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Merging the unmergeable : the contortion of competition law principles by constitutional rights in the Constitutional Court [Discussion of Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Limited 2022 (4) SA 323 (CC)]

Loxton, Lauren - 2022

The rights and aspirations of the Constitution of South Africa are expressly recognised in competition legislation … interpret and adjudicate competition matters in a manner that gives effect to the provisions and ideals of the Constitution. In …

Persistent link: https://www.econbiz.de/10014243181

Judicial Review and American Constitutional Exceptionalism

Schor, Miguel - 2011

political court model of judicial review, adopted in Germany and the democracies it influenced, relies on ex ante mechanisms of … interpreting the constitution, citizens will choose to overrule courts directly rather than fight over appointments. In short … their constitution has thrived abroad better than at home. Battles over appointments have decisively shaped the United …

Persistent link: https://www.econbiz.de/10014221228

The secularization of American education. As shown by State legislation, State constitutional provisions and State supreme court decisions

Brown, Samuel Windsor - 1967 - Reissued

Persistent link: https://www.econbiz.de/10000568402

The Supreme Court and state police power : a study in federalism

Roettinger, Ruth Locke - 1957

Persistent link: https://www.econbiz.de/10001589505

The nature and structure of federalism in India : A study of the power of president to dissolve state legislatures and the jurisdiction of the supreme court

Kapur, J. L. - In: Jahrbuch des öffentlichen Rechts der Gegenwart 26 (1977), pp. 539-593

Persistent link: https://www.econbiz.de/10002205404

Being Present : What a Sales Tax Case Demonstrates About Federalism, the Dormant Commerce Clause and the Direction of Supreme Court Jurisprudence

Varyani, Natasha - 2018

, including (but not limited to) fundamental questions about federalism, the Due Process Clause and the Commerce Clause. In South … the Court’s ideological direction with regard to federalism …

Persistent link: https://www.econbiz.de/10014111941

Judicial Federalization Doctrine

Dickinson, Gerald S. - 2023

This Article explores the concept of “judicial federalization doctrine.” The doctrine emanates from well-documented areas of federal constitutional law, including exactions, racially motivated peremptory challenges, the exclusionary rule, same-sex sodomy, marriage, and freedom of speech and...

Persistent link: https://www.econbiz.de/10014346639

Ramifications of Recent U.S. Supreme Court Decisions on Federal and State Securities Regulation

Steinberg, Marc I. - 2021

-state relationship, invoking notions of federalism, remains a key ingredient in this mix …

Persistent link: https://www.econbiz.de/10013249876

State Merit Amicus Participation and Federalism Outcomes in the U.S. Supreme Court

Nicholson-Crotty, Sean - 2010

state amicus participation and the federalism values reflected in the Court's decisions. This article dev"Lelops and finds …

Persistent link: https://www.econbiz.de/10013151252

Delegation in a multi-tier court system : are remands in the U.S. federal courts driven by moral hazard?

Sarel, Roee; Demirtas, Melanie - 2019 - Version: October 28, 2019

We analyze the countervailing incentives that mid-level appellate judges face when deciding whether to remand a case back to the lower court. Although appellate courts' ability to remand cases can mitigate moral hazard problems, by restraining trial court judges, it may sometimes instead...

Persistent link: https://www.econbiz.de/10012118669