FID Recht - 342 - Verfassungs- und Verwaltungsrecht

Freedom of expression and the EU’s ban on Russian Today : a dangerous Rubicon crossed

2026-07-24T06:36:28+00:00

On 27 July 2022, in RT France v Council, the General Court of the European Union (‘General Court’) found that the ban on RT France in the EU did not violate the right to freedom of expression and media freedom, under Article 11 of the EU Charter of Fundamental Rights. Notably, the General Court sought to apply principles from case law of the European Court of Human Rights and international human rights law. This article argues that there are serious questions to be raised over the General Court’[...]

European Court of Human Rights: Carolis et France Télévisions v. France

2026-07-24T06:36:27+00:00

The European Court of Human Rights has confirmed the robust Article 10 protection for investigative journalism expressed in a television documentary, holding that a conviction for defamation of a Saudi Arabia prince violated the right to freedom of expression.

European Court of Human Rights: Kalda v. Estonia

2026-07-24T06:36:27+00:00

For the first time the European Court of Human Rights has stated that denying a prisoner access to the Internet may amount to a violation of Article 10 of the Convention. In Estonia Mr Kalda, who is serving a life sentence in prison, requested from the governor of the prison access to the online version of the State Gazette, to the decisions of the Supreme Court and administrative courts, and to the HUDOC database of the European Court of Human Rights.

An exploration of the child's right not to use the internet : disentangling from the digital web

2026-07-24T06:36:22+00:00

Recent policy documents at international and European level emphasise how essential internet access is for the realisation of children’s rights, and more specifically for purposes of inclusion, education, participation and communication. Schools impose the use of online learning platforms, friendships are maintained predominantly through mobile apps and online gaming platforms have taken over from playgrounds. Amidst this digital transformation, the fundamental question emerges whether children [...]

The virtues and limits of transformative constitutionalism : Ecuador’s constitutional court decision on prisons

2026-07-24T06:36:22+00:00

In search of foreign influences, other than French, in nineteenth-century Belgian court decisions

2026-07-24T06:36:21+00:00

In many senses, nineteenth-century Belgium can be considered to be a 'legal province' of Belgium. In the tradition of the exegetical school, legislation is the one and only formal source of law for judicial decisions. This legislation is primarily composed of the Napoleonic codes. Judges seem to be afraid of referring to other sources. If a ‘foreign’ source is quoted, it is a French one.

Freedom of expression, the media and journalists : case-law of the European Court of Human Rights

2026-07-24T06:36:20+00:00

This e-book (also available in a printed version) offers a structured insight into the European Court of Human Rights’ case-law on freedom of expression and media and journalistic freedoms has been a widely appreciated. It is presented as a vade mecum on Article 10 of the European Convention on Human Rights. The target group includes lawyers, judges, law- and policy-makers, civil society actors, journalists and other media actors, academics, students, and indeed everyone with an interest in its [...]

Children’s rights in the digital environment

2026-07-24T06:36:18+00:00

In March 2021, the United Nations Committee on the Rights of the Child formally adopted its General Comment No. 25 on the Rights of the Child in relation to the Digital Environment. The General Comment strongly focusses on the child’s right to privacy and data protection. In this talk, Eva Lievens presents how this right is challenged, how the EU legislator attempts to protect this right and how children feel about it.

Submission to the Committee on the Rights of the Child in view of the intention to draft a General Comment on children’s rights in relation to the digital environment

2026-07-24T06:36:13+00:00

Children in the EU Digital Services Act and Artificial Intelligence Act : from acknowledging children’s rights to protecting and fulfilling children’s rights

2026-07-24T06:36:13+00:00

The Canons Fell Silent: An Analysis of the Supreme Court's Failure to Use Statutory Interpretation Tools in Sackett v. EPA

2026-07-17T03:20:30+00:00

In 2023, the United States Supreme Court denied decades of precedent, agency action, and the proper use of canons of interpretation in its decision in Sackett v. Environmental Protection Agency (Sackett). This case adopted the “continuous surface connection” test, which requires an indistinguishable surface water connection between a wetland and a navigable water to assert Clean Water Act jurisdiction over the wetland. This limitation on agency authority under the Clean Water Act was created thr[...]

