The Saga of Wiretapping in France
... 1991). This often cited casebook contains the lead decisions of the Constitutional Council along with extensive accompanying commentary. For the best and most thorough account in English of constitutional review's arrival in France, see James Beardsley, Constitutional Review in France, 1975 Sup. Ct. ...
... 1991). This often cited casebook contains the lead decisions of the Constitutional Council along with extensive accompanying commentary. For the best and most thorough account in English of constitutional review's arrival in France, see James Beardsley, Constitutional Review in France, 1975 Sup. Ct. ...
Interpreting Fundamental Rights:
... tional and national human rights law: suitability, necessity, and proportionality in the narrower sense. The suitability requirement prohibits any means which are unhelpful for or obstruct the legislative goals. It puts a stop to self-contradictory laws. The necessity requirement means that if an a ...
... tional and national human rights law: suitability, necessity, and proportionality in the narrower sense. The suitability requirement prohibits any means which are unhelpful for or obstruct the legislative goals. It puts a stop to self-contradictory laws. The necessity requirement means that if an a ...
The Living Constitution of Ancient Athens
... Framers, contemporary understanding of the text, or the changing sensibilities, needs and values of American society. For the purposes of this Article, this more flexible approach shall be referred to generally as the "living constitution" approach to interpretation. The phrase "living constitution" ...
... Framers, contemporary understanding of the text, or the changing sensibilities, needs and values of American society. For the purposes of this Article, this more flexible approach shall be referred to generally as the "living constitution" approach to interpretation. The phrase "living constitution" ...
The Administrative State in a Separation of Powers Constitution
... domains.4 Thus co-decision, a legislative process in which passage of legislation is entrusted to the Council and Parliament acting as equals, now applies in a wide variety of areas, from public health to transport policy. And the choice of Commission President, as well as the Commission as a whole, ...
... domains.4 Thus co-decision, a legislative process in which passage of legislation is entrusted to the Council and Parliament acting as equals, now applies in a wide variety of areas, from public health to transport policy. And the choice of Commission President, as well as the Commission as a whole, ...
Constitutional Limits on the Decisional Powers of Courts and
... never sustained by any court (evidently because it was never challenged judicially), the legislature was not troubled by this assignment of seemingly regulatory or administrative tasks to a court. The legislature saw no conflict between this statute and the separation of powers provision in the rece ...
... never sustained by any court (evidently because it was never challenged judicially), the legislature was not troubled by this assignment of seemingly regulatory or administrative tasks to a court. The legislature saw no conflict between this statute and the separation of powers provision in the rece ...
Common Law and Continental Law: Two Legal Systems
... Indeed, the American tradition finds its roots in a “Lockean” concept of the state with limited sovereignty and the idea that men are governed by law and not by men. Government and not the state are ruled by law and therefore have to be perceived only as a moderator of the social groups seeking the ...
... Indeed, the American tradition finds its roots in a “Lockean” concept of the state with limited sovereignty and the idea that men are governed by law and not by men. Government and not the state are ruled by law and therefore have to be perceived only as a moderator of the social groups seeking the ...
Benchmark A
... Explain who elects the board members and list one of the board’s responsibilities. ...
... Explain who elects the board members and list one of the board’s responsibilities. ...
Fight Against Terrorism in a State Under the Rule of Law
... It must be kept into account that in France those investigation measures that were used, initially, only to fight terrorism are now more widespread and can be used in general criminal procedure against organized crime (e.g. infiltration operations, telephone tapping, geolocalisation technologies etc ...
... It must be kept into account that in France those investigation measures that were used, initially, only to fight terrorism are now more widespread and can be used in general criminal procedure against organized crime (e.g. infiltration operations, telephone tapping, geolocalisation technologies etc ...
Judicial Activism – Justice or Treason?
... content, principles, such as equality before the law, or that no one should benefit from their wrongdoing, principles that override rules in the service of rights and therefore justice. And these principles cannot be understood and applied Dworkin argues without the exercise the moral judgment. With ...
... content, principles, such as equality before the law, or that no one should benefit from their wrongdoing, principles that override rules in the service of rights and therefore justice. And these principles cannot be understood and applied Dworkin argues without the exercise the moral judgment. With ...
Constitutional Regulation, Exception and
... individual civil rights and liberties. Accordingly, the standard of review for determining the constitutional permissibility of measures exceptional to one of these rights varies according to the purported constitutional purpose of each right. Certainly, the intended purpose of the protections affor ...
