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In the contemporary world, the distinction between the state of peace and the state of war has been progressively blurred, the debate over national security has included new threats and new responses, and a large share of the military activities of constitutional democracies consists of...
Persistent link: https://www.econbiz.de/10010661048
In Romania, issues such as the civil procedure code or the constitutionality of a government request for a vote of confidence have generated fruitful debates on the jurisprudence of the Constitutional Court. In this respect, the author argues that its decisions can reflect an indirect dialogue...
Persistent link: https://www.econbiz.de/10010661049
Since March 1, 2010, administrative and judiciary judges are essential actors of the new process of a posteriori constitutional review. The ordinary judge is in the heart of a device based on a filtering system towards the Constitutional Council, which preserves the monopoly on the...
Persistent link: https://www.econbiz.de/10010661053
The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this...
Persistent link: https://www.econbiz.de/10011287742
This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...
Persistent link: https://www.econbiz.de/10010344321
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The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...
Persistent link: https://www.econbiz.de/10011643982
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This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a...
Persistent link: https://www.econbiz.de/10011635275