FID Recht - 342 - Verfassungs- und Verwaltungsrecht

Vom Aufklären zum Abwehren

2026-09-03T23:45:44+00:00

Keine Software ist keine Alternative

2026-09-03T23:45:44+00:00

Lieber schlecht als recht

2026-09-03T23:45:44+00:00

Die Vermessung des Verdachts

2026-09-03T23:45:44+00:00

Juliane Kokott

2026-09-03T23:45:44+00:00

New Zealand’s Shameful Climate Tort Law – And What Climate Lawyers Can Learn from It

2026-09-03T23:45:44+00:00

Nobody Called Karlsruhe Captured

2026-09-03T23:45:44+00:00

Neues Spiel, neues Glück

2026-09-03T23:45:44+00:00

International Legal Theory and Constructive Thinking

2026-09-03T23:45:44+00:00

Juliane Kokott

2026-09-03T23:45:44+00:00

Von der Revisions- zur Tatsacheninstanz

2026-09-03T23:45:44+00:00

Good-bye, Hobbes?

2026-09-03T23:45:44+00:00

Wahlrecht als der falsche Hebel

2026-09-03T23:45:44+00:00

Pangloss in Brussels

2026-09-03T23:45:44+00:00

Wegducken vor den Fragen des digitalen Zeitalters

2026-09-03T23:45:44+00:00

Die Analyse vergisst nichts

2026-09-03T23:45:44+00:00

Riddled with Exclusivity: The Homogeneity of the Supreme Court Bar in the Roberts Court

2026-09-04T04:44:20+00:00

The Supreme Court Bar-the lawyers who argue before the US Supreme Court-has historically been an elite and exclusive group. This investigation examines the demographic make-up of the Supreme Court Bar in the Roberts Court and compares it to previous iterations of the Supreme Court Bar, as well as the national bar and general United States population. Although the Supreme Court Bar remains exclusive, particularly in educational and career backgrounds, there is a slight movement towards increased [...]

Establishment, Powers and Functions of Supreme Court of Pakistan

2026-09-04T03:04:04+00:00

The important function that Pakistan’s Supreme Court plays in the nation’s legal and judicial system has been examined in this research. It explores the background of the Supreme Court’s founding and outlines the roles and authority that are incorporated in the Constitution. The Court’s jurisdiction over matters of public concern, its ability to interpret and uphold the law, and its relevance in protecting constitutional rights are all covered in this article. This article has also focus on sign[...]

Young children's right to be heard on the quality of their education: addressing potential misunderstandings in the context of early childhood education

2026-09-04T00:02:58+00:00

In early childhood education many researchers and professionals across the world have embraced the United Nations Convention on the Rights of the Child's requirement to include young children in decision-making. In the context of ongoing discussion about young children's capacity to share their views and opinions about matters affecting them, there is often a focus on demonstrating ‘evidence’ that young children can participate in decision-making as capable meaning-makers in their own lives, def[...]

State Constitutional Rights and Judicial Power

2026-09-03T23:50:29+00:00

On the one hand, we are in a moment when interest in state courts and state constitutional law is growing. Especially, though not exclusively, among those who question the Supreme Court of the United States, there are increasing calls for state supreme courts to rely on state constitutions to expand rights. On the other hand, we are in a moment when interest in reducing the power of the courts is growing. Especially, though not exclusively, among those who question the Supreme Court of the Unite[...]

The Constitution Meets the Climate

2026-09-03T23:45:44+00:00

International Law Beyond Sovereignty

2026-09-03T23:45:44+00:00

Unwissen schützt vor Verantwortung nicht

2026-09-03T23:45:44+00:00

Der Staat als digitaler Vasall

2026-09-03T23:45:44+00:00

Die neue DNA des Polizeirechts

2026-09-03T23:45:44+00:00

A Tribute to David Dyzenhaus and The War Against Law

2026-09-03T23:45:44+00:00

Unconstitutional Legislative Inactivity and the Unconstitutional Constitution of the Autonomous Republic of Abkhazia ; არაკონსტიტუციური საკანონმდებლო უმოქმედობა და აფხაზეთის ავტონომიური რესპუბლიკის ანტიკონსტიტუციური კონსტიტუცია

2026-08-28T03:04:19+00:00

One of the problematic issues in the theory of law is the gap in the legislation, which is interpreted as a case when “the issue to be legally considered and resolved is not provided for and regulated in any norm of law. The law of some countries recognizes the concept of unconstitutional legal inaction. According to the Spanish Constitutional Court, unconstitutional legal inaction exists when the constitution instructs the legislator to issue a norm (specific) of the constitution, but the legis[...]

