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Sabine Kuhlmann - Politik- und Verwaltungsreform in Kontinentaleuropa

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Sabine Kuhlmann

Politik- und Verwaltungsreform in Kontinentaleuropa

Series: Staatslehre und politische Verwaltung

Volume 14 2008

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Germany: Continuing Strong Judicial Powers When Scrutinizing the Indictment in the "Zwischenverfahren" S. 46-50

„… .14 II. Germany: Continuing Strong Judicial Powers When Scrutinizing the Indictment in the …” „… Judicial Decisions Concluding the Pre-Trial Phase 46trial (ordonnance de renvoi en jugement).7 …” „… .12 Hence, after the preliminary judicial investigation, because there is no longer an obligatory …”

The Historical-Systematic Characteristic: Modified Inquisitorial Method and the Investigating, Prosecuting, and Adjudicating Functions of State Authority S. 33-34

„… investiga-tive judicial powers in principle. The two jurisdictions which are identified as apply-ing an …” „… Judicial Decisions Initiating the Pre-Trial Phase 33V. Comparative Cross-Section: Doctrinal …” „… Characteristics of a System Allowing for Judicial Decisions to Initiate Pre-Trial Proceedings 1. The …”

Comparative Cross-Section: Prosecutorial or Judicial Models of the Collection of Evidence S. 41-44

„… Judicial Decisions Within the Pre-Trial Phase 41to provide for the protection and privacy of …” „… debate additionally identifies two areas of vital practical importance, state cooperation ("judicial …” „… assistance") and legal assistance: The PTC has the power to request state cooperation in case of a unique …”

The Political Characteristic: Political Necessity and Compromise as Mechanisms for a Non-Traditionally Rooted but Powerful Pre-Trial Judiciary S. 34-35

„… judicial police's powers,70 do initiate the criminal process. This prescinded notion of judiciary is not to …” „… Judicial Decisions Initiating the Pre-Trial Phase 34French procureur as playing a "pivotal role …” „… gravity in judicial enquiries […] to be found in the intervention of the magistrates"69 in general. In …”

Concluding Remarks: Overall Comparative Cross-Section on Judicial Decisions in the Pre-Trial Phase of Criminal Proceedings S. 64-66

„… the need for a separation of powers, each judicial system provides for respective arrangements for …” „… 64 E) Concluding Remarks: Overall Comparative Cross-Section on Judicial Decisions in the Pre-Trial …” „… Phase of Criminal Proceedings In conclusion, this comparison of models of judicial decisions in the …”

Titelei/Inhaltsverzeichnis S. 2-8

„… "juge d’instruction" 45 II. Germany: Continuing Strong Judicial Powers When Scrutinizing the …” „… Pierre HauckJudicial Decisions in the Pre-Trial Phase of Criminal Proceedings in France, Germany, and …” „… judicial decisions in the pre-trial phase of criminal proceedings in France, Germany, and England and try …”

The ICC: Strong Judicial Interference By Virtue of Article 61 (1), (7) ICCSt S. 54-57

„… conducting fur-ther investigations, or amending the charges.74 Obviously, this identity of judicial powers in …” „… the PTC's authority in the same way, it is indeed incoherent if judicial pow-ers in trial cannot be …” „… Judicial Decisions Concluding the Pre-Trial Phase 54According to the applied adversarial method …”

Posing the Problem and Defining the Subject-Matter S. 13-15

„… the judicial powers at the ICC, especially as regards the pre-trial phase? As a result of recent …” „… method of party-led proceedings. So, rather strong judicial powers of the pre-trial division, based as …” „… guarantees of criminal justice for the ac-cused in light of the exercise of judicial powers ((A) III.), I …”

The ICC: Prosecutorial Inquiry and the Authority of the Pre-Trial Chambers to Initiate Actual Investigations in Case of Proprio Motu Action S. 30-33