Protecting Child Victims' Rights as Vigorously as Criminal Defendants' When Prosecuting Possession or Distribution of Child Pornography

2026-07-17T03:20:30+00:00

Among the devastating effects of the worldwide child pornography epidemic is a concerning legal dilemma. Until recently, courts have frequently held that a defendant charged with child pornography offenses has a nearly unrestricted right to receive and view copies of the pornographic evidence as part of discovery of the state’s evidence. The duplication, dissemination, and viewing of child pornography is not only a violation of federal law, but is also a further violation of the child victims’ p[...]

From Substance to Shadows: An Essay on Salazar v. Buono and Establishment Clause Remedies

2026-07-17T03:20:30+00:00

Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Sal[...]

Diversification of the Japanese Judiciary

2026-07-17T03:20:30+00:00

Japan has a career judiciary. The Courts Act of 1947 provides that judges may be appointed from among prosecutors, attorneys, and law professors. In practice, however, the vast majority of judges come from a fourth category, “assistant judges,” who are appointed directly upon completion of the legal training program and typically serve through retirement. This continues a career tradition that dates back to the late nineteenth century. For nearly that long, the Japanese bar has been advocating t[...]

Judicial Reform and the State of Japan's Attorney System: A Discussion of Attorney Reform Issues and the Future of the Judiciary, Part II

2026-07-17T03:20:30+00:00

Based on the Judicial Reform Council's article, "Points at Issue in Judicial Reform," this paper analyzes basic issues regarding the current status of the Japanese attorney system and areas to be addressed in judicial reform. [This Article formed the basis of Mr. Nakabō's report at the thirteenth meeting of the Judicial Reform Council on February 22, 2000. It was originally published as the second part of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING: THE LAW SCHOOL [...]

Policymaking by the Japanese Judiciary in the Criminal Justice Field

2026-07-17T03:20:30+00:00

When one speaks of policymaking by the judiciary, the image that often comes to tnind is the U.S. judiciary, especially the Supreme Court of the United States. That reaction is understandable. Examples abound of policymaking by courts in the United States; and a seemingly never-ending stream of books and articles discuss, analyze, and, depending on the authors'point of view, praise or decry "policymaking" or "judicial activism" by U.S. courts. The field of criminal justice frequently is offered [...]

The Supreme Constitutional Court of Egypt on Islamic Law, Veiling and Civil Rights: An Annotated Translation of Supreme Constitutional Court of Egypt Case No. 8 of Judicial Year 17

2026-07-17T03:20:30+00:00

The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic leg[...]

The Elephant in the Room: Intentional Voter Suppression

2026-07-17T03:20:30+00:00

Since its inception, the Roberts Court has acquiesced in—and at times even abetted—the attempts of many states to make it harder for Americans to vote. Illustrative is a 2018 decision, Husted v. A. Philip Randolph Institute, in which the Court rejected a statutory challenge to a state’s expansive purges of voting lists. In Husted the Court dismissed the threat of voter suppression as simply not “relevant” to the case before it. By declining to look beyond states’ unsupported explanations for vot[...]

CONSTITUTIONAL RIGHTS OF ARTIFICIAL INTELLIGENCE

2026-07-17T03:20:30+00:00

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for ar[...]

“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra that Should Be Gone for Good

2026-07-17T03:20:30+00:00

For a century, Washington State Supreme Court opinions periodically have intoned that the body will not invalidate a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This odd declaration invokes an evidentiary standard of proof as a rule of decision for a legal question of constitutionality, and it confuses practitioners and the public alike. “Unconstitutional beyond a reasonable doubt” is not peculiar to Washington State. Indeed, it began appearing in[...]

The Supreme Court and the Push for Transparency in Lower Court Appointments in Japan

2026-07-17T03:20:30+00:00

The theme of this symposium issue is ―Decision Making on the Japanese Supreme Court.‖ From that title, readers understandably might assume the focus is squarely on decisions in judicial cases. Yet, as Lawrence Repeta observes in his Article for this issue, the Japanese Supreme Court bears responsibility for another major category of decision making: judicial administration.1 One vitally important aspect of judicial administration for which the Supreme Court bears primary responsibility is the se[...]

Judicial Reform and the State of Japan's Attorney System: A Discussion of Attorney Reform Issues and the Future of the Judiciary

2026-07-17T03:20:30+00:00

Based on the Judicial Reform Council's article "Points at Issue in Judicial Reform," this paper presents basic issues on the current status of the Japanese attorney system and areas to be addressed in judicial reform. [[Translator's Note] This Article formed the basis of Nakabō's report at the twelfth meeting of Judicial Reform Council held on February 8, 2000. It was originally published as the first of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING; THE LAW SCHOOL C[...]

