Disputing the application of laws: the constitutionality of the Brazilian Statute against domestic violence in the courts

This study aimed to map the key positions regarding the constitutionality of the Maria da Penha Law (Law 11.340/2006) in the Brazilian judicial system. The law, the result of political struggles by the Brazilian feminist movement, has been the subject of discussions in the public sphere and actions aimed at consolidating its constitutionality before the Federal Supreme Court. We examined and discussed the arguments used in the Courts, intending to show that the creation of law is not limited to the legislative moment, but rather that its social meaning is also constituted through disputes within the Judiciary.

Constitutionality: Conditions for Crafting Local Ownership of Institution-Building Processes

This article presents constitutionality as a new approach for analyzing bottom-up institution-building processes emphasizing local perceptions and local agency in common pool resource management. Using four case studies—fisheries in Zambia; pasture and forestry in Mali; fisheries in Indonesia; forestry in Bolivia—this approach analyzes examples of local institution building differing from top-down imposed participation. Our analysis highlights six components of constitutionality: emic perceptions of the need for new institutions, participatory processes of negotiation, preexisting institutions as a basis for institution building, outside catalyzing agents, recognition of local knowledge, and higher level acknowledgment of the new institutions.

Summary of major legislation, and of federal court decisions on its constitutionality, 1933-1940 : summary of major legislation, 1933-1940, with the various amendments to each basic act, and decisions of the federal courts as to the constitutionality of the basic and amending acts.

"This document was prepared by W. H. McClenon, in charge of the Federal Law Section."--p. iii.

Constitutionality of Federal aid to education in its various aspects. Miscellaneous memorandums of the Secretary of Health, Education, and Welfare; and opinions of certain scholars of the law relative to S. 1021 (a bill to authorize a program of Federal assistance for education) and related subjects, submitted upon request of the Subcommittee on Education of the Committee on Labor and Public Welfare; and a legal analysis of the Administration's brief on Federal aid to church-supported elementary school,

Mode of access: Internet.

[Documents bearing on the suit brought by the Commonwealth of Massachusetts in the Supreme Court of the U.S. to test the constitutionality of the Sheppard-Towner Act involving the principle of federal aid legislation.]

Mode of access: Internet.

In the Supreme Court of the State of California : the People, etc., respondent, vs. the Hibernia Savings and Loan Society, appellant; argument of Eugene Liès, Am. Cu. against the constitutionality of laws taxing credits.

Mode of access: Internet.

The law of zoning. A review of the constitutionality of zoning regulations which control buildings in accordance with a general plan of municipal development.

Mode of access: Internet.

Review of the case of the free bridge between Boston and Charlestown : in which the expediency and constitutionality of that measure are considered : with a statement of the legislative proceedings upon it at the late January session, including the public documents.

Mode of access: Internet.

Argument of James L. Petigru, Esq. : delivered before the Court of Appeals, at Charleston, on the constitutionality of an act of the Legislattre [sic], passed 19th December, 1833, entitled An act to provide for the military organization of this state.

Text in double columns.

Expanding our Constitutional Horizons: A Comprehensive Study of Quasi-Constitutionality in Canada

A number of laws in Canada which uphold rights are referred to as quasi-constitutional by the courts in recognition of their special importance. Quasi-constitutional statutes are enacted through the regular legislative process, although they are being interpreted and applied in a fashion which has become remarkably similar to constitutional law, and are therefore having an important affect over other legislation. Quasi-constitutionality has surprisingly received limited scholarly attention, and very few serious attempts at explaining its significance have been made. This dissertation undertakes a comprehensive study of quasi-constitutionality which considers its theoretical basis, its interpretation and legal significance, as well as its similarities to comparable forms of law in other Commonwealth jurisdictions. Part I examines the theoretical basis of quasi-constitutionality and its relationship to the Constitution. As a statutory and common law form of fundamental law, quasi-constitutionality is shown to signify an association with the Canadian Constitution and the foundational principles that underpin it. Part II proceeds to consider the special rules of interpretation applied to quasi-constitutional legislation, the basis of this interpretative approach, and the connection between the interpretation of similar provisions in quasi-constitutional legislation and the Constitution. As a statutory form of fundamental law, quasi-constitutional legislation is given a broad, liberal and purposive interpretation which significantly expands the rights which they protect. The theoretical basis of this approach is found in both the fundamental nature of the rights upheld by quasi-constitutional legislation as well as legislative intent. Part III explores how quasi-constitutional statutes affect the interpretation of regular legislation and how they are used for the purposes of judicial review. Quasi-constitutional legislation has a significant influence over regular statutes in the interpretative exercise, which in some instances results in conflicting statutes being declared inoperable. The basis of this form of judicial review is demonstrated to be rooted in statutory interpretation, and as such it provides an interesting model of rights protection and judicial review that is not conflated to constitutional and judicial supremacy.

A legitimidade das Entidades Corporativas no Controle de Constitucionalidade brasileiro

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2015.