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The Supreme Court Judgment of April 12, 2011 resolves an appeal filed by Telefónica Servicios Móviles against a judgment of the Superior Court of Justice of Castilla y León. The Supreme Court establishes that municipalities have the authority to regulate telecommunications in relation to urban, aesthetic, safety, and environmental aspects. Additionally, it considers that the limitations imposed by the municipal ordinance on radio communication installations in Valladolid are reasonable and in accordance with the law. The appeal is dismissed by the Supreme Court. [Extracted from the article]

The Constitutional Court of Spain issued a judgment on March 3, 2011, in which it analyzed three appeals of unconstitutionality related to the Electricity Sector Law. The appeals were filed by the Parliament and the Government of the Canary Islands against different provisions of Law 54/1997, and by the President of the Government against provisions of the Canary Islands Parliament Law 11/1997. The Court determined that some of the challenged provisions exceeded the powers of the State and that electrical planning should be indicative and not exclude autonomous powers. Furthermore, it was concluded that the obligation to submit electrical planning to the Congress of Deputies does not apply to the Autonomous Community of the Canary Islands. The Court considers that the state plan for electrical energy does not require the approval of the Congress for the Autonomous Community of the Canary Islands to follow it, but rather it must comply with the procedure established for the approval of the autonomous plan. The Court also determines that the National Government has the authority to adopt executive measures to guarantee the supply of electrical energy in exceptional or emergency situations, and that the singular regulation of electrical activities in insular and non-peninsular territories does not violate the principle of formal legal reservation. Furthermore, the Court concludes that the designation of the manager of the electrical distribution network is the responsibility of the State and that the establishment of a transition period for the opening of electricity generation to competition in the insular and non-peninsular territories of the Canary Islands is reasonable and justified. Finally, it is determined that the figure of the "self-producer" and the special regime for electricity generation in the Canary Islands do not contradict state regulations. [Extracted from the article]

Background: On 15 January 2021, a South African Member of the Executive Committee (MEC) for the Environment amended the Mabola Protected Environ- ment’s (MPE) boundaries to remove legal impediments preventing coal mining in this protected area. This decision came in the wake of the MPE being declared a protected area and a series of court cases ending at the Constitutional Court. Objective: The objectives of this paper were: (1) evaluate the potential consequences of the MEC’s decision for South African protected areas; (2) speculate on the possible impact on South Africa’s reputation in terms of its commitment to safeguarding its protected areas; (3) identify possible weaknesses in the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA); and (4) make recommendations to strengthen this Act so that it can reduce the vulnerability of protected areas to arbitrary and prejudicial decision-making. Methods: This study involved an evaluation of NEMPAA and the notice in the Provincial Gazette declaring and giving effect to the MEC’s decision, and of the various High Court judgments leading up to and following the publication of this notice. Conclusion: The decision by the MEC highlights the vulnerability of protected areas and the importance of the conservation of biodiversity, particularly in a context of parochial or partisan objectives and profit-vested interests that are of a limited (at least in the medium- to long-term) public benefit. It is concluded that the discretionary clauses in NEMPAA may need to be amended to limit or refine the discretion politicians may apply. [ABSTRACT FROM AUTHOR]

At dawn of 29 May 2009 the ro/ro pax Vincenzo Florio caught fire off Ustica Island whilst en route from Naples to Palermo. The passengers were transshipped to a vessel which was navigating nearby and all crewmembers then abandoned the ferry. The Vincenzo Florio was towed to Palermo by tugs of the local tug company, which had pilots on board to assist in the manoeuvring. The pilots also assisted in directing the positioning of floating pontoons alongside the breakwater of the port of Palermo where the Vincenzo Florio was to be moored as she had her fin stabilisers locked outboard. The pilots’ claim for salvage remuneration made to the Judicial Administrator of Tirrenia di Navigazione spa in extraordinary administration was rejected. The subsequent appeal of the pilots to the Supreme Court of Cassation was dismissed with judgment no. 7150 of 13 March 2020, on the ground that when pilotage is compulsory by law, as was the case in the port of Palermo, pilots are bound to assist the ship. In fact, in complying with their duties, pilots fulfil the purpose of ensuring safe navigation in the public interest. Their activity which, with greater reason, is to be provided and is to be performed when a ship is in danger, is framed within ordinary pilotage services. The article criticises the reasoning of the Supreme Court of Cassation. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Socio-Jurídicos is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica Piélagus is the property of Universidad Surcolombiana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Currently, in the Romanian legal system, the judge interprets and adapts law to the actual realities, remedies normative gaps and discovers remedies to inspire the legislator. In this regard, we should emphasize the role of the judicial precedent substantiated by means of the decisions of the High Court of Cassation and Justice, ruled within the referral in the interests of the law, given that, such judgments create general rules of interpretation and application of the legal provisions which generate non-unitary practices. There are situations in which the interpretation of the legal texts, offered by the High Court of Cassation and Justice, is subject to a constitutional review exercised by the Romanian Constitutional Court. [ABSTRACT FROM AUTHOR]

