scholarly journals Encuesta sobre la renovación del Tribunal Constitucional

2011 ◽  
pp. 13
Author(s):  
Teoría y Realidad Constitucional
Keyword(s):  
Present Situation ◽  
Public Law ◽  
Constitutional Court ◽  
Law Professors

This academic survey, answered by Public Law Professors, focuses on the present situation of the Spanish Constitutional Court, and this Professors express their opinions about the composition of the Court, the new way on which its members are appointed by the Parliaments of the «Comunidades Autonomas», the requirements to be elected, the new rule relative to the «prorrogatio» in the term of office, and the delay in the election of the new members.Esta encuesta académica, a la que responden un grupo de Profesores de Derecho Constitucional, está dedicada a la renovación del Tribunal Constitucional y en ella se responde a preguntas relativas a su composición, el nuevo sistema de elección de magistrados en el que intervienen las Asambleas Legislativas de las CCAA, los requisitos de elegibilidad, la nueva norma sobre la «prorrogatio» de funciones y los retrasos en los nombramientos de nuevos magistrados.

Risk in Law – Law in Risk: The 50th Annual Meeting of Public Law Assistants in Greifswald, 23–26 February 2010

2010 ◽  
Vol 11 (5) ◽  
pp. 551-567 ◽  
Author(s):  
Stefan Kirchner ◽  
Sebastian Recker
Keyword(s):  
Annual Meeting ◽  
Public Law ◽  
The State ◽  
Constitutional Court ◽  
Doctoral Studies ◽  
Academic Exchange ◽  
German Speaking ◽  
In The Beginning ◽  
Doctoral Candidates ◽  
Law Professors

The 50th Assistententagung, the annual meeting of public law assistants, convened this year in Greifswald. Greifswald is not only home to academic institutions, but also has a long legal history and is the host city of both the State Constitutional Court and the Highest Court of Administrative Law in the state of Mecklenburg-Western Pomerania. The meeting's aim was to facilitate an exchange between postdoctoral and doctoral candidates on questions relating to public law. Until 1959, the assistants in public law, who are usually conducting doctoral or post-doctoral studies, had been admitted to the annual meeting of public law professors. Assistants could benefit from professors' wealth of experience, including how to structure lectures and how to answer difficult questions, through participation in the Public Law Professors' Meeting. With the exclusion of non-professors from the annual Staatsrechtslehrertagung in the 1950s, assistants no longer had a forum to learn how to perform as academics. This exclusion resulted in the beginning of the annual meeting of German-speaking public law assistants in 1961 in Hamburg, to which not only postdoctoral candidates, but also doctoral candidates were welcomed. The meeting served as both a training course and an opportunity for academic exchange. And it was therefore in accordance with tradition that Jörg Scharrer, who hosted the first panel, had to ask the dean of the law faculty at Greifswald University, Prof. Dr. Axel Beater, to leave the building before opening the first session.

scholarly journals Encuesta: el método comparado en Derecho constitucional

2018 ◽  
pp. 15
Author(s):  
Benito Aláez Corral ◽  
Francisco Balaguer Callejón ◽  
Raul Canosa Usera ◽  
María Jesús García Morales ◽  
Javier García Roca ◽  
...  
Keyword(s):  
Constitutional Law ◽  
Comparative Method ◽  
Present Situation ◽  
Constitutional Court ◽  
Comparative Constitutional Law ◽  
Law Professors

En esta encuesta un grupo de Catedráticos de Derecho Constitucional contestan un conjunto de preguntas sobre el uso del método comparado en el derecho constitucional español, y sobre la influencia de modelos o referentes extranjeros durante el proceso constituyente, en la actividad legislativa y en la del Tribunal Constitucional, así como también algunas preguntas sobre los estudios de derecho constitucional comparado.In this academic survey a group of Constitutional Law Professors answer some questions about the role of the comparative method in the Spanish constitutional law, and the influence of foreign models in the constitutional process, the legislator and the Constitutional Court, as well as about the present situation of comparative constitutional law studies.

Streikverbot für Beamte – sowohl verfassungs- als auch konventionsgemäß? Kritische Anmerkungen zum Urteil des BVerfG vom 12.6.2018

2018 ◽  
Vol 101 (4) ◽  
pp. 376-394
Author(s):  
Shu-Perng Hwang
Keyword(s):  
International Law ◽  
Public Law ◽  
Civil Servants ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Public International Law ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

This article critically approaches the recent decision of the German Federal Constitutional Court regarding the ban on strikes for civil servants. It shows that the judgment cannot be seen as a decision committed to international public law, as some scholars suggest. By once more adopting a material understanding of Art. 33 para. 5 Basic Law and thereby not only confirming the constitutionality, but in particular the constitutional status of the ban on strikes for civil servants, the court holds on to the absolute primacy of the Basic Law that is not to be undermined by the ECHR or the jurisprudence of the ECtHR as a means of interpretation. The reference to the need to contextualize the jurisprudence of the ECtHR as well as the emphasis on the national particularity of the Federal Republic of Germany clearly indicate that, by developing a state-centred principle of commitment to public international law, the court does not seek to align and harmonize the requirements of the ECHR and the Basic Law by developing a state-centred principle of commitment to public international law but rather to achieve a delimitation of competences between the spheres of the ECtHR and the Federal Constitutional Court.

