Court Structure in UK Law
More Consistency and Legal Certainty in the Private Law Acquis: A Plea for Better Justification for the Harmonization of Private Law
The use of Article 114 TFEU to harmonize private law seems to be based on standard justifications that have facilitated legislative practices that may undermine the quality of the private law acqui......... would be more attention paid to the availability of a hierarchical court structure and enforcement mech anisms, as these eleme nts may signi ......
Judicial Predictability and Federal Stability
Institutions structure incentive environments for strategic actors. What is the effect of a flawed institution - one that is not perfectly predictable - on strategic......... OF INSTITUTIONAL IMPERFECTION Jenna Bednar ABSTRACT Institutions structure incentive environments for strategic actors. What is the effect of a ... governments in a federation challenge one another’s behavior in court less frequently as the judiciary grows more predictable but the effect of ......
The Italian Constitutional Court and the constitutionality of the criminalisation of assisted suicide of patients suffering from serious and incurable diseases
On 16 November 2018, the Italian Constitutional Court addressed for the first time the controversial issue of the constitutionality of the criminalisation of assisted suicide of patients suffering .........The present note describes and analyses the facts of the case and the reasoning of the Constitutional Court, especially the structure of the argument and the new ‘decision technique’ adopted. Keywords Assisted suicide, euthanasia, right to life, right to die with dignity ......
Transforming Shields into Swords: The Vebic Judgment, Adequate Judicial Protection Standards and the Emergence of Procedural Heteronomy in EU Law
The Court of Justice's VEBIC judgment obliges national competition authorities to be involved in appellate judicial proceedings against a decision they adopted, even when these authorities act as f......... C* 1 AB ST R ACT e Court of Justice’s VEBIC judgment obliges nati onal competition authorities to ... the C ourt’s potentially new stance in procedural law and structures it within a more gene ral procedural ius commune framework that favours ......
Reaction to Radu Judgment of the Oberlandesgericht of Munich of 15 May 2013
We publish a short version of the above judgment at the request of and as translated by the reporting judge, Professor Joachim Vogel, for no other reasons than that it shows law in action, a judici......... law in action, a judicial react ion to the Radu judgment of the Court of Just ice of the European Union and, for non-German s, how German r ts structure their judg ments. e contents speak for themselve s. * * * Superior ......
Welcome to the Court
The French Cour des comptes is one of the numerous Supreme Audit Institutions which oversee proper use of public funds. This research project on the Cour des comptes is intended notably to establis......... broad principle s governing the operation of supreme audit institutions has brought to light serious flaws in the Court’s invari- ant structures, flaws which necessitate a recomposition, in the sense put forward by Jean-François Kahn (2006). T he recomposition of the Court’s invariant ......
The Future Eppo: What Role for the Cjeu?
Article 86 TFEU relating to the establishment of a European Public Prosecutor's Office is not very explicit about how the office will work (structure, statute, procedure). In particular nothing is ......... ce is not very explicit about how the o ce will work (structure, statute, procedure). In particular nothing is developed ... Public Prosecutor ’s O c e or rather the role of the Court of Justice in relation to the fu tu re Eur op ea n Pub lic P ros ecu tor ......
Interpretation and Cooperative Federalism: Bond v R from a Constitutional Perspective
[C]o-operative federalism is not a constitutional term. It is a political slogan, not a criterion of constitutional validity or power. … Where constitutional power does not exist, no cry of co-oper......... (1996) 186 CL R 140 at 231- 32: "After the decision of this Court in the Engineers' Case, the Court had consistently held, prior to ... of the Constitution or are not necessary implications fr om its structure" (emphasis added). For a discussion of the High Cour t's alternative ......
‘On Just Terms’, Revisited
Although it is now generally accepted that s 51(xxxi) is a constitutional guarantee, it continues to be applied using characterisation analysis, the method of analysis used to apply grants of legis......... It takes to task the High Court ’ s self-consciously comparative defence of characterisation ... diagnosis, that is better supported by the text and structure of s 51(xxx), and that is consiste n t with the High Court ’ s ......
- Reviews: Die Funktionen Des Staatsoberhauptes in Der Parlamentarischen Demokratie, Die Parlamentarischen Regierungssysteme in Europa, Droit Constitutionnel Et Institutions Politiques, Institutions Politiques Et Droit Constitutionnel, The Political Structure, Modern Politics: An Introduction to Behaviour and Institutions, Politics and Government. How People Decide Their Fate, The Logic of Comparative Social Inquiry, History and Social Theory, The Nature of History, Macropolitics—Selected Essays on The Philosophy and Science of Politics, Linkage Politics: Essays on the Convergence of National and International Systems, Agreement and the Stability of Democracy, Government Enterprise: A Comparative Study, People Vs. Politics, Politics in the U.S.A, The Supreme Court and the Electoral Process, Religion, Law and the State in India, a History of Indian Political Ideas, Panchayati Raj: A Study of Rural Local Government in India, Power and Society in Contemporary Peru, Pressure Groups and Power Elites in Peruvian Poli
See all results