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Anja Schoeller-Schletter - Constitutional Review in the Middle East and North Africa

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Anja Schoeller-Schletter (ed.)

Constitutional Review in the Middle East and North Africa

Series: Nahoststudien. Middle Eastern Studies

Volume 4 2021

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Salma Waheedi Guarantees and Challenges of Judicial Independence: The Constitutional Courts of Kuwait and Bahrain as Case Studies S. 61-76

„… Guarantees and Challenges of Judicial Independence: The Constitutional Courts of Kuwait and Bahrain …” „… guarantees of the independence of the judiciary and the rule of law. The constitutions of Kuwait, Bahrain …” „… Memorandum also reveals the drafters’ full awareness that a guarantee of the independence of the court is …”

Francesco Biagi Constitutional Review after the Arab Spring: Reforms, Challenges and Perspectives S. 161-188

„… fact, after obtaining their independence, or over the following decades, a number of Arab countries …” „… independence vis-à-vis the executive branch. This was partly due to the fact that the head of state often …” „… threat to the independence of these institutions. In Syria, for example, the four-year term could be …”

Salma Waheedi Islamic Sharia in the Legal Orders of Saudi Arabia and Kuwait S. 307-328

„… following its independence from Great Britain that reveals an aspiration to create a more inclusive legal …” „… individual rights and liberties. It guarantees certain rights, such as the right of movement, the right to …” „… Muslim Kuwaiti population. Nevertheless, with the modern organization of the post-independence state …”

Nathalie Bernard-Maugiron Religious References in the Constitutions of the Arab World: Islamization of the Constitution or Constitutionalization of Religion? S. 271-290

„… faithful” (Amir al-mu’minin) (art. 41). He shall ensure compliance with Islam and guarantee the free …” „… interests of the people and to safeguard the independence and territorial integrity of the nation.” (art …” „… however has always been trying to keep its independence from the State. See for instance Nathan Brown and …”

Rainer Grote The Changing Constitutional Framework of Church-State Relations in Europe S. 329-344

„… constitutional space of the European states, particularly the guarantees in the European Convention of Human …” „… guarantee of the freedom of religion is framed in somewhat restrictive terms. The practice of rites of …” „… , each acknowledging the independence and autonomy of the other. The principles governing the …”

Fawaz Almutairi The Kuwaiti Constitutional Court and its Role in Protecting the Fundamental Liberties S. 137-160

„… lawyers registered with the Constitutional Court in addition to the payment of a guarantee amount of 5,000 …” „… unconstitutionality of a law or regulation, it shall be null and void. The law guarantees the right of both the …” „… according to the public interest. The decision also indicated that the Constitution also “guarantees …”

Francesco Biagi Constitutional Review in Algeria Following the 2016 Reform: With Particular Reference to the “Exception of Unconstitutionality” S. 93-118

„… constitutional amendments,7 which threw into considerable doubt the effective independence of the Council from …” „… independence of the judiciary was (partially) reinforced. The 2016 reform introduced some major innovations …” „… merit and expertise are extremely important as they can help to foster the Council’s independence …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Jordan 47 Sufian Obeidat Guarantees and Challenges of Judicial Independence: The Constitutional Courts of …” „… Schoeller-Schletter Constitutional Review and Judicial IndependencePart I: The Appointment of the Members of the …” „… Algerian Constitutional Council 35 Wissam Benyettou The Independence of Constitutional Judges: The Case of …”

Sufian Obeidat The Independence of Constitutional Judges: The Case of Jordan S. 47-60

„… The Independence of Constitutional Judges: The Case of Jordan Sufian Obeidat Abstract This study …” „… aims to demonstrate why the independence of constitutional judges in Jordan is undermined. The study …” „… independence of the constitutional judges in Jordan, this chapter starts by revisiting and assessing the …”

Gertrude Lübbe-Wolff Integrating or Polarising? How to Promote Integrative Decision-Making in Constitutional Courts S. 189-208

„… most atrocious types of disinte- 1. 189 gration. Constitutions guarantee fundamental liberties and …” „… integrators rather than polarisers. Judicial independence and integrity, which both depend on complex sets of …” „… unconstitutional (only) because it disproportionally interferes with a constitutionally guaranteed right. Where …”

