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Comparative and Foreign Law Commons

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Articles 1 - 3 of 3

Full-Text Articles in Comparative and Foreign Law

The New East European Constitutional Courts, Herman Schwartz Jan 1992

The New East European Constitutional Courts, Herman Schwartz

Michigan Journal of International Law

This article will describe some aspects of the different tribunals in Russia, Hungary, Poland, Czechoslovakia, Bulgaria, and Romania, and will compare them with each other and with the U.S. Supreme Court. The first part will begin by explaining a few basic differences between the American and Continental systems of judicial review, and will then describe the functions of the new East European constitutional courts. The second part will use the decisions of the new Russian Constitutional Court to illustrate the new courts' exercise of authority, and will summarize the recent activities of a few other new constitutional courts.


Judicial Review Of The Compensation Law In Hungary, Peter Paczolay Jan 1992

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.


A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle Jan 1992

A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle

Michigan Journal of International Law

This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.