Constitutional Law Research Articles

On the politics of constitutional law: an environmental case study of the role of politics and economics in constitutional appeals

AbstractThe U.S. government has responded to concern about climate change through regulation of carbon-dioxide emissions by the Environmental Protection Agency under the Clean Air Act. Regulation of the electric power industry has been central to the fight to reduce carbon-dioxide emissions, but these regulations have been challenged by constitutional appeals that have resulted in episodic advances and reversals. Grounds for constitutional appeal of environmental laws are many, but at their core is the question of whether a given law is consistent with the constitution. If constitutionality is central to the positions the attorneys general take on appeals of environmental regulations, political and economic factors should not affect their positions. Empirical evidence presented in this case study shows, however, that these factors are correlated with the positions the attorneys general of the U.S. states and District of Columbia took towards constitutional appeals of regulations of carbon-dioxide emissions from the electric power industry. At a broader level, these findings shed useful light on the question of how constitutional appeals are brought.

Yakovlev’s law

The article is devoted to the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. The paper presents the main stages of life and work of the statesman and scientist, as well as reveals his contribution to the development of Civil and Constitutional Law, the construction of a system of arbitration courts in the Russian Federation. The main attention is paid to scientific activities on the development of the law on cooperation, the preparation of a regulatory framework for the democratization and reform of the economy of the Soviet Union, as well as the development of a fundamentally new system of arbitration courts of the Russian Federation for our country. The contribution of V. F. Yakovlev to the preparation of the draft of the Constitution of Russia and the Civil Code of the Russian Federation is revealed.

Theories of constitutional interpretation in the United States of America

The article substantiates the judgment that in relation to that in relation to the theories of constitutional interpretation in the United States, paradigms constructed according to the type of binary opposition (originalism –the concept of natural law), are clearly insufficient. Therefore, private legal theories, which are theories of constitutional interpretation of the United States, should take into account the basic principles and institutions, doctrines of the branch of Constitutional Law of the United States: the concept of a “living constitution”, the theory of judicial precedent, procedural aspects of Constitutional Law, structuralist theories.

The Place of Gladue in Constitutional Law

The central aim of this paper is to outline and explain the place of Gladue in constitutional law. I start with a brief treatment of the majority decision in Sharma before moving to the reception of Gladue sentencing in the section 12 context, outlining and contributing to a debate that has circled in this area for years: whether it is acceptable to consider personal characteristics in constructing the reasonable hypothetical offender.

The Impact of Comprehending Islamic and Social Humanities Materials on Students' Perspectives on Resolving Contemporary Social Problems

This study aims to analyze the effect of understanding Islamic and Social Humanities material on student perceptions in addressing contemporary social issues in Indonesia. Using a mixed method approach, this study involved 100 2nd semester students of the Constitutional Law study program at UIN Sunan Kalijaga Yogyakarta who were selected through the random sampling method. Data were collected through attitude scales, questionnaires, interviews, and documentation, and analyzed using descriptive tests, normality tests, linear tests, and hypothesis testing with regression analysis. The results showed a positive relationship between understanding Islamic and social humanities courses and students' perceptions of contemporary social issues. The correlation is based on a significance value of 0.000 <0.05 and a coefficient of determination (R Square) of 0.585. So this study reveals that the understanding of Islamic and Social Humanities material explains 58% of the variability of student perceptions in addressing contemporary social issues. Students who have an open and critical attitude towards social issues show a good understanding of the course. The process of student understanding develops through several stages, ranging from initial knowledge to the development of complex new ideas. The role of lecturers in providing space for discussion, reflection, and open dialog is very important in facilitating a critical and holistic understanding of contemporary social issues in the context of Islam and the social humanities. Keywords: Islam and Social Humanities, Contemporary Social Issues, Understanding, Perception

Parliament Hidden in Small Streets and Squares. The Significance of Parliament’s Seat for the Constitutional System

Abstract Parliament is the space where politics and (constitutional) law literally take shape. Here, collective decisions take form in a specific setting where relationships between various political actors are organized through architecture. The architecture of spaces of political congregation is not only an abstract expression of a political culture – it participates in politics and it is part of the constitutional system. This paper focuses on the question, whether the location (and architecture) of the seat of the parliament is somehow significant for decision-making practices and for the role of the parliament in the constitutional system and for its values. This is discussed based on the example of the seat of the Parliament of the Czech Republic. The parliament (and especially the Chamber of Deputies) is one of the key institutions in Czech constitutional system. This is kind of paradox, because unlike other significant parliaments, the buildings of the Parliament of the Czech Republic are not dominant of the city of Prague.