Anja Schoeller-Schletter Mapping Constitutional Review in the Middle East and North Africa: Historic Developments and Comparative Remarks S. 11-32

„… judicial independence to constitutional courts and councils, • Procedures for the protection of fundamental …” „… demands for judicial independence, nomination and appointment procedures have become subject to critical …” „… past years, “constitutional review” has gained prominence in regional debates. The guarantee of …”

Wissam Benyettou The Appointment of the Members of the Algerian Constitutional Council S. 33-46

„… Part I: Constitutional Review and Judicial Independence The Appointment of the Members of the …” „… composition and mandate (French).1 Introduction Algeria has a constitutional council since its independence …” „… a "guarantor of the independence of the judiciary". In other words, judges eligible to become …”

doi.org/10.5771/9783748912019

Gerd Bender, Michael Stolleis, Jani Kirov - Konflikt und Koexistenz

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Gerd Bender (ed.), Michael Stolleis (ed.), Jani Kirov (ed.)

Konflikt und Koexistenz

Series: Studien zur europäischen Rechtsgeschichte

Volume 292 2015

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T. Parveva The Establishment of the Modern Bulgarian Judiciary S. 825-858

„… Guarantees for Judicial Independence In January 1910, and at the invitation of the Bulgarian Literary Society …” „… the judicial system to enhance the guarantees for judicial independence.50 In this thorough and …” „… . 56 Ibid. Teodora Parveva 837 authority and the establishment of guarantees for its independence had …”

E. Augusti 1869-1878. Towards the Reorganization of the Balkan Area S. 21-60

„… from the embassies, especially Ottomans, to work with the required independence.24 In a short time …” „… general principles of international law, nor to the special guarantees made in the capitulations. In …” „… complete religious freedom; 2. Abolition of the »fermage« of taxes; 3. A law to guarantee the direct …”

C. Turliuc Constitutional Law as a Political Program in Romania 1856-1914 S. 531-574

„… society, and also gain and preserve the fully-fledged independence of the Romanian state? What was the …” „… called »The War of Independence«. Cătălin Turliuc 533 Party (D.N.P), established in 1910 by the …” „… independence, a genuine internal autonomy, equal rights for all citizens, abolition of serfdom and a land …”

M. Guțan Legal Transplant as Socio-Cultural Engineering in Modern Romania S. 481-530

„… independence (from the Ottoman Empire) agenda. If legitimation and independence meant internationalization …” „… developed as a Romanian »declaration of independence«. After decades when the law had been enacted from …” „… the outcome of the fully gained state independence, legal modernization in Romania has been the cause …”

M. Belov Establishment of Modern Constitutional Principles in Bulgaria S. 859-896

„… international independence. The partial democratization and liberalization of these systems have also produced …” „… more autonomy for the sub-societies resulting finally in their independence in the form of sovereign …” „… future success of Bulgaria’s national unification. Moreover, from the independence of Bulgaria in 1908 …”

A. Florin Sora The History of Penal Law in Romania S. 575-632

„… yet a sovereign state (its independence from the Ottoman Empire was recognised at the 1878 Congress …” „… , fairness and justice was closely connected to a fair lawsuit and represented a guarantee to the trial to a …” „… Romanian society, penal reform signified, at least in theory, that all the inhabitants were guaranteed …”

B. Iancu Constitutionalism between Transplant and Irritation S. 459-480

„… independence.8 This amendment was passed at the behest of repeated Commission requests to entrench the …” „… principle of judicial independence, coupled with the functional inability of the said Commission to propose …” „… considerations (the independence and accountability – including professional accountability – of the individual …”

D. Mishkova Domesticating Modernity. Transfer of Ideologies and Institutions in Southeastern Europe S. 723-754

„… (e. g. equality before the law, guarantee for property, personal safety). Ottoman judicial reform …” „… firmly championed ›national rights‹ and the ›principle of nationality‹, which meant independence for the …” „… , fiscal, judicial and educational fields. Aspirations of independence and unification, and of social or …”

