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Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. Using this framework, the dissertation undertakes historical-interpretive case studies involving two puzzles. First, why the Federal Shariat Court declared the (largely symbolic) punishment of stoning for unlawful sex as un-Islamic in 1981, and why the Court reversed its ruling upon review in 1982. Second, why the Federal Shariat Court declared interest in banking, finance, and fiscal laws as un-Islamic in 1991, and why the Supreme Court upheld the ruling in 1999 but then overturned its ruling and remanded the case back to the Federal Shariat Court in 2002. The project shows how competing approaches to shariʿa interact with the evolving judicial politics and regime politics in authoritarian and democratic periods. While the institutional structure of constitutional courts gives the ruling regime considerable control over the direction of shariʿa review, ruling regimes often depend on religio-political forces for legitimacy. When the regime draws upon conservative religio-political movements, representatives of such movements are appointed to courts and allowed to assert traditional doctrines of shariʿa. But when the regime draws its legitimacy from a broader group of religio-political and intellectual forces, a more diverse set of judges is appointed and enabled to rethink the tradition. The study questions approaches that consider shariʿa review in post-colonial states either as a liberal or as a conservative phenomenon. In contrast, the project shows how courts are agents of the political regime and judicial outcomes are products of authoritarian and democratic political processes. The dissertation also invites scholars of shariʿa review in Arab constitutional courts to study courts as political institutions and judges as political actors.

Frontmatter -- Contents -- Foreword / Sharpe, Robert J . / Stokes, Mary -- Acknowledgments -- PART ONE Introduction -- 1. Introduction -- 2. Roots: Indigenous Legal Traditions -- 3. Roots: French Legal Traditions -- 4. Roots: British Legal Traditions -- PART TWO: European Chartered Enterprise, New France, and the Encounter with Indigenous Law, 1500–1701 -- 5. Early Contacts, Early Charters -- 6. Law and Governance in the French Possessions: Public Law and the Growth of Institutions -- 7. Law and Governance in the English Possessions -- 8. The Interface of European and Indigenous Law -- 9. French Private Law -- 10. The Early Modern Legacy -- PART THREE: The Long Eighteenth Century, 1701–1815 -- 11. Constitutional Law in the Long Eighteenth Century -- 12. New France/Quebec/Lower Canada: Political Institutions, Courts, and Relations with Indigenous Peoples -- 13. The British Colonies of Settlement: Political Institutions, Courts, and Relations with Indigenous Peoples -- 14. The British Commercial Territories: Newfoundland and Rupert's Land -- 15. The Legal Professions -- 16. Criminal Law and Criminal Justice -- 17. Indigenous Law -- 18. Private Law: The Civil Law -- 19. Private Law: The Common Law -- 20. The Early Modern Legacy -- PART FOUR: British North America, 1815–1860s -- 21. Law in British North America, 1815–1866: Introduction -- 22. Court Systems and Judicial Personnel -- 23. Sources of Law and Law Reform -- 24. Indigenous Law in British North America -- 25. The Legal Professions -- 26. Constitutional Developments I: European-Indigenous Relations, the Old Colonial System, and the Rebellions, 1815–ca 1839 -- 27. Constitutional Developments II: The Act of Union, Responsible Government, and the Origins of Acculturation Policy, ca 1840–1866 -- 28. Criminal Justice I: Criminal Law, Punishment, and Policing -- 29. Criminal Justice II: The Criminal Trial -- 30. Land Law and Policy: Titles, Tenure, Squatters, Indigenous Dispossession, and the Rights and Obligations of Ownership -- 31. Law and the Economy I: Common Law, Statutes, and the Emergence of the Corporation -- 32. Law and the Economy II: Debtor-Creditor Law -- 33. Less Favoured by Law I: Blacks and Workers -- 34. Less Favoured by Law II: Women and the Law -- 35. Law and Legal Institutions on the Eve of Confederation: The British North American Legacy -- Abbreviations -- Notes -- Illustration Credits -- Statutory and Proclamation Index -- Name Index -- Topical Index

