The Relationship between the Convention and Constitutional Law

2021 ◽  
pp. 7-110
Keyword(s):  
Constitutional Law ◽  
The Relationship

America's Lone Star Constitution

2018 ◽  
Author(s):  
Lucas A. Powe Jr.
Keyword(s):  
Supreme Court ◽  
Capital Punishment ◽  
School Finance ◽  
Constitutional Law ◽  
Civil Liberty ◽  
Voting Rights ◽  
The Rich ◽  
The Relationship

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. This book charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberty, this book provides a window into the relationship between constitutional litigation and ordinary politics at the Texas Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

scholarly journals The Freedom of Religion and Entrepreneurship: In Search of a Constitutional Law Balance

2020 ◽  
Vol 11 ◽  
pp. 34-40
Author(s):  
Arseniy A. Scherbinin ◽  
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Optimal Solution ◽  
Entrepreneurial Activity ◽  
Freedom Of Religion ◽  
Public Authorities ◽  
The Relationship ◽  
Fair Balance

The article is devoted to the analysis of the key problems that public authorities face in their law enforcement practice when the question arises of the relationship between freedom of religion and freedom of entrepreneurial activity, as well as the search for an optimal solution in order to establish a fair balance between them.

scholarly journals The Narrative Model of Constitutional Implications: A Defence of Roach v Electoral Commissioner

2019 ◽  
Author(s):  
Jonathan Crowe
Keyword(s):  
Constitutional Law ◽  
Social Practices ◽  
Court Decisions ◽  
High Court ◽  
Fictional Narratives ◽  
Narrative Model ◽  
Way Of Thinking ◽  
Relationship Of ◽  
The Relationship

The role of implications in Australian constitutional law has long been debated. Jeffrey Goldsworthy has argued in a series of influential publications that legitimate constitutional implications must be derived in some way from authorial intentions. I call this the intentionalist model of constitutional implications. The intentionalist model has yielded a sceptical response to several recent High Court decisions, including the ruling in Roach v Electoral Commissioner that the Constitution enshrines an implied conditional guarantee of universal franchise. This article outlines an alternative way of thinking about constitutional implications, which I call the narrative model. I argue that at least some constitutional implications are best understood as arising from historically extended narratives about the relationship of the constitutional text to wider social practices and institutions. The article begins by discussing the limitations of the intentionalist model. It then considers the role of descriptive and normative implications in both factual and fictional narratives, before applying this analysis to the Australian Constitution. I argue that the narrative model offers a plausible basis for the High Court’s reasoning in Roach v Electoral Commissioner.

14 The Complex Relationship Between Administrative and Constitutional Law: A Comparative and Historical Analysis

2017 ◽  
Author(s):  
Heuschling Luc
Keyword(s):  
Constitutional Law ◽  
Historical Perspective ◽  
Historical Analysis ◽  
Administrative Law ◽  
Complex Relationship ◽  
Theoretical Understanding ◽  
Ius Commune ◽  
The United Kingdom ◽  
Depth Analysis ◽  
The Relationship

This chapter analyses the position of ‘administrative law’ vis-à-vis ‘constitutional law’, and vice versa, from a comparative and historical perspective. Its primary aim is to get an exact view of how far the national legal systems in Europe converge, or diverge, with respect to the relationship between constitutional and administrative law. However, pleading the thesis of an Ius commune Europaeum (i.e., the existence of a common legal view in Europe) requires an in-depth analysis of all European countries, without excluding individual cases that do not fit into the mainstream (particularly the United Kingdom and Sweden). Only then can any thesis of unity amongst diversity be truly persuasive. In addition, the secondary aim of this chapter's investigation is to get a better theoretical understanding of administrative law in general.

Part 1 Constitutionalism and Islam: Conceptual Issues, 1.1 Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law

2012 ◽  
Author(s):  
Kamali Mohammad Hashim
Keyword(s):  
Constitutional Law ◽  
Final Section ◽  
Islamic Law ◽  
General Characterization ◽  
The Third ◽  
Islamic Countries ◽  
Contemporary Perspective ◽  
Islam And Secularism ◽  
The Relationship

This chapter begins with a brief characterization of Islamic constitutional law and its underdeveloped status as compared with other branches of Islamic law. It then highlights salient differences between the Islamic and Western approaches to constitutional law and briefly discusses Islam and secularism. The next section provides a general characterization of the Islamic system of rule under four sub-headings. The first of these defines government in Islam as a trust (amānah); the second describes it as a limited and thus non-totalitarian government; the third addresses the Islamic system of rule as a qualified democracy; and the last characterizes it as a civilian not a theocratic system of government. The final section summarizes the main results of the preceding analysis and offers some tentative conclusions on the relationship between Islamic government and democratic constitutionalism.

Constitutional Law and the Jurisprudence of the European Court of Human Rights: An Attempt at a Synthesis

2001 ◽  
Vol 2 (10) ◽  
Author(s):  
Boštjan M. Zupancic
Keyword(s):  
Human Rights ◽  
Conflict Resolution ◽  
Constitutional Law ◽  
Complete Separation ◽  
Human Rights Law ◽  
Legal Process ◽  
Constitutional Courts ◽  
Resolution Process ◽  
European Court ◽  
The Relationship

There are a few premises underlying this discourse on the relationship between constitutional law and European human-rights law which I should reveal before we explore the relationship itself. I start with a functionalistic designation of the general legal process as being no more (and no less!) than a conflict-resolution process. From this perspective, the most important of my starting premises is what I consider to be an empirical fact, that is to say that the constitutional courts now produce jurisprudence(2) overtly and explicitly transcending the Enlightenment's illusion of complete separation between the competencies of the legislative and judicial branches of power.

X. Gesetzesbruch als Prinzip. Entwicklungslinien des weltanschaulichen Radikalismus in der Führerdiktatur

2015 ◽  
Vol 132 (1) ◽  
pp. 420-440
Author(s):  
Anselm Doering-Manteuffel
Keyword(s):  
World War I ◽  
Constitutional Law ◽  
Third Reich ◽  
World War ◽  
Legal Professionals ◽  
The Third ◽  
Legal Thought ◽  
The Law ◽  
The Third Reich ◽  
The Relationship

Breaking the Law as a Norm: Contours of Ideological Radicalism within the Nazi Dictatorship. This article analyzes the relationship between Nazi legal experts’ efforts to create a canon of constitutional law for the Third Reich and the ideological radicalism characteristic of Hitler and the SS-state. The attempts of legal professionals to establish “völkisch” constitutional law emerged out of the staunch anti-liberalism that had spread throughout Germany since the end of World War I. However, this “völkisch” constitutional law bore no resemblance to rational European legal thought. It not only proved to be ineffective for this reason, but also because the ideological radicalism that reigned supreme in the Third Reich sought to break the law and let lawlessness rule.

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