... individual civil rights and liberties. Accordingly, the standard of review for determining the constitutional permissibility of measures exceptional to one of these rights varies according to the purported constitutional purpose of each right. Certainly, the intended purpose of the protections affor ...
Report
... responded. Then on June 24 the Anti-Corruption Council submitted the Initiative to the Constitutional Court to assess the constitutionality of Article 4, Paragraph 1, of the Regulation. To date the Constitutional Court has not made any decision regarding this Initiative. Changes of the forms of owne ...
... responded. Then on June 24 the Anti-Corruption Council submitted the Initiative to the Constitutional Court to assess the constitutionality of Article 4, Paragraph 1, of the Regulation. To date the Constitutional Court has not made any decision regarding this Initiative. Changes of the forms of owne ...
ESSAY THE FRAMEWORK(S) OF LEGAL CHANGE Toby J. Heytens
... should or should not “operate[ ] retrospectively upon” cases where certain events (the search or confession, the trial, or the conclusion of direct review) occurred before the new ruling was announced.10 This approach was instantly controversial,11 and the Supreme Court ultimately abandoned nonretro ...
... should or should not “operate[ ] retrospectively upon” cases where certain events (the search or confession, the trial, or the conclusion of direct review) occurred before the new ruling was announced.10 This approach was instantly controversial,11 and the Supreme Court ultimately abandoned nonretro ...
Document
... regulated by written word, shall not necessarily be regulated by requirements to abide by universal norms of morality. The question then is what are the motives of behaviour of government representative or official if legal norms do not regulate their behaviour in an imperative manner anymore? In ou ...
... regulated by written word, shall not necessarily be regulated by requirements to abide by universal norms of morality. The question then is what are the motives of behaviour of government representative or official if legal norms do not regulate their behaviour in an imperative manner anymore? In ou ...
Rob Smith
... direction and objectives without entering into overly technical debates Delegation of power has strict limits Only the Commission can be authorised to adopt delegated acts Furthermore, the legislator sets the conditions under which this delegation may be implemented. Article 290 of the Treat ...
... direction and objectives without entering into overly technical debates Delegation of power has strict limits Only the Commission can be authorised to adopt delegated acts Furthermore, the legislator sets the conditions under which this delegation may be implemented. Article 290 of the Treat ...
the americanization of constitutional law and its
... both a twenty-year period of American history during which Chief Justice Earl Warren presided over the court (1953-1969) and a shorter period during the early years of Chief Justice Warren Burger's tenure on the court (1969-1986). After that period, a wave of conservatism enveloped the Supreme Court ...
... both a twenty-year period of American history during which Chief Justice Earl Warren presided over the court (1953-1969) and a shorter period during the early years of Chief Justice Warren Burger's tenure on the court (1969-1986). After that period, a wave of conservatism enveloped the Supreme Court ...
The Rise and Fall of Judicial Self-Restraint
... restraint; courts must be wary of going head-to-head with the other branches of government. Second, often a law goes into effect years before the courts hear a case in which its constitutionality is challenged or is ripe for adjudication. Thayer argued that this implied that the legislature had to m ...
... restraint; courts must be wary of going head-to-head with the other branches of government. Second, often a law goes into effect years before the courts hear a case in which its constitutionality is challenged or is ripe for adjudication. Thayer argued that this implied that the legislature had to m ...
The Minimum Wage Law - St. John`s Law Scholarship Repository
... calling for regulation. 27 Here the Court said, "Times without number we have said that the [state] legislature is primarily the judge of the necessity of such an enactment, that every possible presumption is in favor of its validity, and that though the court may hold views inconsistent with the wi ...
... calling for regulation. 27 Here the Court said, "Times without number we have said that the [state] legislature is primarily the judge of the necessity of such an enactment, that every possible presumption is in favor of its validity, and that though the court may hold views inconsistent with the wi ...
Judicial Review and Its Politicization in Central America: Guatemala
... Political interference with the judiciary in Latin America can take many forms: from court packing, to legislative efforts to alter the courts' powers, to outright illegal activities such as bribery or intimidation of judges. 13 To evaluate whether judicial review is serving to advance democratizati ...
... Political interference with the judiciary in Latin America can take many forms: from court packing, to legislative efforts to alter the courts' powers, to outright illegal activities such as bribery or intimidation of judges. 13 To evaluate whether judicial review is serving to advance democratizati ...