The Constitutional Court is a judicial institution in Indonesia that functions as a negative legislature because it makes corrections and annulment of laws that have been made. However, the decision of the Constitutional Court regarding the unconstitutionality of a norm is often not complied with by legislators. Therefore, the significance of this paper is to give in-depth attention to the significance of the position of the Constitutional Court's decisions and their implications for the formation of laws, and their binding power to legislators and to the President as well. The juridical-normative method was adopted for this study, and the data was collected from laws and regulations using a philosophical approach. The findings reveal that the decision of the Constitutional Court remains final and binding on a material law being petitioned for review. However, this does not automatically apply to the lawmaking process. This is because legislators are institutions that have the freedom to develop norms even though the Constitutional Court once annulled norms that had been drawn up. The paper also implies how checks and balances between legislature and judiciary should be planned and managed. [ABSTRACT FROM AUTHOR]

Copyright of Anali Pravnog Fakulteta u Beogradu is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Problems arise regarding the struggle for inheritance, particularly when an heir feels that s/he has received the inheritance fairly, or there is disagreement between heirs on the inheritance law. Often grandchildren feel that their rights as substitute heirs have not been fulfilled, and they approach local Religious Court to claim their inheritance rights. The current study discusses a case of substitute inheritance where grandchildren attempt to obtain substitute inheritance for a property. The focus of the study was the Supreme Court's decision Number 185 K/AG/2009. A normative juridical approach method was used and analytical and descriptive techniques were adopted to examine the facts of this qualitative study. Secondary data sources were used to collect data from legal archives, libraries and data bases. Primary data was also collected through informal discussion with the Law officials. The study highlights how a religions court recognized grandchildren as legal heirs (substitute heirs) and permitted them to replace the previous heirs, who were their parents. The study describes how the substitute heirs made efforts to conduct initial consultations or mediation with the parties. When they did not succeed, they filed a lawsuit in the Religious Court, in accordance with Law Number 3 of 2006 and the Judge's consideration at the Supreme Court level in deciding the case Number 185/K/Ag/2009. The case was also filed with reference to Article 185 of the Compilation of Islamic Law which stated that a child can replace the position of his parents who died first as a substitute heir provided that the portion received did not exceed the share of the heirs equal to the heirs being replaced. The verdict was not accepted by the Defendants and a cassation was filed in the supreme court. This study will prove to be a good reference study and would serve as a precedence in similar cases. [ABSTRACT FROM AUTHOR]

Independence, impartiality and disclosure are primordial principles governing the process of international commercial arbitration. Taking the tie from the recent judgments of the UK Supreme Court Halliburton v. Chubb, this article aims to specifically discuss the issue of the repetition of appointments of arbitrators. Although repetition of arbitrators could raise justifiable doubts of bias (and has done so in case law), the circumstances under which those doubts could affect the arbitrator’s impartiality and independence have not been clarified yet. Throughout this article, I will consider the different approaches taken concerning the issue of repeat appointments, and I will argue that although the qualitative approach is more realistic and efficient than the quantitative one, it still leaves much room for interpretation according to the specificities of the case ad hoc. I will therefore propose three criteria that could prove more practical when evaluating repeat appointments. I will then conclude by pointing out that although those solutions could prove to be useful, the critical question remains: does familiarity created with repetition actually breed partiality? [ABSTRACT FROM AUTHOR]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Mabsya: Jurnal Manajemen Bisnis Syariah is the property of UIN Saizu Purwokerto and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article provides a retrospective look at the Supreme Court's decision to review the NCAA v. Alston antitrust litigation by defining and analyzing a three-tiered circuit split that existed in the courts' application of antitrust law to NCAA amateurism regulations. Using mixed-methods citation network analysis review, this article shows wide disarray within the NCAA amateurism discrete citation network by analyzing the doctrinal differences in how three distinct jurisdictional silos applied antitrust law to four broad categories of NCAA rules. As such, this article argues that the Supreme Court was correct to grant certiorari to the Alston petitioners to resolve this circuit split and better define the precedential effect of the much-debated NCAA v. Board of Regents. [ABSTRACT FROM AUTHOR]

