Constitutional Law. Concurrent Power under the Eighteenth Amendment. State Power to Seize Interstate Shipments of 3.2 Beer

1933 ◽  
Vol 33 (7) ◽  
pp. 1254
Keyword(s):  
Constitutional Law ◽  
State Power ◽  
Eighteenth Amendment

Labor Law: Constitutional Law: Due Process of Law: State Power to Enjoin Peaceful Picketing

1949 ◽  
Vol 47 (8) ◽  
pp. 1228
Author(s):  
L. B. Lea
Keyword(s):  
Constitutional Law ◽  
Due Process ◽  
Labor Law ◽  
State Power ◽  
Due Process Of Law

Constitutional Law. Former Jeopardy. Eighteenth Amendment

1923 ◽  
Vol 23 (4) ◽  
pp. 395 ◽  
Keyword(s):  
Constitutional Law ◽  
Eighteenth Amendment

scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

scholarly journals Fraus Legis in Constitutional Law: The Case of Expropriation "Without" or for "Nil" Compensation

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Martin Van Staden
Keyword(s):  
South Africa ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Services ◽  
The Public ◽  
Application Of Law ◽  
Eighteenth Amendment ◽  
The Republic ◽  
Legal Affair

Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To consider whether a transaction, or, it is submitted, an enactment, is an instance of fraus legis, an interpreter must have regard to the substance and not merely the form of an enactment. In 2018 Parliament resolved to amend section 25 of the Constitution of the Republic of South Africa, 1996 (the Constitution) to allow government to expropriate property without being required to pay compensation. While the public and legal debate has since before that time been concerned with "expropriation without compensation", the draft Constitution Eighteenth Amendment Bill, 2019 provides instead for expropriation where "the amount of compensation is nil". By the admission of Parliament's legal services unit, this is a distinction without a difference. But compensation and expropriation are legally and conceptually married, and as a result, it would be impermissible to expropriate without compensation – instead, nil compensation will be "paid". How does this current legal affair comport with the substance over form principle, and is fraus legis at play? This article considers the application of the fraus legis phenomenon to public law, utilising the contemporary case study of the Constitution Eighteenth Amendment Bill.

scholarly journals Comparative characteristics of unitarism and federalism: conceptual aspects of theory and practice

2020 ◽  
pp. 87-93
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Federal States ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

The aim of the article is a comparative legal study of the essential and substantial characteristics of unitarism and federalism asphenomena of modern constitutional law. The synergetic relationship between the doctrines of modern unitarism or federalism, theprinciples of unitarism or federalism of the state territory and the fundamental institutions of the political, legal and state-administrativelife of modern unitary and federal states is shown. It is proved that the state system is not only one of the important components of theprocess of achieving the tasks, goals and functions of modern states, but also an immanent sign and a strategic element of themechanism for the realization of their sovereign rights.Given the unitarity of the Ukrainian state, special emphasis is placed on the importance of the principles of unitarism in thefunctioning of the constitutional system of Ukraine. The complexity, importance and relatively widespread use of unitarity as a form ofgovernment is causing a lively and ever-growing scientific interest in it throughout the world. The unique ability of unitarism to takeinto account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is importantto analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism.The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one ofthe least studied in domestic constitutional law. Modern representatives of the science of constitutional law, as a rule, are limited to considerationof individual issues of the territory, in particular, the features of the territorial organization of state power and local selfgovernment,problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, a lack of study of the problemin contemporary Ukraine causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity,regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted thatin modern literature on issues of state territory, territorial organization of state power, and other issues of the status of territory, thecomp lex, multidimensional nature of unitarism as a constitutional category is not always taken into account.It is proved that unitarism and federalism are multidimensional socio-political and constitutional phenomena: these are ideas, andindependent theories and scientific directions, and global social and constitutional practices, and constitutional forms of existence andfunctioning of territorial collectives and regions, and the historical state of statehood, and forms of realization of national identity andcitizenship, etc.