Economic Constitution is an "old-new" category of Constitutional Law, old in European dogmatics and new in our "constitutional dogmatics"; since the wrong category of "Economic Public Order" is frequently used, disciplinary taken from Economic Law. The Economic Constitution (EC) is an old category used by Beckerath in 1933 in a tribute to W. Sombart, in the context of the Weimat Economic Constitution, which reflects a "liberal-socialist" ideology, that is, a set of rules fundamental laws that enshrine values and principles that must govern the economic activity of the State and private companies (formal sense); fundamental legal norms that account for a closed or open constitutional ideology linked to the dominant economic system (material sense). The foregoing means building the category of Economic Constitution on the denial of the "ideological neutrality" of the State Constitution, and therefore the search in German dogmatics for categories of "security" or guarantees against progressive or revolutionary ideologies as occurs with the categories of "institutional guarantee" and "institute guarantees". In short, the premise -ideological for the rest- is that the liberal guarantee content of the Constitution of the Rule of Law has a political and economic significance. ; Constitución Económica es una categoría "vieja-nueva" del Derecho Constitucional, vieja en la dogmática europea y nueva en nuestra «dogmática constitucional»; ya que se usa con frecuencia la equivoca categoría de «Orden Público Económico», tomada disciplinariamente del Derecho Económico. La Constitución Económica (C.E.) es una categoría vieja utilizada por Beckerath en 1933 en un homenaje a W. Sombart, en el contexto de la Constitución Económica de Weimat, que plasma una ideología "liberal-socialista", es decir, un conjunto de normas iusfundamentales que consagran valores y principios que han de regir la actividad económica del Estado y de privados (sentido formal); normas iusfundamentales que dan cuenta de una ideología constitucional cerrada o ...

"Public law is amongst the most fast-moving, contentious, and exciting areas of law to study. The past few years has been a period of unprecedented constitutional and political change. Although the UK has now left the European Union (EU), there is continuing debate over aspects of the post Brexit relationship with the EU, over devolution, and over possible repeal of the Human Rights Act 1998. There is much written on public law and an ever-growing range of key texts for university courses on the subject, including on constitutional and administrative law, as it is often referred to: the big textbooks, shorter works, and a number of 'text, cases, and materials' books. For us, it is this latter type which provides an ideal medium for an account of the legal aspects of the United Kingdom constitution. There are three main reasons. First, it gives students a chance to read at first hand the analysis and arguments of academics and participants in the constitution, most aspects of which are contested: the extracts convey the debates and disagreements most effectively. In selecting the materials for use in this book and adding our commentaries we have attempted to focus on subjects that are in the mainstream of the majority of public law or constitutional and administrative law courses in the United Kingdom. We have focused on legal aspects of the constitution, not least because most users of the book will be studying public law as a core area of their undergraduate law studies, but we hope that non-lawyers will also find the book of value"--

Preface -- Contents -- Editors and Contributors -- 1 Egypt -- Abstract -- 1.1 Introduction -- 1.2 General Legal Framework -- 1.3 Egyptian Legislation on Guardianship and Child Custody -- 1.3.1 Guardianship -- 1.3.1.1 End of Wilāya: Loss and Revocation of Guardianship -- 1.3.2 Child Custody -- 1.3.2.1 Loss, Revocation and Extension of Custody -- 1.3.2.2 The Custodial Child's Domicile -- 1.3.3 Visitation Rights -- 1.3.4 Some Special Applications: Children Born Out of Wedlock and Kafāla -- 1.4 Notable Legislative Developments -- 1.5 The Role of the Judiciary in Interpreting and Enforcing the 'Best Interests of the Child' Principle -- 1.5.1 The Jurisprudence of the Court of Cassation -- 1.5.2 The Jurisprudence of the Supreme Constitutional Court -- 1.6 Conclusion -- References -- 2 India -- Abstract -- 2.1 Introduction -- 2.1.1 Historical Setting: Muslim Personal Law Within the Indian Legal Order -- 2.1.1.1 The Circumscribed Applicability of Islamic Law to Family Matters: The Invention of Muslim Personal Law -- 2.1.1.2 The Sources of Muslim Personal Law -- 2.1.2 Internal Conflict of Laws Between Muslim Personal Law and Indian Legislative and Constitutional Provisions in Relation to BIC -- 2.1.2.1 Legislative Exceptions in Relation to Muslim Personal Law -- 2.1.2.2 Constitutional Exceptions in Relation to Muslim Personal Law -- 2.2 Guardianship and Custody Under Muslim Personal Law and the Guardians and Wards Act 1890 -- 2.2.1 Powers of the Guardian in Relation to the Marriage of a Minor -- 2.2.2 Powers of the Guardian in Relation to the Property and Person of the Minor -- 2.2.2.1 Characterisation of the 'Natural'de jure Guardian vis-à-vis the de facto Guardian -- 2.2.2.2 The Exclusive Powers of the 'Natural'de jure Guardian under MPL vis-à-vis the de facto Guardian in Relation to Property