In this paper author explores the legal dimensions of the autonomy of the legislature in the context of the current pandemic. The paper is situated in Croatian constitutional theory and is written against the background of two developments. The first one is a decision of the Constitutional Court of Croatia that authorized the Croatian parliament to avoid a more demanding procedure for adopting the restrictions of fundamental rights enacted in the pandemic. The second development is the use of ballot initiatives to force the parliament to adhere to this procedure. Using the concept of constitutional silences as a tool, I bring these two developments together to explore what are the spaces for unwritten political rules left by the Croatian Constitution and how does the ballot initiative challenge them. I do this to argue that ballot initiatives should not be considered unconstitutional when they do not attempt to override legitimate constitutional silences of parliamentary representation. [ABSTRACT FROM AUTHOR]

Copyright of Revista Brasileira de Estudos Politicos is the property of Universidade Federal de Minas Gerais (Revista Brasileira de Estudos Politicos) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 2008, Ecuador recognized the Constitutional Rights of Nature in a global first. This recognition implies a major shift in the human-nature relationship, from one between a subject with agency (humans) and an exploitable object (nature), to a more equilibrated relationship. However, the lack of a standard legal framework has left room for subjective interpretations and variable implementation. The recent widespread concessioning of pristine ecosystems to mining industries has set up an unprecedented conflict and test of these rights. Currently, a landmark case involving Los Cedros Protected Forest and mining companies has reached the Constitutional Court of Ecuador. If Ecuador's highest Court rules in favor of Los Cedros and the Rights of Nature, it would set a legal precedent with enormous impact on biological conservation. Such a policy shift offers a novel conservation strategy, through citizen oversight and action. A ruling against Los Cedros and the Rights of Nature, while a major setback for biodiversity conservation, would be taken in stride by the active social movement supporting these goals, with the case likely moving into international courts. Meanwhile, extractive activities would continue and expand, with known consequences for biodiversity. [ABSTRACT FROM AUTHOR]

The article aims to present in detail a recent and peculiar Italian case concerning the approval of the law of the Valle d’Aosta region n. 11, December, 2020, with which that region tried to bypass the State powers to manage the pandemic caused by Covid-19 and provide its citizens with alternative regulations. In particular, in addition to the contents of the regional law and the context in which it was inserted, this paper aims to analyse the reaction of the Constitutional Court to the State recourse to Law 11/2020. In addition to causing the first precautionary suspension of a regional law in the history of the Republic, the contents of this recent decision of the Constitutional Court have been recognised as transcendent by the doctrine, and extend far beyond the specific case, to serve even as a field of study and inquiry for other regional systems. [ABSTRACT FROM AUTHOR]

Stemming from the analysis of court decisions delivered by the Supreme Court of the Province of Buenos Aires, this article studies the behavior of the formulaic connective expression para mayor satisfacción, by means of which Justices introduce arguments which, though not used to found the decision, do in fact increase their decision's persuasive strength. It is through this device that Courts show that further reasons will be introduced to provide more and better responses to the issues requested and the defenses provided. We argue that para mayor satisfacción creates multiple interpretative links as this expression fulfills a triple connective function: contrast + addition + closing. We also show that this phrase is, in turn, usually part of complex connective constructions which are highly productive, as they not only mark a boundary between essential arguments and those which introduce further information, but they also collect and synthesize essential arguments as well as the conclusion or the decision these suppor. [ABSTRACT FROM AUTHOR]

Constitutional Court decisions are crucial for a sustainable and democratic state institution functions as well as a country’s political stability. This article seeks to provide insights into the Constitutional Courts process, the role it plays in providing political stability under normal circumstances, when it is overburdened by a large case load and how that often does not provide satisfactory results for a variety of Kosovo stakeholders. The article also seeks to describe, discuss and analyse the development of Kosovo’s judicial review process, important court composition issues and the legal basis for its activities and procedures, and to discuss the obstacles and political influences in several court decisions which caused ambiguity, political tensions and increased distrust in Kosovo’s political systems and institutions including the constitutional court. [ABSTRACT FROM AUTHOR]

