Constitutional Law. Judicial Powers. Congress Can Withhold Jurisdiction from District Courts to Consider Defense of Invalidity of Administrative Regulations

1944 ◽  
Vol 57 (5) ◽  
pp. 728
Keyword(s):  
Constitutional Law ◽  
District Courts

scholarly journals Austrian judicial system of 1867

2020 ◽  
pp. 60-64
Author(s):  
Maksym Dzikovskiy
Keyword(s):  
Constitutional Law ◽  
Practical Experience ◽  
The State ◽  
Judicial System ◽  
District Courts ◽  
Set Up ◽  
University Degree ◽  
Court Of First Instance ◽  
Law Professors ◽  
Administrative Tribunal

The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on JudicialPower of December 27, 1867, requirements for individuals who wanted to become judges.The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higherregional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.Judges were appointed for life by the emperor or relevant officials on his behalf. At the time of their appointment, they took anofficial oath and an oath to strictly abide by the constitution and laws of Austria-Hungary. All decisions were made on behalf of theemperor. Judges were recognized as free and independent in their decisions. In 1908, in Eastern Galicia, 63.8 % of judges were of Polishnationality and 31.8 % were Ukrainians. From 1870 in Eastern Galicia there was one higher legal court in Lviv and 5 district judges,and from the beginning of the XX century 10 district judges.The functions and powers of the Supreme Judicial and Cassation Tribunal in Vienna (the State Tribunal), which was the highestcourt in Austria, are highlighted. The competence of cases in which the State Tribunal made decisions as a court of first instance andthe procedure for their consideration are analyzed. The procedure of formation of the composition of the State Tribunal is covered.Along with the State Tribunal, the Administrative Tribunal was functioning in Austria, created on the basis of the law adopted bythe Austrian Parliament in 1875. The structure, powers and functions of the High Regional Courts, District Courts and County Courtsare analyzed. The peculiarities of the functioning of the Austrian judicial system in Galicia in 1867–1918 are highlighted.

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

America's Lone Star Constitution

2018 ◽  
Author(s):  
Lucas A. Powe Jr.
Keyword(s):  
Supreme Court ◽  
Capital Punishment ◽  
School Finance ◽  
Constitutional Law ◽  
Civil Liberty ◽  
Voting Rights ◽  
The Rich ◽  
The Relationship

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. This book charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberty, this book provides a window into the relationship between constitutional litigation and ordinary politics at the Texas Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

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