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Anja Seibert-Fohr, Mark E. Villiger - Judgments of the European Court of Human Rights - Effects and Implementation

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Anja Seibert-Fohr (ed.), Mark E. Villiger (ed.)

Judgments of the European Court of Human Rights - Effects and Implementation

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 2 2014

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Andreas Paulus From Implementation to Translation: Applying the ECtHR Judgments in the Domestic Legal Orders S. 267-284

„… From Implementation to Translation: Applying the ECtHRJudgments in the Domestic Legal OrdersAndreas …” „… ”.24 Rather, it required a ‘translation’ into another legal order,which meant that the concepts of the …” „… different domesticconstitutional organs in implementing its judgments within the domestic legal order. Let …”

Sabino Cassese The Constellation of Global and National Courts: Jurisdictional Redundancy and Interchange S. 151-164

„… reception-circulation of legal rules among parallel national legal orders;the job of courts is to evaluate the relevance …” „… legal order and each judge. This increases interdependence, adding anhorizontal link to the vertical …” „… ofglobal regimes into national legal orders, and vice versa.Contrary to a widely held point of view …”

Hans-Joachim Cremer Prescriptive Orders in the Operative Provisions of Judgments by the European Court of Human Rights: Beyond res judicanda? S. 39-58

„… for theState concerned to choose the means to be used in its domestic legal orderin order to discharge …” „… correct a systemic problem of its legal order through appropriatelegal measures and administrative …” „… general and/or, if appropriate, individual measures to be adopted in itsdomestic legal order to put an end …”

Péter Kovács International Law in the Recent Jurisprudence of the Hungarian Constitutional Court: Opening of a New Tendency? S. 251-266

„… Fundamental Law replacing the Constitution in force between 1949 to 2012,profoundly modified in 1989 in order …” „… international legal papers.1 There is already a commentary2 theretoand international organs, namely the Venice …” „… European Commission for Democracy Through Law [Venice Commission], Opinionon Three Legal Questions Arising …”

Anja Seibert-Fohr, Mark E. Villiger Current Challenges in European Multilevel Human Rights Protection S. 13-24

„… enhanced.Legal literature focuses on whether states comply with ECtHR orders without giving equal consideration …” „… . Popelier et al. (eds.),Human Rights Protection in the European Legal Order: The Interaction between …” „… Execution of Strasbourg and GenevaHuman Rights Decisions in the Domestic Legal Order (1999).13Jurisdictional …”

Angelika Nußberger Subsidiarity in the Control of Decisions Based on Proportionality: An Analysis of the Basis of the Implementation of ECtHR Judgments into German Law S. 165-186

„… detention in the domestic legal order. It gaveclear guidelines both to the domestic criminal courts and to …” „… Implementation of ECtHRJudgments into German LawAngelika NußbergerJudgments of the ECtHR as ‘Legal Irritants’ in …” „… National Legal SystemsTheory of ‘Legal Irritants’ in Comparative LawLegal theory has invested a lot of …”

Linos-Alexander Sicilianos The Role of the European Court of Human Rights in the Execution of its own Judgments: Reflections on Article 46 ECHR S. 285-316

„… domestic legal order a mechanism which will ensurea fair balance between the interests of lessors on the …” „… and that the Court itself has repeatedlyrelied upon this provision in order to do so.Legal Basis in …” „… on Article 46 of the Convention in order to indicate the individual and/or general measures to be …”

Almut Wittling-Vogel The Role of the Legislative Branch in the Implementation of the Judgments of the European Court of Human Rights S. 59-74

„… . Proceedings before the ECtHR are not suited toclearly identifying a problem for all 47 legal orders of the …” „… , the founding members were of the opinionthat their legal orders were consistent with the demands. See …” „… German Constitution is paramount and has the “last word”.5In contrast, however, legal scholars do not …”

