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The brief begins by outlining the typical characteristics and key features of a federal system of government, before examining how the judicial branch of government might be organized. It focuses on the distinctive challenges presented by federalism for the design of a judiciary.
Abstract. This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court.
3 paź 2019 · To address this question, this book examines and describes thirteen federal or quasi-federal countries’ judicial system with a chapter devoted to each country. On balance, the volume finds that courts in federal countries generally trend toward unitarism: “the predominant leaning of nine of the eleven high courts that exercise judicial ...
4 kwi 2017 · The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features.
17 maj 2017 · Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features.
Sovereignty is a concept used predominantly in the domestic context of the legal authority wielded within and by a State. It is thus more a concept of constitutional law than of international law, since on the international plane no State has as a matter of law authority over all other States.
1 lut 2009 · Better insulated than their political branches from both domestic and foreign special-interest pressure, the courts could pressurize their governments to seek legislative approval of their actions, or block certain policies as incompatible with constitutional and international legal texts.