scholarly journals El control material de las reformas constitucionales en perspectiva comparada = The substantive control on constitutional amendments in a comparative perspective

2013 ◽  
pp. 391
Author(s):  
Sabrina Ragone
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Control Material ◽  
Constitutional Amendments ◽  
Supreme Courts ◽  
Political Actors ◽  
Selection Of

Este estudio investiga el alcance del papel de la jurisdicción constitucional relativa a las reformas, mediante el análisis de algunos casos representativos. Se centra en las decisiones tomadas en los ordenamientos seleccionados, donde los Tribunales Constitucionales —o Supremos, en su caso— han reivindicado la función de supervisores de la efectividad de los límites, frente a posibles excesos de los actores políticos. Para demostrar que el control de las reformas es un corolario imprescindible de la supremacía constitucional, estos órganos jurisdiccionales han empleado los diferentes argumentos que se analizan en el texto. This essay deals with the implications of the judicial review related to Constitutional amendments, through the selection of some representative cases. It focuses on the case-law of the legal systems chosen where Constitutional or Supreme Courts asserted being enabled to verify the effectiveness of limits against possible misuses by political actors. Those Courts used different arguments to demonstrate that the control of amendments is an unavoidable consecuence of the Constitutional supremacy and all of them are analyzed in the text.

scholarly journals Judicial Review of the Implementation of Development Policy – Ten Years of Practice

2020 ◽  
Vol 2 ◽  
pp. 41-53
Author(s):  
Anna Gilowska
Keyword(s):  
Judicial Review ◽  
Development Policy ◽  
Case Law ◽  
Important Criterion ◽  
Policy System ◽  
National System ◽  
Administrative Procedure ◽  
Review Model ◽  
Specific Project ◽  
Selection Of

The article addresses the issue of judicial review of decisions in the area of development policy (that consist in not qualifying a specific project for funding) and an attempt is made to assess the functioning of this measure on the tenth anniversary of its introduction into the national system for implementing this policy. The analysis of legal acts, doctrine and case law in the field of development policy allows one to draw the conclusion that the act of implementing the policy, i.e. selection of a specific project for financing, is a sui generis operation of administration, not subject to the provisions of the Code of Administrative Procedure. The most important criterion for assessing this measure should be its effectiveness, understood as the highest degree of implementation of the objective assumed under development policy. Hence, the model of review adopted in Poland and applied by administrative courts, appointed to examine the legality of reviewed acts, does not meet the expectations. The article is an attempt to assess the adopted review model in terms of its impact on the effectiveness of the development policy system and the effectiveness of protection granted.

scholarly journals REASONABLE ACCOMMODATION BASED ON RELIGIOUS BELIEFS OR PRACTICES. A COMPARATIVE PERSPECTIVE BETWEEN THE AMERICAN, CANADIAN AND EUROPEAN APPROACHES

2018 ◽  
pp. 85-118
Author(s):  
Oscar Pérez de la Fuente
Keyword(s):  
United States ◽  
Religious Beliefs ◽  
Case Law ◽  
Third Party ◽  
Comparative Perspective ◽  
Reasonable Accommodation ◽  
Legal Systems ◽  
Religious Minority ◽  
General Rules

In certain situations, religious minority members ask for an exception to general rules because they could be discriminatory for this collective. These exceptions are called reasonable accomodations and have been recognised in different legal systems, but always conditioned not to the presence of certain circumstances (costs, safety, third-party rights, etc.). In this article, the regulations and case law on reasonable accommodation in Canada, United States and Europe are analysed.

scholarly journals Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure

2019 ◽  
Vol 17 (1) ◽  
pp. 7-24
Author(s):  
Krisztina F. Rozsnyai
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Comparative Perspective ◽  
Coherent System ◽  
Legal Systems ◽  
Checks And Balances ◽  
Legislation And Jurisprudence ◽  
Administrative Action ◽  
Present Understanding

The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administration and the judiciary. To concretise these tendencies, the article analyses some relevant solutions given by the very new code on administrative court procedures, the Hungarian Act No. I of 2017. The most important elements of the regulation of procedures for judicial review of administrative action are provided in a dogmatic and a comparative perspective showing the changes of rules and/or their interpretation through the judiciary. Thus, also important challenges regarding the present understanding of the doctrine of separation of powers are emphasised. The most important elements of the new Hungarian regulation are presented in a coherent system, which also gives insight on the codificational considerations. Moreover, the legislation and jurisprudence must deal with the highlighted aspects in any national and EU legal systems alike.

Women's Participation in Politics: Ukrainian Case

2014 ◽  
Vol 2013 (3) ◽  
pp. 53-66
Author(s):  
Skovikov Alexey
Keyword(s):  
Political Culture ◽  
Separation Of Powers ◽  
Party Competition ◽  
Political Life ◽  
Ruling Class ◽  
Political Actors ◽  
Women's Participation ◽  
Democratic Transformation ◽  
Selection Of

AbstractThe international practices takes into account the question of women's participation in the political life of modern Ukraine. The selection of the state was due to the dynamic process of democratic transformation - the separation of powers, the formation of multi-party competition among political actors in the electoral process, the activity women in the various institutions of civil society. The position was claimed on the basis of empirical data range of academic institutions and reputable sociological centers, and also interviews with experts who said that the creation of real conditions for self-realization by women's interest in politics is only possible for long term. The process is controversial and caused by political culture, traditions and interests of the ruling class represented mainly by men.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

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