Julia Laffranque Can’t Get Just Satisfaction S. 75-114

„… domestic legal order to put71 Doğan and Others v. Turkey, ECtHR Application Nos. 8803/02 et al., Judgment …” „… granting compensation, if itwould shift the responsibility to the national legal order, national courts …” „… ownership to the applicant and to reverse the eviction order.89 Aswell, the Court ordered 9,000 euros for …”

Thomas Giegerich The Struggle by the German Courts and Legislature to Transpose the Strasbourg Case Law on Preventive Detention into German Law S. 207-236

„… German legal system, of preventive policecustody in order to avert dangers to the life and limb of …” „… malfunctioning of thedomestic legal order in a Member State producing numerous repetitive casesin Strasbourg. In …” „… the Sicherungsverwahrung as unconstitutional.However, in order to avoid a legal vacuum with regard to …”

Elisabeth Lambert Abdelgawad There a Need to Advance the Jurisprudence of the European Court of Human Rights with Regard to the Award of Damages? S. 115-136

„… , probably more so than in the past,try to convince the Court to order the government to adopt individual …” „… during the last fifteen years, noting that in some cases, in order tohelp the State to redress the …” „… order toredress the violation. When considering whether changes should occur regarding Article 41, the …”

Michel Puéchavy France and the Award of Damages: The Payment of Just Satisfaction and Costs and Expenses in France S. 137-150

„… Affairs. The staff is made up of judges. When a judgment of the Courtincludes an order of payment, the …” „… . The Minister of Justice (Garde des Sceaux) makes an order for thepayment of principal and, if …” „… necessary, a second order for the payment ofinterest. The amounts due are then subject to a payment order …”

Dean Spielmann Keynote Address S. 25-32

„… of legal practitioners;• the academic constituency, with well-known, established scholars fromthe …” „… at this stage from formulatingspecific orders”.7The last panel discussion will ask: what will be the …” „… procedures in order to boost the implementation of its judgments, so the Committee of Ministers must find its …”

Jacek Chlebny How a National Judge Implements Judgments of the Strasbourg Court S. 237-250

„… domestic legal order and shall be applied directly, unlessits application depends on the enactment of a …” „… Rights(thereinafter: ECtHR or ‘Strasbourg Court’). At first, ECtHR judgments appeared in the legal reasons of judicial …” „… choice of using aninternational norm or constitutional norm as the legal basis for their rulings.3 …”

Titelei/Inhaltsverzeichnis S. 1-12

„… inImplementationVI.From Implementation to Translation: Applying the ECtHR Judgmentsin the Domestic Legal Orders 267Andreas …” „… but which also arise due tostructural defects of States’ legislation, the more the domestic legal …” „… order atlarge is implicated and questions about the effects of the Court’s judgmentsarise. This leads to …”

Derek Walton Subsidiarity and the Brighton Declaration S. 193-206

„… wherefurther guidance from the Court is needed in order to enable them to doso properly. Thus the Court has a …” „… domestic legal remedies.22 Specific human rights remedies, where they have been introduced, have helped to …” „… embed humanrights into the legal framework and provide a convenient way of addressing human rights …”

Mark E. Villiger Binding Effect and Declaratory Nature of the Judgments of the European Court of Human Rights: An Overview S. 33-38

„… existing law? Should the judicial interpretation ofa particular legal provision be changed? Are structural …” „… course, the Court in its judgment may also order a state to pay materialand immaterial damages as well as …” „… 2012, para. 118. With the Government’s criticism about the Chamber judgment’s “order”, ibid., under …”

doi.org/10.5771/9783845259345

Enver Hasani, Péter Paczolay, Michael Riegner - Constitutional Justice in Southeast Europe

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Enver Hasani (ed.), Péter Paczolay (ed.), Michael Riegner (ed.)

