"Studies in Constitutional Law." Regulation of Commerce in the Federal Constitution

1907 ◽  
Vol 12 (12) ◽  
pp. 1058
Author(s):  
Thomas H. Calvert
1914 ◽  
Vol 2 (6) ◽  
pp. 496
Author(s):  
J. C. A.

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 175-180
Author(s):  
Luís Henrique Ramos Alves ◽  
Shirley Oliveira Lima Nomura

The separation of powers is a general principle of Brazilian Constitutional law prescribed in article 2 of the Federal Constitution following the model idealized by Montesquieu, Executive, Legislative and Judiciary, each of the powers has its respective characteristics and also has its typical and atypical functions. In the system of separation of powers there is a theory called System of Brakes and Counterweights, where it controls the division of powers and ensures that each one acts within its respective sphere of competence. With the passage of time within the Brazilian scenario has been emerging the so-called Judicial Activism, a phenomenon that arises when the judiciary proceeds to intervene proactively in the sphere of competence of other powers. With this, the present article seeks to show judicial activism, focusing on the exorbitance of the atypical function of the judiciary and how this judicial activism is triggered within the system of separation of powers.


Author(s):  
Christoph Winzeler

Abstract„In the Name of God the Almighty!“, Swiss constitutional law on religions - balancing and apeacing in historic tradition. From the 16th century onwards, the Reformation and its consequences have influenced the development of the Swiss Confederation. During the late Middle Ages, the Confederation had been struggling to find its way as a system of treaties within a growing number of Cantons. The Reformation divided the Cantons in two ‚camps‘, both trying to defeat each other on the battlefield, which resulted in four successive Peace Treaties (‚Landfriedensbünde‘). 1847 there was a last civil war between the conservative or catholic ‚camp‘ and the liberal or protestant majority. From 1848 until 1973, the Federal Constitution contained discriminations against catholics, including a probihition of the Jesuits. In 2009, under changed circumstances, a new religious discrimination was introduced into the Constitution: the ban on minarets. Islam is now making a way through Swiss history comparable to that of Catholicism in the 19th century. Yet the law of the Cantons, developed over the centuries, provides for adequate instruments to cope with the challenges of the 21st century.


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