Comparing Constitutional Adjudication

ICL Journal ◽  
2014 ◽  
Vol 8 (4) ◽  
Author(s):  
Mirha Karahodžić
Keyword(s):  
Summer School ◽  
Education Law ◽  
Comparative Approach ◽  
Future Research ◽  
Constitutional Court ◽  
Council Of Europe ◽  
Judicial Decisions ◽  
Four Seasons ◽  
The University ◽  
Constitutional Adjudication

AbstractCoCoA Summer School, which has been initially run for four seasons (2006- 2009) by the Faculty of Law of the University of Trento under the European Marie Curie Programme, has been offered again in 2014 furthering the previous profitable experiences and keeping the same main features and purposes like providing an opportunity for senior (guest speakers) and junior scholars (tutors), legal advisors to Constitutional Court judges as well as younger researchers, post-doc students and PhD candidates (participants) to meet, interact, train and being trained and plan future research in comparative constitu­tional adjudication. The Summer School aims at comparing judicial decisions from national and European (ECtHR, ECJ) jurisdictions on selected constitutional issues. This year the topic was ‘Constitutional Adjudication in Education Law: A Comparative Approach within the Council of Europe’.

Constitutional Justice in Credit Crises. The Hungarian Case

Südosteuropa ◽  
2018 ◽  
Vol 66 (1) ◽  
pp. 94-118
Author(s):  
Fruzsina Gárdos-Orosz
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
Case Law ◽  
Critical Assessment ◽  
Basic Rule ◽  
Constitutional Court ◽  
Judicial Decisions ◽  
Hungarian Case ◽  
Constitutional Justice ◽  
Constitutional Adjudication

Abstract The economic crisis of 2008 brought about a rapid depreciation in the exchange rate of the Hungarian forint (HUF). Debtors in Hungary had borrowed money in foreign currencies—especially the Swiss franc—and now found themselves in a significantly deteriorating situation. The consequences of increased indebtedness reached all levels of society. On various grounds, consumers took out numerous civil law proceedings to challenge consumer loan agreements. Questions raised by these lawsuits were, several times, brought to Hungary’s Supreme Court, and were then taken to the legislature. The legislative acts and judicial decisions that ensued were subsequently reviewed by the Constitutional Court of Hungary. This article analyses the case law the Constitutional Court applied in this crisis situation, and brings out the lack of balancing capacity in the constitutional adjudication. Referring to the principles of basic Rule of Law, the author makes a critical assessment of the new constitutional ideas, measures and legal solutions that emerged.

Doctor of Business Administration (D.B.A.): A Viable Credential for Faculty in Programmatically Accredited Business Degree Programs?

10.28945/3529 ◽  
2016 ◽  
Vol 11 ◽  
pp. 217-226 ◽  
Author(s):  
Helen L MacLennan ◽  
Anthony A Pina ◽  
Kenneth A Moran ◽  
Patrick F Hafford
Keyword(s):  
Doctoral Program ◽  
Business Administration ◽  
Academic Programs ◽  
Future Research ◽  
Degree Programs ◽  
Business Programs ◽  
Professional Degree ◽  
Doctor Of Philosophy ◽  
Business Practitioners ◽  
The University

Is the Doctor of Business Administration (D.B.A) a viable degree option for those wishing a career in academe? The D.B.A. degree is often considered to be a professional degree, in-tended for business practitioners, while the Doctor of Philosophy (Ph.D.) degree is por-trayed as the degree for preparing college or university faculty. Conversely, many academic programs market their D.B.A. programs to future academicians. In this study, we investigat-ed whether the D.B.A. is, in fact, a viable faculty credential by gathering data from univer-sity catalogs and doctoral program websites and handbooks from 427 graduate business and management programs to analyze the terminal degrees held by 6159 faculty. The analysis indicated that 173 institutions (just over 40% of the total) employed 372 faculty whose ter-minal degree was the D.B.A. This constituted just over 6% of the total number of faculty. Additionally, the program and faculty qualification standards of the six regional accrediting agencies and the three programmatic accrediting agencies for business programs (AACSB, IACBE, and ACBSP) were analyzed. Results indicated that all these accrediting agencies treated the D.B.A. and Ph.D. in business identically and that the D.B.A. was universally considered to be a valid credential for teaching business at the university level. Suggestions for future research are also offered.

A RECOMENDAÇÃO (2000)19 DO CONSELHO DA EUROPA E O INQUÉRITO Nº 4.781 DO SUPREMO TRIBUNAL FEDERALTHE COUNCIL OF EUROPE RECOMMENDATION REC (2000)19 AND THE BRAZILIAN CONSTITUTIONAL COURT INVESTIGATION Nº 4.781

2020 ◽  
Vol 10 (19) ◽  
Author(s):  
Túlio Fávaro Beggiato
Keyword(s):  
Constitutional Court ◽  
Council Of Europe

A análise a respeito da (in)adequação de procedimento investigatório instaurado e conduzido pela Corte Constitucional brasileira demanda a utilização de standards internacionais. A convergência internacional em temas que dizem respeito aos direitos humanos deve ser levada a sério na interpretação doméstica do modelo acusatório implementado pela Constituição de 1988. A maturação de novos horizontes culturais com a expansão material da proteção dos direitos humanos solidificou a radical separação de funções entre o órgão de acusação e o órgão julgador. A especialização de um órgão que conduz ou supervisiona a investigação e realiza a acusação assegura o interesse público no enfrentamento da criminalidade ao tempo que garante a imparcialidade do julgador. A condição de terceiro do órgão julgador evita a concentração de poderes com potenciais abusos em face de suspeitos, como garantia do devido processo legal. A contextualização a respeito da autoridade e do prestígio da recomendação Rec(2000)19 advinda do Conselho da Europa faz-se necessária para fins de aquilatar o valor da complementaridade entre a acusação e o órgão julgador, com a decorrente autocontenção judicial, como fator de legitimação da justiça criminal e de proteção aos direitos humanos.