Reasoning v. Rhetoric: The Strange Case of “Unconstitutional Beyond a Reasonable Doubt”

2026-07-17T03:20:30+00:00

An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather [...]

Beyond the Little Dutch Boy: An Argument for Structural Changes in Tax Deduction Classification

2026-07-17T03:20:30+00:00

One of the most active disputes in tax law today is the question of the proper tax consequences for a successful plaintiff, a portion of whose taxable damage award is paid to his or her attorney pursuant to a contingent fee arrangement. At issue is whether the plaintiff is taxable on the portion of the award that is payable to the attorney. One aspect of this problem was resolved prospectively by the adoption of the American Jobs Creation Act of 2004, but the problem continues to exist in other [...]

Finality, Habeas, Innocence, and the Death Penalty: Can Justice Be Done?

2026-07-17T03:20:30+00:00

In 1995, Judge Betty Binns Fletcher posed a question: In the context of the death penalty, can justice be done? She did not answer the question at the time. However, an examination of the procedural hurdles now facing condemned inmates seeking review of claims of constitutional violations suggests the answer is no. Too often courts, including the Supreme Court, have favored finality over fairness, elevating strict adherence to procedural rules over the responsibility to make sure justice is done[...]

The Collateral Consequences of Ex Post Judicial Review

2026-07-17T03:20:30+00:00

Judicial review produces disruptions to democratic preferences that are not constitutionally required. Judicial review produces these disruptions because the law the Court declares unconstitutional is not automatically replaced with the laws that policymakers would have enacted had they known their preferred policy was unconstitutional. The Court is institutionally ill-equipped to address these disruptions, and the coordinate branches are often unwilling or unable to do so—unwilling because thei[...]

Pregnant and Prejudiced: The Constitutionality of Sex- and Race-Selective Abortion Restrictions

2026-07-17T03:20:30+00:00

Six states currently restrict a woman’s access to abortion based on her personal motivations for seeking the procedure. These laws, which prohibit abortions that are sought based on the fetus’s sex or race, raise challenging constitutional issues, as the restrictions do not fit neatly into the U.S. Supreme Court’s abortion jurisprudence framework. The constitutionality of these laws is also unclear because no legal challenge has been brought against them. This Comment argues that motive-based ab[...]

Egypt's Supreme Constitutional Court: Managing Constitutional Conflict in an Authoritarian, Aspirationally Islamic State

2026-07-17T03:20:30+00:00

Independence for Washington State's Privileges and Immunities Clause

2026-07-17T03:20:30+00:00

Article I, section 12 of the Washington State Constitution prohibits special privileges and immunities. It provides: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” Since the 1940s, the Washington State Supreme Court has analogized article I, section 12 to the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constit[...]

Textual Imagination

2026-07-17T03:20:30+00:00

Textualism's revival illuminated the judicial imagination at play behind the search for congressional intent through legislative history. The Supreme Court’s decision in Buckhannon Board & Care Home v. West Virginia Department of Health & Human Resources shows the Supreme Court’s mounting disregard for legislative history and concomitant attempt to erect replacement canons of statutory construction to guide textual interpretation. The opinion privileged a canon of statutory construction over the[...]

Pivoting to Progressivism: Justice Stephen J. Chadwick, the Washington Supreme Court and Change in Early Twentieth Century Judicial Reasoning and Rhetoric

2026-07-17T03:20:30+00:00

Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the re[...]

Stephen Vladeck with Lisa Marshall Manheim - The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

2026-07-17T03:20:30+00:00

REDEFINING CHILD PORNOGRAPHY IN AN AGE OF TECHNOLOGICAL ADVANCEMENT: THE CONCEPT OF AVOIDABLE HARM

2026-07-17T03:20:30+00:00

In 2020, Netflix released on its streaming service the movie Cuties, a coming-of-age story about an 11-year-old Senegalese immigrant who joined a dance group. The film is a commentary against the hyper-sexualization of children and the pressure young girls face from social media and society and received a director’s award at the Sundance Film Festival. Its release, however, kicked off a culture war, prompting a movement to cancel Netflix subscriptions in response to the film’s sexually provocati[...]

Poland’s King’s Courts (1917-1918) ; Les «Tribunaux Royaux-Polonais» (1917-1918) ; Sądy Królewsko-Polskie (1917-1918)

2026-07-10T07:18:37+00:00

On 1 September 1917 Poland’s King’s Courts became functional at the territory of the Kingdom of Poland, then still under German and Austro-Hungarian rule. This fact meant that as of that date, the administration of justice had passed, even if not yet completely, to Polish authorities. At the same time, the Department of Justice at the Temporary Council of State set on preparing the legal and actual foundations for the functioning of king’s courts in Poland. At that time Poland’s judiciary system[...]

