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In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...
Persistent link: https://www.econbiz.de/10012958724
The European Union (Withdrawal) Act 2018 forms the centrepiece of the UK's domestic legal preparations for its departure from the European Union. The Act aims to capture and domesticate large swathes of EU law so as to safeguard legal continuity upon Brexit. This paper examines the process by...
Persistent link: https://www.econbiz.de/10012910818
In January 2020, President Vladimir Putin surprised Russians and the international community by proposing a sweeping set of constitutional reforms aimed at developing “state structure and domestic policy.” In his state-of-the-nation address, Putin explained that while Russia’s 1993...
Persistent link: https://www.econbiz.de/10014260025
The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...
Persistent link: https://www.econbiz.de/10013070120
June Medical Services L.L.C. v. Russo has already begun gaining a certain reputation as a Trojan Horse: in form, a pro-choice ruling that overturns a Louisiana anti-abortion measure, but in substance, an anti-choice, pro-life decision that sets the stage for future reversals of the Supreme...
Persistent link: https://www.econbiz.de/10013244531
In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...
Persistent link: https://www.econbiz.de/10014067634
This Article explores the original meaning of the word “Emolument(s)” in the Constitution. It identifies four common definitions in founding-era political discourse. It places the constitutional use within its context as part of a larger reform movement in Britain and America and as driven...
Persistent link: https://www.econbiz.de/10012934737
A “self-coup”—or “autogolpe”—is the sudden seizure of power by a President or other chief executive in contravention of a nation’s laws. Although the term “self-coup” is relatively new, the phenomenon was familiar to the Framers, who made references at the Constitutional...
Persistent link: https://www.econbiz.de/10014357832
The acquits of inter-governmental agreements, being signed by forty-six States in the Bologna Process context, as a starting point promoted by the European Union States, regions and universities to promote an area for academic integration (European Higher Education Area), is applied to three...
Persistent link: https://www.econbiz.de/10008590971
This monograph aims to orient readers to some basic concepts and principles of Philippine politics, law, government, constitution, and spirituality of social transformation. These topics are indeed broad and one book for this would surely be not enough to discuss them comprehensively. Therefore,...
Persistent link: https://www.econbiz.de/10014093941