Spurred by legal tradition or contextual politics? Lessons about judicial dissent from Slovenia and Croatia

Garoupa, Nuno; Grajzl, Peter

doi:10.1016/j.irle.2020.105912

Cited by 4 publications

(5 citation statements)

References 42 publications

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“…Regarding the supervision of autonomous government units, Bagir Manan identified two related supervision models: preventive supervision (preventief toezicht) and repressive supervision (repressief toezicht). 19 It is related to the preceding supervisory model with the implementation of regional regulation supervision as one of the products of autonomous government administration, then this preventive supervision model is implemented by ratifying or not ratifying regional regulations drafted by the regional government. Whereas, in this preventive supervision, a regional regulation can only take effect if it has been ratified by the authorities with the authority to ratify it.…”

Section: Methodsmentioning

confidence: 99%

The Proliferation of Regional Regulation Cancellation in Indonesia

Jaelani

Hayat

2022

JHCLS

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The purpose of constitutional amendments is to grant the Supreme Court the authority to review laws and regulations in accordance with the law. However, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel Regional Regulations. In an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. This is a normative legal study utilizing secondary data. The results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations.

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Section: Methodsmentioning

confidence: 99%

The Proliferation of Regional Regulation Cancellation in Indonesia

Jaelani

Hayat

2022

JHCLS

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“…It is stipulated in Article 23-1 of the organic Law No. 2009-1523 on 10 December 2009 concerning the application of Article 61-1 of the French Constitution of 1958 (Garoupa & Grajzl, 2020).…”

Section: The System Of Constitutional Review Concerning the Pandemic ...mentioning

confidence: 99%

“…After having read the explication above, we see the that French Constitutional Council has contributed to bring the system of constitutional review before the promulgation of law and after the enactment of law closer together. At the same time, a priori constitutional review has been redeployed in a dynamic manner by entering new fields and reminding each of its advantages (Garoupa & Grajzl, 2020).…”

Section: The System Of Constitutional Review Concerning the Pandemic ...mentioning

confidence: 99%

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Legal Policy on the Protection of the Right to Health During the Covid-19 Pandemic in France

Savitri

2022

BESTUUR

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">France has regulated the health system in great detail in some laws and regulations, but these regulations are insufficient to face the pandemic of Covid-19. This study aims to describe and analyze legal policies to protect health rights during the COVID-19 pandemic in France. It employs a normative legal research method with data sources such as the Declaration of human and citizen’s rights of 1789, the French Constitution of 1958, and laws and decisions of the French Constitutional Council. Since the Covid-19 pandemic erupted, French legislators have implemented adequate measures to prevent its spread.. The study results indicate that since the Covid-19 pandemic spread, French legislators have implemented adequate measures to prevent the spread of the virus through the appointment of the French Constitutional Council as the protector and guarantor of the fundamental rights of citizens through a system of judicial review. The control of proportionality in the system of judicial review is essential to strike a balance between the public interest of society and the rights of individuals to implement the adaptations necessary to protect public health, particularly during the Covid-19 pandemic.</p></td></tr></tbody></table></div>

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“…Chapter VIII of the Penal Code of the Netherlands stipulates the punishment of persons for performing actions prohibited by a court decision (Criminal Code of the Netherlands 1881). Article 195 of the Criminal Code states that a person who commits illegal acts under this Article shall be forced to pay a fine of the third category or shall be imprisoned for up to six months (Garoupa and Grajzl 2020).…”

Section: Penalties For Non-enforcement Of a Court Decision In The Cou...mentioning

confidence: 99%

Crimes against Justice under the Legislation of the States of the European Union

Воробчак¹,

Nalutsyshyn²,

Nalutsyshyn³

et al. 2022

Int. J. Criminol. Sociol.

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The countries of the European Union (EU) are united, but above all, each country is autonomous. EU Member States have different legislation on criminal offences. The EU authorities have already suggested the possibility of creating a single system for regulating legal provisions on criminal offences. Studying and comparing the legal systems and responsibilities for crimes against justice in individual countries will facilitate the analysis of the differences in the legislation of the EU countries. The purpose of this paper is to investigate crimes against justice in accordance with the laws of each individual European country. The paper considers the composition of such crimes, as well as the responsibility to which offenders can be brought in case of such crimes. The study uses the methods of analysis and synthesis, analyses legal provisions. General methods of scientific cognition used in this study include dialectical, historical, the Aristotelian method, method of systematic data analysis, formal legal method, method of legal modelling and comparative legal method. The study investigates the legal framework of European countries, in particular criminal codes and laws. This study systematises and groups the received information and data on criminal liability of judges for unlawful decisions. The European practices in punishing those who do not comply with court rulings and judgments are also analysed. A study of the legal system in individual EU countries will help distinguish between positive and negative aspects in the legislation. In addition, this study allows to consider and analyse the most effective laws, provisions, and principles that can be implemented in the current legal system of different countries of the world.

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Spurred by legal tradition or contextual politics? Lessons about judicial dissent from Slovenia and Croatia

Cited by 4 publications

References 42 publications

The Proliferation of Regional Regulation Cancellation in Indonesia

The Proliferation of Regional Regulation Cancellation in Indonesia

Legal Policy on the Protection of the Right to Health During the Covid-19 Pandemic in France

Crimes against Justice under the Legislation of the States of the European Union

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