Russia's 2020 Constitutional Amendments: A Comparative Perspective

2020 ◽  
Author(s):  
William Partlett
Keyword(s):  
Comparative Perspective ◽  
Constitutional Amendments

Constitutional Protection of the Head of State: The Case of Kosovo

ICL Journal ◽  
2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Enver Hasani
Keyword(s):  
Early Termination ◽  
Comparative Perspective ◽  
Constitutional Amendment ◽  
Constitutional Amendments ◽  
Preventive Control ◽  
Ad Hominem ◽  
Constitutional Protection ◽  
Head Of State ◽  
Major Subject ◽  
Starting Point

AbstractThis paper clarifies the role and position of the Head of State from a comparative perspective, as well as the protection of that institution from an extra constitutional dis­missal via constitutional amendment. Its starting point was the exercise by the Constitu­tional Court of Kosovo of abstract preventive control of eleven (11) proposed constitu­tional amendments. The Court declared unconstitutional over sixty (60) per cent of them, including amendment ten (10), the major subject of this paper. In this case, the Court made it clear that the early termination of the mandate of the Head of State undertaken through the enactment of a new constitutional amendment was unconstitutional. Ulti­mately, the paper demonstrates that no serious and professional court would ever take into account arguments ad hominem in cases dealing with abstract review of constitutionality of laws and constitutional amendments.

scholarly journals El control material de las reformas constitucionales en perspectiva comparada = The substantive control on constitutional amendments in a comparative perspective

2013 ◽  
pp. 391
Author(s):  
Sabrina Ragone
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Control Material ◽  
Constitutional Amendments ◽  
Supreme Courts ◽  
Political Actors ◽  
Selection Of

Este estudio investiga el alcance del papel de la jurisdicción constitucional relativa a las reformas, mediante el análisis de algunos casos representativos. Se centra en las decisiones tomadas en los ordenamientos seleccionados, donde los Tribunales Constitucionales —o Supremos, en su caso— han reivindicado la función de supervisores de la efectividad de los límites, frente a posibles excesos de los actores políticos. Para demostrar que el control de las reformas es un corolario imprescindible de la supremacía constitucional, estos órganos jurisdiccionales han empleado los diferentes argumentos que se analizan en el texto. This essay deals with the implications of the judicial review related to Constitutional amendments, through the selection of some representative cases. It focuses on the case-law of the legal systems chosen where Constitutional or Supreme Courts asserted being enabled to verify the effectiveness of limits against possible misuses by political actors. Those Courts used different arguments to demonstrate that the control of amendments is an unavoidable consecuence of the Constitutional supremacy and all of them are analyzed in the text.

International(ized) Constitutional Court: Kosovo’s Transfer of Judicial Sovereignty

ICL Journal ◽  
2020 ◽  
Vol 13 (4) ◽  
pp. 373-402 ◽  
Author(s):  
Enver Hasani ◽  
Getoar Mjeku
Keyword(s):  
International Law ◽  
War Crimes ◽  
Comparative Perspective ◽  
Crimes Against Humanity ◽  
Constitutional Court ◽  
Council Of Europe ◽  
Constitutional Amendments ◽  
Culture Of Impunity ◽  
Kosovo War ◽  
Legal Infrastructure

AbstractThis paper discusses the transfer of judicial sovereignty in Kosovo from a comparative perspective. In particular, it addresses the transfer of constitutional jurisdiction to the Special Court of Kosovo. This court was formed as a result of Kosovo’s commitment to address allegations made by the Council of Europe in a document known as the Dick Marty report. The report alleges that war crimes and crimes against humanity and international law were committed during and in the aftermath of the Kosovo war (1998–1999). It took several years for the Court to be formed as constitutional amendments, legal infrastructure, and other practical steps were needed to make the Court operational. These preparatory measures have been taken, but practical results are missing, and there is fear that the Court might end up like previous UN- and EU-led justice systems, which did too little and were too late to address the culture of impunity in Kosovo.

Public Administration in the Islamic World: Considering the Importance of Religion, its Values and Culture

2019 ◽  
Vol 19 (2) ◽  
pp. 23-38
Author(s):  
Daniel Hummel
Keyword(s):  
Public Administration ◽  
Core Values ◽  
Comparative Perspective ◽  
Religious Values ◽  
Future Research ◽  
Islamic World ◽  
Salient Region ◽  
The People ◽  
Comparative Public Administration

A small but growing area of public administration scholarship appreciates the influence of religious values on various aspects of government. This appreciation parallels a growing interest in comparative public administration and indigenized forms of government which recognizes the role of culture in different approaches to government. This article is at the crossroads of these two trends while also considering a very salient region, the Islamic world. The Islamic world is uniquely religious, which makes this discussion even more relevant, as the nations that represent them strive towards legitimacy and stability. The history and core values of Islam need to be considered as they pertain to systems of government that are widely accepted by the people. In essence, this is being done in many countries across the Islamic world, providing fertile grounds for public administration research from a comparative perspective. This paper explores these possibilities for future research on this topic.

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