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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
This paper examines the foundations of the Italian Constitutional Court's authority by comparing it with that of the German Federal Constitutional Court. In comparison to the German Court, la Corte had to build its authority on a particularly weak legal basis. However, it succeeded in developing...
Persistent link: https://www.econbiz.de/10012850456
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
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
Constitution, with some rights printed in boldface and italics and others grayed out and indistinct on the page …
Persistent link: https://www.econbiz.de/10013235021
The author argues that the Supreme Court has not fulfilled the expectations of marginalized groups that government action and inaction would be subject to Canadian Charter scrutiny. Instead it has perpetuated exclusion, disadvantage and discrimination against the poor. By exploring the few...
Persistent link: https://www.econbiz.de/10013035279
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
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