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... 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 ...
... 267 TFUE. This is done by looking not just at actual judicial practice, but more in general at the elaboration of a common understanding on the matter within transnational judicial networks. The article ...
Earlier this year, the UK Parliament passed an Act aimed at redesigning the legislative landscape in the field of anti-social behaviour. It is no secret that, when anti-social behaviour legislation first ...
... Finally, in the particular field of personal data retention, the judicial activism of the Luxembourg Court in upholding the validity of EU legislation is heavily criticized in light of the protection of ...
... orders. Giving the absence of a judicial interlocutor in the UN “smart sanctions” system and the difficulty to make the former compatible with European fundamental principles, the second-best solution ...
... of this mechanism of judicial cooperation between the old and the new Member States incorporated in 2004 and 2007. The study presents original and comprehensive data on the use of preliminary references ...
... universal range of legislative power stricto sensu, an independent judicial system, the economic and financial dimensions, including taxation, and also, at least to some extent, in the spheres of political ...
... a quite interesting case law, whose experimental features sometimes anticipate major judicial trends ...
Most of the existing literature on judicial interpretation of federal constitutions focuses either on individual federations or on comparative studies of specific judicial techniques and/or specific fields. ...
The International Court of Justice gave its Advisory Opinion on the “Accordance with international law of the unilateral declaration of independence in respect of Kosovo” few months ago. It found no prohibition ...
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