Developing the Jurisprudence of Constitutional Remedies for Breach of Fundamental Rights in South Africa: An Analysis of Hoffman and Related Cases

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The Novel ◽  
Labour Law

In order to accomplish its objectives of extensively regulating rights and obligations, the 1996 Constitution of South Africa similarly provides for the enforcement of those rights by the courts. In turn, it has, in the said enforcement provisions, invested in the courts enormous discretionary powers to enable them to effectively deal with breaches of the entrenched fundamental rights as well as all constitutional rights violations. That the Constitutional Court has purposefully interpreted and made optimum use of the expressions: ‘appropriate relief’ and ‘just and equitable’ order in developing the constitutional remedies jurisprudence is crystal clear from a wealth of available case law. It is also not in doubt that the contributions of Justice Ngcobo (later Chief Justice) in this regard are intellectually gratifying. This presentation singles out for discussion and analysis the judgment of Ngcobo J in Hoffman v South African Airways 2001 (1) SA 1 (CC) which not only typifies judicial activism at its acme; it has also introduced into the South African public and labour laws, the novel remedy of ‘instatement.’ Apparently drawn from the analogy of the labour law remedy of reinstatement, ‘instatement’ is akin to the remedy of mandamus in public law, and specific performance in the law of contract. This article moves from the premise that this innovation is one of its kind in contemporary common law jurisprudence and one which courts in the common law jurisdictions world would no doubt emulate one fine day.

The First Edinburgh Chair in Law: Grotius and the Scottish Enlightenment

2015 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Natural Law ◽  
Legal Education ◽  
Public Law ◽  
Scottish Enlightenment ◽  
Intellectual Content ◽  
Hugo Grotius ◽  
University Of Edinburgh ◽  
The Law ◽  
The University ◽  
Law Professors

This chapter examines the development of teaching from the chair of Public Law and the Law of Nature and Nations at the University of Edinburgh during the Scottish Enlightenment, with particular emphasis on the intellectual content of the classes and the politics of professorial appointments. For the first half-century, law teaching from the chair was intermittent. However, this does not mean that the holder was incapable or unlearned. When the holder of the chair did teach, the class was based on Hugo Grotius' De iure belli ac pacis libri tres. The chapter first provides an overview of legal education in Scottish universities before profiling the law professors who were appointed to the new chair between 1707 and 1831, including Charles Areskine, William Kirkpatrick, George Abercromby, Robert Bruce, James Balfour, Allan Maconochie, and Robert Hamilton. Robert Bruce was the last holder of the chair to teach Grotius' natural law.

La place de la coutume internationale en droit public français

2013 ◽  
Vol 12 (2) ◽  
pp. 267-271 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
International Law ◽  
Case Law ◽  
Public Law ◽  
Legal Order ◽  
Constitutional Court ◽  
International Treaty ◽  
Public International Law ◽  
Customary International Law ◽  
The Status

Abstract Bernard Stirn’s presentation examines the status of international custom in French public law. He notes that international custom may be considered as covered by the reference in the preamble of the Constitution to the rules of public international law. He underlines the increased effects of international custom in the French domestic legal order as enshrined in the latest developments of the case-law of the Conseil d’Etat. He stresses that whilst French administrative judges may set aside a law in the event of a conflict with the provisions of an international treaty, they do not possess a similar power in the case of a conflict with a rule of customary international law. He concludes by citing cases in which the French constitutional court has made reference to international custom.

scholarly journals Civil law and the role of the State

2021 ◽  
Author(s):  
Attila Harmathy
Keyword(s):  
Everyday Life ◽  
Legal System ◽  
Civil Law ◽  
Present Situation ◽  
Public Law ◽  
The State ◽  
Role Of The State

Abstract The profound changes in both everyday life and the legal system over the last hundred years have transformed civil law as well. While the notion that civil law concerns relationships of private persons still prevails, the traditional public law–civil law division now seems questionable. This paper points out some of the key changes in civil law within the framework of the transformation of the legal system as a whole, and seeks to outline a different approach that may help better to understand the present situation.

scholarly journals Encuesta sobre la integración política de Europa (II) = Academic survey about constitutionalization of European Union (II)

2014 ◽  
Vol 1 (33) ◽  
pp. 11
Author(s):  
Benito Aláez Corral ◽  
Enrique Álvarez Conde ◽  
Paloma Biglino Campos ◽  
Rafael Bustos Gisbert ◽  
Teresa Freixes Sanjuán ◽  
...  
Keyword(s):  
European Union ◽  
Public Law ◽  
Democratic Deficit ◽  
Law Professors

En esta encuesta un grupo de Catedráticos de Derecho Público responden a preguntas sobre la construcción constitucional de Europa relacionadas con la crisis del concepto tradicional de soberanía, con el déficit democrático en las instituciones de la Unión Europea y en los Estados miembros, y sobre la legitimidad y las formas de legitimación de la Unión Europea.In this academic survey a group of Public Law Professors answer questions about constitutionalization of European Unión: about the crisis of the traditional sovereignty concept, the democratic deficit in UE institutions and in State members, and about legitimacy and legitimization in UE.

scholarly journals ARTICLE 25.2 OF SPANISH CONSTITUTION: A FUNDAMENTAL RIGHT OF PRISONERS?

2018 ◽  
pp. 61-90
Author(s):  
JOSÉ PABLO SANCHA DÍEZ
Keyword(s):  
Public Law ◽  
Constitutional Court ◽  
Constitutional Protection ◽  
Spanish Constitution

 Even though our Constitutional Court and a section of the Spanish public law doctrine continue to support that Article 25.2 contains only an instruction directed to the legislator in criminal and penitentiary matters, we could affirm that this aforementioned precept contains a real fundamental right to the reintegration of the prisoner, which is subject to constitutional protection.  In the same way, the true sense that should be granted to the re-socialization, avoiding the de-socialization of the prisoners, will be allowed to conclude that they have the same rights as men in freedom, with the exception of the triad of article 25.2: contents of condemnatory ruling, sense of punishment and penitentiary law.

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