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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

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

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

Measuring constitutional loyalty : evidence from the Covid-19 pandemic

Gutmann, Jerg; Sarel, Roee; Voigt, Stefan - 2022

Constitutional loyalty, the importance ascribed to complying with constitutional rules, is difficult to measure across countries due to differences in context, history, and culture. We overcome this challenge by exploiting the COVID-19 pandemic as an ideal setting in which societies around the...

Persistent link: https://www.econbiz.de/10012807078

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

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

The Res Judicata Effect of Bankruptcy Court Judgments : The Procedural and Constitutional Concerns

Martinez, George A. - 2016

This article seeks to resolve the conflict in the circuits and argues that bankruptcy court judgments should not bar the assertion of non-core claims because to do so violates the basic principles of res judicata and threatens to undermine fundamental Article III values or create judicial...

Persistent link: https://www.econbiz.de/10012988344

Individual Application to the Turkish Constitutional Court as a Case of Constitutional Transfer

Yildirim, Engin - 2016

Individual access to constitutional courts has recently attained prominence as an effective tool of human rights protection and it is viewed as an example of the broader phenomenon of transfer of constitutional ideas from a point of origin to a new host environment. We argue that the transfer...

Persistent link: https://www.econbiz.de/10012994861

Private-Rights Litigation and the Normative Foundations of Durable Constitutional Precedent

Stearns, Maxwell L. - 2015

This chapter advances a simple thesis that runs counter to much public-law scholarship. Holding all else constant, the more difficult, or costly, constitutional rulings are to obtain, the more durable the resulting precedent; conversely, the easier, or cheaper, such rulings are to obtain, the...

Persistent link: https://www.econbiz.de/10013034971