In March 2004, the National Assembly of South Korea impeached President Roh Moo-hyun and brought about an immediate suspension of Roh's presidency. Two months later, the Constitutional Court of Korea restored the status quo by dismissing the impeachment and reinstating the President. This episode marks the first time in the history of modern constitutionalism that a president impeached by a leg...

This past year, Judge Richard Posner published a pair of essays endorsing the common law method of constitutional interpretation. “David Strauss is right,” he wrote, in a contribution to Slate’s annual Supreme Court Breakfast Table. “The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those ...

The Patient Protection and Affordable Care Act ignited a political firestorm and raised intriguing new questions of constitutional law. Cutting a path between the liberals and conservatives on the US Supreme Court, Chief Justice John Roberts made small adjustments in established constitutional law to uphold key features of the act. In doing so, he not only upheld the statute but also left the l...

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role o...

nowadays, right to environment, during constitutions, court decisions and administrative procedures, in internal public law have been identified and secured. the recognition of this right in public law is dependent on normative evolutions. with the promotion of the tight to environment in constitutional norms, we can speak about the real impact of the constitutionalization in contemporary publi...

from the perspective of experts, custom as moral rules binding takesplace in source of law. however, clarify its position in constitutional lawneeds to know history of custom presence in basic documents which governon human societies. known dividing constitutions into two main categories,codified and customary, only will be clarified part of the extensive.because above division, as many experts...

normative constitution is the highest law system and the consistency of this system requires, following the rules below from the superior rules. from this view, preservation of the constitution as the fundamental law governing the legal system of each country needs to legal ways of controlling instruments. this process is followed from two distinct complementary routes of constitutionalization ...