Albania's Constitutional Court as a Guarantor of Fundamental Rights

Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

Do Constitutional Rights Matter?∗

The critique of constitutions as mere parchment barriers is as old as the practice of writing them down. Yet states put a good deal of energy into drafting constitutions and some, inevitably, do so with the intention of abiding by their provisions. The purpose of the following article is to explore this possibility. I develop a theory of constitutional enforcement and test it using data spannin...

Evolution of the European Court of Human Rights encountering with challenges of the right to life: A Case Study of Fundamental Abortion and Mortality Votes

The right to life is one of the fundamental human rights that has been recognized and guaranteed in all religious texts and in many international documents, including the European Convention on Human Rights. Nevertheless, at the same time as the ease of meaning, its conceptual difficulty has been challenged by various lawyers. This Include the death penalty, suicide, Otanazi, abortion as the mo...

Chase Court and Fundamental Rights: A Watershed in American Constitutionalism, The