Constitutional Complaints The European Perspective

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A Comparative Perspective on Direct Access to ...

    https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1199&context=psilr
    European countries which did not adopt the ICC system when their constitutions were drafted have subsequently considered its adoption. 0 7 The systems of individual constitutional complaints adopted in these countries drew inspiration from the model provided by the guidelines of the Venice Commission.Cited by: 1

JURNAL HUKUM: Constitutional Complaint dan Hak Asasi Manusia

    https://jurnalhukum.blogspot.com/2006/09/constitutional-complaint-dan-hak-asasi.html
    Sep 17, 2006 · Juridiction of the Constitutional Court of the Republic of Croatia. Jutta Limbach, On the Role of the Federal Constitutional Court of Germany. Genhard Danneman, Constitutional Complaints: European Perspective. International and Comparative Law Quarterly, 1994. Prof. Jimly Asshiddiqie, Konstitusi dan Konstitusionalisme. KonPress 2005.Author: Pan Mohamad Faiz

Possible Effects of the Constitutional Complaint Mechanism ...

    https://dergipark.org.tr/tr/download/article-file/7070
    countries constitutional application mechanism is adopted.2 Overall the function of constitutional complaint is in principle the effective protection of fundamental rights by giving remedy to the indi-viduals in case of violation of their rights by administrative or judicial de-cisions. According to the European perspective, constitutional ...Author: Ayse Özkan Duvan

www.jstor.org

    https://www.jstor.org/stable/760826
    Constitutional Complaints: The European Perspective Created Date: 20160810231319Z ...

Judicial review in Austria - Wikipedia

    https://en.wikipedia.org/wiki/Judicial_review_in_Austria
    The European and Austrian constitutions endow the Austrian court system with broad powers of judicial review.All Austrian courts are charged with verifying that the statutes and ordinances they are about to apply conform to European Union law, and to refuse to apply them if not.

Constitutional courts versus supreme courts ...

    https://academic.oup.com/icon/article/5/1/44/722508
    Jan 01, 2007 · Constitutional courts versus supreme courts Lech Garlicki * ... the Federal Constitutional Court Act12 introduced the procedure by which constitutional complaints could be lodged by individuals against final judgments of the specialized ... France is the only European country in which constitutional adjudication takes the form, almost ...Cited by: 60

(PDF) ECHR and national constitutional courts

    https://www.researchgate.net/publication/294137762_ECHR_and_national_constitutional_courts
    Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and ...

THE DECISION-MAKING PROCESS OF EUROPEAN …

    http://oru.diva-portal.org/smash/get/diva2:1076126/FULLTEXT01.pdf
    in European constitutional courts (working title: Judicial dissent in European constitutional courts. A comparative and legal perspective), to be published in 2017. Please do not quote or cite without permission! Comments are most welcome at [email protected].

A Prospect and Challenges for Adopting Constitutional ...

    https://panmohamadfaiz.files.wordpress.com/2016/10/a-prospect-and-challenges-for-adopting-constitutional-complaint-and-constitutional-question-in-the-indonesian-constitutional-court.pdf
    A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court 108 Constitutional Review, May 2016, Volume 2, Number 1 as recurso de amparo.10 A constitutional complaint mechanism is also practiced in Central and Eastern European countries, such as Croatia,11 Czech Republic,12 Hungary,13 Poland,14 Russia15 and Ukraine.16

CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL …

    https://mell-benu.blogspot.com/2012/04/constitutional-complaint-dan.html#!
    Hasil penelitian yang dilakukan oleh Genhard Dannemann [4] dalam bukunya “Constitutional Complaints: The European Perspective” menyimpulkan bahwa kewenangan constitutional complaint yang sebelumnya hanya dimiliki oleh beberapa negara Eropa, kini sudah berkembang pesat dan telah diadopsi hampir di seluruh negara-negara Eropa Tengah dan Timur.

Rights adjudication and constitutional pluralism in ...

    https://www.tandfonline.com/doi/abs/10.1080/13501763.2012.632148
    Dec 19, 2011 · In many European legal orders, three such sources – national constitutional rights, EU fundamental rights, the EU Charter of Rights, and the European Convention on Human Rights– co-exist and, in some areas, substantively overlap. Individuals have a choice of which source to plead; and judges have a choice of which right to enforce.Cited by: 15

German Constitutional Court Reshapes “Right to be ...

    https://www.insideprivacy.com/data-privacy/german-constitutional-court-reshapes-right-to-be-forgotten-and-expands-its-oversight-of-human-rights-violations/
    Dec 03, 2019 · In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court (“BVerfG”) presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.

Access to constitutional courts: popular complaints in ...

    https://www.zora.uzh.ch/id/eprint/158643/1/158643.pdf
    complaints are analyzed in relation to the broad circle of authorized applicants. Thereafter, their practical significance is established from the perspective of individuals who are also entitled to directly access the Constitutional Courts by filing constitutional complaints. In a second part the impact of popularAuthor: Ana Thoonen-Tornic

Constitutional Court - an overview ScienceDirect Topics

    https://www.sciencedirect.com/topics/computer-science/constitutional-court
    Sep 30, 2015 · In this perspective the creation of a constitutional court was not only an institutionalization of constitutional control but at the same time was a barrier to the development of judicial review by the general judiciary, as it could only be mobilized by a limited number of state organs for a constitution that did not contain a bill of rights ...

Judicial Review of Legislation in Portugal: A Brief Genealogy

    https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3271062_code3171360.pdf?abstractid=3271062&mirid=1
    Judicial Review in Comparative Perspective’, 58 California Law Review 1017 (1970), ... departs from the European standard in a number of significant respects. First, while there is a specialized constitutional jurisdiction ... ‘individual complaints’, the path to the Constitutional Court through incidental control

Regulation and the Courts: Judicial Review in Comparative ...

    https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2490&context=faculty_publications
    law in most western jurisdictions, and even after World War II, when constitutional courts were established in a number of European countries, it was decades before a thick law and practice of constitutional adjudication took hold (Stone, 1992: 225–53).Author: Francesca Bignami

THE THEORY AND PRACTICE OF ‘SUPRA-CONSTITUTIONAL’ …

    https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/theory-and-practice-of-supraconstitutional-limits-on-constitutional-amendments/B1BFFA7A91F5166AD0B7EAD3E4F77152
    Jul 09, 2013 · Law 8/75 had a constitutional status which allegedly prevented any claim of unconstitutionality. However, in one case, a military court (which had an authority to adjudicate crimes based upon this law) invoked Bachof's theory to find that the law, due to its retroactive nature, contradicted supra-constitutional norms.Cited by: 8

Nexhmi Rexhepi - Constitutional Court

    http://gjk-ks.org/en/judges/nexhmi-rexhepi/
    The Constitutional Court of Kosovo was established in January 2009. With its authority to review legislation and individual complaints of rights violations, the Court is the ultimate check on legislative and executive power in Kosovo and the final arbiter of the meaning of constitutional provisions enshrining human rights and freedoms.

Constitutional and Institutional Law of the EU (LAWS0046 ...

    https://www.ucl.ac.uk/laws/study/llm-master-laws/modules-2019-20/constitutional-and-institutional-law-eu-laws0046
    This module introduces students to the terms of debate on Euroconstitutionalism and to enable them to develop their own considered views. The European Union is currently the most sophisticated example of a constitutional-legal order “beyond the state,” yet its …



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