Question: The discussion of your idea of the Court, as a "public moralist", connects to a question that we also asked of Justices Barak and Grimm, concerning the situation in which judges find themselves when they confront hard cases involving rights. Access to justice under Article 24 means access to justice, but not only to Italian justice. This leaves room for a judge of an ordinary court to play the role of a constitutional judge. Keywords: International Law; Judges; Constitutions; Fundamental rights; Constitutional courts EN International Law Judges Constitutions Fundamental rights Constitutional courts 1526 1540 15 01/21/22 20211201 NES 211201 A. Training and Academia S. Cassese: I knew the hard sciences were not for me. One Court of Cassation judge is enough; instead, there should be two judges drawn from the lower courts. [Extracted from the article]

An administrative fine is a monetary penalty that may be imposed by a supervisory authoritity as an administrative punishment. Such a fine adversely interferes in the cash flow generation of the company in question. The fine can be described as an investment carrying opportunity costs with no economic returns. However, according to the judgment of the Constitutional Court of the Czech Republic Pl. ÚS 3/02 of 13 August 2002 it is submitted that the fine cannot be imposed in such an amount that would ultimately be liquidating for the sanctioned entrepreneur. The assessment of whether the specific amount of the fine imposed represents such an intensive interference with the entrepreneur's property that his business activity becomes pointless (i.e., in the long run only for the payment of a fine) is elaborated in this article. Based on a case study from the Czech Republic, this article deals with an example of a suitable methodological procedure, on the basis of which it is possible to evaluate the impact of a specific amount of fine imposed on the property of a sanctioned entrepreneur and assess ex ante whether (i) continuity of his business will be interrupted in the future, i.e., when, as a result of the payment of the fine, he eventually goes bankrupt in the form of insolvency or over-indebtedness and / or (ii) his business activity will only serve to pay the fine and thus become "pointless". The presented economic narrative and methodology are relevant for policy makers and, particularly, for supervisory authorities imposing the fines or assessing the requests for remission. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a „Euro-friendly" approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court's decision and not to explain the importance of relying on EU law or CJEU case law. [ABSTRACT FROM AUTHOR]

Copyright of Direito da Cidade is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This Article aims to examine the social media jurisprudence of national courts in a selected set of EU Member States by focusing on judicial dialogue specifically via references to the case law of other courts. Do judges in social media cases engage with the case law of peers, and if so how and to what extent? The analysis investigates whether national judges draw on the jurisprudence of higher domestic courts, foreign courts and/or European supranational courts—the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR)—and explores the use of such jurisprudence. It is based on 147 cases from the constitutional and/or supreme courts of Bulgaria, Croatia, Greece, Italy, Latvia, Slovakia, and Slovenia. Although judicial dialogue is generally limited in the cases under study, the analysis illustrates the different ways in which courts interact with the rulings of peers and informs on the latter's contribution to judicial assessment. [ABSTRACT FROM AUTHOR]

A court of a country is the main source of justice, to the respective country's citizens. Every individual approaches courts to seek justice when his/her rights are violated. The main power house of these courts is the supreme court and each country has its own respective supreme court, in a country like India with a huge population every day hundreds and hundreds of new and appeal cases have been filed to the supreme court and seek justice. The objective of this paper is to classify the cases and to predict the behavior of the court (whether the appeal case will be accepted or dismissed by the Supreme Court). This paper gives the individual an ideology about how the case will be taken and treated by the court. The model considers past 20 years of cases from the Supreme Court of India database containing all types of cases to predict leave granted and Disposed off parameters. The proposed model is tested as three modules (i) classification module (ii) prediction module and (iii) baseline module and also compares various ML algorithms using Accuracy and F-measure as performance metrics. [ABSTRACT FROM AUTHOR]

In 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the 'BARECON 89' form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court's decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the 'BARECON 2017' form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO's attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him. [ABSTRACT FROM AUTHOR]

Customary forests have not been adequately recognized in state forest management in Indonesia for a long time. However, in the last decades, several fundamental policy changes occurred, and the roles of local communities significantly recognized in forest management. The forest tenure reforms for customary communities are actively addressed after the Constitutional Court Decision (CCD) Number 35 in 2012. The objectives of this study are (1) to determine the changes in customary forest management in response to the CCD and (2) to discuss policy challenges after the CCD in East Nusa Tenggara Province. This study employed qualitative descriptive analysis methods. The result showed the different responses of customary communities related to the institutional development towards CCD. The lack of local regulations regarding customary peoples' rights still need to be solved. Besides, the claims of customary communities for customary forests overlapping with state conservation areas and other customary forests can make the problem more complicated. [ABSTRACT FROM AUTHOR]

