scholarly journals Permanent Economic Emergency in Argentina and its Constitutional Implications

2021 ◽  
Vol 13 (2) ◽  
pp. 87
Author(s):  
Juan Santiago Ylarri
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Judicial Review ◽  
Emergency Situation ◽  
Two Dimensions ◽  
State Of Emergency ◽  
Court Of Justice ◽  
Legislative Delegation ◽  
The Subject ◽  
Broad Consensus

There is broad consensus among legal scholars about the existence of a permanent economic emergency in Argentina. This article examines the origin of the doctrine of economic emergency and its evolution in the Argentine Supreme Court of Justice decisions. Various regulatory devices implemented to face the economic crises are analyzed, and it is emphasized that the declaration of a state of emergency has not been made only by means of Congress formal legislation, but through the legislative powers of the President. The requirements for the validity of regulations of emergency are set forth in this article, including the actual existence of a state of emergency, a public interest, that the measure be reasonable, and the provisional nature of the emergency. Considering that courts have not exerted proper judicial review over the regulations of emergency, guideli¬nes to implement adequate judicial review over the subject at issue are presented. It is stated that the declaration of economic emergency and the factual circumstances underlying such declaration is a question subject to judicial review. In exercising the judicial review about this issue, two dimensions may be considered. First, timing, and, second, the correlation that must exist between a regulation —law, legislative delegation, or a decree of necessity and urgency— and the emergency situation it is intended to fight against. Finally, specific features of judicial review depending on the type of regulation that has declared the emergency are studied.

Judicial Review of Knesset Decisions by the High Court of Justice

1994 ◽  
Vol 28 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Meir Shamgar
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Limited Range ◽  
Democratic Regime ◽  
High Court ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
The Subject

Some fifteen years ago, an address on the subject of judicial review of the actions of the Knesset would have been extremely short and quite familiar to English jurists. Our practice was basically the same as in England: the Parliament is sovereign, its laws inviolate, and its inner proceedings immune from review.Beginning with two decisions in the early 1980s, Flato-Sharon and Sarid, the Court has gradually recognized the justiciability of a limited range of Knesset decisions. While the precise level of review varies according to the type of decision at issue, the Court's review has been motivated in all cases by the need to preserve the rule of law and the integrity of our democratic regime.

Part V Judicial Review before the Court of Justice of the European Union, 2 Direct Actions and Judicial Review before the Union Courts

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
European Commission ◽  
Judicial Review ◽  
Subject Matter ◽  
State Aid ◽  
Access To Justice ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject

This chapter addresses access to justice in the context of centralized enforcement of EU State aid law and judicial review before the Union courts. The subject matter of litigation is State aid measures adopted in particular by the European Commission as the main supervisory body in this field pursuant to Article 108 TFEU. The term ‘access to justice’ is meant to comprise both the various conditions of standing for bringing direct actions against such measures before the General Court (GC), which essentially comprise actions for annulment (Article 263 TFEU), actions for failure to act (Article 265 TFEU), and actions for damages (Article 268 in combination with Article 340(2) TFEU). The chapter also looks at the nature and the types of acts that are possibly subject to judicial review before the GC.

The Origins of Judicial Review in Canada

1983 ◽  
Vol 16 (1) ◽  
pp. 115-134 ◽  
Author(s):  
Jennifer Smith
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
The Supreme Court ◽  
The Subject

abstractThe origins of judicial review in this country have been the subject of debate among legal scholars. This article examines the conflicting accounts provided by W. R. Lederman and B. L. Strayer, and attempts to assess them in the light of the Confederation debate, 1864–1867, and the debate surrounding passage of the Supreme Court Act in 1875. It arrives at these considerations: that the intentions of the founders are of greater significance than has hitherto been suggested; that both the founders themselves and the legislators in 1875 held conflicting expectations on the role of the Supreme Court in constitutional matters; and that this conflict has left its mark on the court. The article concludes that reflection on the origins of judicial review ought to temper the enthusiasm with which many Canadians have greeted the advent of the Charter of Rights and Freedoms.

