Annotation taken, in the perspective of criminal and constitutional law, as well as in criminology, to the decision of the portuguese constitutional court, of January 13, 2011 – with respect to the problems of “consent” and “medical act”

1 – Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2 – Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President) –in terms of the tribunalconstitucional.pt, August 1, 2011; 3 – Brief annotation to the problem of the “medical act”; 3.1 – Plus some conclusions on the brief annotation to the problem of the “medical act”; 3.2 – Brief annotation to the problem of “consent”– continuation of the previous comments; 4 – Conclusions. It must never be forgotten that “consent” does not stand as the only cause of exclusion of unlawfulness.

Vir sapiens dominabitur astris: astrological knowledge and practices in the Portuguese medieval court (king João I to king Afonso V)

Dissertação apresentada para cumprimento dos requisitos necessários à obtenção do grau de Mestre em História Medieval

The future of the Eurozone and the role of the German Constitutional Court. Research Papers in Law, 05/2012

[Introduction.] Necessary reforms towards a deepened and increased European shaped economic, financial and budgetary policy, paraphrased with the term “fiscal union”, could possibly reach constitutional limits. In its EFSF judgment1, the German Constitutional Court, following the Lisbon judgment in which certain government tasks were determined as being part of the “constitutional identity”2, connected the budget right of the parliament via the principle of democracy to the eternity clause of Art. 79 para 3 Basic Law. A transfer of essential parts of the budget right of the German Bundestag, which would be in conflict with the German constitution, is said to exist when the determination of the nature and amount of the tax affecting the citizens is largely regulated on the supranational level and thereby deprived of the Bundestag’s right to disposition. A reform of the Economic and Monetary Union that touches the core of the budget right can, according to the German Federal Court, with regard to Art. 79 (3) of the Basic Law only be realized by way of Art. 146 of the Basic Law, thus with a new constitution given by the people that replaces the Basic Law.3

Die deutsche Europapolitik unter den Vorgaben des Bundesverfassungsgerichts = The German European policy under the provisions of the Federal Constitutional Court. ZEI Discussion Paper No. C 218, 2013

No abstract.

A Critique of Kosovo’s Internationalized Constitutional Court. EDAP 2014/02

The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

A digest of the laws of the United States & the State of South-Carolina now of force, relating to the militia : with an appendix, containing the patrol laws; the laws of the government of slaves and free persons of colour; the decisions of the Constitutional Court and Court of Appeals of South- Carolina therein; and an abstract from the rules and regulations of the United States' Army /

Mode of access: Internet.

Reports of judicial decisions in the Constitutional court, of the state of South-Carolina; held at Charleston and Columbia, during the years 1812, 13, 14, 15, and 16. To which is added, two cases determined in the Court of equity in the year eighteen hundred & twenty-two.

Mode of access: Internet.

Reports of cases determined in the Constitutional Court of South Carolina.

"Appendix. Note A. On the subject of nudum pactum, in connexion with the Statute of frauds ... " v. 3, p. [569]-595.

Reports of cases determined in the Constitutional Court of South-Carolina /

Includes cases from 1823-1824.

Judicial Impartiality and Independence in Divided Societies: An Empirical Analysis of the Constitutional Court of Bosnia-Herzegovina

The role of Constitutional Courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision-making and, consequently, undermine judicial independence and impartiality. With reference to the decisions of the Constitutional Court of Bosnia-Herzegovina, this article investigates the influence of ethno-nationalism on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court’s decisions, we find that the judges do in fact divide predictably along ethno-national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long-term tenure does little to dampen the influence of ethno-nationalism on judicial behaviour. Moreover, our findings suggest that the longer a judge serves on the Court the more ethno-national affiliation seems to influence her decision-making. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.

Minimum Vital of Drinking Water in the Jurisprudence of the Colombian Constitutional Court

The minimum vital of drinking water for vulnerable people isprotected by the Colombian Constitutional Jurisprudence,locally and nationally. The Constitutional Court has created asolid jurisprudential line on the right to water in relation to thesuspension of water supply service for the customer’s failure topay for the service; this Court has also defined the conditionsnecessary for the companies to refrain from suspending serviceand the minimum amount necessary for survival. Compliance withthese sentences has been limited to the orders pronounced to thebenefit of the company that provides such service, including theexecution of payment agreements for accessing the water supply.The implementation of the free minimum vital of drinking water inColombia has been defined through targeting and requirements thatare set only to benefit market laws, such as payment agreements,except for Bogota that, from the point of view of human rights,has proposed the respect for the minimum vital of drinking waterfor all social strata.

Anotação sintética, numa perspectiva de Direito Público, ao Acórdão n.º 63/2006, em Plenário, do Tribunal Constitucional (português), de 24 de Janeiro de 2006 - qual proibição constitucional de impostos retroactivos? A tese de Oliveira Salazar.

Resumo: 1 – Sumário do Acórdão do Tribunal Constitucional n.º 63/2006, de 24 de Janeiro de 2006; 2 – Texto completo do Acórdão do Tribunal Constitucional n.º 63/2006, de 24 de Janeiro de 2006: cfr. http://www.tribunalconstitucional.pt/tc/acordaos/20060063.html , 18 de Maio de 2012; 3 – Anotação sintética; 3.1 – Introdução à anotação sintética e suas características neste caso concreto; 4 – A referência, abstracta e concreta, do princípio constitucional da «proibição de impostos retroactivos»; 5 – Alguns aspectos nucleares da eficácia temporal das normas jurídico-tributárias, brevitatis causa, das normas jurídico-fiscais; 6 – A chamada «aplicação das normas fiscais» (e/ou tributárias) no seio da «aplicação no tempo»: algumas breves notas sobre a tradição jurídico-lusitana, v.g. do ponto de vista da doutrina, a partir de 1976, designadamente até 1985; 6.1 – A tese de António de Oliveira Salazar; 7 – Conclusões. § Abstract: 1 - Summary of the Judgment of the Constitutional Court n. 63/2006 of January 24, 2006; 2 - Complete text of the Judgment of the Constitutional Court n. 63/2006 of January 24, 2006: s. http://www.tribunalconstitucional.pt/tc/acordaos/20060063.html , May 18, 2012; 3 - Synthetic Note: 3.1 - Introduction to syntheticannotation and its characteristics in this case; 4 - The reference, abstract and concrete, the constitutional principle of «prohibition of retroactive taxes»; 5 - Some aspects of nuclear the temporal validity of the legal and tax rules, brevitatis causa of legal and tax rules; 6 - the so-called «implementation of tax laws» (and/or tax) within the «Application in time»: some brief notes on the legal tradition -Lusitanian, e.g. from the standpoint of doctrine, from 1976, namely until 1985; 6.1 - The thesis of António de Oliveira Salazar; 7- Conclusions. PS: este "abstract" está tal qual como na publicação.