Constitutional Law: Denial by State of the Right of Foreign Corporations to Defend Actions

1915 ◽  
Vol 3 (3) ◽  
pp. 235
Author(s):  
R. J. J.
Keyword(s):  
Constitutional Law ◽  
Foreign Corporations ◽  
The Right

The Position of Foreign Corporations in American Constitutional Law

1919 ◽  
Vol 32 (7) ◽  
pp. 864
Author(s):  
A. V. Dicey ◽  
Gerard Carl Henderson
Keyword(s):  
Constitutional Law ◽  
Foreign Corporations

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

2021 ◽  
Vol 51 (4) ◽  
pp. 595-607
Author(s):  
David T. Konig
Keyword(s):  
Constitutional Law ◽  
Theory And Practice ◽  
The Political ◽  
Constitutional Change ◽  
Second Amendment ◽  
The People ◽  
The Right ◽  
The U.S ◽  
Popular Constitutionalism

The controversy surrounding the Second Amendment—“the right of the people to keep and bear arms”—is, to a large extent, historical in nature, redolent of other matters in this country’s legal and constitutional past. But the historical analogies that might support the Amendment’s repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman’s Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions—as well as the perils—of undertaking the arduous amending process permitted by Article V of the U.S. Constitution.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

scholarly journals Settlement of conflict of interest in the process of beneficial housing at the expense of budget funds as a guarantee of the constitutional law

2021 ◽  
pp. 13-16
Author(s):  
Olena HALUS ◽  
Oleksandr BRYHINETS ◽  
Iryna RYZHUK
Keyword(s):  
Affordable Housing ◽  
Conflict Of Interest ◽  
Constitutional Law ◽  
Global Financial Crisis ◽  
Conflicts Of Interest ◽  
Standard Of Living ◽  
Vulnerable Groups ◽  
The Law ◽  
The Right ◽  
The Impact

The paper proves that the realization of the right to a dignified life can be effective only in the framework of legal activities, and the presence of special legal means, which are tools to ensure a dignified human existence, also plays an important role. The analysis revealed that each society has its own standards of understanding the right to a sufficient standard of living, the basis in this case should be the only generally accepted norms and standards, especially those enshrined in international legal instruments. Guarantees of constitutional law and housing and the right to an adequate standard of living are interrelated and represented by a system of political, economic, social conditions, legal means and mechanisms aimed at ensuring the proper exercise of these rights. The system of guarantees of the constitutional right to housing and a sufficient standard of living is represented by general and special (legal) guarantees. The purpose of preventing corruption due to conflict of interest is to form a unified approach of persons authorized to perform state or local government functions and persons equated to them, to understand and comply with the rules of prevention and settlement of conflicts of interest introduced by the Law of Ukraine “On Prevention of Corruption”. Preferential provision of housing for citizens is carried out through certain mechanisms: providing citizens with affordable housing, provided by the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Development of the Construction Industry and Housing Construction”; state, regional and local housing programs for certain categories of the population; providing social housing to socially vulnerable groups of the population of Ukraine.

Constitutional Protection of the Right to Self-Determination

2021 ◽  
pp. 1-21
Author(s):  
Marishet Mohammed Hamza
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Democratic Republic ◽  
Self Determination ◽  
Comparative Perspective ◽  
Constitutional Protection ◽  
Domestic Legislation ◽  
The Right ◽  
Legal Right

Abstract The right to self-determination is an essential international law principle that holds an erga omnes character. Also, the right is often enshrined under domestic legislation, including constitutions. The 1995 Federal Democratic Republic of Ethiopia Constitution (fdre Constitution) is one such constitution and, uniquely, it explicitly recognizes the right to self-determination including the right of secession as an unconditional right of the nations, nationalities, and peoples in Ethiopia. This paper selects the fdre Constitution and analyses whether such constitutional law frameworks better address some of the contentious matters concerning the right to self-determination under international law. In a comparative perspective (with international law), the article analyses, inter alia, how the fdre Constitution approach the questions of who the subjects of the right to self-determination are, and the substantive guarantees for exercising internal and external aspects of the right to self-determination with particular emphasis on secession as a legal right.

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