scholarly journals A Few Remarks on the Scope of Judicial Review Performed by the Union Judge

Teisė ◽  
2019 ◽  
Vol 112 ◽  
pp. 8-20
Author(s):  
Virgilijus Valančius
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Civil Service ◽  
The European Union ◽  
Dominant Position ◽  
Judicial Control ◽  
Court Of Justice ◽  
Legal Texts ◽  
The Subject ◽  
General Aspects

This article presents some general aspects of the scope of judicial review applied by the Court of Justice of the European Union as well as its particularities in competition (the research comprises cases concerning agreements restricting competition and the abuse of a dominant position) and civil service cases. As legal texts of the European Union do not provide the precise scope of judicial control, the jurisprudence of the Court of Justice of the European Union is one of the main sources giving clarifications on this issue. This article focuses accordingly on the presentation of the relevant jurisprudence, which analyzes the subject matter in general and reflects the evolution of this Court’s approach in the said competition and civil service cases.

Access to the Federal Court of Justice in Germany

2019 ◽  
Vol 81 ◽  
pp. 194-213
Author(s):  
Michael Stürner
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Federal Court ◽  
Appellate Courts ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Federal Court Of Justice ◽  
Major Reform ◽  
Individual Justice ◽  
Civil Justice System

The text explains the role of the Supreme Court in the civil justice system in Germany with reference to a major reform of civil procedure that was enacted in 2001. The reform of access to the Federal Court of Justice aimed at striking a balance between individual justice and public interest. The author discusses the requirements of admissibility of ordinary appeal and appeal on points of law, which may be filed to the Federal Court of Justice. The German legislator has notably renounced the ratione valoris criterion (monetary threshold) and adopted the requirement of the leave to appeal. The power to restrict access to the Supreme Court was conferred on appellate courts. As a consequence, an appeal on points of law may be lodged only if it is admitted by judex a quo. Although the denial of admission is subject to appeal, the text argues that the reasons for admittance ensure that the public interest in uniform adjudication and clarification of law will be duly served.

scholarly journals O Tribunal Superior do Trabalho e o trabalho escravo

2018 ◽  
Vol 1 (1) ◽  
pp. 151
Author(s):  
Sarah Gabay Pereira ◽  
José Claudio Monteiro de Brito Filho
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Point Of View ◽  
Court Of Justice ◽  
The Subject ◽  
The Law ◽  
Criminal Matters ◽  
Federal Supreme

Estudo que pretende analisar, do ponto de vista qualitativo, três decisões do Tribunal Superior do Trabalho (TST) no tocante ao trabalho em condições análogas à de escravo, verificando sua compatibilidade com a posição dominante do Supremo Tribunal Federal (STF) a respeito da temática, além de com decisões do Superior Tribunal de Justiça (STJ). A pesquisa será feita pela análise, como dito, qualitativa de decisões do TST, sendo, por isso, fonte de pesquisa principal a jurisprudência desse tribunal a respeito. Secundariamente, até para o confronto que será realizado, serão utilizadas, ainda, como fontes de pesquisa, a legislação, a doutrina e, especialmente, decisões do STF e do STJ que tratam do trabalho escravo, e que, embora tomadas principalmente em matéria penal, podem ser relacionadas à matéria trabalhista, que é a que motiva as decisões do TST a respeito da temática. Em síntese, o presente texto possui como escopo identificar o entendimento do TST em relação ao trabalho escravo, fazendo, ao final, comparação com o que vem sendo decidido por STF e STJ.  PALAVRAS-CHAVE: Trabalho escravo. Tribunal Superior do Trabalho. Caracterização. “Lista suja”.  Abstract This study intends to analyze, from a qualitative point of view, three decisions of the Superior Labor Court (TST) regarding work in conditions analogous to slavery. The purpose is to verify the compatibility of these decisions with the understanding of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) on the subject. Secondarily, the law, doctrine and, especially, STF and STJ decisions on the subject will be used as research sources in criminal law, linking the understanding in criminal matters with the understanding of the subject at hand. In summary, the present study has as its scope to comparatively identify the understanding of the decisions of the Superiors Courts regarding issues involving work in conditions analogous to that of slave.  KEYWORDS: Slavery. Superior Labor Court. Description. Employers' Registry. Dirty list.

