A Court Divided: The Rehnquist Court and the Future of Constitutional Law (review)

2006 ◽  
Vol 9 (2) ◽  
pp. 365-367
Author(s):  
Richard A. Brisbin
Keyword(s):  
Constitutional Law ◽  
Rehnquist Court ◽  
The Future

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

scholarly journals Future Generations of the Humanity in the Constitutional Law Regulation System

2021 ◽  
Vol 1 ◽  
pp. 41-45
Author(s):  
Igor V. Irkhin ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Biological Diversity ◽  
Financial Burden ◽  
Future Generations ◽  
Regulation System ◽  
The Future ◽  
The Russian Federation ◽  
Theory Of Law ◽  
Law Regulation

The article reviews the issues related to the determination of the legal position of the future generations of the humanity in the constitutional law regulation system based on the methodological framework of the theory of law, international law, constitutional law. The author emphasizes that the regulation is usually carried out from the perspective of general approaches to human rights and in a narrower scope of the issues of environmental protection, financial burden imposed on the future generations of the humanity. Special attention is paid to legislative approaches applied in the Russian Federation (including on the level of constituent entities of the Russian Federation, municipal structures) in respect of the future generations of the humanity. It is stated that the regulation is performed in the matters of ecology, biological diversity, culture, architecture, urban development, economics, social sphere, healthcare, archiving. The future generations of the humanity are mostly understood as non-born citizens (residents) of our country.

scholarly journals La justice constitutionnelle en France

2005 ◽  
Vol 26 (2) ◽  
pp. 299-337 ◽  
Author(s):  
Louise Favoreu
Keyword(s):  
Comparative Studies ◽  
Constitutional Law ◽  
Constitutional Review ◽  
Fertile Ground ◽  
The Future ◽  
Constitutional Regime

The 1958 Constitution provided France with a constitutionally based system of justice and although this had been contrary to French traditions — and consequently apprehended at that time — the system has progressively developed and become one of the main elements of the French constitutional regime and at the same time, one of its most dynamic and appreciated components. This article presents the French Constitutional Council: its status, composition and operations. It maps out areas in which this body has had to intervene and, above all, it analyses the jurisprudence of the Council and notes that its most impressive contribution lies in the field of the constitutional review of laws and its main objective, basic personal freedoms. The conclusion of this study is that French constitutional law has undergone radical modifications under this system and that in the future, it has become a fertile ground for comparative studies for the Canadian jurist due to the constitutional review of laws in the name of personal freedoms.

scholarly journals Axiomatique constitutionnelle et pratique politique : un décalage troublant

2005 ◽  
Vol 20 (1-2) ◽  
pp. 113-135
Author(s):  
J.-Maurice Arbour
Keyword(s):  
Constitutional Law ◽  
Legal History ◽  
Historical Data ◽  
Separation Of Powers ◽  
Civil Liberties ◽  
The Past ◽  
Parliamentary System ◽  
The Future

The object of this paper is to consider the place which theory occupies within the framework of our parliamentary system. In particular, the purpose of this essay is to analyse the gap which exists between legal theories and facts. While a knowledge of the past is a prerequisite to interpreting the present and estimating the future, it will only be possible in this paper to give a brief review of basic historical data ; it is an essay in law, not in legal history. Students of constitutional law have long been only students of the cases in relation to federalism. Constitutional issues that trouble the conduct of our parliamentary system are not those with which constitutional lawyers are familiar. Issues surrounding the separation of powers are critical for the safeguard of civil liberties. It is time to consider what problems have been encountered and what plans for the future could be accepted or proposed for a better working of our parliamentary gouvernment.

The Obvious Foundation Test

2018 ◽  
pp. 109-121
Author(s):  
Raju Ramachandran ◽  
Mythili Vijay Kumar Thallam
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Basic Structure ◽  
Legislative Power ◽  
Judicial Appointments ◽  
The Supreme Court ◽  
The Future

This essay deals with the ramifications of the judgment in the National Judicial Appointments Commission Case for the basic structure doctrine. The doctrine of basic structure places limits on the legislative power to amend the Constitution, and owes its origins to the judgment of the thirteen-judge bench of the Supreme Court in the Kesavananda Bharati v. State of Kerala ((1973) 4 SCC 225). According to the authors, the judges in the NJAC Case, by striking down the 99th Amendment to the Constitution of India for violating the basic structure, appear to have conceptually expanded the remit of the basic structure doctrine significantly. They conclude that the contents of what was held to be part of basic structure in the NJAC Case are largely incapable of being defended normatively. Against this background, they chart the significance of the judgment on constitutional law and separation of powers questions in the future.

Drittpersonaleinsatz im Arbeitskampf

2020 ◽  
Author(s):  
Sebastian Beckerle
Keyword(s):  
Constitutional Law ◽  
Civil Law ◽  
Labour Law ◽  
Industrial Action ◽  
The Future ◽  
Temporary Agency Workers

This book examines all implications of the deployment of external personnel in industrial actions. On the basis of Section 11 (5) of the AÜG – a provision fundamentally modified in 2017 – the study provides comprehensive answers to questions arising from the prohibition of deploying temporary agency workers as strike breakers, in particular with regard to labour law, civil law and constitutional law. Apart from that, the provision is integrated into the overall structure of industrial action law and remaining options for employers to defend against strikes in the future are pointed out. In addition, any effects under industrial constitution law are discussed for all measures of deploying external personnel in industrial actions.

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