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The Constitutional Court of Hungary

László Sólyom

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0008
Subject:
Law, Public International Law, EU Law

This chapter is an overview of the Hungarian Constitutional Court. It first discusses the origins, history, and development of the Constitutional Court. The chapter then turns to the organization of ... More


National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC †

Carl Lebeck

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0028
Subject:
Law, Public International Law

The basic principle for the Bundesverfassungsgericht (German Federal Constitutional Court) has been that the international delegation of limited and revocable powers generally has been accepted as ... More


South Africa: From Constitutional Promise to Social Transformation

Heinz Klug

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0007
Subject:
Law, Comparative Law

South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven ... More


The Constitutional Court of The Republic of Latvia

Ineta Ziemele, Alla Spale, and Laila Jurcēna

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0010
Subject:
Law, Public International Law, EU Law

This chapter examines constitutional review in Latvia. When the Latvian Constitution—the Satversme—was adopted in 1922, the European model of constitutional courts existed, but the idea of ... More


The Austrian Constitutional Court

Christoph Grabenwarter

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0002
Subject:
Law, Public International Law, EU Law

This chapter pays attention to the Austrian Constitutional Court. This court-constitutional adjudication is characterized by a single institution, which in its competences and organizational ... More


The Italian Constitutional Court

Raffaele Bifulco and Davide Paris

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0009
Subject:
Law, Public International Law, EU Law

This chapter looks at the origins, history, and present-day status of the Italian Constitutional Court. It argues that the theme of the Italian constitutional jurisdiction’s Europeanization and ... More


Germany: The Common Interest in Consensual Politics

Michael Koß

in The Politics of Party Funding: State Funding to Political Parties and Party Competition in Western Europe

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199572755
eISBN:
9780191595103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572755.003.0007
Subject:
Political Science, Comparative Politics, Political Economy

This chapter shows that, in Germany, it was predominantly institutional veto points and party goals that facilitated the parties' consensus on their state funding that evolved in the early 1960s. As ... More


Who Owns the Economy? Property Rights, Privatization, and the Indonesian Constitution: The Electricity Law Case

Simon Butt and Tim Lindsey

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0013
Subject:
Law, Public International Law, Environmental and Energy Law

Indonesia's 1945 Constitution reflects a broad mix of Leftist, nationalist and anti-colonial ideals that were influential at the time it was first drafted. Article 33 granted the state control over ... More


Much Ado About Human Rights †: The Federal Constitutional Court Confronts the European Court of Human Rights

Matthias Hartwig

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0027
Subject:
Law, Public International Law

This chapter presents a case note from 2005, which examines the Federal Constitutional Court's controversial response to decisions of the European Court of Human Rights (ECtHR). The Federal ... More


Courting Constitutionalism

Duncan McCargo

in Fighting for Virtue: Justice and Politics in Thailand

Published in print:
2020
Published Online:
May 2020
ISBN:
9780801449994
eISBN:
9781501709586
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449994.003.0009
Subject:
Political Science, Asian Politics

This chapter focuses on Thailand's Constitutional Court, which has been characterized as the chosen instrument of a “Deep State” intent on enforcing the political stance of King Bhumibol Adulyadej. A ... More


International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa

Lourens du Plessis

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0012
Subject:
Law, Public International Law

This chapter addresses the approach to international law taken by the Constitutional Court of South Africa. It shows that the South African courts' openness to and positive disposition towards ... More


The Portuguese Constitutional Court

Maria Lúcia Amaral and Ravi Afonso Pereira

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0013
Subject:
Law, Public International Law, EU Law

This chapter covers the Portuguese Constitutional Court. The Portuguese system of constitutional review developed to a great extent independently from the European experience and its issues. The ... More


The Belgian Constitutional Court

Christian Behrendt

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0003
Subject:
Law, Public International Law, EU Law

This chapter turns to the Belgian Constitutional Court. It argues that, though Belgium only had a constitutional jurisdiction since 1983, it did have some forms of constitutional review divided ... More


Avena and Sanchez-Llamas Come to Germany †: The German Federal Constitutional Court Upholds Rights Under the Vienna Convention on Consular Relations

Jana Gogolin

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0026
Subject:
Law, Public International Law

This chapter presents a case note from 2007 which analyzes a judgment of the Federal Constitutional Court that held that, with some limits, decisions of international tribunals should be given full ... More


The Constitutional Court of Czechia

David Kosař and Ladislav Vyhnánek

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0004
Subject:
Law, Public International Law, EU Law

This chapter focuses on the Czech Constitutional Court (CCC). It shows, on the one hand, how the CCC has so far skilfully navigated through political ups and downs and has risen to prominence in ... More


Judicial Review in Practice: The Reasonableness Approach and its Shortcomings

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0006
Subject:
Law, Human Rights and Immigration

This chapter focuses on the approach of the South African Constitutional Court towards enforcing socio-economic rights. South Africa has directly justiciable, express socio-economic rights in its ... More


Judicial Activism of a Special Type: South Africa's Top Courts Since 1994

Hugh Corder

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0008
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in South Africa's Supreme Court of Appeal and Constitutional Court. It discusses the nature of the constitution/lawmaking which has occurred over the past 15 ... More


Gerhard Leibholz (1901–1982)

Manfred H. Wiegandt

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0017
Subject:
Law, Legal History

Among the German legal scholars who emigrated to England during the Nazi dictatorship, Gerhard Leibholz is a special case. The accumulation of a number of factors, each of which is in itself of some ... More


The German Federal Constitutional Court

Anuscheh Farahat

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0007
Subject:
Law, Public International Law, EU Law

This chapter discusses the German constitutional court, otherwise known as the Federal Constitutional Court (Bundesverfassungsgericht; ‘BVerfG’). It first traces the development of the German process ... More


The Standard-Setting Power

Oliver Lepsius

in The German Federal Constitutional Court: The Court Without Limits

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.003.0003
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter chronicles the proliferation of doctrinal standards over time and underscores the bizarre lengths to which that proliferation has recently extended. It shows how the Federal ... More


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