El derecho administrativo colombiano esta impregnado con un fuerte barniz de jurisdiccion rogada, si bien de suma importncia en el desaerollo de muchos temas, presenta grandes contradicciones en el derecho laboral administrativo desde el derecho constitucional colombiano. Veeremos las fuentes historicas interpretativas en la que se ha desarrollado la dialectica que se presenta entre el estado constitucional de derecho y la justicia rogada en el derecho laboral administrativo colombiano, y como el debate entre paradigmas hermeneuticos como el Positivismo y Jusnaturalismo han sido la fuente fundamental de las apreciaciones jurídicas el marco de la jurisdicción rogada. Asi mismo La influencia de las nuevas concepciones del derecho administrativo desde una óptica constitucional de la mano de principios como el iura novit curia ofrecen acercamientos hacia una justicia material efectiva en el derecho laboral administrativo. (texto tomado de la fuente) ; Colombian Administrative law is permeated with strong varnish entreaty jurisdiction, and although of great importance in the development of many topics, this presents great contradictions between the administrative labor law from the Colombian constitutional law. We shall see interpretive historical sources which developed the dialect that occurs between the constitutional rule of law and justice entreaty in Colombian administrative labor law, and as the debate between hermeneutic paradigms, such as positivism and natural law, were the primary source of legal appreciations under the jurisdiction entreaty. Likewise the influence of new conceptions of law from an administrative constitutional perspective, including main such as hand iura curia novit, offer approaches towards effective material justice in administrative labor law. ; Maestría ; Derecho administrativo

The author in this article the analyzes the role of Constitutional Court of the Republic of Lithuania judging cases about state officers impeachment. The author is concentrated on impeachment institute that is established in Constitution of the Republic of Lithuania. It's analyzed in two cuts. First of all the author is interested in interaction problems between law and politics in impeachment process. Secondly, Constitutional Court being a part of impeachment process has to judge actual facts. So we meet relationship between fact and law in this type of constitutional justice cases. By 74 th article of Constitution for gross violation of the Constitution, breach of oath, or upon the disclosure of the commitment of felony, the Seimas may, by three fifths majority vote of all the Seimas members, remove from office the President of the Republic, the Chairman and judges of the Constitutional Court, the Chairman and judges of the Court of Appeals, as well Seimas members, or may revote their mandate of Seimas member. Such an action shall be carried out in accordance with impeachment proceedings that shall be established by the Statute of the Seimas. In 105 th article 2 nd part 5 th mark of the Constitution is established that the Constitutional Court shall present conclusions concerning the compliance with the Constitution of concrete action of Seimas members or other State officers against whom impeachment proceedings have been instituted. So in impeachment process participates political institution – Seimas and judicial institution – Constitutional Court. Jurisprudence of the Constitutional Court demonstrates that Court explaining Constitutional articles regarding impeachment tires to strengthen legal impeachment aspect. Constitutional Court has marked that only Constitutional Court shall present conclusion concerning the compliance with Constitution of concrete actions of higher State officers against whom impeachment proceedings have been instituted.

