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1. The Judiciary in Federal Systems in Africa
(Nico Steytler & Zemelak Ayele/Essay)
... the administration of justice. In other words, is the judicial branch of government also part of the federal arrangements, and if so, how has that been manifested? Four sub-questions are posed in this ...
... some fragmentation has taken place, with sub-state competences related to several aspects of the judicial organisation, and a regularly used leeway for Communities and Regions to establish administrative ...
This article analyses the model of judicial federalism that has developed in the Federal Republic of Germany. As the constitutional history of Germany reveals, federal regulation of the judiciary has often ...
... the organization of the Canadian judicial system, namely the hierarchy of the courts, the nomination and compensation of judges, and the guarantees of judicial independence. After that, the paper discusses ...
In Argentina the repercussions on the judicial system deriving from the territorial allocation of power are marked by peculiar features that make this experience not fully ascribable to what can be defined ...
The thematic focus of this issue of Perspectives on Federalism shall analyse phenomena of pluralism in the judiciary of federal systems: ‘Jurisdiction and Pluralisms: Judicial Functions and Organisation ...
Judicial federalism has generally been neglected by scholars in comparative federalism. However, this topic is quite relevant for a proper understanding of the distribution of competences in a federal ...
In this paper, I examine the degree and causes of judicial activism in a German subnational constitutional court. This research goal entails two dimensions. On the one hand, I explore whether and to what ...
... power sharing; judicial power sharing; and fiscal federalism. According to the research findings, poor knowledge of federalism, considering federalism as a clan-based system, and political corruption are ...
... the natural environment – the so-called “environmental rights”. In the central part (Par. 2 and 3) we will illustrate and comment on the content of the judicial decisions by the Supreme Court of Colombia ...
... powers, the judicial function, and the structure of government. In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna ...
... 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. ...
This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy ...
... design in the internal market integration: the delegation of powers to EU agencies. By recognising the judicial evolution of the so-called Meroni doctrine concerning the non-delegation of powers to EU ...
... paradigm suggests that the EU’s judicial doctrines must be adjusted. The purpose should be to address the persistent disconnect between supranational regulatory power and its robust sources of democratic ...
... in court. A systemic failure in the jurisdictional system of the EU immunized the MoU to any judicial challenge. At the apex of the system, the Court of Justice of the EU declined to answer preliminary ...
The Divisional Court of the Queen’s Bench Division of the England and Wales High Court handed down its decision on 20 April 2016 in the judicial review case of Shindler. This ruling confirmed that British ...
... power and allows for sufficient judicial review. However, the Supreme Court has taken a more permissive approach than the Court of Justice in defining the limiting principle. The United States has loosened ...
... - and judicial praxis - that subsidiarity is constitutionally underenforced, and supposedly rightly so since it is but a political rule, either non- justiciable or very marginally. I will argue that subsidiarity ...
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 ...
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