„… , to mitigate those con-cerns, his powers today have been hedged by a compulsory judicial review.54 …” „… investiga-tive judicial powers in principle. The two jurisdictions which are identified as apply-ing an …” „… Judicial Decisions Initiating the Pre-Trial Phase 30crime charged."35 Both sides accordingly …”

Comparative Cross-Section: A Survey and an Analysis of the Powers of the PTC at the ICC S. 57-63

„… judicial complementary calling for further evidence would respond much better to the PTC's powers if the …” „… judicial powers between the two phases; on this note, the Trial Chamber with regard to Art. 64 (6) (d …” „… adapting the trial powers to the functions and objectives of judicial decisions in the pre-trial phase by …”

France: The Examining Magistrate’s Dependence on Other Investigating Bodies in the Initiation of the Criminal Process S. 25-28

„… in the course of a preliminary examination. But nevertheless, these initial judicial powers of the …” „… 25 B) Judicial Decisions Initiating the Pre-Trial Phase of Criminal Proceed-ings The triggering of …” „… , judicial involvement does not seem to be neces-sary at all. I will argue here that an opening of the …”

France: "Judicial" Supervision Performed by Judges and Prosecutors and the Examining Magistrate’s Own Investigations S. 36-38

„… judicial powers in ordering telephone interceptions in a 1991 special code that is now included in the CPP …” „… 36 C) Judicial Decisions within the Pre-Trial Phase of Criminal Proceed-ings: The Dependence upon …” „… Different Models of the Collection of Evidence The examination of judicial decisions within the pre-trial …”

The ICC: Different Orders and Warrants Reflecting Political Sensitivity S. 40-41

„… Judicial Decisions Within the Pre-Trial Phase 40Interestingly, the recently founded Investigatory …” „… Powers Tribunal, which is made up of senior members of the legal profession or judiciary, provides …” „… France, has both adjudicative and investigative powers but also features a distinct protective authority …”

Systems and Methods of Criminal Justice S. 15-17

„… ac-cused in light of the exercise of judicial powers ((A) III.), I will present a compara-tive analysis of …” „… an inquisitorially rooted method of criminal justice with more invasive judicial powers — such as …” „… models of judicial decisions within the pre-trial phase of criminal proceedings in France, Germany …”

England: A System of Adversarial Hearings Ensuring Due Process on an Early Stage of the Criminal Process S. 50-54

„… further judicial powers of the JPs are re-stricted to summary offences only. Stand-alone preliminary …” „… Judicial Decisions Concluding the Pre-Trial Phase 50III. England: A System of Adversarial …” „… criminal law is left to party ac-tion, concluding judicial interference in the pre-trial phase has to be …”

England: Issuing of Warrants and Granting of Bail by the Justices of the Peace S. 39-40

„… Judicial Decisions Within the Pre-Trial Phase 39dependent and well-trained lawyer before their …” „… prac-tice in Germany that judicial interrogations in the pre-trial phase of the proceedings may be …” „… and the facilitated reading of the minutes, both grounded in the trusted quality of judicial …”

Germany: The Discretion of the Police and Prosecution to Trigger Criminal Proceedings S. 28-29

„… initial judicial powers of the examining magistrate might well lead to the opening of new investigations …” „… Judicial Decisions Initiating the Pre-Trial Phase 28new inquiry.19 Those inquiries may then also …” „… against formerly spotless individuals. That is an initial power of the judge ascribed by law. As it is …”

Germany: Issuing of Warrants, Deciding on Appeals, and Securing of Evidence S. 38-39

„… Judicial Decisions Within the Pre-Trial Phase 38tory letters (and in doing so, abdicate them …” „… ) instead of supervising the exercise of still existing powers.14 When conducting his own investigation of …” „… pre-trial phase: Pre-emptive judicial control of police and prosecution (1), securing evidence by …”