The Max Planck Handbooks in European Public Law

2020 ◽  
Keyword(s):  
Public Law ◽  
The Body ◽  
Comparative Approach ◽  
Max Planck ◽  
Constitutional Courts ◽  
Individual Country ◽  
Country Report ◽  
Supreme Courts ◽  
Legal Space ◽  
Constitutional Adjudication

This book continues the thick comparative approach that lies at the heart of the Max Planck Handbook series. It addresses one of the most significant phenomena of modern-day public law: constitutional adjudication. This book introduces, through individual country reports, the institutions and practices that make constitutional adjudication come to life across the Continent. Thus, each country report will explain the history, design, composition, and practice of the body that engages (or not) in constitutional scrutiny. To draw as complete a picture as possible, the book includes countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space.

Dieter Grimm

2020 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
Constitutional Law ◽  
The United States ◽  
Public Intellectual ◽  
Law School ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
European Democracy ◽  
Humboldt University ◽  
Post War ◽  
Constitutional Adjudication

Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt University Berlin and did so simultaneously at the Yale Law School until 2017. He was one of the most influential justices of the German Constitutional Court where he served from 1987 to 1999 and left his marks on the jurisprudence of the Court, especially in the field of fundamental rights. He directed one of the finest academic institutions worldwide, the Wissenschaftskolleg zu Berlin (Institute for Advanced Study). He is also well known as a public intellectual who speaks up in questions of German politics and European integration. This book contains a conversation that three scholars of constitutional law led with Dieter Grimm on his background, his childhood under the Nazi regime and in destroyed post-war Germany, his education in Germany, France, and the United States, his academic achievement, the main subjects of his research, his experience as a member of a leading constitutional court, especially in the time of seminal changes in the world after the fall of the Berlin Wall, and his views on actual challenges for law and society. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication, which one would not find in legal textbooks or treatises. Oxford University Press previously published his books on Constitutionalism. Past, Present, and Future (2016) and The Constitution of European Democracy (2017).

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals Public Administration and Values Oriented to Sustainability: A Systematic Approach to the Literature

2021 ◽  
Vol 13 (5) ◽  
pp. 2566
Author(s):  
Isabel Marques ◽  
João Leitão ◽  
Alba Carvalho ◽  
Dina Pereira
Keyword(s):  
Public Administration ◽  
Future Research ◽  
Main Research ◽  
Sustainable Performance ◽  
Future Research Agenda ◽  
Research Collaborations ◽  
Work Area ◽  
The Social ◽  
The Usa ◽  
The University

Values guide actions and judgements, form the basis of attitudinal and behavioral processes, and have an impact on leaders’ decision-making, contributing to more sustainable performance. Through a bibliometric study and content analysis, 2038 articles were selected from Scopus, from the period 1994–2021, presenting global research tendencies on the subject of values, public administration, and sustainability. The results indicate that Sustainability is the most productive journal, the main research category is in social sciences, the most productive institution is the University of Queensland, the location with the most publications and research collaborations is the USA, and the authors with the greatest number of articles are Chung, from Chung-Ang University; García-Sánchez, from the University of Salamanca; and Pérez, from the University of Cantabria. Analysis of keywords shows that the most relevant are “sustainability”, “CSR”, “sustainable development”, “innovation”, and “leadership”. Time analysis of keywords reveals a tendency for lines of research in the social and work area. The results also provide data about the framing of studies in sustainability pillars and the types of values referred to and indicate the main areas of public administration studied. Finally, a future research agenda is proposed.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Using Deep Learning to Understand Travel Demands in Different Urban Districts

2021 ◽  
pp. 036119812199458
Author(s):  
Shunhua Bai ◽  
Junfeng Jiao
Keyword(s):  
Built Environment ◽  
Travel Behavior ◽  
Prediction Accuracy ◽  
Travel Demand ◽  
Short Term Memory ◽  
Future Research ◽  
Demand Forecast ◽  
Time And Space ◽  
The University ◽  
The Impact

Travel demand forecast plays an important role in transportation planning. Classic models often predict people’s travel behavior based on the physical built environment in a linear fashion. Many scholars have tried to understand built environments’ predictive power on people’s travel behavior using big-data methods. However, few empirical studies have discussed how the impact might vary across time and space. To fill this research gap, this study used 2019 anonymous smartphone GPS data and built a long short-term memory (LSTM) recurrent neural network (RNN) to predict the daily travel demand to six destinations in Austin, Texas: downtown, the university, the airport, an inner-ring point-of-interest (POI) cluster, a suburban POI cluster, and an urban-fringe POI cluster. By comparing the prediction results, we found that: the model underestimated the traffic surge for the university in the fall semester and overestimated the demand for downtown on non-working days; the prediction accuracy for POI clusters was negatively related to their adjacency to downtown; and different POI clusters had cases of under- or overestimation on different occasions. This study reveals that the impact of destination attributes on people’s travel demand can vary across time and space because of their heterogeneous nature. Future research on travel behavior and built environment modeling should incorporate the temporal inconsistency to achieve better prediction accuracy.

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