Law Commons^™

Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith

Law Faculty Publications

No abstract provided.

Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

No abstract provided.

Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam

Book Chapters

In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …

Конституционный Процесс В Регионе Ближнего Востока, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Studying of the Constitutional Law of the Middle East countries represents considerable interest because the given region is near to southern borders of Russia, other Post-Soviet countries and should mention their political, economic and humanitarian interests. In a number of the region countries there are unstable po-litical regimes (Iraq, Afghanistan, etc.), their constitutional development is braked and is affected by the system of international sanctions (United Nations, European Union) or State Law of the leading states of the West. On the constitutional devel-opment of some the countries (Islamic Republic Iran, the Lebanese Republic, Algeria, etc.) essential if not solving influence …

Политические Процессы В Регионе Ближнего И Среднего Востока, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Studying of political processes in the countries of the Middle East represents considerable interest because the given region is near to southern borders of Russia, other Post-Soviet countries and should mention their political, economic and humanitarian interests. In a number of the region countries there are astable political modes (Iraq, Afghanistan, etc.), their constitutional development is braked and is affected by system of the international sanctions (the United Nations, the European Union) or State Law of the leading states of the West. On political development of some the countries (Islamic Republic Iran, the Lebanese Republic, Algeria, etc.) essential if not …

Systems Pluralism And Institutional Pluralism In Constitutional Law: National, Supranational, And Global Governance, Daniel Halberstam

Book Chapters

Constitutions are often seen as creating a closed and hierarchically organized system of law. Constitutional systems are taken as closed to claims of legality from outside the system and as setting forth a hierarchy of norms and institutions that governs within the system. This consolidation of authority, in turn, is predominantly associated with a radical political (re)founding of the state. Politics are framed by law and law is grounded in an act of collective politics on the part of an existing or aspiring community defined by shared histories, norms, processes, and politics.

Local, Global And Plural Constitutionalism: Europe Meets The World., Daniel Halberstam

Book Chapters

The idea that constitutionalism is central to the legitimate exercise of public power has dominated the modern liberal imagination since the Enlightenment. The ideal of limited collective self-governance has spawned a rich and highly diverse tradition of hard-fought national constitutions from the time of the Glorious Revolution into the present. Today, however, constitutionalism faces its greatest challenge yet: the question of its continued relevance to modern governance. With the explosion of governance beyond the state, many wonder whether constitutionalism as we know it is being marginalized or altogether undermined.

Semiprocedural Judicial Review, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article explores a novel cross-national phenomenon: the emergence of a new judicial review model that merges procedural judicial review with substantive judicial review. While this model is not yet fully defined, it has already spurred much controversy. The Article explicates this emerging model, which it terms 'semiprocedural review,' and provides a theoretical exploration of both its justifications and its objectionable aspects. It concludes by evaluating semiprocedural review's overall justifiability and suggesting guiding principles for a more legitimate model of semiprocedural review. The Article pursues these goals through the unique perspective of juxtaposing semiprocedural review with 'pure procedural judicial review' …

A Constitutional Case For Amending Article 9, Craig Martin

Craig Martin