Index S. 81-353

„… – Interlocutory ~ 63 – Judicial Decisions on ~ 38-39 Collection of Evidence 36-44 (43) Comparative Cross-Sections …” „… 50-54 (51) – Investigatory Powers Tribunal 40 – Crown Court 51-53 (51) – Justice of the …” „… Peace/Magistrate 39 – Old Bailey 16 – PACE powers 39, 43-44 (43) France 25-28, 36-38, 45-46 – Code …”

France: Judges Concluding the Investigations of the "juge d’instruction" S. 45-46

„… 45 D) Judicial Decisions Concluding the Pre-Trial Phase of Criminal Pro-ceedings — A Functional …” „… Account of the Different Jurisdictions It goes without saying that judicial decisions concluding the …” „… functions of concluding judicial decisions must include a discussion of the trial phase. I will argue here …”

England: Party-Led Proceedings Applying an Adversarial Method of Criminal Justice S. 29-30

„… Judicial Decisions Initiating the Pre-Trial Phase 29is then scrutinised in advance by the trial …” „… simple expression of everybody's power. Moreover, German criminal procedure interestingly assigns the …” „… Adversarial Method of Criminal Justice Very similar to the German situation is the lack of initial judicial …”

Summary S. 67

„… functional weak-ness if one compares the powers of the pre-trial judiciary with those of the trial judges …” „… at remedy in the shape of judge-made law and judicial interpretation of statutory law vividly reveal …” „… to powers to evaluate charges and facts, the principle of iura novit curia, or the disclosure of …”

Direct Guarantees S. 19-23

„… such a case can indeed be achieved by arbitral powers. But in case of stronger judicial interfer-ence …” „… Introduction 19powers at the ICC today are designed for a more inquisitorial method, whereas the …” „… This is to be kept in mind in order to assess pre-trial models of judicial control thoughtfully and to …”

Bibliography S. 71-80

„… Comparative Law Quarterly, pp. 26-51. Fourmy, O. (2002). "Powers of the Pre-Trial Chamber", in Cassese, A …” „… . & Marcus, M. (1977). "The Myth of Judicial Supervision in Three ‘Inquisitorial’ Systems: France, Italy and …” „… , the Prosecutor and the Juge d'Instruction. Judicial Supervision in France, Theory and Practice", 41 …”

Tables of Abbreviations and Figures S. 9-12

„… Pre-Trial Chamber R. Regina r(r). rule(s) resp. respectivement RIPA Regulation of Investigatory Powers Act …” „… Types of Judicial Decisions p. 43 Fig. 2: The English System of Concluding Hearings in the Pre-Trial …”

doi.org/10.5771/9783845212555

Ireneusz Pawel Karolewski, Monika Sus - The Transformative Power of Europe

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Ireneusz Pawel Karolewski (ed.), Monika Sus (ed.)

The Transformative Power of Europe

Series: German and European Studies of the Willy Brandt Center at the Wroclaw University

Volume 4 2015

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Robert Grzeszczak Chapter 1: The European transformation of the legislative, executive and judicial power in Poland S. 21-37

„… European transformation of the legislative, executive and judicial power in Poland Robert Grzeszczak …” „… member state to another. The European transformation of the legislative, executive and judicial power in …” „… the European judicial area. The transformation of the legislative power – the Europeanisation of …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Part One: 19 Chapter 1: The European transformation of the legislative, executive and judicial power in …” „… powerPart Two: 109 Chapter 5: The transformation of EU governance, identity making and the counterterrorism …” „… Nomos The Transformative Power of Europe The Case of Poland Karolewski | Sus [eds.] German and …”

Ireneusz P. Karolewski Chapter 5: The transformation of EU governance, identity making and the counterterrorism policies of the EU S. 111-138

„… Part Two: Case studies of the EU’s transformative power Chapter 5: The transformation of EU …” „… policies and their potential identity-making aspects. The transformational power of the EU is explored …” „… self-images (e.g. ‘normative power Europe’) or missionary activities (transfer of the acquis communautaire to …”