Federal Territory: Constitutional and Legal Regulation Development

This article examines the legal status of federal territories as public law entities in the Russian Federation, which emerged as a result of the 2020 constitutional reform. This article discusses issues related to constitutional terminology, the constitutional-legal status, and legal regulation of federal territories, along with an analysis of the practice implementation of the constitutional provisions governing these territories. The specific features of existing federal territories in the Russian Federation and in foreign countries are also reviewed. The necessity for further development of the novelty introduced by the Constitution of the Russian Federation regarding federal territories is underscored, including a discussion on the unique tax regime applicable to these territories. The article employs several scientific methods, including the comparative-legal method and the formal legal method, with additional methods such as analysis and synthesis also utilized. Conclusion: Despite the short period between the establishment of the first federal territory and the development of its legal framework, several distinctive characteristics have also emerged in Russian legislation. An analysis of Russian constitutional law reveals key features in the exercise of public authority in this new public law entity. When comparing approaches to public authority in other countries, the models of India, Brazil, and Canada were chosen for comparison. It was found that Russia’s form of public authority within federal territories is unique and does not fully align with any of the models seen in these foreign states. However, Russian legislation currently lacks a comprehensive law that regulates federal territories as a whole. At present, the only federal territory established in the Russian Federation is the Sirius federal territory, and its legal status is governed by the federal law “On the Federal Territory ‘Sirius’”. This highlights the need for further development of a broader normative framework that regulates the status of the federal territory. Such a framework would not only solidify the legal status of the Sirius federal territory but also provide for future federal territories yet to be formed

The Military Turn in Comparative Constitutional Law: Constitutions and the Military in Authoritarian Regimes

The Military Turn in Comparative Constitutional Law: Constitutions and the Military in Authoritarian Regimes

ANALISIS PENGISIAN KEKOSONGAN JABATAN WAKIL BUPATI KABUPATEN LUWU TIMUR 2021-2026

Filling a vacant position is one of the important elements in Constitutional Law. Without being filled with officials (Ambtsdrager), the functions of state offices cannot run properly as they should. The problems in this study are: How is the regulation for filling the vacant position of Deputy Regent of East Luwu Regency, What are the obstacles in the process of filling the vacant position of Deputy Regent of East Luwu Regency, This study aims to analyze and how is the regulation for filling the vacant position of Deputy Regent of East Luwu Regency, To find out and examine the obstacles in the process of filling the vacant position of Deputy Regent of East Luwu Regency, This study was conducted using an empirical normative approach method, namely in the literature on political science, government science, and law, the terms power, authority, and authority are often found, this study was conducted in East Luwu Regency. The regulation for filling the vacant position of Deputy Regent of East Luwu Regency is still not perfect, because the DPR has rules of procedure related to the issue of electing a deputy regent, but it is not perfect so a special committee must improve the rules of procedure for electing the Deputy Regent of East Luwu Regency. The obstacle in the process of filling the vacant position of Deputy Regent of East Luwu Regency is due to a large number of supporting parties so it is difficult to obtain results through joint deliberations.

Penguatan Kewenangan BPJPH dalam Pengawasan Sertifikasi Halal di Sektor Pariwisata: Analisis Hukum Terhadap Implikasi Penundaan Kewajiban Sertifikasi Halal 2024-2026

This study explores the legal implications of the postponement of the halal certification requirement in Indonesia's tourism sector until 2026, focusing on strengthening the authority of the Halal Product Assurance Agency (BPJPH) in supervising and enforcing halal standards. This postponement creates significant challenges in the application of the Lex Superior Derogat Legi Inferiori principle and results in a legal vacuum (rechtsvacuum) that could undermine legal certainty. The study employs a descriptive approach with qualitative analysis involving in-depth interviews with BPJPH officials and constitutional law academics, as well as a review of documents related to halal regulations. The findings indicate that the postponement of halal certification negatively impacts regulatory compliance, damages Indonesia's image as a halal tourism destination, and necessitates strict legal measures to address the legal vacuum and strengthen BPJPH's authority. Practical recommendations are provided to enhance oversight and law enforcement to maintain the integrity of halal standards in Indonesia during this postponement period.

A Tale of Two Centuries? Expanding Constitutional Labour Rights in Canada and Their Impact on Legislation, Conflict and Wages

ABSTRACTUsing collective agreement and strike data from the Canadian Federal and provincial jurisdictions for the years 1978–2019, this study examines the effect that various legislative regimes that govern public‐sector bargaining disputes have on the incidence, duration and cost of conflict. This study seeks to replicate and improve previous estimates related to this topic but also extends the analysis to examine changes to the legal environment in Canada in which labour rights have been increasingly enshrined in constitutional law through the Canadian Charter of Rights and Freedoms. This study finds, in contrast to previous studies, that the legislative regime impacts the way agreements are settled when disputes occur but not the likelihood of a directly negotiated agreement prior to impasse. It also highlights some differences in contract and wage settlements prior to and after the constitutionalization of labour rights in Canada.