The author in this article the analyzes the role of Constitutional Court of the Republic of Lithuania judging cases about state officers impeachment. The author is concentrated on impeachment institute that is established in Constitution of the Republic of Lithuania. It's analyzed in two cuts. First of all the author is interested in interaction problems between law and politics in impeachment process. Secondly, Constitutional Court being a part of impeachment process has to judge actual facts. So we meet relationship between fact and law in this type of constitutional justice cases. By 74 th article of Constitution for gross violation of the Constitution, breach of oath, or upon the disclosure of the commitment of felony, the Seimas may, by three fifths majority vote of all the Seimas members, remove from office the President of the Republic, the Chairman and judges of the Constitutional Court, the Chairman and judges of the Court of Appeals, as well Seimas members, or may revote their mandate of Seimas member. Such an action shall be carried out in accordance with impeachment proceedings that shall be established by the Statute of the Seimas. In 105 th article 2 nd part 5 th mark of the Constitution is established that the Constitutional Court shall present conclusions concerning the compliance with the Constitution of concrete action of Seimas members or other State officers against whom impeachment proceedings have been instituted. So in impeachment process participates political institution – Seimas and judicial institution – Constitutional Court. Jurisprudence of the Constitutional Court demonstrates that Court explaining Constitutional articles regarding impeachment tires to strengthen legal impeachment aspect. Constitutional Court has marked that only Constitutional Court shall present conclusion concerning the compliance with Constitution of concrete actions of higher State officers against whom impeachment proceedings have been instituted.

This book aims to extend the current research and debate in constitutional economics by using a positive economics approach. Born out of discontent with the current state in constitutional economics, this book presents an inquiry in the possibilities of a positive constitutional economics, and how societies choose their constitutional rules. Drawing on economics, the book examines the emergence of constitutions and how and why they change over time. The author proposes that model constitutions are based on, and backed by institutions which have developed spontaneously. He presents some predictions on the scope of constitutional change under various constitutional settings and factors which cause constitutional change. Stefan Voigt concludes that constitutional change is reconceptualized as the outcome of a bargaining game, in which changes reflect the altered bargaining power of the actors. This book will be welcomed by academics working in the fields of political economy, law and economics as well as those from the public choice and new institutional schools of thought

In order to preserve and uphold the honor, dignity, and the behavior of the judge is required to supervise the attitude constitutional judge to fit the code of ethics, so that each judge's ruling will be implemented in order to enforce the law and justice based on Pancasila and the Constitution 1945 as a permanent legal political for supervision of the constitutional judges. Whereas legal politics incidental that becomes choice among others: a) Behavior of Constitutional Judges are overseen by the Board of Ethics established by the Constitutional Court, and for the reported judges or suspected violations of ethic codes of Constitutional Judges formed by Honorary Council of the Constitutional Judges whose creation was proposed by Ethics Council, with the task of implementing and serves as ethic judicial; and b) there is no judicial supervision against Constitutional Court's decision as well as supervision of a court decision which was in the Supreme Court through the mechanism of legal remedies (ordinary and extraordinary). Keywords: Supervision, Behavior, Constitutional Judges

Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.

Recent examples of constitutional amendments in Iceland and Ireland and the current debates in Scotland and Catalonia regarding referendums on regional autonomy have stimulated a renewal in academic research on the involvement of the people in constitution making and constitutional amendment including the question - raised recently in Switzerland – how to avoid that referendums bring about unlawful restrictions to fundamental rights. This raises a more general question of how to reconcile the basic principles of (direct) democracy, the rule of law and fundamental rights. Such questions are also relevant for the legal situation in Luxembourg marked by the ongoing procedure of constitutional restatement, which was initiated in April 2009. The government decided indeed to submit several questions to a consultative referendum in 2015 before pursuing the parliamentary procedure and come to a final, decisive, referendum on the amendment proposal in 2016. This develop is part of a broader tendency to introduce, in Luxembourg and elsewhere, elements of direct democracy such as referendums, citizens' initiatives and online petitions into political systems organized as representative democracies. The roundtable aims to identify and discuss the main procedural, legal and theoretical problems raised in general by popular consent in the field of constitutional change.