References S. 16-27

„… The transformative power of the European Union: An introduction Ireneusz Paweł Karolewski/Monika …” „… EU foreign policy was the idea of the EU as a transformative power. Transformation was achieved by …” „… Countries (CEECs) can be interpreted in terms of the EU’s transformative power. The domestic changes in …”

Anna Bachmann Chapter 9: The neofunctional transformation in the Polish borderland? S. 205-229

„… increase its power and autonomy – led to a kind of integrational ‘perpetuum mobile’: driven by expectations …” „… a strong transformative power, understood as EU impact on the change of national structures …” „… transformative power of the EU becomes visible not only on the central level, but also in the regions which are …”

doi.org/10.5771/9783845261317

Pierre Hauck - Judicial Decisions in the Pre-Trial Phase of Criminal Proceedings in France, Germany, and England

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Pierre Hauck

Judicial Decisions in the Pre-Trial Phase of Criminal Proceedings in France, Germany, and England

Series: Gießener Schriften zum Strafrecht und zur Kriminologie

Volume 26 2008

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Germany: Continuing Strong Judicial Powers When Scrutinizing the Indictment in the "Zwischenverfahren" S. 46-50

„… .14 II. Germany: Continuing Strong Judicial Powers When Scrutinizing the Indictment in the …” „… Judicial Decisions Concluding the Pre-Trial Phase 46trial (ordonnance de renvoi en jugement).7 …” „… .12 Hence, after the preliminary judicial investigation, because there is no longer an obligatory …”

The Historical-Systematic Characteristic: Modified Inquisitorial Method and the Investigating, Prosecuting, and Adjudicating Functions of State Authority S. 33-34

„… investigative judicial powers in principle. The two jurisdictions which are identified as applying an …” „… Judicial Decisions Initiating the Pre-Trial Phase 33V. Comparative Cross-Section: Doctrinal …” „… Characteristics of a System Allowing for Judicial Decisions to Initiate Pre-Trial Proceedings 1. The …”

Comparative Cross-Section: Prosecutorial or Judicial Models of the Collection of Evidence S. 41-44

„… Judicial Decisions Within the Pre-Trial Phase 41to provide for the protection and privacy of …” „… debate additionally identifies two areas of vital practical importance, state cooperation ("judicial …” „… assistance") and legal assistance: The PTC has the power to request state cooperation in case of a unique …”

Concluding Remarks: Overall Comparative Cross-Section on Judicial Decisions in the Pre-Trial Phase of Criminal Proceedings S. 64-66

„… the need for a separation of powers, each judicial system provides for respective arrangements for …” „… 64 E) Concluding Remarks: Overall Comparative Cross-Section on Judicial Decisions in the Pre-Trial …” „… Phase of Criminal Proceedings In conclusion, this comparison of models of judicial decisions in the …”

The Political Characteristic: Political Necessity and Compromise as Mechanisms for a Non-Traditionally Rooted but Powerful Pre-Trial Judiciary S. 34-35

„… judicial police's powers,70 do initiate the criminal process. This prescinded notion of judiciary is not to …” „… Judicial Decisions Initiating the Pre-Trial Phase 34French procureur as playing a "pivotal role …” „… gravity in judicial enquiries […] to be found in the intervention of the magistrates"69 in general. In …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Pierre HauckJudicial Decisions in the Pre-Trial Phase of Criminal Proceedings in France, Germany, and …” „… judicial decisions in the pre-trial phase of criminal proceedings in France, Germany, and England and try …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 IV. First Results and Further Analysis. . . . . . . . . . . . . . . . . . . . . 24 B) Judicial …”

Posing the Problem and Defining the Subject-Matter S. 13-15

„… the judicial powers at the ICC, especially as regards the pretrial phase? As a result of recent …” „… . So, rather strong judicial powers of the pre-trial division, based as they are on a more …” „… powers ((A) III.), I will present a comparative analysis of models of judicial decisions within the …”

The ICC: Strong Judicial Interference By Virtue of Article 61 (1), (7) ICCSt S. 54-57

