Political question
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The Court of Justice of the European Union in the Twenty-First Century Open
I INTRODUCTION Where a court stands depends on where that court sits. External context generally shapes the law and politics of judicial institutions. For any court, key contextual factors may include, for instance, political actors and in…
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The limits of live fact-checking: Epistemological consequences of introducing a breaking news logic to political fact-checking Open
This article analyses the novel form of live political fact-checking, as performed by the Norwegian fact-checking organisation Faktisk.no during the Norwegian parliamentary election campaign in 2021. The aim of the study was to investigate…
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In Search of the Political Question Doctrine in EU Law Open
There are situations in EU law where questions posed to the Court of Justice of the European Union can be considered political questions. Parties before the Court have made a number of attempts to claim that for such political questions, t…
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Climate Action as Positive Human Rights Obligation: The Appeals Judgment in Urgenda v the Netherlands Open
On 9 October 2018, The Hague Court of Appeal confirmed the first instance judgement rendered in the world-famous Urgenda case: the Dutch State commits a tort by setting a goal for greenhouse gas emissions reduction of only 20% by the end o…
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A Politics-Reinforcing Political Question Doctrine Open
The modern political question doctrine has long been criticized for shielding the political branches from proper judicial scrutiny and allowing the courts to abdicate their responsibilities. Critics of the doctrine thus cheered when the Su…
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Litigating Federalism: An Empirical Analysis of Decisions of the Belgian Constitutional Court Open
Belgian Constitutional Court – Conflicts between regions, communities and the central government – Allocation of competences – Decisions with high political content – Degree of political alignment between the parties in litigation and judi…
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Administrative Law's Political Dynamics Open
Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. T…
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The Political Context of Judicial Review in Indonesia Open
Indonesia Constitutional Court will celebrate 12th birthday this August 2015, and it cannot be denied that the Court play significant role in securing democracy in Indonesia. In exercising their authorities, including the election result d…
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The Italian Constitutional Court in its Context: A Narrative Open
Italian Constitutional Court, development of re-centralised case law against the displacement of national constitutional courts – Italian Constitutional Court challenges the Simmenthal doctrine – Double preliminary questions – The Italian …
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PUTUSAN MAHKAMAH KONSTITUSI BERSIFAT FINAL DAN MENGIKAT (BINDING) Open
The Constitutional Court has the authority to judge at the first and last levels whose decisions are final and binding. The Constitutional Court decision which is final and binding, contains 4 (four) legal meanings, namely: First, in order…
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Does the Constitutional Court on Local Election Responsive Decisions ? Open
The dynamism of the implementation of general elections in Indonesia is directly related to the legal products that regulate them. In this case, legal politics that continue to change legal products can further complicate the systems, mech…
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Refleksi Fenomena Judicialization of Politics pada Politik Hukum Pembentukan Mahkamah Konstitusi dan Putusan Mahkamah Konstitusi Open
This paper aims to introduce the phenomenon of judicialization of politics in the treasury of legal thought in Indonesia. In addition, this paper also aims to reflect the presence of judicialization of politics in the Constitutional Court,…
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Memurnikan Mahkamah Konstitusi Open
This study will focus discuss to changes in the authority of the constitutional court in indonesia. That since given authority decide a dispute the outcome of an election both at the central and local the constitutional court as if stuck t…
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THE POLITICAL UNCONSCIOUS OF THE ENGLISH FOREIGN ACT OF STATE AND NON-JUSTICIABILITY DOCTRINE(S) Open
This article reviews the history and politics of the English foreign act of State and non-justiciability doctrines in light of recent judgments in Belhaj and Rahmatullah. It argues that the doctrines have a political unconscious—a term bor…
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KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945 Open
The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last l…
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INTERPRETASI MAHKAMAH KONSTITUSI TERHADAP PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG Open
The Constitutional Court of the Republic of Indonesia has 4 (four) authorities and one obligation, as for those authorities, namely: (1) The Constitutional Court has the authority to adjudicate at the first and last level whose decisions a…
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Miller, Structural Constitutional Review and the Limits of Prerogative Power Open
The Supreme Court in Miller upheld the Divisional Court, and decided that the government could not trigger Article 50 TEU to begin withdrawing from the EU without statutory authorization from Parliament. The result was widely predicted, wi…
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Kedudukan Mahkamah Konstitusi Dalam Sistem Hukum Ketatanegaraan Indonesia Open
In the Indonesian constitutional law system, it is known as the Constitutional Court, which is a high state institution which is the holder of judicial power together with the Supreme Court. It can be said there are two actors of judicial …
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The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws Open
The debate about the authority of the Supreme Court to examine the Statutes and bylaws of Political Parties against the Law has become a problem in the practice of law in Indonesia. This study aims to analyze the nature of the Supreme Cour…
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Political Influence on the Constitutional Court in the Republic of Macedonia: Reflections through the Dissenting Opinions in the Period of 2012-2015 Open
The demo Christian political party VMRO-DPMNE had a long period of ruling of the Republic of Macedonia, (2006-2016). During that period many cases of political pressure on the state institutions have occurred. The Constitutional Court wasn…
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Administrative procedural and litigation aspects of the review of governmental actions Open
The main aim of this paper is to investigate the administrative procedural and litigation aspects of judicial review of governmental actions under the scope of the political question doctrine in Hungary. Governmental actions, due to their …
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Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court Open
The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in t…
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Judicialization of politics in Indonesia’s electoral system Case study: judicial review on threshold, balloting structure, and simultaneous election at constitutional court Open
Why does the judicial review process highly influence the electoral system design in Indonesia at the Constitutional Court? Whose interests and what kind of interests are served by the judicial review process at the Constitutional Court to…
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Right to Political Struggle Open
The ongoing integration of four new regions admitted into the Russian Federation in 2022 resulted in a political and legal separation from foreign influence. As a result, the role of political parties as participants in the political proce…
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Rethinking Political Power in Judicial Review Open
For decades, scholars have argued that the proper judicial response when democratically enacted laws burden politically powerless minority groups is more aggressive judicial review. This political process approach, however, has fallen on d…
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The Political Question Doctrines: Zivotofsky v. Clinton and Getting beyond the Textual–Prudential Paradigm Open
Since the Supreme Court’s opinion in Baker v. Carr, the political question doctrine has been viewed as consisting of textual and prudential factors. How these interrelate, and which type of factors to favor if these clash, has led to consi…
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SHOULD THE EUROPEAN COURT OF JUSTICE DEVELOP A POLITICAL QUESTION DOCTRINE? Open
This paper comparatively investigates the role of the so-called political question doctrine in contemporary adjudication. Equally hailed and criticized, the doctrine is an indirect discussion on the perennial question of the border between…
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Daniels v Canada: Supreme Court Ends 150 Years of Political Football Open
On October 8, 2015, after more than 14 years of litigation, the Supreme Court of Canada heard arguments in the Daniels case, which centers around the fundamental question of whether the term “Indians” as used in section 91(24) of the Const…
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A Critical Analysis of the Case of Prorogations Open
R (Miller) v Prime Minister is a landmark case about the scope of prerogative power and judicial review in common law systems.
In this article, I critically analyze the seminal decision of the UK Supreme Court in what will no doubt com…
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The Constitutional Court in light of interpretive decisions in normative control proceedings Open
In a legal system based on the principle of the separation of powers, constitutional judicature is necessarily (given the nature of its social function) at the intersection of law and politics. Thus, constitutional judiciary is required to…