. More specifically, it critically examines evolving legal reasoning of the CC with respect to its interpretation… read more here.
Keywords: court; law; constitutional court; european court ... See more keywords
Guardians of integration? The Constitutional Court of Colombia and regionalism in the age of populism
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DOI: 10.1332/20437897y2025d000000049
Abstract: This article examines how the Constitutional Court of Colombia (CCC) balances its role as guardian of the Colombian constitutional order while engaging in regional integration processes across Latin America. Through an analysis of constitutional theory,… read more here.
Keywords: regional integration; court; constitutional court; populism ... See more keywords
Economic Constitutionalism in the EU and Germany – The German Constitutional Court, the European Court of Justice and the European Central Bank between Law and Politics
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DOI: 10.1515/ldr-2019-0043
Abstract: Abstract The relationship between the European Union (EU) and its member states has recently been the subject of several legal proceedings in the German Federal Constitutional Court (GFCC) and the European Court of Justice. The… read more here.
Keywords: court; constitutional court; european court; court justice ... See more keywords
The use of comparative law in the practice of the Hungarian Constitutional Court: An empirical analysis (1990–2019)
Sign Up to like & getrecommendations! Published in 2021 at "Hungarian Journal of Legal Studies"
DOI: 10.1556/2052.2020.00306
Abstract: Courts conducting constitutional review do not work as ‘ivory towers’ any longer: they are part of the global dialogue on constitutional ideas and thoughts. This dialogue includes an exchange of experiences with fellow constitutional and… read more here.
Keywords: use comparative; court; comparative law; analysis ... See more keywords
The Constitutional Court’s contribution to sustainable development in South Africa
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DOI: 10.17159/1727-3781/2003/v6i2a2868
Abstract: Freedom is central to most constitutions. In the constitutional context, freedom usually means both personal freedom and political freedom. Personal freedom can be described as the right to decide for oneself the terms of one's… read more here.
Keywords: court contribution; freedom; sustainable development; constitutional court ... See more keywords
Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People
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DOI: 10.17159/1727-3781/2018/v21i0a4747
Abstract: In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons.… read more here.
Keywords: federal constitutional; court; intersex; beyond sexual ... See more keywords
Appropriate Internal Appeal Mechanisms for Approval of Building Plans: Exploring the Gaps Left by the Constitutional Court
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DOI: 10.17159/1727-3781/2020/v23i0a7938
Abstract: This article explores the gaps left by the Constitutional Court's jurisprudence in relation to what the appropriate internal appeal mechanism should be at the level of municipalities for the approval of building plans. This follows… read more here.
Keywords: court; building plans; constitutional court; internal appeal ... See more keywords