„… conducting further investigations, or amending the charges.74 Obviously, this identity of judicial powers in …” „… the PTC's authority in the same way, it is indeed incoherent if judicial powers in trial cannot be …” „… Judicial Decisions Concluding the Pre-Trial Phase 54According to the applied adversarial method …”

Comparative Cross-Section: A Survey and an Analysis of the Powers of the PTC at the ICC S. 57-63

„… does not arise from an unbalance of judicial powers between the two phases; on this note, the Trial …” „… Judicial Decisions Concluding the Pre-Trial Phase 57and speedily running trial,88 any efficient …” „… pre-trial phase that contains investigative functions for concluding judicial decisions will, however, be …”

The ICC: Prosecutorial Inquiry and the Authority of the Pre-Trial Chambers to Initiate Actual Investigations in Case of Proprio Motu Action S. 30-33

„… those concerns, his powers today have been hedged by a compulsory judicial review.54 Hence, Art. 13 …” „… investigative judicial powers in principle. The two jurisdictions which are identified as applying an …” „… Judicial Decisions Initiating the Pre-Trial Phase 30crime charged."35 Both sides accordingly …”

France: The Examining Magistrate’s Dependence on Other Investigating Bodies in the Initiation of the Criminal Process S. 25-28

„… examination. But nevertheless, these initial judicial powers of the examining magistrate might well lead to …” „… 25 B) Judicial Decisions Initiating the Pre-Trial Phase of Criminal Proceedings The triggering of …” „… , judicial involvement does not seem to be necessary at all. I will argue here that an opening of the …”

France: "Judicial" Supervision Performed by Judges and Prosecutors and the Examining Magistrate’s Own Investigations S. 36-38

„… judicial powers in ordering telephone interceptions in a 1991 special code that is now included in the CPP …” „… 36 C) Judicial Decisions within the Pre-Trial Phase of Criminal Proceedings: The Dependence upon …” „… Different Models of the Collection of Evidence The examination of judicial decisions within the pre-trial …”

The ICC: Different Orders and Warrants Reflecting Political Sensitivity S. 40-41

„… practical importance, state cooperation ("judicial assistance") and legal assistance: The PTC has the power …” „… Judicial Decisions Within the Pre-Trial Phase 40Interestingly, the recently founded Investigatory …” „… Powers Tribunal, which is made up of senior members of the legal profession or judiciary, provides …”

Systems and Methods of Criminal Justice S. 15-17

„… accused in light of the exercise of judicial powers ((A) III.), I will present a comparative analysis of …” „… an inquisitorially rooted method of criminal justice with more invasive judicial powers — such as …” „… models of judicial decisions within the pre-trial phase of criminal proceedings in France, Germany …”

England: A System of Adversarial Hearings Ensuring Due Process on an Early Stage of the Criminal Process S. 50-54

„… ") at the Magistrates' Court for all categories of offences, whereas the further judicial powers of the …” „… Judicial Decisions Concluding the Pre-Trial Phase 50III. England: A System of Adversarial …” „… criminal law is left to party action, concluding judicial interference in the pre-trial phase has to be …”

Germany: The Discretion of the Police and Prosecution to Trigger Criminal Proceedings S. 28-29

„… initial judicial powers of the examining magistrate might well lead to the opening of new investigations …” „… Judicial Decisions Initiating the Pre-Trial Phase 28new inquiry.19 Those inquiries may then also …” „… against formerly spotless individuals. That is an initial power of the judge ascribed by law. As it is …”

England: Issuing of Warrants and Granting of Bail by the Justices of the Peace S. 39-40

„… Judicial Decisions Within the Pre-Trial Phase 39dependent and well-trained lawyer before their …” „… practice in Germany that judicial interrogations in the pre-trial phase of the proceedings may be …” „… and the facilitated reading of the minutes, both grounded in the trusted quality of judicial …”