Of Direct Effect, Primacy and Constitutional Identities. Rome and Luxembourg enmeshed in the Taricco Case

2026-08-28T05:04:02+00:00

L'ordinamento giudiziario. Ciclo di seminari (Palermo, marzo-maggio, 2018)

2026-08-28T05:03:57+00:00

The collected contributions constitute the backbone of a series of seminars on the “Judiciary rules”, which took place in the spring of 2018 in the context of the master's degree course in Law of the University of Palermo. The volume aims to offer the trainee lawyer a closer look at a profile not always investigated of the jurisdictional activity: that of the constitution and functioning of the offices of the ordinary judiciary. Even in their unity, the issues addressed can ideally be divided in[...]

Do common constitutional traditions matter in the field of regulated markets?

2026-08-28T05:03:56+00:00

A new tension is spreading throughout Europe: the tension between Common Constitutional Traditions (CCTS) and Constitutional Identity (CI). Recent cases brought before the Court of Justice of the European Union (CJEU), which have gone to the core of European Integration, have revealed this tension. In particular, this tension was highlighted in the “Taricco saga” and in the more recent cases concerning the independence of the judiciary in Poland. The rulings concerning the first group of cases u[...]

L'ordinamento giudiziario: lineamenti introduttivi

2026-08-28T05:03:56+00:00

The Italian Constitution states that the judiciary is an autonomous body and independent of all other branches of power. Article 101.1 of the Constitution states that judges are subject ‘only ’ to the law. In this regard, the High Council of the Judiciary has the responsibility to preserve and ensure the independence and autonomy of judges. Thus, judges are not permitted to join political parties or engage directly in the political life of Italy, as Article 98.3 of the Italian Constitution speci[...]

The Children's '68

2026-08-28T04:08:05+00:00

International audience ; This project analysed 1968 as a watershed moment in children’s culture and its related disciplines, following Marwick’s (1998) now canonical definition of 1968 as the crystallisation of the cultural revolution of the ‘long sixties’ (c.1958-c.1974). We pursued this objective with specialists from cognate fields within childhood studies, including children’s history and media, children’s culture, heritage and art education, and bring them into dialogue with historians of 1[...]

Rekonstruksi Penyelesaian Sengketa Pemilu dan Paradigma Hakim dalam Putusan MK Nomor 2/PHPU.PRES-XXII/2024

2026-08-28T03:36:41+00:00

Disputes over General Election Results (hereinafter abbreviated as PHPU) are dispute resolutions in the Constitutional Court based on the authority regulated in Law Number 7 of 2017 concerning Elections and Law Number 24 of 2003 concerning the Constitutional Court. There are fundamental problems in PHPU Presidential Elections regarding the resolution of violations that are structured, systematic, and massive. This study has conclusions, namely: First, the majority of judges have a fairly moderat[...]

Brexit, Butchery and Boris:Theresa May and Her First Cabinet

2026-08-28T03:14:46+00:00

This note analyses the formation of Theresa May’s first Cabinet. It locates her appointments against the backdrop of the Brexit referendum and compares them to those of other Prime Ministers who took office during the lifetime of a parliament. The scale of May’s reconstruction marks her out as one of the readier ‘butchers’ of Downing Street. It demonstrated her acceptance of the Brexit referendum result, signalled a clear break with Cameron and served to consolidate her power base. It also demon[...]

ᲡᲐᲔᲠᲗᲝ ᲡᲐᲡᲐᲛᲐᲠᲗᲚᲝᲔᲑᲘᲡ ᲛᲘᲔᲠ ᲜᲝᲠᲛᲘᲡ ᲒᲐᲛᲝᲧᲔᲜᲔᲑᲘᲡ ᲞᲠᲐᲥᲢᲘᲙᲘᲡ ᲒᲐᲗᲕᲐᲚᲘᲡᲬᲘᲜᲔᲑᲐ ᲡᲐᲙᲝᲜᲡᲢᲘᲢᲣᲪᲘᲝ ᲓᲐᲕᲘᲡ ᲒᲐᲜᲮᲘᲚᲕᲘᲡᲐᲡ ; CONSIDERATION OF THE ORDINARY COURTS’ PRACTICE OF APPLICATION OF NORMS DURING THE EXAMINATION OF CONSTITUTIONAL DISPUTES

2026-08-28T03:04:19+00:00

When interpreting a normative act, the Constitutional Court must consider not only the textual meaning of a disputed norm but also the authoritative interpretation given to it by the ordinary courts. At the same time, the Constitutional Court does not always share the interpretation adopted by the ordinary courts. Adherence to this standard is crucial for determining the admissibility of a constitutional complaint or submission, since the allegedly unconstitutional content of a norm must clearly[...]

