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Constitutional Judicial Review and Political Insurance

Tridimas, George - 2009

Considering constitutional judicial review of policy, the power of courts to annul legislation, as a political insurance mechanism to protect against losses from adverse election outcomes, the paper analyzes three questions: First, under what circumstances a political ruler, who wins an election...

Persistent link: https://www.econbiz.de/10013158909

Congressional Papers and Judicial Subpoenas and the Constitution

Kaye, David H. - 2009

internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as … while the Constitution does give Congress the privilege of refusing to comply with subpoenas for documents in limited …

Persistent link: https://www.econbiz.de/10013159352

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

Advisory Counterparts to Constitutional Courts

Elmendorf, Christopher S. - 2007

In recent years, constitutional scholars have paid a great deal of attention to the emergence of constitutional courts and judicial review in democracies worldwide, yet an intriguing parallel development in democratic constitutionalism has gone largely unnoticed: the establishment of independent...

Persistent link: https://www.econbiz.de/10012778318

The Supreme Court's Judgment in Miller : In Search of Constitutional Principle

Elliott, Mark - 2017

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

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 …

Persistent link: https://www.econbiz.de/10012898503

Commonality and the Constitution : Applying Wal-Mart to State Court Cases

Seiner, Joseph - 2016

under the Constitution. This paper develops a normatively fair definition of commonality, identifying five core guideposts …. This Article helps define what commonality means under the Constitution, and the guideposts identified here will help …

Persistent link: https://www.econbiz.de/10013005036

A 'Summary' Statutory and Constitutional Theory of Bankruptcy Judges’ Core Jurisdiction after Stern v. Marshall

Brubaker, Ralph - 2016

This article explores the implications of the Supreme Court's Stern v. Marshall decision, both from an “internal” bankruptcy perspective and in the context of the Court's still-evolving general jurisprudence of non-Article III adjudications. The article concludes that the decision is best...

Persistent link: https://www.econbiz.de/10013007829

Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution : A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Right...

Orago, Nicholas Wasonga - 2014

On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as … well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at …

Persistent link: https://www.econbiz.de/10013055039

A Critique of Kosovo’s Internationalized Constitutional Court

Capussela, Andrea Lorenzo - 2014

The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects...

Persistent link: https://www.econbiz.de/10013055414