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Considering constitutional judicial review of policy, the power of courts to annul legislation, as a political insurance mechanism to protect against losses from adverse election outcomes, the paper analyzes three questions: First, under what circumstances a political ruler, who wins an election...
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The 2004 Constitution of Afghanistan vaguely describes the powers of the Supreme Court (the Court) to interpret the … constitution and exercise judicial review. It also describes an independent commission for the supervision of the implementation of … the constitution (the Commission), whose powers are ambiguous and seem to overlap with those of the Court. The political …
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In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts …
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Constitutional loyalty, the importance ascribed to complying with constitutional rules, is difficult to measure across countries due to differences in context, history, and culture. We overcome this challenge by exploiting the COVID-19 pandemic as an ideal setting in which societies around the...
Persistent link: https://www.econbiz.de/10012807078
This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from the courts to electoral institutions. Prominent political scientists are increasingly rejecting the countermajoritarian difficulty as the proper framework for studying and...
Persistent link: https://www.econbiz.de/10012765591