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Control of Constitutionality – V

A comparative analysis of civil and common law jurisdictions Mohammad Akram Sheikh Friday, November 12, 2010 Following is the continuation of the article published on Nov 11, 2010, issue of The News. ii See, e.g., Alec Stone Sweet, “Why Europe Rejected American Judicial Review and why it may not Matter,” JSTOR: Michigan Law Review, Vol….

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Control of Constitutionality – IV

A comparative analysis of civil and common law jurisdictions Mohammad Akram Sheikh Thursday, November 11, 2010   Following is the continuation of the article published on Nov 10, 2010, issue of The News. Many countries with civil law systems have since adopted some sort of judicial review in order to stem the tyranny of the…

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A comparative analysis of civil and common law jurisdictions – II

Mohammad Akram Sheikh Wednesday, November 10, 2010 Organisation and Basis of Control As noted earlier, specialized institutions or bodies have been established in some countries to exercise judicial or political control of constitutionality. These are: Constitutional Court. A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to…

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Control of Constitutionality – II

A comparative analysis of civil and common law jurisdictions Mohammad Akram Sheikh Tuesday, November 09, 2010 The control of the constitutionality of public actions is usually shared by the Supreme Court with subordinate courts like the high courts, and in such cases the Supreme Court acts as an appellate forum. US, India and Pakistan are…

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Control of Constitutionality – I

A comparative analysis of civil and common law jurisdictions Mohammad Akram Sheikh Monday, November 08, 2010 I wish, at the outset, to thank the International Association of Lawyers for giving me this opportunity to speak on the subject of constitutional review-an area in which I have had immense pleasure in assisting the superior courts in…