The Impact of Brexit on the British Constitutional Law

Brexit as a hybrid phenomenon, that is, both legal and political, is the next stage in the debate on the place and role of the European Union (EU). The analysis of the impact of EU legislation on the shape of British constitutional law requires establishing the admissibility of reversing existing constitutional modifications. The author will argue that the age of globalisation and establishing legal network links, the participation of states in supernational organisations can result in irreversible modifications of the scope and meaning of constitutional law. In a simplified way, individual legal systems in a legal pluralism are “open”. The changes taking place are irreversible because they concern the foundation of competences as well as the system position of individual national authorities.

Energy Diplomacy of Turkmenistan: Determining Factors and Legal Framework

Introduction. Energy diplomacy is an effective means of ensuring energy security (international and national) and, at the same time, an instrument for implementing the foreign energy policy of states. Since energy diplomacy is formed and implemented in the conditions of the state legal and international legal environment, the study of its legal component acquires not only theoretical, but also important practical significance. At the same time, the legal aspects of energy diplomacy (both in general and in relation to specific countries) have not yet been systematically developed in the legal literature, including in the science of international law. Based on the analysis of scientific and regulatory material, the article identifies the features of Turkmenistan's energy diplomacy and its legal support.Materials and methods. Within the framework of the study, the sources of international law related to the topic under consideration, political and legal policy documents and acts of national legislation of Turkmenistan are considered. The theoretical basis of the research was the scientific works of experts in the field of international law and energy law, as well as individual studies of the problem of energy diplomacy, including in relation to a chosen country. The methodological basis of the study was presented by general scientific and special legal methods.The results of the study. Factors of a resource-geographical nature, combined with factors of a political and legal nature (the status of Turkmenistan as a permanently neutral state) determine the originality of foreign energy policy and, significant from the point of view of international law, the features of Turkmenistan's energy diplomacy. The main strategic priority of Turkmenistan's energy diplomacy is to increase the export potential of oil and gas products and, in this regard, to create an extensive, modern and efficient infrastructure for transit and delivery of energy resources to foreign energy markets, comprehensive legal support for these processes. Reliance on the potential of multilateral diplomacy (primarily in the UN system) for the international legal legitimization of their national interests in the energy sector is combined with the development of bilateral international legal relations of energy cooperation on terms of mutual benefit, while respecting the basic principles of international law. The head of state plays a special role in the development and legal formalization of Turkmenistan's energy diplomacy. Embargoes, as well as unilateral restrictive measures, used in the practice of a number of States and individual integration associations, are not used as a means of economic pressure on other States. Special importance is attached to preventive diplomacy within the framework of the Central Asian region.Discussion and conclusion. Turkmenistan's energy diplomacy, being the main means of implementing its foreign energy policy, has an international and constitutional legal framework, in turn, including: the UN Charter and other fundamental international legal acts establishing the basic principles of international law and the provisions of the Constitution of Turkmenistan on adherence to these principles, taking into account its permanently neutral status; Resolutions The UN General Assembly and acts of the constitutional legislation of Turkmenistan relating to the legal formalization and implementation of its permanent neutral status; norms of international law and provisions of the constitutional legislation of Turkmenistan regulating the main forms of diplomatic activity; special principles of international energy law correlating with the norms of the constitutional law of Turkmenistan.

Analysing the Legal Development of the Case Management System in the High Court of Tanzania

Abstract This article traces the legal development of case management as applied in the High Court of Tanzania for the timely justice dispensation. To make it easier for the readers, the authors of this article employed a doctrinal approach by carrying out a systematic documentary review, including the constitution, legislation, reports, and case laws. This review aimed to provide a thorough historical perspective of the development of the case management system in the High Court of Tanzania. The findings reveal that Tanzania introduced a case management system to address the inefficiency of justice in the court system. Furthermore, timely dispensation of justice is the constitutional essence of the existence of the Judiciary of Tanzania. However, even with the introduction of the case management system, the need for the timely justice dispensation in the court of law has not been satisfactorily achieved.

