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Can courts make federalism work? : a game theory approach to court-induced compliance and defection in federal systems
Sala, Gemma - In: Economies : open access journal 2 (2014) 4, pp. 193-217
Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a...
Persistent link: https://www.econbiz.de/10010458556
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Nationwide Injunctions’ Governance Problems : Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure
Cass, Ronald A. - 2019
-of-law values, threatens the operation of courts as impartial arbiters of disputes over legal rights, erodes the Constitution …'s careful separation of functions among the branches of government, and is at odds with basic aspects of the federal judiciary …
Persistent link: https://www.econbiz.de/10012898503
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Constitution Bench Judgments of the Supreme Court of India (1950-2021)
Ghai, Nisshtha - 2023
A manual of the summaries of the Constitution Bench Judgments of the Supreme Court of India from 1950 to 2021 …
Persistent link: https://www.econbiz.de/10014261502
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Constitutional language : an interpretation of judicial decision
Brigham, John - 1978
Persistent link: https://www.econbiz.de/10000062961
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Judicial activism contributing to the understanding of social state principle(s) : Constitutional Court of Slovenia at the crossroads
Brezovar, Nejc - In: Danube : law and economics review 8 (2017) 1, pp. 19-30
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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Constitutional judicial behavior : exploring the determinants of the decisions of the French constitutional council
Espinosa, Romain - In: Review of law and economics : publ. in cooperation with … 13 (2017) 2, pp. 1-41
Persistent link: https://www.econbiz.de/10011705373
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Improvement of legislation and the judicial system as the guarantor of political stability of the constitutional state
Balabiyev, Kairat; Kaipbayeva, Aizhan; Mazhinbekov, Saken; … - In: Journal of advanced research in law and economics : JARLE 7 (2016) 7/21, pp. 1615-1625
Persistent link: https://www.econbiz.de/10011959583
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Judicial independence : why does de facto diverge from de jure?
Hayo, Bernd; Voigt, Stefan - In: European journal of political economy 79 (2023), pp. 1-16
Persistent link: https://www.econbiz.de/10014471322
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Restraining Judicial Power : The Fragmented System of Judicial Review and Constitutional Interpretation in Afghanistan
Pasarlay, Shamshad - 2020
The 2004 Constitution of Afghanistan vaguely describes the powers of the Supreme Court (the Court) to interpret the … constitution and exercise judicial review. It also describes an independent commission for the supervision of the implementation of … the constitution (the Commission), whose powers are ambiguous and seem to overlap with those of the Court. The political …
Persistent link: https://www.econbiz.de/10012839299
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Legal Institutionalism : Capitalism and the Constitutive Role of Law
Deakin, Simon - 2017
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the...
Persistent link: https://www.econbiz.de/10012971812