Drafting of the Constitution of the Polish People's Republic of 22. July 1952 ; La création de la Constitution de la République Populaire de Pologne de 22 juillet 1952 ; Tworzenie Konstytucji PRL

2026-07-10T07:18:37+00:00

The genesis of the Constitution of the Polish People's Republic has not been sufficiently studied and analysed. This is partially due to the fact that the most vital solutions and decisions regarding its contents were made in and by a very narrow group of representatives of the party and state leadership. The official work on the drafting of the Constitution continued from May 1951 to July 1952 and was carried out within and by the Legislative Seym, its Constitutional Commissions and several sub[...]

Protection of the reputation of the Polish Nation and the Republic of Poland ; Ochrona dobrego imienia Narodu Polskiego i Rzeczypospolitej Polskiej

2026-07-10T07:18:38+00:00

A pretext for taking up this topic was the adoption in January 2018 of the new Act of the Institute of National Remembrance, which aroused huge controversy. In this way, provisions were enacted to protect the reputation of the Republic of Poland and the Polish Nation. Among them, there are regulations such art. 53o and 53p providing civil liability for violating the reputation of the Republic of Poland and the Polish Nation. This part of the bill passed almost unnoticed, unlike the criminal law [...]

The citizen factor in the judiciary in the Second Polish Republic ; Czynnik obywatelski w sądownictwie II Rzeczypospolitej

2026-07-10T07:18:38+00:00

The article concerns the participation of the social (citizen) factor in the justice system (the judiciary) of the Second Polish Republic. The publication consists of four parts. The first part delineates the participation of the citizens in the judiciary from a historical perspective. The next part pertains to the contents of the basic laws of the Second Polish Republic, namely the Constitution of the Republic of Poland adopted on the 17th of March 1921 and the April Constitution of Poland of t[...]

Spory wokół Trybunału Konstytucyjnego w Polsce w latach 1981-1985

2026-07-10T07:18:38+00:00

The creation of the Constitutional Tribunal (1981, 1985), instead of a separate chamber of the Supreme Court, was accompanied by numerous discussions and sometimes even disputes. The process took place between 1981 and 1985. It was decided that in case of analyzing whether a law is constitutional and legal, the most important element is the existence of an independent state body such as the Constitutional Tribunal. Moreover, jurisdiction activity was brought into the purview of the Tribunal. In [...]

REALISING THE CHILD'S RIGHTS IN EARLY CHILDHOOD IN THE CONTEXT OF CHILDREN’S SOCIAL PARTICIPATION: THE CASE OF THE CHILD’S RIGHT TO A FAMILY

2026-07-10T07:18:38+00:00

The article presents the need to make the culture of children's rights fundamental from the earliest years of their lives, given the idea of children's social participation. Creating and practising such a culture throughout childhood is a task that requires not only a thorough knowledge of the child’s rights among both parents and teachers but also the wider acceptance of these ideas and the creation of the right environment for sharing and speaking up for them both at home and in early educatio[...]

„Jesteśmy tu dla Polski”. III Rada Narodowa RP wobec wydarzeń w kraju (1949–1951)

2026-07-10T07:18:38+00:00

The article presents discussions on the situation in Poland which took place at the forum of the Third National Council. The Council was appointed by the president of Poland in Exile August Zaleski in 1949. It was vicariously performing some of the functions of the Parliament and as such it was an advisory body to the president and to the government. Its term of office lasted for two years (between 1949 and 1951). Polish authorities in exileregarded Poland as an occupied country and that it was [...]

The profession of a feldsher in light of the regulations in force in the Second Polish Republic ; Zawód felczera w świetle przepisów obowiązujących w II Rzeczypospolitej

2026-07-10T07:18:38+00:00

This article presents the issue of performing feldsher activities in the Second Polish Republic. The profession of a feldsher existed in the territories of reborn Poland which had been a part of the Russian Empire before World War I. The Polish authorities made attempts to limit the activities of people who were involved in feldsher activities. The Polish government did not even attempt to hide the fact that it wanted to gradually abolish this profession. These attempts were made in this area by[...]