Constitutional Justice in Southeast Europe

2012

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Pál Sonnevend The Position of the European Convention on Human Rights in the Hungarian Legal Order S. 163-174

„… 163 The Position of the European Convention on Human Rights in the Hungarian Legal Order Pál …” „… Hungary 166 1. International treaties in the domestic legal order 166 2. The applicability of the …” „… Convention and of the jurisprudence of the European Court of Human Rights in the Hungarian legal order 167 …”

Michael Riegner Constitutional Justice in Southeast Europe between Ordinary Judiciaries and the European Court of Human Rights S. 13-48

„… European legal orders and played an important role in the transformation and democratization of …” „… . This raises methodological questions regarding the selection and comparability of the legal orders …” „… , firstly, all four legal orders emerged from a communist system and, secondly, all four are now part of a …”

Snezhana Botusharova The Constitutional Court of Kosovo and the European Court of Human Rights S. 71-90

„… treaties – and, to a certain extent, also customary international law – into the domestic legal order.18 …” „… assumption that the Kosovo legal order would provide an effective remedy for the violation of constitutional …” „… Botusharova* Contents I. Introduction 72 II. The position of the ECHR in the legal system of Kosovo 73 …”

Peter Pavlin Where Courts Meet: The Effective Protection of the Right to Trial within Reasonable Time in Kosovo in Light of the ECHR and Comparative Experiences S. 91-108

„… effective protection of the right to trial within a reasonable time in Kosovo’s domestic legal order 96 …” „… discuss their effect within the legal order of Kosovo (part II). After looking at some comparative …” „… Constitution, which makes the Convention directly applicable within the domestic legal order of Kosovo.8 …”

Vidan Hadzi-Vidanovic The European Convention on Human Rights in the Serbian and English Constitutional Orders: A Comparative Analysis S. 121-144

„… incorporation of international law into the domestic legal system is required in order to give it effect. Only …” „… through the operation of international treaties.9 In order to become a part of the national legal system …” „… to reinterpret it in order to grasp its meaning and needless to say, the legal result of such …”

Péter Paczolay Constitutional Justice between Courts, Citizens and Politics: Lessons Learned from the Transition Experience in Hungary and Beyond S. 175-194

„… Takács/Allan F. Tatham (eds.), The Transformation of the Hungarian Legal Order 1985-2005, 2007; Peter Paczolay …” „… its primary task is to ensure the abstract constitutional order (and to correct the legal system) or …” „… operates to safeguard the constitution as a part of the objective legal order. In this way the two …”

Ivan Čukalovič The Relationship between the Constitutional Court and the Supreme Cassation Court in Serbia S. 109-120

„… establishes general legal positions of the Court in order to have a unique practice of law; supervises the …” „… Serbia, as is done in the Constitution of Serbia from 1974. The important legal background to this …” „… constitutional order and some aspects of legality as the main task of the Constitutional Court (Article 167). a …”

Enver Hasani Constitutionalism in Kosovo and the Relationship between Constitutional Justice and the Supreme Court S. 49-70

„… position of the Supreme Court in the legal system of Kosovo 61 2. The scope and extent of …” „… them and the ordinary courts of higher instance. In some cases, it was the legal and constitutional …” „… framework that stood behind this tension, but in most cases it was the very legal culture and the local …”

Volkmar Theobald Preface and Acknowledgements S. 5-8

„… Legal Order 163 Pál Sonnevend Constitutional Justice between Courts, Citizens and Politics: Lessons …” „… Constitutional Court was often cited in this context. It thus came as natural to the Legal Reform Project of the …” „… legal research. The first issue was the relationship between constitutional courts and domestic supreme …”

Xhezair Zaganjori The Case of Albania: The Relationship between Constitutional Justice and the High Court under the Influence of the ECHR S. 145-162

„… Review in Europe, Parliamentary law and legal policies 46 (2008), vol. 5. 148 II. The normative …” „… courts, Parliamentary law and the legal policies 46 (5) (2008), 47. 3 Article 145 para. 2 reads: “If …” „… other homologous courts. The case is remanded to the court which has committed the violation in order …”

doi.org/10.5771/9783845242163

Philip M. Bender - The Law between Objectivity and Power

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Philip M. Bender (ed.)

