Questions related to Comparative Constitutional Law
State secret is a constitutional limitation reason for freedom of expression in Turkey. So I am looking for the laws or procedural legal principles which are balancing state secrets and human rights. I am searching laws about state secret privilege or state secrecy procedures.
Is there any constitutional or statutory provision ensring multiparty politics in your country? Or Is there any anti-floor-crossing law in your country? I need to run a comparative study on this.
Anti-floor-crossing laws restrict members of the parliament from voting against their party's stand.
The "Basic Feature" doctrine in constitutional law has its realistic origin in India. By the Kesavananda Bharati & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) no 135 of 1970) it got final face in India. But it was adopted in some other countries as well (like Bangladesh and Pakistan). It makes some parts of a constitution unamendable. The normal process of amending the provisions of the contitution doesn't apply for these parts. And this theory is distinct from the French concept of "Constitutional Block" (established by the Constitutional Council in the case of (71-44DC)). However, this basic feature doctrine basically protects the fundamental basis of the constitution, like governmental form, fundamental rights, directive principles or preamble, to some extent.
But one question remains,if you think that a balance between extreme rigidity and extreme flexibility is preferred then what is your view on imposing an extra layer of protection over some constitutional dictrines which have the features to be called as the basic feature of a constitution?
On 1 July 2012, the preliminary reference procedure was introduced at the Supreme Court of the Netherlands. When lower civil courts face controversial points of law, they may refer a question of interpretation to the Supreme Court and request a preliminary ruling. This way, the Supreme Court should be able to provide legal practice with a faster and more specific response to pressing legal questions than through the ‘ordinary’ procedure.
This preliminary reference procedure is not a modern invention. It was already known in Rome, existed in a specific form in France (référé législatif, where a question of interpretation was referred to the legislator), was used at the Italian Corte Costitutionale and has been a powerful tool for the development of EU law by the European Court of Justice in Luxembourg (see the attached blog and article). Furthermore, Protocol 16 to the ECHR will allow highest courts of states that have ratified this Protocol to refer a question of principle to the European Court of Human Rights for an advisory opinion.
I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in your country refer a question of interpretation to the highest court(s) in your country? Did such an instrument once exist, or is the introduction of such an instrument currently under consideration in your country?
I am also interested in literature on this subject and in other relevant international examples.
Your help is greatly appreciated,
Corruption in police departments: Undoubtedly subject matter is concerned with the government of the state but representation was submitted to the accountable public functionaries of state and senior rank officers in the state and when the aggrieved didn't get justice then he preferred to submit the application before the central government as justified in the federal system where central monitors the activities of the government through its agent i.e. governor and his office and this agent gives its report to centre that whether the government is running in accordance with the framework of the constitution or not? Consequently, the central government takes action in order to establish the machinery of the state in accordance with the framework of the constitution if the state does not support then centre may also take action against the government of the state. Here applicant is aggrieved with the lawlessness and anarchy in the state so wants to seek interference of the appropriate public functionaries in the matter against the unlawful step of the public functionaries of the state but incompetent staffs of the government of India habitually as made practice, sending the matter to state in the name that matter is concerned with the state government which is reflection of lawlessness, anarchy and chaos in the system. When our courts have been unresponsive, then where to seek justice a common man is a burning question?
Diffeent federations provide states with different levels of autonomy in what regard their capacity to frame their own constitutions and define their own constitutional rules. What differentiate federations in what concern this issue?
In order to reach proportional representation, the Belgian Constitutional Court ordered a redistricting so that every electoral district has at least 4 seats. Three districts with 2 or 3 seats were deemed too small to have genuine proportionality. (The case affected the Walloon regional parliament)
Are there similar court-imposed magnitude constrains in other countries using proportional representation?
What I'm trying to do is to compare linguistically the text of constitutional law from some different countries. In order to facilitate this analysis, I need some databases or tools which contain German and English corpora, annotated by tags and parsings. I would also appreciate if anybody suggest me identical researches. Thank you.
I am studying the impact of family relations between monarchs on their activity as state organs (diplomacy, peace-talks, business agreements, international treaties, and all other political activities).
In some cases the government and the ruling regime might manipulate the democratic institutions of the country to its advantage, to stay in power for as long as possible, like enacting laws to that effect, utilizing the national media to direct the masses in specific direction etc.?