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Tags: [Constitutional adjudication, federalism, subnational courts of last resort, comparativerule of law, werner, reutter, 2021, perspectives on federalism]  ...
In this article I explore the judicial dimension of federal systems from a subnational perspective. The findings show that regardles of the type of federalism subnational courts of last resort underscore ...
3. The Judiciary in Federal Systems in Africa
(Nico Steytler & Zemelak Ayele/Essay)
... structure of the courts, how are judges appointed? Thirdly, as language and ethnic diversity are often the key reasons for the establishment of federal arrangements, how is the language question dealt ...
... courts. Moreover, the linguistic divide, which has inspired the construction of the Belgian dyadic federation, has also permeated the organisation of the judiciary. This article looks into the organisation ...
... to that effect? In other words, how have Canadian courts dealt with pluralism throughout the years? Have they been successful in tackling such a challenge? This paper begins with a brief description of ...
... activism with a newly developed “strength index” that measures possible reverberations of decisions made by constitutional courts in the political realm. In this respect, the project addresses a central ...
... since its comparative influence is traceable both in the work of courts that are historical participants in transnational judicial conversations, and courts that are new players in the game. ...
... and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, ...
... of EU rulemaking, enforcement, and adjudication comes closer to the sort of administrative legitimacy that is mediated through national executives, national courts, and national parliaments to a much greater ...
... levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human ...
11. Which Governments Come Out Ahead?
(William M. Myers and Davia Cox Downey/Essay)
Party capability theory assumes that governments, due to their immense resources and status as repeat players, hold a great advantage over individuals and organizations pursuing litigation in courts. Less ...
... references submitted by Portuguese lower courts that questioned the compatibility with the Charter of Fundamental Rights of the EU of national budgetary measures that implemented the MoU. At the bottom, ...
... of the ECB proposed by the two Supreme Courts in their case-law, and will explain why the legality of the ECB’s activity will be re-examined in the near future. ...
... the role other institutions, such as constitutional courts, have played in this field. It is argued that while these arrangements may have been successful in allowing national parliaments to play a greater ...
... are combined with the adoption of a deferential approach by the Courts that generally legitimized the accounting devices adopted by the States. The outcome is a system in which budget policies are influenced ...
... Labor Organization’s Indigenous and Tribal People’s Convention 169 (“ILO 169”) and the Mexican Constitution. It concludes by arguing that in spite of this effort by the courts, Mexican law still requires ...
In this essay, the author explores the way in which courts have played an important role in defining the shape of Mexico’s federal system and state constitutionalism in that country’s emerging multi-party ...
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
This article discusses the role of national supreme courts in the development of the European legal order, moving from a hierarchical to an interaction account of the relationship between legal systems. ...
This article examines the nature, purpose and effect of constitutional dialogues between the Court of Justice of the European Union and constitutional courts taking as example the difficulty encountered ...
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