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Jacques deLisle, Guobin Yang - The Party Leads All

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Jacques deLisle (ed.), Guobin Yang (ed.)

The Party Leads All

2022

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The Party’s Control over the Judiciary S. 157-186

„… 157SIXThe Party’s Control over the JudiciaryXIN HE This chapter explores how the party has …” „… have touched the issue of extralegal influence on the courts, let alone the judiciary’s role in China’s …” „… judiciary’s loyalty to the party and the need to avoid the pernicious influence of “Western” rule-of-law …”

Preface

„… and Chinese Communist Party Power 137 melanie manionSIX The Party’s Control over the Judiciary 157 xin …”

Assessing the Chinese Communist Party and Its Many Changing Roles S. 1-42

„… party’s relationship with a distinctive state insti-tution: the judiciary. He provides a brief overview of …” „… to create a more professional and competent judiciary and a more formal institutionalized legal …” „… institutions, includ-ing the hierarchical judiciary) in politically sensitive cases (including those affecting …”

Ideology for Organization: Xi Jinping’s Party-Building in Historical Perspective S. 109-136

„… equal with the state Procuratorate, the judiciary, and the State Council. It has jurisdiction over all …”

doi.org/10.5771/9780815739524

Jan von Hein, Hanno Merkt, Sonja Meier, Alexander Bruns, Yuanshi Bu, Silja Vöneky, Michael Pawlik, Eiji Takahashi - Relationship between the Legislature and the Judiciary

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Jan von Hein (ed.), Hanno Merkt (ed.), Sonja Meier (ed.), Alexander Bruns (ed.), Yuanshi Bu (ed.), Silja Vöneky (ed.), Michael Pawlik (ed.), Eiji Takahashi (ed.)

Relationship between the Legislature and the Judiciary

Series: Recht in Ostasien

Volume 17 2017

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Seongwook Heo Recent Issues and Trends of Environmental Law and Policy in Korea – Legislature vs. Judiciary S. 263-272

„… Recent Issues and Trends of Environmental Law and Policy in Korea – Legislature vs. Judiciary1 …” „… against BAU until 2030. An Overview of CO2 Emission Trading Act in Korea and its insights on judiciary …” „… ? “Green Growth” in the judiciary Following questions should be raised in dealing with ETA litigations. (1 …”

Jan von Hein The Relationship between the Legislature and the Judiciary in DevelopingGeneral Principles of Private International Law S. 137-168

„… The Relationship between the Legislature and the Judiciary in Developing General Principles of …” „… Legislature and the Judiciary”, I will look at how the current acquis of European private international law …” „… sign of a strong degree of trust in its own judiciary, the limited German approach must be …”

Sang Won Lee The Influence of the Judiciary on the Criminal Legislation and Its Impact on the Transformation of Models: An Analysis of the Korean Experience S. 169-194

„… The Influence of the Judiciary on the Criminal Legislation and Its Impact on the Transformation of …” „… cooperation between the judiciary and the legislature in the midst of the raging waves of political and social …” „… Influence of the Judiciary on the Criminal Legislation 171 only allowed when the accused establishes that no …”

Dongjin Lee A Dynamic between the Legislature and the Judiciary in Korean Health Law: examplified by End-of-Life Decision-making and Health Care Financing Issues S. 273-294

„… A Dynamic between the Legislature and the Judiciary in Korean Health Law: examplified by …” „… address these issues in a timely manner. The Korean judiciary often reacts to this legislative lag by bold …” „… judiciary interact with one another to resolve these conflicts. It will also contribute to improving our …”

Un Jong Pak Of Judicial Justice S. 11-24

„… politics, but still have hope towards the judiciary? What is the most certain is that, for ordinary people …” „… between the legislature, judiciary, and civil society, I will propose the principle of division of justice …” „… : legislature, judiciary, civil society. On the very top is the stable instance(legislature) which lays down the …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Recht in Ostasien | 17 Relationship between the Legislature and the Judiciary Hein | Merkt | Meier …” „… Judiciary Contributions to the 6th Seoul-Freiburg Law Faculties Symposium Nomos BUT_Hein_3736-9.indd 3 …” „… Relationship between the Legislature and the Judiciary Contributions to the 6th Seoul-Freiburg Law Faculties …”

Frank L. Schäfer Judge-made Law beyond the German Civil Code S. 89-108

„… , grand inquisitor of German jurisprudence, argues that the German judiciary has shifted the balance of …” „… contra legem], 1992; Ralf Poscher, Rechtsprechung und Verfassungsrecht [Judiciary and Constitutional Law …” „… Rechtsquellen: Europarecht und nationales Recht [The Importance of the Judiciary within the System of Legal …”

Jinsu Yune The Decision of the Korean Supreme Court on the Contingent Fee Agreement in Criminal Cases – General Clause, Judicial Activism, and Prospective Overruling S. 109-136

„… judiciary. In other words, the separation of power principle matters in both cases. 26 See, Stephanie A …” „… the written law; to find it and to actualize in decisions is the task of the judiciary.40 General …” „… between the legislature and the judiciary, but that between the Federal Constitutional Court and ordinary …”