Государственное публичное управление цифровой средой: реализация идеи в условиях выявления и устранения конституционных рисков

Deployment of contemporary digital technologies creates new dynamics for the people, society and state and introduces considerable changes to the public administration system. Application of big data technologies significantly expands the opportunities for the development of new economic models, international cooperation and competition. However, increased involvement of people in the digital environment not only reveals new forms and methods of innovative administration of the state but is also associated with serious constitutional risks and threats for the state sovereignty. Consecutive constitutionalization predetermines efficiency of implementation of constitutional laws and activities of public government authorities. Efficient public administration of the digital environment can be reached through development of a high-quality regulatory framework characterized by relative stability and constitutional orientation.

One or Several Types of Constitutional Law?

This article examines whether, despite the well-established principle of equal priority of constitutional norms, certain higher-ranking norms within the Swiss Federal Constitution are binding in the context of constitutional amendments. Drawing on Carl Schmitt, Jürgen Habermas, and Swiss constitutional doctrine, I argue that limits to constitutional amendments are inherent in the Federal Constitution, which is based on the rule of law and democracy as fundamental and equal constitutional principles. Increasing public awareness of this constitutional understanding will facilitate the reconciliation of democracy and the rule of law in practice. -- Dieser Artikel untersucht, ob es trotz des etablierten Grundsatzes der Gleichrangigkeit von Verfassungsnormen bestimmte höherrangige Normen in der Schweizer Bundesverfassung gibt, die im Rahmen von Verfassungsänderungen verbindlich sind. In Anlehnung an Carl Schmitt, Jürgen Habermas und die schweizerische Verfassungslehre argumentiere ich, dass die auf Rechtsstaatlichkeit und Demokratie als grundlegende und gleichberechtigte Verfassungsprinzipien basierende Bundesverfassung selbst Grenzen für Verfassungsänderungen vorgibt. Die Stärkung des öffentlichen Bewusstseins für dieses Verfassungsverständnis wird die Vereinbarkeit von Demokratie und Rechtsstaatlichkeit in der Praxis erleichtern. -- Cet article examine si, en dépit du principe d'égalité des normes constitutionnelles, certaines dispositions de la Constitution suisse peuvent être considérées comme supérieures et contraignantes lors des modifications constitutionnelles. En s'appuyant sur les travaux de Carl Schmitt, de Jürgen Habermas, ainsi que sur la doctrine suisse, il apparaît que la Constitution fédérale, qui repose sur l'État de droit et la démocratie en tant que principes constitutionnels fondamentaux et égaux, impose elle-même des limites aux révisions constitutionnelles. Une meilleure compréhension de cette caractéristique par le public permettrait, en pratique, d'accroître la compatibilité entre la démocratie et l'État de droit.

The Role of Constitutional Review to Determine the Emergency Operation of Parliaments: the Most Recent Lessons to be Learned

Abstract Based on a recently published English-language global database on constitutional case law linked to the global pandemic, my contribution aims at analysing the currently underestimated link between constitutional review and the emergency operation of parliaments. Although the fact, that huge research endeavors have been devoted to the evaluation of parliamentary solutions adapting to the Covid-19 pandemic, the role of constitutional review has not been understood more deeply in this process until now. However, several constitutional constitutional courts have heard significant matters of parliamentary law during and shortly after the public health emergency, and despite the mostly deferential character of constitutional/supreme courts, the relevant rulings from around the world provided meaningful orientations how to describe rliamentary margin of movement to regulate internal structure and organisation during such extraordinary periods. This contribution will enumerate such constitutional/supreme court decisions and will assess their added value to maintain effective parliamentary work under the shadow of unprecedented challenges.

Теоретические аспекты взаимодействия субъектов конституционного права

Considering the relationship between any subjects of constitutional law, it should be noted that their interaction is the most effective and efficient. In this study, it is perceived as an analogue of the category “cooperation”; partnership is also considered as one of the components of this social phenomenon. Studying the essence of interaction between the actors under consideration allows us to understand the mechanisms and legal basis for its implementation for the subsequent modernization of legal regulation, based on the actual practice of its implementation, as well as on the needs of society and naturally occurring social processes.

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

Административное право в системе публично-правовых наук

In the context of modern realities of the development of russian science, interdisciplinary research is relevant, located at the intersection of public law sciences and constituting more than 30 areas of scientific research. According to the author, studies related to digital transformation and the introduction of artificial intelligence are especially significant. In conclusion, it is summarized that within the framework of the scientific specialty 5.1.2. “Public legal (state legal) sciences”, the predetermining place belongs to constitutional law, because The Basic Law of the Russian Federation lays the fundamental foundations for a decent future for the country and the well-being of citizens, while administrative law occupies one of the leading places in the system of public law because regulates legal relations in the field of public administration for the implementation of state policy in all spheres of life of russian society.