“Contract Clause” Litigation in Colombia; A Comparative Study in Judicial Review

1948 ◽  
Vol 42 (6) ◽  
pp. 1103-1126 ◽  
Author(s):  
J. A. C. Grant
Keyword(s):  
Comparative Study ◽  
Supreme Court ◽  
Judicial Review ◽  
Attorney General ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Law ◽  
The Government

The 1910 amendments to the Colombian constitution provided:Art. 40. In every case of incompatibility between the Constitution and the law the constitutional provisions shall be applied by preference.Art. 41. To the Supreme Court of Justice is confided the guardianship of the integrity of the Constitution. Consequently, in addition to the powers conferred upon it by this Constitution and the statutes, it shall have the following: To decide definitively as to the enforceability of bills that have been vetoed as unconstitutional by the Government, or as to all laws and decrees accused before it by any citizen as unconstitutional, first hearing the Attorney-General of the Nation.The first function, “to decide definitively as to the enforceability of bills that have been vetoed as unconstitutional,” was merely a restatement of the plan copied from Ecuador in 1886 and still in use, although it has proved a major disappointment.

11. Standing: litigation and the public interest

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Judicial Review ◽  
European Court Of Justice ◽  
Judicial Process ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Human Rights Act

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not assert a right to a remedy, but must have a ‘sufficient interest’ in the matter. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing before the European Court of Justice, standing for public authorities, and standing to intervene.

Part VIII The Government’s Legal Personality, Ch.53 Government Contracts

2016 ◽  
Author(s):  
Varottil Umakanth
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Judicial Review ◽  
Government Contracts ◽  
Government Contracting ◽  
Legal Personality ◽  
Contractual Obligation ◽  
Key Issues ◽  
The Government ◽  
Indian Supreme Court

This chapter examines the Indian constitutional position relating to the formation of contracts and the substantive elements of government contracting. In particular, it considers the key issues and controversies surrounding government contracts and the contracting power of the government. It first discusses the formation of contracts to which the government is a party, along with the circumstances when the government can enter into a contract that binds it into a contractual obligation. It then describes the manner in which the government arrives at a decision to enter into—or award—a contract with (or to) a specific individual or business. It also comments on the nature and extent of judicial review of government contracting. Finally, it explains how the Indian Supreme Court has struck a balance to protect public interest from unauthorised government contracts, while also providing protection to contracting parties to a certain extent.

scholarly journals Karol Dobrzeniecki, Prawo wobec sytuacji nadzwyczajnej. Między legalizmem a koniecznością, Toruń 2018. Recenzja

2020 ◽  
pp. 121-125
Author(s):  
Arkadiusz Barut
Keyword(s):  
Constitutional Law ◽  
Emergency Situation ◽  
Moral Issue ◽  
Legal Regulations ◽  
State Of Emergency ◽  
Emergency Situations ◽  
Interdisciplinary Character ◽  
The Subject ◽  
The Relationship ◽  
Philosophical Doctrine

The subject of the review is a monograph by Karol Dobrzeniecki “Law on emergency situations. Between legalism and necessity” (Toruń 2018). According to the reviewer, the nature of the work determines the distinction between an emergency situation, that is, a factual state requiring action not provided for by law and a state of emergency, i.e. a legal institution. The main purpose of the work is to analyze the relationship between the recognition of an exceptional situation only in legal terms, and its approach as a political and moral issue. The work has interdisciplinary character. Karol Dobrzeniecki, analyzing jurisprudence, political philosophical, doctrine of constitutional law, as well as constitutional, international and supranational legal regulations, points out the danger of legal "normalization" of a state of emergency, that is, the penetration of its specific solutions into the law intended for the ordinary situation, and hence blurring of the distinction between ordinary and exceptional situations. The author of the reviewed monograph believes that the exceptional situation should be assessed primarily in moral and political categories, being aware of the tragic nature of the choices made at the time.

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