The Role of the Supreme Court in Civil Proceedings in Poland

2026-08-28T03:04:19+00:00

The Supreme Court, present in most legal systems, serves a distinct function. As a court of law than a court of fact, it does not rehear cases in another instance; instead, it reviews appeals such as cassation complaints, actions seeking a declaration of unlawfulness of a final judgement, or other extraordinary appeals. As states have a great deal of freedom in structuring their judicial systems, provided the fundamental right of access to a court is upheld, various limitations in accessing the [...]

ᲛᲔᲬᲐᲠᲛᲔᲝᲑᲘᲡ ᲗᲐᲕᲘᲡᲣᲤᲚᲔᲑᲘᲡ ᲙᲝᲜᲡᲢᲘᲢᲣᲪᲘᲣᲠᲘ ᲞᲠᲘᲜᲪᲘᲞᲘᲡᲐ ᲓᲐ ᲛᲔᲬᲐᲠᲛᲔᲝᲑᲘᲡ ᲮᲔᲚᲨᲔᲬᲧᲝᲑᲘᲡ ᲕᲐᲚᲓᲔᲑᲣᲚᲔᲑᲘᲡ ᲒᲐᲜᲛᲐᲠᲢᲔᲑᲐ ᲠᲔᲝᲠᲒᲐᲜᲘᲖᲐᲪᲘᲘᲡ ᲡᲐᲤᲣᲫᲕᲚᲘᲗ ᲓᲐᲡᲐᲥᲛᲔᲑᲣᲚᲘᲡ ᲒᲐᲗᲐᲕᲘᲡᲣᲤᲚᲔᲑᲘᲡ ᲙᲐᲜᲝᲜᲘᲔᲠᲔᲑᲘᲡ ᲨᲔᲛᲝᲬᲛᲔᲑᲘᲡᲐᲡ ; INTERPRETATION OF THE CONSTITUTIONAL PRINCIPLE OF FREEDOM OF ENTERPRISE AND THE OBLIGATION TO PROMOTE ENTREPRENEURSHIP IN ASSESSING THE LAWFULNESS OF EMPLOYEE DISMISSAL BASED ON REORGANIZATION

2026-08-28T03:04:19+00:00

Ordinary courts frequently invoke constitutional principles when justifying their decisions, including in disputes concerning employee dismissal on the grounds of reorganization. This article employs descriptive, analytical, hermeneutical, and comparative legal methods to critically examine how courts assess the lawfulness of such dismissals within the constitutional framework of freedom of enterprise and the state’s obligation to promote entrepreneurship. It also critiques the prevailing standa[...]

The Rights Revolution. Lawyers, Activists, and Supreme Courts in Comparative Perspective, by Charles R. Epp ; . ; The Rights Revolution. Lawyers, Activists, and Supreme Courts in Comparative Perspective, de Charles R. Epp

2026-08-21T03:33:43+00:00

. ; . ; .

Genuinely constitutive rules

2026-08-21T02:39:02+00:00

In this article I am going to argue that despite the fact that (1) there is nothing specific to the form of constitutive rules and (2) that in some broad sense every rule has a constitutive aspect, there is a substantial difference between what might be called trivially and genuinely constitutive rules, and the difference can be spotted by looking at practices that rules are supposed to constitute, not at these rules.

Court accounts as a source of knowledge about the structure and composition of personnel at the royal court in the late medieval Poland

2026-08-21T02:39:00+00:00

This article presents court accounts as a source for research on the structure of royal court personnel in late medieval Poland. It addresses issues related to the organisation of this state institution and the shape and functioning of the Polish royal court during the reign of Casimir IV Jagiellon (1447–1492) and John Albert (1492–1501). The few surviving account books contain payroll lists for people who served at the court and were part of the court household. The registers of John Albert’s h[...]

Die Abschaffung der Verfassungsbeschwerde

2026-08-21T01:22:29+00:00

Stock M. Die Abschaffung der Verfassungsbeschwerde. Juristische Schulung . 1975;15(7):451-458.

