Articles

• Courts and the marginalized: Comparative perspectives

  9 avril, par Gloppen, S., Sieder, R.
  Those landmark cases where courts have assertively defended the rights of poor, vulnerable, or insular groups—such as homosexuals, refugees, or indigenous peoples—even in the face of social hostility and indifference have generated considerable interest in the role of courts as protectors of the (...)

• Courts and marginalized groups: Perspectives from Continental Europe

  9 avril, par Guarnieri, C.
  Until mid-twentieth century, Continental European judiciaries were considered integral with the established order. Today, the situation has changed: the subordination of the judge to political majorities is declining. Judicial review of legislation has been introduced, and judicial independence (...)

• The judiciary and indigenous rights in Guatemala

  9 avril, par Sieder, R.
  In Latin America, indigenous peoples constitute a marginalized group that is using the courts, increasingly, as one means by which to pursue and defend its rights. In part, this is a result of the juridification of its collective rights through processes of constitutional reform across the (...)

• Claiming individual rights through a constitutional court: The example of gays in Costa Rica

  9 avril, par Wilson, B. M.
  In 1989, a newly created Constitutional Court (Sala IV) immediately became a highly active court, ending over 160 years of Costa Rican judicial inactivity. The magistrates’ actions breathed new life into the Constitution, ended judicial deference to elected officials, and consequently (...)

• Courts and the poor in Malawi: Economic marginalization, vulnerability, and the law

  9 avril, par Gloppen, S., Kanyongolo, F. E.
  Malawi's democratic Constitution of 1994 shifted the law in a pro-poor direction. With the judiciary emerging as a surprisingly strong institution in an otherwise weak political system, one might expect a body of pro-poor jurisprudence to develop. This has not been the case, and this article (...)

• The Supreme Court of Japan

  9 avril, par Dorsen, N.

• The Supreme Court of Japan: Its adjudication on electoral systems and economic freedoms

  9 avril, par Hasebe, Y.
  Though provided with the authority to strike down any official act, the Supreme Court of Japan has been widely regarded as reluctant to use that very substantial power. The author describes some institutional and doctrinal factors that might explain the Court's seemingly passivist stance, (...)

• The birth of judicial review in Japan

  9 avril, par Kawagishi, N.
  Judicial review was introduced to Japan when the current constitution took effect in May 1947; this paper examines how it was institutionalized in the postwar period. Although it was established almost by accident, judicial review has profoundly transformed the Japanese political process. We (...)

• The voting rights of Japanese citizens living abroad

  9 avril, par Matsui, S.

• Aversive constitutionalism in the Westminster world: The genesis of the New Zealand Bill of Rights Act (1990)

  9 avril, par Erdos, D.
  This article provides a new explanation of the genesis and nature of the New Zealand Bill of Rights Act of 1990. The existing literature generally sees the adoption of bills of rights as an effort to entrench the policy preferences of electorally endangered political constituencies; the New (...)

0 | 10 | 20