Between Choice and Tradition: Rethinking Remedial Grace Periods and Unconstitutionality Management in a Comparative Light

2026-07-10T08:22:15+00:00

Recent experiences of constitutional review in the common law world have received increasing attention in comparative constitutional law scholarship. Looking beyond the common law jurisdictions, this Article investigates the influence of variations on unconstitutionality management and changing constitutional politics on the functional mutation of remedial grace periods. Through a case study of Taiwan in light of the comparison of the civilian-continental vs. common law models of constitutional [...]

The California Judiciary

2026-07-10T08:22:10+00:00

The California judiciary is one of three branches of the state government. This paper provides an overview of the current court system, its historical development, its relationship with the other branches of state government and the federal courts, and a comparison of California's judiciary with other states' judicial systems.

The Best of Two Tests: A Hybrid Test for Balancing Right of Publicity and First Amendment Interests Tailored to the Complexities of Video Games

2026-07-10T08:22:10+00:00

Over the past six decades, the right of publicity has been developed almost as quickly as the world around it. As major advances in film and computer technology have allowed content producers to depict real people in their works in a plethora of new ways, the people depicted have used the right of publicity to challenge many of these uses. As a result, courts have been faced with constantly remolding the right of publicity to account for these technological advances. As a creature of state law, [...]

AFFIRMATIVE ACTION, THE FISHER CASE, AND THE SUPREME COURT: What the Justices and the Public Need to Know

2026-07-10T08:22:06+00:00

Historical Consciousness: How The U.S. Supreme Court Understands Time

2026-07-10T08:22:06+00:00

This dissertation explores the complex relationship between time, history, and judicial decision-making in the U.S. Supreme Court under Chief Justice John Roberts. I address the Court's prevailing "present-past" orientation—a tendency to anchor decisions in historical precedent without adequately considering the differentiating power of time to alter the experience of living under the Constitution. This approach, while respectful of tradition, often results in judicial outcomes that fail to reso[...]

Law: Definitions and Codification

2026-07-10T08:22:00+00:00

When considering “law” in ancient Egypt, it is necessary to try to distinguish between our modernconcepts a nd ancient aspects of Egyptian law. The word hep is most commonly translated as “law” and was used in the sense of “(single) law” throughout Egyptian history, but it also refers to any other type of binding rule. Hepu and, in Demotic, also hep can refer to the totality of laws and therefore come close to our modern understanding of “law.” Although maat is often translated as “justice,” it [...]

JUSTIFYING A REVISED VOTING RIGHTS ACT: THE GUARANTEE CLAUSE AND THE PROBLEM OF MINORITY RULE

2026-07-10T08:21:58+00:00

In Shelby County v. Holder, the Supreme Court invalidated Section 4 of the Voting Rights Act of 1965, which required certain jurisdictions with histories of discrimination to "preclear" changes to their voting practices under Section 5 before those changes could become effective. This Article proposes that Congress ground its responsive voting rights legislation in the Constitution's Guarantee Clause, in addition to the Fourteenth and Fifteenth Amendments. The Court has made clear that the Guara[...]

FROM WALL TO WINDOW: THE SUPREME COURT AND THE EROSION OF THE CHURCH-STATE WALL OF SEPARATION

2026-07-10T08:21:58+00:00

The First Amendment and the Establishment and Free Exercise Clauses derived from it are the basis for what Thomas Jefferson coined as the ìwall of separation.î As of 2020 however, the appointments to the Supreme Court made during the first Trump administration marked the creation of an unprecedented 6-3 conservative, catholic, ìsuperî majority. This research project aims to examine not only the impacts of the current religious majority on the Supreme Court, but to argue that there has been a sub[...]

Liability of a witness giving false testimony in fear of criminal responsibility – commentary on the I KZP 5/21 resolution of the Supreme Court ; Odpowiedzialność świadka składającego fałszywe zeznania w obawie przed grożącą mu odpowiedzialnością karną – glosa do uchwały Sądu Najwyższego z dnia 9 listopada 2021 r., sygn. akt I KZP 5/21

2026-07-10T07:18:38+00:00

The commentary pertains to the problem of witnesses giving false testimony in fear of criminal responsibility, which was the subject of the Supreme Court resolution pronounced by 7 Supreme Court judges on 9.11.2021, bearing the signature I KZP 5/21. Due to the fact that it is given the force of a legal principle, the resolution will be of utmost importance for both defense attorneys and prosecutors. The Supreme Court issued the aforementioned resolution in order to normalize its case law regardi[...]