“The ice is melting and i don’t want santa to drown!”: Reflections on childhood, climate action, and futurity

2026-08-21T00:25:35+00:00

This paper’s reading of a specific cultural artifact to emerge from children’s climate activism in contemporary Australia enacts an argument that children themselves can be seen to be redefining childhood and futurity through their climate activism and demonstrates how their placards are evidence of this. It argues that we as critical childhood scholars can follow their lead by uncovering the discourses that underpin their activist slogans. In doing so, we can set about contesting the limiting a[...]

The right to be listened to: Acknowledging the child’s voice in family court processes

2026-08-21T00:25:34+00:00

There has been increasing attention to the importance of children’s contribution in decision-making processes that involve them and their future. One of the significant systems that involve children is the Family Court. The Family Court in Western Australia has the right and responsibility to decide on matters that affect the welfare of any children involved. Within such a context, it would seem relevant that the views of the child are listened to and heard, that is, to participate in decisions [...]

Integrating a child-centred coercive control framework into family law and justice : the Scottish example

2026-08-21T00:21:46+00:00

There is a significant gap between what the evidence shows about the impact of control-based domestic abuse (coercive control) on children and how this harm is recognized in law. Drawing on ongoing reform conversations in Scotland, this article demonstrates how law and policymakers can begin to address this disconnect. Building on our earlier work focused on the criminal law, it provides the first in-depth analysis of how civil legal frameworks can meaningfully validate and reflect children’s li[...]

Justice closer to home : enabling effective access to social justice

2026-08-21T00:21:46+00:00

In December 2023, on the 70th anniversary of the Universal Declaration of Human Rights, Katie Boyle delivered her inaugural lecture on Scotland’s social justice journey to mark her appointment as Professor of International Human Rights Law and Social Justice at the University of Strathclyde. Professor Philip Alston provided a response to the lecture. This article is an updated published version of the lecture. The lecture addresses three key messages. First, that the forthcoming Scottish Human R[...]

HK v PB, EB [2024] EWHC 3486 (Fam)

2026-08-20T23:53:13+00:00

The best interests of the child principle enshrined in the Children Act 1989, as amended, constitutes the court's paramount consideration in all matters concerning the child. Reinforced by international human rights standards, Article 3(1) of the UN Convention on the Rights of the Child, 1989 mandates that the child's best interests shall be a primary consideration in all actions concerning children. Section 1(3) of the Children Act sets a seven-point welfare checklist to guide judicial decision[...]

Czech Court Decisions Corpus (CzCDC 1.0)

2026-08-20T23:47:09+00:00

This is the Czech Court Decisions Corpus (CzCDC 1.0). This corpus contains whole texts of the decisions from three top-tier courts (Supreme, Supreme Administrative and Constitutional court) in Czech republic. Court decisions are published from 1st January 1993 to 30th September 2018. The language of decisions is Czech. Content of decisions is unedited and obtained directly from the competent court. Decisions are in .txt format in three folders divided by courts. Corpus contains three .csv files [...]

The Decline of Legal Classicism and the Evolution of New Deal Constitutionalism, 89 Notre Dame L. Rev. 2051 (2014)

2026-08-14T03:19:43+00:00

This Article explores how some of the salient characteristics of classical legal thought influenced the evolution of the Supreme Court's constitutional jurisprudence during the New Deal era. It focuses upon the Court's jurisprudence of economic liberty in the context of substantive due process. Though a similar pattern of evolution occurred in the Court's Commerce Clause jurisprudence, examination of this area of constitutional development is beyond the scope of this Article. Part I provides an [...]

The First Thing We Do, 47 J. Marshall L. Rev. 1275 (2014)

2026-08-14T03:19:43+00:00

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer [...]

The U.N. Convention on the Rights of the Child

2026-08-14T03:19:43+00:00

This comprehensive text goes beyond the usual debate surrounding children's rights and the Convention on the Rights of the Child. It provides a detailed analysis of how U.S. ratification of the Convention would impact American law. The chapters are written by leading advocates and scholars in the field, aimed at a general audience. The authors emphasize that it is crucial for all Americans to be informed about the Convention and the broader topic of children's rights. By increasing awareness of [...]

Are Two Clauses Really Better Than One? Rethinking the Religion Clause(s), 80 U. Pitt. L. Rev. 1 (2018)

2026-08-14T03:19:43+00:00

The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a [...]

