Suchergebnisse

Analysis of the role of courts in shaping access to justice in Indonesia has emphasised the role of judges and the incentives created for them by courts' institutional design. Alternatively, it has focused on individual justice-seekers and their capacities to choose between alternative pathways through the legal repertoire. In this paper, we suggest that 'support structures for legal mobilisation' (SSLMs) have also played an important role in shaping access to justice by influencing both the potential for legal mobilisation and the type of justice sought. In making this argument, we focus on a recent Constitutional Court case on 'international standard schools'. In this case, a group of parents were able to mobilise for legal action only because NGOs provided the required technical expertise and financial resources while the central involvement of an anti-corruption NGO in the SSLM shifted the focus from parents' concerns about discrimination to corruption.

The article deals with the issue of the distribution of legislative competences between the State and the Regions after the reform of Title V of the Italian Constitution (1999-2001). After setting out the novelties introduced by the reform and, in particular, the contents of the "new" Section 117 of the Constitution, the Author focuses both on the contribution of constitutional case-law to the correct definition of state and regional competence areas and on the decision-making techniques implemented. The case-law examination highlights the constant tension between the autonomist and the unitary claims and the need to promote dialogue and cooperation between the State and the Regions to overcome the current conflict, hence ensuring the good functioning of the Italian regional system.

The article deals with the issue of the distribution of legislative competences between the State and the Regions after the reform of Title V of the Italian Constitution (1999-2001). After setting out the novelties introduced by the reform and, in particular, the contents of the "new" Section 117 of the Constitution, the Author focuses both on the contribution of constitutional case-law to the correct definition of state and regional competence areas and on the decision-making techniques implemented. The case-law examination highlights the constant tension between the autonomist and the unitary claims and the need to promote dialogue and cooperation between the State and the Regions to overcome the current conflict, hence ensuring the good functioning of the Italian regional system.

Abstract
This paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the 'constitutionalization' of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.
The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been 'constitutionalized' through the introduction of social and constitutional principles deriving from the Member States' Constitutions.

Constitutional Courts stand at the interface between law and politics, as the newly formed Russian Constitutional Court exemplified during Russia's time of troubles between 1991 and 1993. One Constitutional Court case from that period had particular significance. The Russian court considered the constitutionality of the Communist Party of the Soviet Union (CPSU) and the Russian Communist Party (CP RSFSR). The seven month long hearing tested the court's stamina and resolve. Described before it began as 'Russia's Nuremberg', was the Communist Party case a turning point in Russia's relationship with her past, or was it a staged showpiece with no real impact? This paper explores the Russian Constitutional Court's longest case and its effects.

Anecdotal evidence and theory indicate that constitutional courts and national legislatures strategically interact to achieve favorable policy outcomes. These interactions could result in the national constitutional court educating legislatures on international human rights obligations and, through national laws, extending associated protections to all citizens. To identify concrete evidence of interactions between constitutional courts and legislatures, and to demonstrate their impact on human rights, I built a database of constitutional court cases and legislative debates from four post-communist countries. The countries included were Poland, Romania, Czech Republic, and Slovak Republic. This case study describes the evolution of the research from question, to database, to analysis, and to final dissertation. This case also provides insights into the use of mixed methods, here the combination of quantitative and qualitative analysis, to better explain the interaction of democratic institutions in countries transitioning to democracy.

The Constitutional Court in the Teddy Bear Clinic appeal case held that the sections of the Sexual Offences Act that impose criminal liability for sexual offences on adolescent children under 16 years of age are invalid. The invalidity was suspended for 18 months to allow Parliament to correct the Act's defects. A moratorium was imposed on all investigations into, arrests in, prosecutions in, and criminal and ancillary proceedings regarding such section 15 and 16 offences. This includes the duty to report consensual sexual conduct between children under 16 years of age in terms of section 54 of the Act – pending Parliament's correction. However, it is submitted that the 'best interests of the child' principle in the Children's Act and the Constitution should guide all obligatory reporting situations involving sexual and other conduct of children, irrespective of whether they are adolescents under 16 years old or between 16 and 17 years old.

Abstract
The paper deals with the relationship between the Constitutional Court of Georgia and politics. The paper discusses the various stages of the development of the Constitutional Court of Georgia, changes in the composition and legislation. The paper analyzes politically relevant cases, focuses on the various mechanisms of influencing the judiciary using the rule of court formation and legislative changes, criticism of international and national experts and the decisions made by the Court itself to protect its own independence.