R. Kostadinova Formation of Bulgarian Criminal Law in the Post-Ottoman Liberation Period S. 755-794

„… independence, and the reestablishment of statehood and a new national legislation, should be carried out …” „… provision of guarantees for the rights of all subjects. For example, the principle of social equality …” „… political independence, and as such to the Bulgarian people this war is considered to be a liberation war …”

doi.org/10.5771/9783465142461

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VRÜ Verfassung und Recht in Übersee

Browse Volumes: VRÜ Verfassung und Recht in Übersee

VRÜ | WCL Volume 6 (1973) Issue 2 ISSN Online: 2941-9603

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Thierry G. Verhelst Legislation on the Judiciary: Fantasy Law or Programmed Expectations? S. 137-152

„… Benelt, in order to guarantee their independence frorn the executive. The members of the Department of …” „… Ghanaians, the guardian of the Constitution, in short, the citadel of justice. The independence of judges …” „… about the interpretation to be given to the principle of separation of powers and the independence of …”

Albert Chedal La Conservation de la Nature en Afrique et le Droit International de l´Environnement. La Convention d´Alger 1968 et la Conférence de Stockholm 1972 S. 153-171

„… lack the guarantees necessary for the proper functioning of a good judiciary. It deals with the …” „… hunting and wildlife. - After independence, the African countries had to reconsider the problem on a …” „… ownership of land, even in the traditional sector. Since independence, the government under the leadership …”

doi.org/10.5771/0506-7286-1973-2

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VRÜ Verfassung und Recht in Übersee

Browse Volumes: VRÜ Verfassung und Recht in Übersee

VRÜ | WCL Volume 6 (1973) Issue 1 ISSN Online: 2941-9603

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James S. Read Bills of Rights in "The Third World": Some Commonwealth Experiences S. 21-47

„… the peak period of British decolonisation in the 1960s. Almost every one of the independence …” „… constitutions which took effect during that decade included a chapter giving specific guarantees of the …” „… constitutional guarantees which previously applied. Of course, bills of rights were by no means new to the …”

Margaret Rogers The Kenya Land Reform Programme – A Model for Modern Africa? S. 49-63

„… introduction of alien land law concepts, either English, German or Indian. At independence, most African …” „… bean, also have bills of rights. It may, however, be questioned whether the consti tutional guarantees …” „… mili tary government) - perhaps because, with the exception of India, the guarantees, although …”

doi.org/10.5771/0506-7286-1973-1

Hilke Thiedemann - Judicial Independence

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Hilke Thiedemann

Judicial Independence

Series: Recht und Verfassung in Afrika - Law and Constitution in Africa

Volume 22 2007

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Richterliche Unabhängigkeit und Unparteilichkeit S. 86-92

„… guarantees against outside pressures and the question whether the body presentsan appearance of independence …” „… andthe Human Rights of Detainees: Study on the Independence and Impartiality of the Judiciary, Jurors and …” „… Assessors and the Independence of Lawyers, UN Doc. E/CN.4/Sub.2/1985/18, No. 80.320 Universal Declaration of …”

Summary S. 435-442

„… 435SummaryThis thesis analyses the constitutional guarantee of judicial independence and …” „… the guarantee of judicial independence in practice in part (C.) This part issubdivided into …” „… guarantee of judicial independence constitutes an established constitutional concept in Germany, a written …”

Ethische Verhaltensstandards S. 92-94

„… werden. Während die UNBasic Principles on the Independence of the Judiciary sich in erster Linie an …” „… must offer sufficient guarantees toexclude any legitimate doubt in this respect”.353 So der …” „… Inter-American Court of Human Rights, Advisory Opinion of October 6, 1987, No.OC-9/87, Judicial Guarantees in …”

Gesicherte Amtszeit (security of tenure) S. 292-314

„… Independence of the Judiciary:„Judges, whether appointed or elected, shall have guaranteed tenure until a …” „… . 232. Die UN Basic Principles on theIndependence of the Judiciary verlangen dementsprechend: „The term …” „… of office of judges,their independence, security, adequate remuneration, conditions of service …”

Anhang: Guidelines for Judges of South Africa S. 443-446

„… uphold the independence of the judiciary and the authority of thecourts, and should maintain an …” „… independence of mind in the performance of judicialduties. A judge should also take all reasonable steps to …” „… independence of the judiciary when considering a request to perform nonjudicial functions for or on behalf of …”

doi.org/10.5771/9783845204048

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