Roman law in the period of profound changes in Polish science

2026-07-10T07:18:38+00:00

Separating Roman law from the theory of applicable private law inspires - from the beginning of 20th century – the questions pertaining to the meaning, aims, and methods of researching Roman law. This article analyses these issues in the context of the changes of the evaluation of research resulted from the Polish higher education and science act enacted in 2018. The core of this analysis is the comparison of the traditional understanding of the internationalization of the study of Roman law by [...]

Constitutional Interpretation as Norm Creation

2026-07-03T05:15:33+00:00

International audience ; Constitutional interpretation is not a scientific interpretation of a text or texts, known as the constitution. Constitutional interpretation is a norm-creation process; it is a process that establishes the constitution as a norm. Before interpretation occurs, there is no norm and, therefore, there is no constitution. Moreover, this means that interpreters can create constitution as a meaning, as a valid source, as well as they create the hiererchy of norms deriving from[...]

Der Gerichtshof der Republik (Cour de justice de la République ) : wem die Stunde schlägt ? ; The french Law Court of the Republic : for whom the bell tolls ? ; Cour de justice de la République : Pour qui sonne le glas ?

2026-07-03T05:15:33+00:00

National audience ; Der französische Gerichtshof der Republik ist neulich wegen verschiedenen Gerichtsverfahren wieder ans Licht des öffentlichen Interesse geraten. Ein verfassungsändernder Entwurf aus dem Jahre 2013 zielte ausserdem auf seine Abschaffung ab. Eine ausführliche Analyse seines Rechtsstatus und seiner Rechtsprechung zeigt die Schwächen dieses Gerichts auf : atypische Organisation, wechselnde Zuständigkeiten, immer wiederkehrende Tendenz zur politischen Justiz, schwache Kontrolle de[...]

Introduction - Legal rules in practice: an exploration into law's life

2026-07-03T05:15:33+00:00

International audience ; We propose a volume which, taking law in and for itself, develops a sensitivity to legal practices, that is, an anthropology of these practices which refer somehow to a legal rule, be it to apply or interpret it, or even to dodge or violate it. Legal rules do not determine the behaviors of people to which they are supposed to apply, but they serve as their point of reference. It is these referring practices that the many contributions will address: how is the rule invoke[...]

Brexit : au mépris du Parlement ? Theresa May, entre « contempt of Parliament » et fragile soutien de sa majorité

2026-07-03T05:15:33+00:00

http://blog.juspoliticum.com/2018/12/18/brexit-au-mepris-du-parlement-theresa-may-entre-contempt-of-parliament-et-fragile-soutien-de-sa-majorite-par-cecile-guerin-bargues/ ; Juspoliticum ; On December 4, MPs passed a historic motion to hold the government in contempt over its failure to release the cabinet legal advice on the Brexit deal. The revival of an ancient privilege never used against the government tends to cast doubts on Theresa May’s parliamentary authority, while Commons are signific[...]

L'interprétation libérale d'une Constitution socialiste ; L'interprétation libérale d'une Constitution socialiste: La Haute Cour Constitutionnelle égyptienne et la privatisation du secteur public

2026-07-03T05:15:30+00:00

International audience ; The present article is concerned with the interpretative work of the judge of the Egyptian Supreme Constitutional Court. This judicial institution is taken as witness of a logic of judicial action in an institutional and textual framework and an economic and political context. The textual frame is constituted by the Egyptian Constitution of 1971, amended in 1980, the formulation of which was largely inspired by the principles of Nasserian socialism. As for the institutio[...]

The Person in an Egyptian judicial Context ; The Person in an Egyptian judicial Context: An Ethnomethodological Analysis of Courtroom Proceedings

2026-07-03T05:15:30+00:00

International audience ; In Egyptian law, the notion of the person is formulated in statute law, used in case-law, and practiced in what is called "law in action". It is closely associated with the concept of legal capacity and incapacity. This article concentrates on legal practices related to the person as they emerge from actual legal interactions in judicial contexts. This will lead to propose a praxiological approach to the norm, the law, and the following of a rule. Such praxiological soci[...]

A Liberal Interpretation of a Socialist Constitution: The Egyptian Supreme Constitutional Court and Privatization of the Public Sector

2026-07-03T05:15:29+00:00

International audience

Children on playground

2026-07-03T03:41:28+00:00

Children at School- On basketball court playing a game. Standing in a circle holding hands with one boy in the middle. A sister is watching.

Children on playground

2026-07-03T03:41:28+00:00

Group of children playing outside on the basketball court. They are standing in a circle with one boy in the middle.