The binding summary has dual aspects as to its usefulness: it contributes to procedural speed and legal certainty, however, it is shown as a form of imposing interpretation issued by the Federal Supreme Court. The legal voluntarism found in the current scenario allows the agency to analyze and decide on any issues without an adequate formula. Originally, that Court may have its decision obligatory to the Courts and all spheres of direct and indirect administration through the Binding Precedent with effectiveness that prevails the established rule, exceeding the legislating powers to whom the Federal Constitution typically attributes this function. Thus, using a theoretical-legal methodology with deductive reasoning, through doctrinal and jurisprudential analysis, important factors will be observed that place the binding summary in a priority character of the constitutional process and the critical correspondence regarding the unlimited and unrestricted can be inferred to the Federal Supreme Court, which could lead to democratic erosion. [ABSTRACT FROM AUTHOR]

This paper addresses the issue of the constitutional legitimacy of the Constitutional Court's decisions in the context of the jurisdictional disputes of the branches of government, with a special emphasis on the recent conflicts arising from the dissolution of the Congress of the Republic and the vacancy of the President of the Republic. The research analyzes the doctrine and jurisprudence regarding the grounds that legitimize the role of the Constitutional Court in the control of political acts and concludes that the defense of the principle of normative supremacy of the constitution imposes a substantive resolution in the competence processes of this nature. [ABSTRACT FROM AUTHOR]

In 2019 the Constitutional Court of Ecuador issued sentence 11- 18-CN/19. In this resolution it was affirmed that article 67 of the Constitution--which established that marriage is the union between a man and a woman--was unconstitutional, thus granting the possibility for same-sex people to marry. For this, the Judge Ramiro Ávila Santamaría, among other arguments, used balancing. The essential part of balancing is the weight formula. However, this was not use in that sentence. Through this argumentative method, it was concluded that the principle of equality prevails over other general principles of law. This paper analyzes the weight formula, applying it in the way that, in my opinion, the Constitutional Court should have done in the "egalitarian marriage " judgment. For this, the analytical-synthetic method is used, breaking down the argumentation made by Judge Ávila into fragments. The first section deals with the elements of the weight formula. Then the balancing exercise carried out in the sentence is exposed, followed by a demonstration of the argumentative errors committed, highlighting the mistake in choosing the principles in conflict. Finally, a new balancing exercise is presented, confronting the principles that should have been taken to the balance. The paper concludes mainly that the Constitutional Court erroneously applied balancing in the "egalitarian marriage" judgment. [ABSTRACT FROM AUTHOR]

This article explores topics related to conforming interpretation in the decisions of the Colombian Constitutional Court. For this, it explores not only its different dimensions but also its implications within the legal system and its relationship with the principles, standards, and parameters of constitutional control. The paper is divided into four sections. First, it provides a conceptual framework of constitutional interpretation and its modalities. Then, it describes the methodology used to collect the court decisions. The third section presents the results obtained from the case law analysis. Finally, some reflections and proposals are put forward to discuss the advantages or limitations of the category under study. [ABSTRACT FROM AUTHOR]

Using data on essentially every U.S. Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We estimate the impact of justice ideology and justice votes on the votes of their peers. To identify the peer effects, we use two instruments that generate plausibly exogenous variation in the peer group itself, or in the votes of peers. The first instrument utilizes the fact that the composition of the Court varies from case to case due to recusals or absences for health reasons. The second utilizes the fact that many justices previously sat on Federal Circuit Courts, and justices are generally much less likely to overturn decisions in cases sourced from their former "home" court. We find large peer effects. For example, we can use our model to predict the impact of replacing Justice Ginsburg with Justice Barrett. Under the the assumption that Justice Barrett's ideological position aligns closely with Justice Scalia, for whom she clerked, we predict that her influence on the Court will increase the Conservative vote propensity of the other justices by 4.7 percentage points. That translates into 0.38 extra conservative votes per case on top of the impact of her own vote. In general, we find indirect effects are large relative to the direct mechanical effect of a justice's own vote. [ABSTRACT FROM AUTHOR]

Copyright of Varstvoslovje: Journal of Criminal Justice & Security is the property of University of Maribor, Faculty of Criminal Justice & Security and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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