Kye Joung Lee Tension and Conflict between Laws Made by a Judge and Legislations by the National Assembly in Private Law S. 69-88

„… Separation of powers among the executive branch, the legislature and the judiciary can be said to be the key …” „… judiciary is not endowed with power of creating the law but endowed with power of enforcing the law enacted …”

Matthias Jestaedt The Constitution Conformant Interpretation – Norm Compatibilisation Through Harmonisation by Way of Interpretation S. 25-40

„… remarkable –all levels and in all branches of the judiciary. It is, from the point of view of legal …”

doi.org/10.5771/9783845280493

Andreas Konecny, Gottfried Musger, Matthias Neumayr, Martin Spitzer - Festschrift Elisabeth Lovrek

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Andreas Konecny (ed.), Gottfried Musger (ed.), Matthias Neumayr (ed.), Martin Spitzer (ed.)

Festschrift Elisabeth Lovrek

Series: Festschrift

Volume 2024

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Stefan Weber Hang all judges! – The independence of the judiciary and its enemies S. 869-884

„… governments or legislatures to achieve domination over the judiciary.This study analyses selected governmental …” „… balance of power between the judiciary and the executive. The proposal seeks to curb the judiciary’s …” „… Hang all judges!The independence of the judiciary and its enemiesStefan Weber, ViennaDedicated to a …”

Anna Gamper Die Mitwirkung der Judikative an derBestellung von Höchstrichtern S. 197-216

„… Oxford Handbook of Comparative Con stitutional Law (2012) 831; Smilov, The Judiciary: The Least Dangerous …” „… to a Fair Trial or an Attack on the Independence of the Judiciary? Access to Justice in Eastern …” „… , Federalist No. 78: The Judiciary Department (1788); zuletzt etwa Gamper, Argument 20 ff. Vgl dazu auch die …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 861Stefan WeberHang all judges!The independence of the judiciary and its enemies …”

doi.org/10.5771/9783214257736

Community Law Centre, University of the Western Cape - Constitution-Building in Africa

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Community Law Centre, University of the Western Cape

Constitution-Building in Africa

Series: Recht und Verfassung in Afrika - Law and Constitution in Africa

Volume 26 2015

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Melizsa Mugyenyi The Judiciary: Emerging Vanguard of Kenya’s New Constitution S. 161-181

„… than ever before. Against this backdrop, the chapter investigates the extent to which the judiciary’s …” „… against this backdrop that the present chapter investigates the extent to which the judiciary’s newfound …” „… the affairs of the courts. Section 4 critically analyses the judiciary’s capacity to preserve in the …”

Jaap de Visser, Nico Steytler, Derek Powell, Ebenezer Durojaye Constitution-building in Africa: introductory remarks S. 9-18

„… process of constitution-making; designing the structure of the state; the judiciary and constitutionalism …” „… : introductory remarks 13 The judiciary and constitutionalism Constitutionalism is a precondition for successful …” „… judiciary in this regard. Mugyenyi examines the role of the judiciary in Kenya’s efforts to build and …”

Solomon Ayele Dersso More than Enacting a Just Constitution: Lessons from Kenya on the Challenges of Establishing a Rule-Based Democratic Politics S. 271-292

„… violence. In 2007, the judiciary’s lack of independence from the president and its resultant loss of …” „… changes. The constitution provided for an independent judiciary and a number of independent commissions …” „… to the legal and political system. It provided for an independent judiciary and a number of …”

Linda Musumba Pre-Testing Proposed Constitutions through Intelligent Scenario-Building as a Means of Promoting Their Viability: A Case Study of Kenya S. 75-103

„… the stable framework of a democratic culture characterised by tolerance and a robust judiciary …” „… of altering the balance of power between the executive, legislature and judiciary. As a result …” „… from institutions like the police service, prisons, judiciary, political Pre-Testing Proposed …”

Sauda Nabukenya Why Do Constitutions in Africa Not Stand the Test of Time? Lessons and Perspectives from Uganda S. 293-334

„… operationali- 11 Weingast BR & Mittal S ‘Symposium: The judiciary and the popular will: Constitutional …” „… independent judiciary and the notion of the supremacy of law work together to ensure that the letter and the …” „… investment or environmental protection; there were also several proposals for curbing the judiciary. 61 …”

Assefa Fiseha Legislative–Executive Relations in the Ethiopian Parliamentary System: Towards Institutional and Legal Reform S. 239-270

„… relations were rendered as a triangle, the legislature would occupy the apex and the executive and judiciary …” „… occupying the apex of a triangular hierarchy and the legislature and judiciary, the bottom corners. The …” „… executive free to fill in whatever amount it pleases – and, as a bonus, parliament even ousted the judiciary …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Amar Roopanand Mahadew The Judiciary: Emerging Vanguard of Kenya’s New Constitution 161 Melizsa …”

Enoch MacDonnell Chilemba They Keep Saying, ‘My President, My Emperor, and My All’: Seeking an Antidote to the Perpetual Threat to Constitutionalism in Malawi S. 200-238