The Law between Objectivity and Power

2022

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Santiago Oñate § 12 International Arbitration as a Project of World Order: Reimagining the Legal Foundations of International Arbitration S. 341-368

„… § 12 International Arbitration as a Project of World Order:Reimagining the Legal Foundations of …” „… InternationalArbitrationSantiago Oñate*IntroductionI. 342Existing Theoretical Approaches to the Arbitral Legal OrderII. 345The …” „… Approaches to the Arbitral Legal OrderThere have been many proponents of several theories. However, the …”

Peter Zickgraf § 13 Economic Analysis of Law: Inherent Component of the Legal System S. 371-404

„… economic considerations constitute an in-herent element of the current legal system in order to be of …” „… principle.118 This question shall thus be investigatedin the following section.Legal principlesIn order to …” „… , they must be made more specific in accordance with thevaluations and values of the positive legal order …”

Philip M. Bender § 1 Ways of Thinking about Objectivity S. 19-98

„… technologies within the law, for instance in order to per-sonalize legal commands, see Omri Ben-Shahar and …” „… apply the law as it is – others as servants of the powerfulthat fill legal notions with whatever serves …” „… characterizethe day-to-day experience of lawyers. They equally divide legal thoughtas it exists between the poles …”

Daniel Wolff § 5 Conceptual and Jurisprudential Foundations of the Debate on Interpretive Methodology in Constitutional Law: An Argument for More Analytical Rigor S. 163-192

„… , in order to be valid, any particular rule or decisionmust be traceable to such an authoritative legal …” „… employ legal reasoning, and therefore has nochoice but to rely on policy arguments in order to discharge …” „… AdjudicationII.169Jurisprudential Reflections: Originalism is Not and Cannot be a Combina-tion of Legal …”

Emilia Jocelyn-Holt § 14 From the Furies to ‘Off with Their Heads’: The Complex Inter-Relation between Law and Power in the Legal-Literary Canon S. 405-424

„… law and order.On another possible reading, the Furies are accepted into law but do notnecessarily …” „… the Legal-LiteraryCanonEmilia Jocelyn-Holt*IntroductionI. 405The Oresteia: Law as the …” „… power? Philosophers and legal theo-rists have argued either that law limits power or that law is an …”

Peter M. Huber § 4 The Law between Objectivity and Power from the Perspective of Constitutional Adjudication S. 147-162

„… judiciary.Nevertheless, the law has two functions also in the German legal order:On the one hand, under the perspective …” „… ofobjectivity. Dogmatics helps to maintain a coherent legal order and toavoid contradictions within it. At the …” „… at least in legal orders influenced by theGerman legal thinking, dogmatics is an established and to a …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Project of World Order:Reimagining the Legal Foundations of International Arbitration 341Santiago …” „… legal reasoning within the methodological po-sitions of the German legal order, Emilia Jocelyn-Jolt …” „… necessity of considering thepeculiarities of each legal subbranch. But there is more to it: theoretical,and …”

Ben Köhler § 6 The Role for Remedial Discretion in Private Law Adjudication S. 195-222

„… interpretation of legal texts orthe construction of legal concepts are often hidden behind methodologyor judicial …” „… rules,5 the construction anddevelopment of legal rules by adjudicators, including discretion in …” „… judiciallaw-making,6 the application and concretisation of open legal terms suchas negligence, good faith and …”

Hans Christoph Grigoleit § 2 Subjectivism, Objectivism, and Intuitionism in Legal Reasoning: Avoiding the Pseudos S. 101-110

„… order.Subjectivism vs Objectivism in Private Law: Referring Legal Solutions to theParties’ IntentionsIn private law …” „… Part 2: Objectivityand Legal Interpretation§ 2 Subjectivism, Objectivism, and Intuitionism in …” „… LegalReasoning: Avoiding the PseudosHans Christoph Grigoleit*IntroductionI. 102Underlying Contextual …”

Martín D. Haissiner § 10 Innocence: A Presumption, a Principle, and a Status S. 297-314

„… of Rights, the founders of this country subordinated policeaction to legal restraints not in order to …” „… Evaluation of Unexplained Wealth Orders,Final Report prepared for the US Department of Justice, 31 October …” „… 2012 (OrderNumber: 2010F_10078).§ 10 Innocence: A Presumption, a Principle, and a Status303interest in …”