The Color of Perspective: Affirmative Action and the Constitutional Rhetoric of White Innocence, 11 Mich. J. Race & L. 477 (2006)

2026-08-14T03:19:43+00:00

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspect[...]

The F Word - An Early Empirical Study of Trademark Registration of Scandalous and Immoral Marks in the Aftermath of the In re Brunetti Decision, 18 J. Marshall Rev. Intell. Prop. L. 404 (2019)

2026-08-14T03:19:43+00:00

This article seeks to create an early empirical benchmark on registrations of marks that would have failed registration as “scandalous” or “immoral” under Lanham Act Section 2(a) before the Court of Appeals for the Federal Circuit’s In re Brunetti decision of December 2017 and to briefly examine the possible outcome of the Supreme Court’s grant of certiorari on that case. The Brunetti decision followed closely behind the Supreme Court’s Matal v. Tam and put an end to examiners denying registrati[...]

Can a State Attorney General Intervene in a Case to Defend a State Anti-Abortion Law after an Appellate Panel Struck the Law, When a Different Attorney General Previously Voluntarily Withdrew from the Case, Renounced Authority to Enforce the Law, and Agreed to Abide by the Court's Ruling?

2026-08-14T03:19:43+00:00

The legal culture in Poland before the foundation of the Academy of Cracow ; Kultura prawna w Polsce przed założeniem Akademii Krakowskiej

2026-08-14T03:15:48+00:00

Culture is a very complex reality of human existence, which is comprehended in its different aspects. By the object of culture they are all products of human activity, events, behaviors ordered in certain examples present in societies in the form of rules of conduct which are determined by customs, morality and legal regulations. The acceptance of Baptism by Mieszko I of Poland in 966 was the turning point in the Polish history. The country of the first Polish Piast was rooted in the culture of [...]

Enforcement of the judgment of the administrative court declaring an act of local law invalid ; Wykonanie orzeczenia sądu administracyjnego stwierdzającego nieważność aktu prawa miejscowego

2026-08-14T03:15:48+00:00

The constitutional right to the court is the right to effective legal protection. It may be exercised if the law provides for the legal measures to ensure enforceability of the judgments. Local law enacted by the local government authority constitutes the source of universally binding law. Polish administrative courts exercise the control over hierarchical compatibility of a local legal act with the higher-order acts. This control is of comprehensive character, as the administrative court is not[...]

Reliability and quality of law, and the ancient-Roman and contemporary law-making factors in Poland ; Pewność i jakość prawa a starorzymskie i współczesne czynniki prawotwórcze w Polsce

2026-08-14T03:15:48+00:00

This publication analyzes three legislative factors functioning in Roman law, i.e., the activity of a praetor – creating law through appropriate handling of processing means and sanctions, jurisprudence – whose opinions by ius publice respondendi, had the force of law in force, and the emperor – who, as the supreme judge, issued decrees which were binding interpretations of the law as well as rescripts, which were replies to individual inquiries of citizens on legal matters. The aim of this anal[...]

Regulating Prosecutorial Independence and Impartiality in The Indonesian Criminal Justice System

2026-08-12T13:57:54+00:00

This article examines prosecutorial independence in Indonesia by analyzing three key aspects: the status of prosecutors as civil servants, the constitutional position of the Prosecution Service, and the role of prosecutors in the criminal justice system. It applies an interdisciplinary legal research method by reviewing laws, regulations, and relevant theories. Understanding these aspects helps assess whether the current legal framework adequately protects prosecutors from external influence and[...]

The Role of the Public Prosecutor in settlement of Child Cases Through Diversion at the Purwokerto District Attorney

2026-08-12T13:57:54+00:00

Wherever possible, the child is avoided from examination in court. As long as it fulfills the conditions specified, juvenile criminal cases must be resolved through Diversion. The Indonesian Child Protection Commission states that there are 7000 cases of children facing court proceedings every year. This study aims to determine the role of the public prosecutor in resolving child cases through Diversion and the obstacles to implementing Diversion at the Purwokerto District Attorney. The method u[...]

R v Christian (No 2) [2005] PNSC 1; [2005] LRC 745 (24 May 2005)

2026-08-07T03:46:19+00:00

"Supreme Court Blackie CJ, Johnson and Lovell-Smith JJ 18-22, 26-27 April, 24 May 2005" As posted on the Pacific Islands Legal Information Institute (PacLII) website.