Germany: Issuing of Warrants, Deciding on Appeals, and Securing of Evidence S. 38-39

„… Judicial Decisions Within the Pre-Trial Phase 38tory letters (and in doing so, abdicate them …” „… ) instead of supervising the exercise of still existing powers.14 When conducting his own investigation of …” „… pre-trial phase: Preemptive judicial control of police and prosecution (1), securing evidence by …”

France: Judges Concluding the Investigations of the "juge d’instruction" S. 45-46

„… 45 D) Judicial Decisions Concluding the Pre-Trial Phase of Criminal Proceedings — A Functional …” „… Account of the Different Jurisdictions It goes without saying that judicial decisions concluding the …” „… functions of concluding judicial decisions must include a discussion of the trial phase. I will argue here …”

Index S. 81-82

„… – Interlocutory ~ 63 – Judicial Decisions on ~ 38-39 Collection of Evidence 36-44 (43) Comparative Cross-Sections …” „… ) – Investigatory Powers Tribunal 40 – Crown Court 51-53 (51) – Justice of the Peace/Magistrate 39 – Old Bailey …” „… 16 – PACE powers 39, 43-44 (43) France 25-28, 36-38, 45-46 – Code d’Instruction Criminelle 16, 33 …”

England: Party-Led Proceedings Applying an Adversarial Method of Criminal Justice S. 29-30

„… Judicial Decisions Initiating the Pre-Trial Phase 29is then scrutinised in advance by the trial …” „… of everybody's power. Moreover, German criminal procedure interestingly assigns the judge to act as …” „… Criminal Justice Very similar to the German situation is the lack of initial judicial competences in …”

Summary S. 67

„… functional weakness if one compares the powers of the pre-trial judiciary with those of the trial judges …” „… at remedy in the shape of judge-made law and judicial interpretation of statutory law vividly reveal …” „… to powers to evaluate charges and facts, the principle of iura novit curia, or the disclosure of …”

Bibliography S. 71-80

„… Comparative Law Quarterly, pp. 26-51. Fourmy, O. (2002). "Powers of the Pre-Trial Chamber", in Cassese, A …” „… . & Marcus, M. (1977). "The Myth of Judicial Supervision in Three ‘Inquisitorial’ Systems: France, Italy and …” „… , the Prosecutor and the Juge d'Instruction. Judicial Supervision in France, Theory and Practice", 41 …”

Direct Guarantees S. 19-23

„… such a case can indeed be achieved by arbitral powers. But in case of stronger judicial interference …” „… Introduction 19powers at the ICC today are designed for a more inquisitorial method, whereas the …” „… kept in mind in order to assess pre-trial models of judicial control thoughtfully and to weigh them …”

Tables of Abbreviations and Figures S. 9-12

„… Pre-Trial Chamber R. Regina r(r). rule(s) resp. respectivement RIPA Regulation of Investigatory Powers Act …” „… Types of Judicial Decisions p. 43 Fig. 2: The English System of Concluding Hearings in the Pre-Trial …”

doi.org/10.5771/9783845210315

Charl Hugo, Thomas M.J. Möllers - Legality and Limitation of Powers

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Charl Hugo (ed.), Thomas M.J. Möllers (ed.)

Legality and Limitation of Powers

Series: Augsburger Rechtsstudien

Volume 88 2019

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Jennifer Hölzlwimmer The Concept of Constitutional Identity in (Quasi-) Federal Systems of Government – From Limitation of Powers to Judicial Policy Making S. 41-62

„… Limitation of Powers to Judicial Policy Making Jennifer Hölzlwimmer* Abstract: The concept of …” „… every federal system trying to set limits on federal powers, and hence finding a balance between …” „… powers between federal and sub-federal bodies in general. At the same time, it also raises cautions …”

George Barrie Comment: “The Concept of Constitutional Identity in (Quasi-) Federal Systems of Government – From Limitation of Powers to Judicial Policy Making” S. 63-68