Victor Jouannaud § 7 The Essential-Matters Doctrine (Wesentlichkeitsdoktrin) in Private Law: A Constitutional Limit to Judicial Development of the Law? S. 223-250

„… statutory provisions are insufficient, in order to fulfiltheir constitutional duty to decide each legal …” „… actors in order to determine whetherthe one legal position can be enforced under the impairment of the …” „… , however, reversed the civil court’s or-der, holding that ‘a court ruling ordering the mother to disclose …”

Lucia Sommerer § 9 Algorithmic Crime Control between Risk, Objectivity, and Power S. 273-296

„… – de-skilling2. 287Away from the courts – limited legal scrutiny due to complexity3. 288From tool to authority …” „… andstatistical likelihoods may be turned into‘legal truth’.2 Behind the mathematical objectivity of algorithms …” „… archrival Fortuna.’)2 Jack Balkin, 'The Proliferation of Legal Truth' (2003) 26 Harv JL & Pub Pol'y 5, 6 …”

Fabio Núñez del Prado § 11 Stateless Justice: The Evolutionary Character of International Arbitration S. 317-340

„… conference ‘Arbitration as a Spontaneous Legal Order’ that I organized alongwith THĒMIS and Enfoque Derecho …” „… Arbitration asa Spontaneous Legal Order’ (2020) 28 Procesos de Mercado Journal 117, 119.3 Friedrich A Hayek …” „… clauses. In thisregard, Gilles Cuniberti has stated:In most legal orders, arbitration is confined to …”

Andreas Engel § 8 Private International Law between Objectivity and Power S. 251-270

„… between the legal orders of the Member States,1.3 European Union private international law currently …” „… legal order to which it belongs. Art 9 Rome IRegulation thus defines overriding mandatory provisions as …” „… amanifest breach of a rule of law regarded as essential in the legal order ofthe state in which enforcement …”

Franz Bauer § 3 Historical Arguments, Dynamic Interpretation, and Objectivity: Reconciling Three Conflicting Concepts in Legal Reasoning S. 111-144

„… Concepts in LegalReasoningFranz Bauer*Conceptual ClarificationsI. 116Historical arguments1. 116Dynamic …” „… article.111The use of historical arguments1 is – like all methods of legal reasoning– subject to changing …” „… ‘historische Argumente’ andrefers to arguments in legal reasoning that are based on historical information.With …”

Jan-Erik Schirmer § 15 Metaphors Lawyers Live by: Cognitive Linguistics and the Challenge for Pursuing Objectivity in Legal Reasoning S. 427-448

„… metaphors more than one hundred years ago. In order to betterexplain his concept of legal personality, he …” „… Challenge for Pursuing Objectivity in Legal ReasoningJan-Erik Schirmer*IntroductionI. 427Dieselgate in …” „… good judge. He plays a ratherprominent role in the legal aftermath of Dieselgate, the emissions …”

Alvin Padilla-Babilonia § 16 The Citizenship Duality S. 449-477

„… social theory and legal scholarship.3 What is often overlooked, however,is what ‘order and meaning’ can …” „… Rights and Full MembershipII. 452Historical foundations1. 453Social and legal scholarship2. 455Challenges …” „… Citizenship as Instrument of PowerIII. 460Historical foundations1. 460Social and legal scholarship2. 462 …”

doi.org/10.5771/9783748927211

Eric Hilgendorf, Jochen Feldle - Digitization and the Law

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Eric Hilgendorf (ed.), Jochen Feldle (ed.)

