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The purpose of the present paper is to find a theoretical-legal basis for the recent innovative decisions by the Colombian Supreme Court of Justice and by the Inter-American Court of Human Rights on ...
... constitutions in federal systems. While doing so, the paper focuses on the Swiss experience, looking at the relevant case law of the Swiss Federal Supreme Court and the decisions of the Federal Assembly ...
... of the two federal tiers and the Länder executives within the Bundesrat play a major role in making joint decisions. They are forced to make decisions in the ‘joint-decision mode’ (Politikverflechtung) ...
... against the encroachments of central legislation into their areas of responsibility. Both functions seem to be best fulfilled in legislative systems requiring joint decisions of legislative chambers. Depending ...
... to decide by qualified majority. Socialisation is weakening the input legitimacy of decisions made in the Council, while at the same time enhancing their output legitimacy by favouring genuine consens ...
In constitutional theory, the referendum is an instrument that allows for the expression of the popular will in government decisions and through which people are asked to vote directly on an issue or policy. ...
7. Which Governments Come Out Ahead?
(William M. Myers and Davia Cox Downey/Essay)
... are investigated using decisions made by the high courts of Australia, Canada, and the United States. The descriptive findings indicate that institutional arrangements, such as federalism, in some ways, ...
... institutions at those levels, are involved only in the execution of decisions passed by the centre. Given such a context, the establishment and empowerment of local government – which took place in two ...
... democratic system. Specifically, three developments are examined: a) States’ constitutional reforms defining their own catalogues of human rights; b) Decisions of the Federal Electoral Tribunal enforcing ...
... decisions which have recently prevented a constitutional amendment of the Oklahoma Constitution. While the arguments and methodology used in these decisions cannot be generalized, they nevertheless raise ...
11. Spanish Autonomous Communities and EU policies
(Agustín Ruiz Robledo/Essay)
... decisions that their governments could not adopt domestically nevertheless ended up being adopted in Europe. This affected the competences of these sub-state entities, which had no representation in Europe ...
... have a say in the decisions being taken “in Brussels”. Their active involvement seems even more necessary after the Euro-crisis, which has brought about a steady acceleration of both the trends towards ...
Courts use the proportionality principle to ensure the legitimacy of their decisions. According to Harbo (2010), the CJEU is interpreting the principle in different ways, determined by the different areas ...
... of the referendum as a whole. This makes it crucial that the authorities take into account the results of the referendums when taking decisions. It is also concluded that the scenario of different referendums ...
The decisions taken by the recent meeting of the Heads of State and Government - held in Brussels on 21 July 2011- strengthen the European Financial Stability Facility  (EFSF) and constitute a first step ...
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