Interpreting Fundamental Rights – Freedom versus Optimization
... is factually possible. The necessity requirement, for example, dictates that if an alternative means exists that is equally suitable in promoting the state interest and yet interferes less with individual rights, this means must be chosen. Since this does not diminish any of the interests being real ...
... is factually possible. The necessity requirement, for example, dictates that if an alternative means exists that is equally suitable in promoting the state interest and yet interferes less with individual rights, this means must be chosen. Since this does not diminish any of the interests being real ...
UNIVERSITY OF THE WEST INDIES
... exercise effectively his rights under the immediately following paragraph (b) which provides that he "shall be given adequate time and facilities for the preparation of his defence." In Harrikissoon v. Attorney-General of Trinidad and Tobago [1980] A.C. 265 this Board had occasion to point out the d ...
... exercise effectively his rights under the immediately following paragraph (b) which provides that he "shall be given adequate time and facilities for the preparation of his defence." In Harrikissoon v. Attorney-General of Trinidad and Tobago [1980] A.C. 265 this Board had occasion to point out the d ...
Saving Constitutional Rights from Judicial Scrutiny: The Savings
... that these cases are result-driven. In the 1983 case of Riley v. Attorney General,26 the Privy Council held that the special savings clause in the Constitution of Jamaica insulated from scrutiny prolonged delay in carrying out the penalty. Following precedent,2 7 the Board concluded that even if inh ...
... that these cases are result-driven. In the 1983 case of Riley v. Attorney General,26 the Privy Council held that the special savings clause in the Constitution of Jamaica insulated from scrutiny prolonged delay in carrying out the penalty. Following precedent,2 7 the Board concluded that even if inh ...
the constitutional court of the republic of lithuania
... Law on Public Trading in Securities with Article 23, Paragraph 1 of Article 46 and Paragraph 1 of Article 48 of the Constitution and the constitutional principle of a state under the rule of law. 1. In order to decide whether Paragraph 1 (wording of 17 December 2001) of Article 19 of the Law was not ...
... Law on Public Trading in Securities with Article 23, Paragraph 1 of Article 46 and Paragraph 1 of Article 48 of the Constitution and the constitutional principle of a state under the rule of law. 1. In order to decide whether Paragraph 1 (wording of 17 December 2001) of Article 19 of the Law was not ...
The Lessons of 1968 - Hastings Constitutional Law Quarterly
... composition of the Supreme Court. In part, this opportunity arose from what might be described as normal attrition. Thus, both John Marshall Harlan and Hugo L. Black left the Court at the end of their lives in 1971. But in addition, the extent of Nixon’s influence on the trajectory of constitutional ...
... composition of the Supreme Court. In part, this opportunity arose from what might be described as normal attrition. Thus, both John Marshall Harlan and Hugo L. Black left the Court at the end of their lives in 1971. But in addition, the extent of Nixon’s influence on the trajectory of constitutional ...
THE CASE OF THE SPELUNCEAN EXPLORERS by LON L
... The proposition that all positive law is based on the possibility of men's coexistence has a strange sound, not because the truth it contains is strange, but simply because it is a truth so obvious and pervasive that we seldom have occasion to give words to it. Like the air we breathe, it so pervad ...
... The proposition that all positive law is based on the possibility of men's coexistence has a strange sound, not because the truth it contains is strange, but simply because it is a truth so obvious and pervasive that we seldom have occasion to give words to it. Like the air we breathe, it so pervad ...
Constitutional Dialogue and the Justification of Judicial Review
... world, in the context of statutory interpretation in particular cases, impose what are in substance genuine constraints on the scope of legislative power. The ‘common law’ critics of ultra vires, moreover, must be challenged on precisely similar grounds; indeed, their position is indistinguishable. ...
... world, in the context of statutory interpretation in particular cases, impose what are in substance genuine constraints on the scope of legislative power. The ‘common law’ critics of ultra vires, moreover, must be challenged on precisely similar grounds; indeed, their position is indistinguishable. ...
Constitutional Council (France)
The Constitutional Council (French: Conseil Constitutionnel; French pronunciation: [kɔ̃sɛj kɔ̃stitysjɔˈnɛl]) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution be upheld.Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic (a priori review); since 1 March 2010, individual citizens party to a trial or lawsuit can also ask for the Council to review whether the law applied in the case is constitutional. In 1971, the Council ruled that conformity with the Constitution entails conformity with two texts referred to by the preamble of that constitution: the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, both of which list constitutional rights (e.g., freedom of speech).