„… – From Limitation of Powers to Judicial Policy Making” George Barrie* In 1946 at a post-World War II …” „… the Lisbon Treaty aiming at founding a state. The court insisted that the sovereign power of the …” „… subject to two sets of governments or two centres of power. An obvious question then arises: What remains …”

Thomas M.J. Möllers, Charl Hugo Introduction S. 11-18

„… judicial activism contradicting the principle of separation of powers. She first focuses on the concept of …” „… already Mill who claimed “limits to the power which the ruler should be suffered to exercise over the …” „… community”. Following this idea, the first part of the title, “Legality and Limitations of Powers …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Powers to Judicial Policy Making 41 George Barrie Comment: “The Concept of Constitutional Identity in …” „… (Quasi-) Federal Systems of Government – From Limitation of Powers to Judicial Policy Making” 63 …” „… Augsburger Rechtsstudien 88 Legality and Limitation of Powers Charl Hugo/Thomas M.J. Möllers (eds …”

Mispa Roux Comment: “Democratic Flexibility and Constitutional Stability” S. 85-98

„… representing) a snapshot of the relative political power and influence of various political formations involved …” „… state. All state power derives from the Constitution: it authorises, limits and regulates the exercise …” „… of this power, and sets out the basic principles of our constitutional order. Basic principles in …”

Thilo Rensmann Normative Values in Modern Constitutionalism Reflections on the Constitution as an “Objective Value System” 60 years after Lüth S. 19-34

„… supremacy of the constitution effectuated by the power of judicial review, the FCC had also added an …” „… a formal document regulating public power. It also embodies, like the German Constitution, an …” „… “… is not merely a formal document regulating public power. It also embodies, like the German …”

Michael Biesinger Years after ARAG/Garmenbeck: New Considerations on the Impact of Corporate Reputation on Management Board Liability S. 213-258

„… of Counter Arguments 242 c) Discretional Power of the Supervisory Board 242 (i) Restrictive Opinion …” „… and therefore it is not given any leeway in assessing those points and it is subject to full judicial …” „… limitation of judicial review.131 Such entrepreneurial discretion falls solely within the competence of the …”

Kathleen van der Linde The Impact of Corporate Reputation on Board Liability S. 259-266

„… particular matter arising in the exercise of the powers or the performance of the functions of director”.18 …” „… recognized as relevant, but there is as yet no judicial guidance on other factors that may be taken into …” „… corporate reputation when the openended best interests concept is applied, there is as yet no judicial …”

Thomas M.J. Möllers, Isabella Brosig Law-Enforcement in Turbulent Times – How to Work with Principles in Capital Markets Law S. 135-176

„… power and influence, or of acting opportunistically in the interests of the strongest lobby, and …” „… Courts Act (ArbGG). Law-Enforcement in Turbulent Times 139 the power to develop the law.8 The judge …” „… harness them to solve the specific legal problem. A line of argument based on principles gains its power …”

Stefan Lorenzmeier, Hennie Strydom External Trade Agreements of the European Union and South Africa – Association Agreements versus Economic Partnership Agreements? S. 321-347

„… 323 power to conclude international agreements falling within the ambit of the provision2. This …” „… in financial, tax and judicial areas where appropriate. We should also ensure Rules of Origin in …” „… attribution of powers has special relevance in that the EU can only act if the member states have …”

doi.org/10.5771/9783845291635

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RphZ Rechtsphilosophie

Browse Volumes: RphZ Rechtsphilosophie

RphZ Volume 1 (2015) Issue 3 ISSN Online: 2942-3341

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Massimo La Torre Whos Afraid of the Constitutional Judge? Decisionism and Legal Positivism S. 235-250

„… from the three traditional powers of government (legislative, executive, and judicial) and so cannot be …” „… of any judicial review of actions carried out in that role. And since the head of state is a power …” „… executive unaccountable to legislative and judicial power, at least as an end result. The whole dynamic of …”

doi.org/10.5771/2364-1355-2015-3

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