Digitization and the Law

Series: Robotik, Künstliche Intelligenz und Recht

Volume 15 2018

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Maria Kaiafa-Gbandi Criminalizing attacks against information systems in the EU and the impact of the European legal instruments on the Greek legal order S. 91-110

„… back as the ’80 s, anumber of legal orders recognized information systems as fundamental in‐terests …” „… interestswithin the particular context of their own legal order?45Last but not least, there is a valid concern …” „… example, i.e. whathave been the implications for the Greek legal order based on the directivedescribed …”

Titelei/Inhaltsverzeichnis S. 1-8

„… of the European legal instruments on the Greek legal order 91Maria Kaiafa-GbandiThe U.S. Supreme …” „… legal comparison between Germany / Europe and theUSA, and was the prelude to the founding of a …” „… HilgendorfHacking the Internet of Things: Vulnerabilities, Dangers, and LegalResponses 21Sara Sun Beale and Peter …”

Eric Hilgendorf The dilemma of autonomous driving: Reflections on the moral and legal treatment of automatic collision avoidance systems S. 57-90

„… ” (footnote 16), needs cla‐rification. It is used here to describe the notion that the legal order is intended …” „… perspective,the individual and his rights are the guiding values in our legal order, sothat as a matter of …” „… the centreof the legal order. In modern times, this position was formulated for thefirst time in the …”

Eric Hilgendorf Introduction: Digitization and the Law – a European Perspective S. 9-20

„… the pressure to explicate will affect legal drafting and argumentation.In order to be represented in …” „… Revolution and the LawWhat does all of this mean for the law? In order to shed light on the im‐pact of …” „… digitization on the legal system and its stakeholders, the followingsix topics should be considered (1) legal …”

Susanne Beck Robotics and Criminal Law. Negligence, Diffusion of Liability and Electronic Personhood S. 41-56

„… interactionsbetween robots and humans and the legal consequences of damagescaused by machines. The phrasing itself is …” „… this new technology.Therefore, it is important to discuss the legal situation right now, beforeeven …” „… newtechnologies.The Current Development of Robotics from a Legal PerspectiveRobots will, in the years to come, play a …”

Ari Ezra Waldman Trust: Privacy in the Digital Age S. 127-140

„… powerful legal tools that protectand repair disclosure relationships. Reinvigorating information privacy …” „… inthe digital age requires similar norms and legal weapons, as well. Privacy-as-trust matches the way we …” „… study—the legal obliga‐tions data collectors have to consumers—to tease out some of the effectsof …”

Mark S. Kende The U.S. Supreme Court’s First Amendment refusal to protect children regarding sexually explicit speech on the Internet S. 111-126

„… legal system apparently still allows greaterprotection of children from the Internet.9Reno v. ACLUThe …” „… features in order to secure the protectionand promotion of the rights and freedoms concerned.According to a …” „… unprecedented legal issues, restrictions to freedom of expressionshould be more broadly accepted.”26 This is …”

doi.org/10.5771/9783845289304

Henning Glaser - Constitutional Jurisprudence

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Henning Glaser (ed.)

Constitutional Jurisprudence

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

Volume 3 2016

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Slavica Banić Activism and Self-Restraint of the Croatian Constitutional Court in the Constitutionalization of the Legal Order S. 179-200

„… of the Legal Order Slavica Banić A. Introduction Constitutionalization is defined as a set of …” „… of the constitutional court within the legal order and its self-perception. Speaking of the role …” „… constitutionalization of the Croatian legal order will be presented through its constitutional jurisprudence …”

Bartosz Makowicz The Constitutionalization of Polish Law Through the Jurisdiction of the Polish Constitutional Tribunal S. 201-214

„… Tribunal are binding and final. It was crucial to give this strong legal power to its judgments in order …” „… . Review of Legal Acts In order to assess whether a legislative act is compliant with the Polish …” „… of Polish legal culture. To fully understand the value system of modernday Polish legal culture as …”

Mirosław Wyrzykowski 10 Lessons in Constitutional Resilience S. 123-150

„… 2010 in order to confirm the legal relevance of the judicial privilege from prosecution in so-called …” „… legal and social order. It is impossible to agree with the President of the Council of Ministers when …” „… the area of legal interpretation precisely in order to keep at bay the dangers of logical and …”

Henning Glaser Constitutional Jurisprudence – On the Function, Impacts, and Challenges of Constitutional Courts S. 11-50

