ICL Journal-Vienna Journal on International Constitutional Law最新文献_第3页

Parliamentary Sovereignty before and beyond Brexit 英国脱欧前后的议会主权

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-11-09 DOI: 10.1515/icl-2021-0024

Alexander Orakhelashvili

引用次数: 0

Frontmatter

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-09-01 DOI: 10.1515/icl-2021-frontmatter3

引用次数: 0

Social-Contractarian Money Social-Contractarian钱

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-07-29 DOI: 10.1515/icl-2021-0011

R. Hockett

引用次数: 0

Public Employees Restrictions on Political Activity in Canada, Australia, and the United Kingdom 加拿大、澳大利亚和英国的公职人员对政治活动的限制

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-07-27 DOI: 10.1515/icl-2021-0003

M. O'Brien

{"title":"Public Employees Restrictions on Political Activity in Canada, Australia, and the United Kingdom","authors":"M. O'Brien","doi":"10.1515/icl-2021-0003","DOIUrl":"https://doi.org/10.1515/icl-2021-0003","url":null,"abstract":"Abstract The political rights of public employees vary greatly in scope and depth across democratic societies. While some countries balance the need for a neutral government with the rights of its employees, others fail to provide meaningful avenues for expression of political activities. As the civil service has grown and become more vocal, the government’s desire for an impartial government has grown with it. Canada, Australia, and the United Kingdom, three Westminster-style governments who evolved from a once singular legal system, have adopted laws and regulations to address their employees’ political activities with varying effectiveness and form. This Article will analyze each country’s legal framework for these restrictions, within their larger free speech regime. In particular, this Article will use candidacy and social media activity as a lens to examine these restrictions and provide examples for how these restrictions most commonly effect civil servants’ political activities. Although each regime has successes and failures at balancing the government’s need for impartiality with the civil service’s rights to expression, Canada has most successfully established a balance between the government’s interests in neutrality with their employee’s rights to political expression.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76660511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pandemic Parliamentary Oversight of Delegated Legislation: Comparing the Performance of Westminster Systems 议会对授权立法的监督:比较威斯敏斯特系统的表现

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-07-27 DOI: 10.1515/icl-2021-0004

P. Dey, J. Murphy

{"title":"Pandemic Parliamentary Oversight of Delegated Legislation: Comparing the Performance of Westminster Systems","authors":"P. Dey, J. Murphy","doi":"10.1515/icl-2021-0004","DOIUrl":"https://doi.org/10.1515/icl-2021-0004","url":null,"abstract":"Abstract The COVID-19 pandemic is testing parliamentary systems of governance across the world, especially in relation to oversight of executive actions. Observers in multiple jurisdictions have already noted the proliferation of delegated legislation during the pandemic and the shortcomings in legislative oversight of the same. To date, however, no close analysis has been conducted of the way in which legislative oversight mechanisms have broken down during the pandemic. This paper provides such an analysis, using examples from Westminster systems adopting the ‘legislative model’ of providing extraordinary powers. Looking at individual examples from Australia, New Zealand and the United Kingdom, the analysis seeks to identify and explain the failures, and relative successes, in different mechanisms for parliamentary oversight, including parliamentary scrutiny committees (pre-existing and ad-hoc), disallowance, and sunset clauses. Although primarily descriptive, the comparative approach analysis permits preliminary conclusions to be drawn as to the way each jurisdiction may improve its methods of parliamentary oversight of delegated legislation. These comparative lessons will be of use both during and beyond the pandemic.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88320463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Right to Assisted Dying: Constitutional Jurisprudence and Its Impact in Canada, Germany and Austria 协助死亡的权利:加拿大、德国和奥地利的宪法学及其影响

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-07-27 DOI: 10.1515/icl-2021-0008

Kerstin Braun

{"title":"The Right to Assisted Dying: Constitutional Jurisprudence and Its Impact in Canada, Germany and Austria","authors":"Kerstin Braun","doi":"10.1515/icl-2021-0008","DOIUrl":"https://doi.org/10.1515/icl-2021-0008","url":null,"abstract":"Abstract Many states are grappling with the regulation of assistance in suicide and ending the life of another upon their request. Initially punishable in most countries, a growing number of jurisdictions have now introduced permissive frameworks decriminalising, to varying degrees, rendering assistance in dying. Other countries, however, have proceeded with the criminal prohibition and several courts have upheld the lawfulness of the respective criminal laws during human rights and constitutional challenges. Yet, the Supreme Court of Canada in 2015, the German Federal Constitutional Court in February 2020 and the Austrian Constitutional Court in December 2020 have respectively declared unconstitutional and void national criminal laws prohibiting rendering assistance in dying. This article first outlines the criminal law framework relating to assisted dying in Canada, Germany and Austria. It subsequently analyses the judgments before pondering their impact on the legal landscape in the three countries. The article concludes that while the Canadian Supreme Court decision appears to have had a significant impact on the introduction of subsequent legislation in Canada, the effects of the Constitutional Courts’ judgments seem much more subdued in Germany and are yet to unfold in Austria.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82924430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Compulsory Vaccination in a Fundamental Rights Perspective: Lessons from the ECtHR 基本权利视角下的强制疫苗接种:欧洲人权委员会的经验教训

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-06-01 DOI: 10.1515/icl-2021-0010

A. Krasser

引用次数: 10

Frontmatter

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-06-01 DOI: 10.1515/icl-2021-frontmatter2

引用次数: 0

Practice Makes Dialogue: Reconceptualizing Constitutional Interaction between Courts and Legislatures 实践促成对话:重新定义法院与立法机构之间的宪法互动

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-06-01 DOI: 10.1515/icl-2020-0033

Bell E Yosef

{"title":"Practice Makes Dialogue: Reconceptualizing Constitutional Interaction between Courts and Legislatures","authors":"Bell E Yosef","doi":"10.1515/icl-2020-0033","DOIUrl":"https://doi.org/10.1515/icl-2020-0033","url":null,"abstract":"Abstract The question of how to understand and conceptualize inter-institutional interaction between courts and legislatures, particularly in the context of constitutional challenges, has drawn considerable attention over the years. This question is of special importance to the apprehension of constitutional dialogue as simultaneously describing and shaping constitutional interaction. This article focuses on the descriptive aspects of the constitutional dialogue and through them proposes a reconceptualization of constitutional dialogue, which is not based on the mere existence of legislative responses or the number thereof, or on the existence of different structural constitutional mechanisms. Instead, this reconceptualization is based on the de facto use in constitutional practices during the routine constitutional examination process, by the judiciary and political branches altogether. The article introduces a breadth-and-depth approach, which observes many constitutional decisions and legislative responses and uses them to analyze the nature of courts-legislatures dynamics. These insights are derived not only from the mere existence of a ruling or a statute, but also from the content and design of the institutional outcome thereof. The conclusions drawn using this approach are comprehensive, providing insight into the constitutional and dialogic interaction between courts and legislatures in each constitutional system, as well as identifying trends and changes as they occur. The article also offers an application of this approach to Israeli jurisprudence, illuminating the depth and complexity of this interaction, and enabling us to recognize it as a constitutional system with strong dialogic characteristics.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82958367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ester Herlin-Karnell: The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification 埃斯特·赫林-卡内尔:欧洲“自由、安全和正义”领域的宪法结构与正当性权利

IF 0.2

ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2021-06-01 DOI: 10.1515/icl-2021-0016

A. Vincze

引用次数: 0