„… respect of the judiciary, the president appoints the chief justice (who has to be confirmed by parliament …” „… promotes constitutionalism. The courts’ judicial powers of review The judiciary plays the crucial role of …” „… , parliament and judiciary by, inter alia, establishing mechanisms to limit presidential interference in the …”

Laurent Sermet Reflections on Transitional Constitutional Law in the Light of the Jurisprudence of the Constitutional Courts of the Comoros and Madagascar S. 182-199

„… , national sovereignty and of the independence of judiciary systems of the country …. However, from a …”

Tabeth Masengu Standing on the Sidelines Watching: Women and Zambia’s Constitutional Processes S. 48-74

„… bodies and the judiciary,37 the NCC had merely 131 women, which equated to 26 per cent of the members of …”

doi.org/10.5771/9783845254609

Dirk Ehlers, Henning Glaser, Kittisak Prokati - Constitutionalism and Good Governance

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Dirk Ehlers (ed.), Henning Glaser (ed.), Kittisak Prokati (ed.)

Constitutionalism and Good Governance

Series: CPG Series of Comparative Constitutional Law, Politics and Governance

Volume 1 2014

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Björn Dressel Transformation of Constitutionalism in Asia: The Role of the Judiciary S. 369-392

„… Transformation of Constitutionalism in Asia: The Role of the Judiciary Björn Dressel Introduction …” „… been neither clearcut nor consistent. For instance, while the judiciary has often been empowered by a …” „… Judicialization,” 2009. Björn Dressel 370 political interference with the judiciary and even reinforce tendencies …”

Andreas Føllesdal Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary S. 195-206

„… Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary* Andreas …” „… particular interest to consider how the Nepal judiciary will and must use it, since such expectations should …” „… strategies of the judiciary in Nepal. The new constitution will challenge the Nepal judiciary in several ways …”

Hassavut Vititviriyakul Democracy, Elections and the Constitutional Governance S. 361-368

„… control the judiciary and independent agencies in order to lessen the burdens associated with the scrutiny …” „… consequence, the judiciary was criticized for its failure to curb corruption and for being submissive to …” „… political influences. In the following period, when the judiciary exercised extensive scrutinizing powers …”

Yueh-sheng Weng Interpretations of the Constitutional Court and the Developments of Rule of Law and Democratic Constitutionalism in Taiwan S. 319-360

„… duty of the judiciary in modern rule of law countries is to protect human rights. The changing …” „… to confront and crossexamine their witnesses; the separation of the judiciary and prosecution; trials …” „… , 2000, arguing that “to realize the principle of judicial independence, the judiciary shall preserve …”

Ingwer Ebsen Democracy and Majority Rule S. 163-182

„… legislation, • division of powers which provides the judiciary in particular with independence vis-à-vis the …” „… for elections and legislation, the independence of the judiciary including constitutional jurisdiction …” „… and its protection by a working judiciary. Democracy and Majority Rule 165 balances” such as the …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary 195 Andreas …” „… Transformation of Constitutionalism in Asia: The Role of the Judiciary 369 Björn Dressel List of Contributors 393 …”

Dirk Ehlers Federalism and Decentralization S. 183-194

„… the legislative, administrative and judiciary competencies as well as the fiscal sovereignty are …” „… Court and the constitutional courts of the states, the judiciary is split into different levels of …”

List of Contributors S. 393-396

„… the Judiciary in the Global Order, University of Oslo Henning Glaser DAAD Expert-Lecturer at the …”

Henning Glaser Multiple Constitutionalizations – ‘Constitutionalism and Good Governance in European-Asian Perspectives’ S. 11-62

„… containment of electoral democracy particularly by a more active role of the judiciary as the most important …” „… contrasting constitutional rulings by the judiciary.51 This view is complemented by the interesting claim of …” „… relations between judiciary and the governing political majority concerning the question of social rights …”

Bodo Pieroth The Notion of the “Rule of Law” and its Development in German Constitutional History S. 105-126

„… executive and judiciary to the law and constitution. Its comprehensive and sophisticated catalogue of basic …” „… the state infringes their basic rights. With the exception of the judiciary, this right extends to all …”

Jörg Menzel Constitutionalism as Development S. 81-104

„… legal system and chapters on the judiciary. If taken seriously, most modern constitutions adopted in …” „… , separated powers of the legislature, executive and judiciary, as well as provide for some vertical structure …”

Warawit Kanithasen Some Critical Observations on the Freedom of Assembly in Thailand S. 243-254

„… , administration, and the judiciary are given guidelines and inspiration (Richtlinien und Impulse) by it …”

Dieter Grimm Levels of the Rule of Law – On the Possibility of Exporting a Western Achievement S. 141-152

„… kind of judicial scrutiny. Generally speaking, it took enormous efforts until the judiciary regained …”

Rainer Grote Constitutionalization of Political Rule in Europe: Freedom of Speech, Press and Assembly S. 303-318

„… confidential information, or the maintenance of the authority and impartiality of the judiciary. Within this …”

Albert H.Y. Chen Western Constitutionalism in Southeast Asia: Some Historical and Comparative Observations S. 63-80

„… communitarian interests over individual rights. In Malaysia, the independence of the judiciary was perceived to …”

doi.org/10.5771/9783845237558

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