„… the court with the necessary ‘material’ to shape all parts of the legal order on the level of legal …” „… enabled the Federal Constitutional Court to put the whole legal order under a constitutionally defined …” „… legal orders in general in a given society. Moreover, the institutional culture offers a high potential …”

Heru Susetyo The Indonesian Constitutional Court Between Judicial Activism and Judicial Terrorism S. 323-344

„… article as legal grounds to establish a Constitutional Court, as follows: Article 24 (1) The judicial …” „… power shall be independent and shall possess the power to organize the judicature in order to enforce …” „… must be individuals, groups, legal bodies (private or public) or state institutions whose …”

Byung-Sun Cho The Impact of the Constitutional Court on the Criminal Justice System in South Korea – Criminal Justice Practice Before and After 1987 S. 305-322

„… independent judicial authority. Although the rights of a suspect were well-documented in its legal texts …” „… came with its adoption of Western-style legal institutions in the early Meiji period that pressured …” „… statutes. But the main structure of South Korean legal institutions reflected their Japanese legacy. This …”

Jau-Yuan Hwang Evolution of Taiwan’s Constitutional Court from 1948 to 2014: Emergence of an Active but Divided Court S. 259-280

„… took control of Taiwan from defeated Japan, under the authorization of the General Order no. 1 issued …” „… inter-national legal status. In December 1947, a new constitution took effect in China and was applied to Taiwan …” „… 4 For the text of this order, see http://www.taiwandocuments.org/surrender05.htm (last visited Nov …”

Jong-ik Chon The South Korean Constitutional Court: Defending the Freedom of Expression in Cyberspace S. 289-304

„… in cyberspace, may be the prosecutors, who are responsible for taking legal actions against …” „… be restricted by Act only when necessary for national security, the maintenance of law and order or …” „… 15 Article 47(Penalties) (1). 16 See Beard, “Legal Phantoms in Cyberspace: The Problematic Status of …”

Javier García Roca New Challenges of the Spanish Constitutional Jurisdiction and Judicial Communication S. 151-178

„… other legal orders: Following comparative law, integration of same-sex marriages into the current idea …” „… applications to be sent to Court. The nature of the conflict in the three legal orders is basically equivalent …” „… . Javier García Roca 166 decisions, in order to introduce some constitutional limits and legal …”

Matthias Jestaedt Multilevel Constitutionalization – Some Remarks on the Manifold Nature of Constitutionalization S. 51-66

„… juxtaposition and, increasingly, the interlocking of domestic, supra-national, and international legal orders in …” „… process (or the result of such a process) by which a (domestic) legal system is increasingly steered by …” „… its constitution, i.e., legal relations are increasingly determined, qualitatively and/or …”

Yasuo Hasebe Constitutional Adjudications of the Supreme Court of Japan S. 237-258

„… part of the Court. In order to avoid overturning established legal situations which retroactive …” „… constitutionality of any law, order, regulation or official act’. The Court’s constitutional review authority …” „… resolve legal disputes. In one of its early rulings, the Court declared that even without Article 81 its …”

Robert Esser Independence and Impartiality of Courts – Human Rights Standards: Reflections on European Union Law, the Jurisprudence of the ECtHR and the “soft law” of the Council of Europe S. 89-122

„… . The methods having been taken so far in order to harmonize the national legal systems are, as often …” „… recent years requires a continuous harmonization of the national legal systems. In Europe, an increasing …” „… number of civil and criminal legal matters affect more than one national legal system. However, the …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Constitutional Court in the Constitutionalization of the Legal Order Slavica Banić 179 The …”

Jiunn-rong Yeh Politicization of Constitutional Courts in Asia: Institutional Features, Contexts and Legitimacy S. 215-236

„… that the power allocation mechanisms have evolved into a more delicate design in order to prevent …” „… political parties, removal of public officers and proposal of legal norms. Supervising political parties …” „… president. Impeachment or removal of political leaders is not a purely legal matter, since it often …”

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