Constitutional Law: Concurrent Power under the Eighteenth Amendment

1921 ◽  
Vol 19 (4) ◽  
pp. 435
Keyword(s):  
Constitutional Law ◽  
Eighteenth Amendment

scholarly journals THE PARADIGM OF CONTEMPORARY UNITARISM IN UKRAINE: ISSUES OF FORMATION AND IMPLEMENTATION

2021 ◽  
pp. 78-89
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Civic Consciousness ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

Aim. The article aims to investigate the essential and content characteristics of unitarism as a phenomenon of contemporary constitutional law. The synergistic connection between the doctrine of modern unitarism, the principles of unitarity of the state territory and the fundamental institutions of political-legal and state-administrative life of modern unitary states is shown. It proves that the unitary system is not only one of the important components of the process of accomplishing the tasks, goals and functions of most modern states, but also an immanent feature and strategic element of the mechanism of exercising their sovereign rights. Methods. The methodological basis encompasses philosophico-ideological, general scientific principles and approaches and special scientific methods of inquiry for constitutional and legal phenomena and processes. The philosophico-ideological basis of the study is the position of dialectics, on the basis of which the causes and factors of the evolution of unitarism are thoroughly investigated. In general, the research was conducted on the basis of a combination of ontological, epistemological and axiological analysis of contemporary unitarism. Results. The complexity, importance and relatively widespread use of unitarity as a form of government is causing a lively and ever-growing scientific interest in it throughout the world. The unique capability of unitarism to take into account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is important to analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism. The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one of the least studied in domestic constitutional law. Modern scholars studying constitutional law, as a rule, are limited to consideration of individual issues of the territory, in particular, the features of the territorial organization of state power and local self-government, problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, the problem has not been studied exhaustively in contemporary Ukraine which causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity, regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted that in modern literature related to problems of state territory, territorial organization of state power, and other issues of the status of territory, the complex, multidimensional nature of unitarism, as a constitutional category, is not always taken into account. Conclusions. Unitarism is proved to be a multidimensional socio-political and constitutional phenomenon: it is an idea, a theory, a scientific direction as well as a global social constitutional practice and a constitutional form of the existence and functioning of territorial communities, it is the historical condition of national statehood and Ukrainian regional civilization and the form of realization of the national identity and civic consciousness, etc.

Opinions about the Power of the People and the Powers of the State in Regulating the Constitution of Romania

2018 ◽  
Vol 24 (2) ◽  
pp. 172-177
Author(s):  
Aurelia Teodora Drăghici ◽  
Teodor Bodoașcă
Keyword(s):  
Constitutional Law ◽  
State Power ◽  
The State ◽  
The Other ◽  
Legal Doctrine ◽  
Public Authorities ◽  
The People ◽  
As If

Abstract In a perspective of a long-awaited and postponed revision of the Romanian Constitution, we consider that it is necessary to reanalyze the name of the state power, given to public authorities (legislative, executive and judicial), opposite the quality of the Romanian people's sole proprietor of power in the state. Under this aspect, the current constitution materializes an obvious normative indecision and inconsistency of terminology of the constituent Legislator.Also, in the legal doctrine of the field, although there are numerous and remarkable scientific works of constitutional law, he subject, as a rule, is bypassed, and the power of the people and the powers of the state are analyzed As if the first consecration would not exclude the other, And the recognition of the latter would not question the existence of the former

Constitutional Law: Concurrent Power under the Eighteenth Amendment

1921 ◽  
Vol 10 (1) ◽  
pp. 70
Author(s):  
L. L. T.
Keyword(s):  
Constitutional Law ◽  
Eighteenth Amendment

Constitutional Law: Validity of the Eighteenth Amendment

1931 ◽  
Vol 29 (6) ◽  
pp. 777
Keyword(s):  
Constitutional Law ◽  
Eighteenth Amendment
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