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AbstractA fully justiciable Bill of Rights in South Africa’s new constitution heralded fundamental change for all the laws inherited from the previous regime. African customary law was a particular target, since many of its rules are imbued with a patriarchal tradition, which is in direct...
AbstractThis Article argues that in order to understand the constitutional categories of a polity governed by Confucian norms, we must seize upon the idea of ritual as the key concept. By describing the Confucian view of “ritual” as the basis for political legitimacy, the Article shows how...
AbstractThis Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and...
AbstractThe colonial construction of customary law has crucially shaped modern Korean civil law and jurisprudence. Following Korea's annexation by Japan in 1910, the colonial authorities imposed Japan's civil law as the general law in Korea but decreed that most private legal relations among the...
AbstractThis Article examines legislative attempts to preclude judicial review through statutory provisions that purport to strip courts of their jurisdiction. At bottom, these “ouster clauses” raise serious questions about relationships among organs of government, judicial independence, and...
AbstractOver the last decades, the ever-growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. Using the example of the Czech Republic, this Article offers a case study of this...
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