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This contribution explores the use of comparative law by the legislature and the courts in creating, reforming and interpreting national law. This practical use of comparative law by national institutions has increased considerably over the last few decades. Particularly in Europe, comparative reasoning seems to play an ever larger role in drafting statutes and deciding cases. Still, in legal systems that have been mainly national in outlook and character over the last two centuries, many aspects of this recourse to foreign law are far from clear. One of the key questions is the extent to which it is legitimate for a court to refer to foreign law in a purely domestic dispute. While in Europe the drawing of comparative inspiration in such cases is usually met with enthusiasm, this is different in the United States, where it is keenly debated whether such comparative reasoning is allowed, particularly in constitutional cases. In this chapter, the scholarly state of affairs regarding the influence of comparative law in national systems is critically assessed. In so doing, emphasis is put on private law and constitutional law, as these are the two areas where comparative inspiration is discussed most vigorously.

AbstractThe UK Supreme Court's decision inBelhaj v Strawdefined foreign affairs non-justiciability and unearthed its constitutional foundations. However, two decisions sinceBelhaj—High Commissioner for Pakistan v Prince Muffakham JahandThe Law Debenture Trust Corpn plc v Ukraine—have calledBelhajinto doubt, narrowing non-justiciability to give effect to ordinary private law rights. This article analyses these decisions and argues that their general approach of subjecting issues involving transactions between sovereign States to private international law's framework is desirable, because the constitutional foundations of non-justiciability identified inBelhajare shaky. Yet, it is suggested that private international law itself may require courts to exercise judicial restraint on these issues, given its goal of upholding the efficient resolution of international disputes in appropriate fora.

Abstract
In the last five years (2014– 2018) judgements of the German Federal Administrative Court (Bundesverwaltungsgericht) have significantly influenced the German planning law (Baugesetzbuch). This article provides a representative overview of these decisions. It also explains their influence on the German planning law with a particular emphasis on the law of urban landuse planning (Bauleitplanung) and building consents (Baugenehmigung). The article also takes into account some decisions of the German Federal Constitutional Court (Bundesverfassungsgericht) as well as the German Federal Court of Justice (Bundesgerichtshof). Both courts have adjudicated on compensation for expropriation. Furthermore, the German Federal Constitutional Court has given advice on the preservation of deficient plans whereas the German Federal Court of Justice also delivered judgements on urbanistic contracts.

[The federal Government is proposing to bring about a single national scheme for the regulation of industrial relations in Australia. This will raise a number of important constitutional questions that may need to be resolved by the High Court. These questions as examined in this article are: could a single national law for the regulation of industrial relations be passed under a head of Commonwealth power (in particular, under the Commonwealth's powers over corporations, interstate trade and commerce or external affairs); even such a law could so be enacted, would it nevertheless be struck down due to an express or implied constitutional limitation; and to what extent could the law override the State laws that already govern much of the field?]

Shari'a and constitutional reform in Indonesia -- Contents -- List of Tables -- Acknowledgements -- 1. Introduction -- 2. Shari'a and Constitutionalism -- 3. Indonesia, Shari'a and the Constitution: An Overview -- 4. Human Rights Provisions -- 5. Rule of Law -- 6. Article 29 on Religion -- 7. Conclusion -- Bibliography -- Index -- About the Author.

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 ...

В статье рассматриваются два подхода к понятию «организационно-правовая форма осуществления конституционного правосудия», предлагается определение понятия с точки зрения характеристики властной деятельности государства, выражающейся в судебном конституционном контроле, и с позиции внутренней организации и функционирования органа конституционного контроля. Автором делается вывод о необходимости использования понятия применительно к органам конституционного контроля при проведении сравнительно-конституционных исследований. ; The concept of organizational legal form in administration of constitutional justice includes: firstly, the mechanism of judicial constitutional control as one of the forms of state authorities' activities aimed at the safeguard of the Constitution; secondly, the organizational and functional formation of a specialized body of constitutional control by national legislation. In the first case the application of the concept is connected with the theory of a law-abiding state where the principle of separation of powers and the system of checks and balances imply the obligatory specialized constitutional control as part of total control by the state. This is a special function of the state (to conduct a judicial constitutional control) which shall be realized by organizing the system of state bodies and establishing the authority by law of some state bodies which were defined by law to exercise constitutional control in a formalized court procedure by legal means. The above concept is used to understand the inner organization and legal foundations of activity and represents the set of: a) procedural norms which establish the sequence of actions in relation to the category of constitutional cases to be heard; b) organizational forms of the court work: plenary court sessions or panel sittings of judges (chambers, senates, sections, etc.) and structural subdivisions (supportive bodies) of courts involved in administration of justice. In this sense the application of the concept is connected with practical realization of the ideas of constitutionalism in national state legal structure of society and it is used much rarely. The comparison of national bodies representing different models of constitutional control usually results in the conclusion about conformity of the type of specialized constitutional control with the mode of conducting of constitutional control in a particular country and correlation of organizational legal form of constitutional justice in the country with the earlier known model of constitutional control. The convergence of main systems (models) of specialized constitutional control can be explained by objective integration processes in legal systems. Some procedures and types of control, being characteristics of constitutional justice, "penetrate" into the specialized bodies of non-judicial (quasi-judicial) character and the procedural differences between the bodies of specialized judicial and quasi-judicial control seem to be less visible. That is why the concept of organizational legal form of exercising constitutional control can be applied not only to the bodies of constitutional justice. In each case the concept of the organizational legal form of exercising constitutional justice expresses the essence of the same legal phenomenon i.e. the organization of judicial constitutional control. The second "reading" of the concept is understood as the concretization of the first one and indicates a special manifestation of the general. The unified concept needs to be considered from various aspects and its application by the bodies of constitutional control is necessary for comparative constitutional research.

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.

Исследованы источники дискреционных полномочий судей в российском праве. Анализ законодательства позволил выявить и классифицировать нормы закона, предоставляющие судьям дискреционные полномочия, а также определить их роль в правоприменительной деятельности судей. Рассмотрены дискреционные полномочия судей с точки зрения соблюдения конституционных прав граждан. ; This article examines the sources of judicial discretion under Russian law. Based on a legislation analysis, the author identifies and classifies legal rules granting judges discretionary powers and defines the role of such rules in the administration of law by judges. The discretionary power of judges is considered in terms of compliance with the constitutional rights of citizens.

Hegel's vocabulary -- Hegel's problematic -- Hegel's logic of freedom -- Legal reasoning -- Property, contract and crime -- Legal formalism -- The ethicality of an ethos -- The shapes of the family law -- The laws of civil society -- Constitutional shapes and the organic constitution -- Shapes of international law

Lucy Williams (Brigham Young University - J. Reuben Clark Law School) has posted American Exceptionalism as/in Constitutional Interpretation (57 Georgia Law Review 1071 (2023)) on SSRN. Here is the abstract: American exceptionalism—the idea that America is superior, chosen, and tasked...

Pok Yin Stephenson Chow (School of Law and Justice, University of Newcastle) has posted The Change in Judicial Practice in Cases Concerning Civil Disobedience and its Constitutional Significance (86(4) The Modern Law Review 927-950 (2023)) on SSRN. Here is the...