VRÜ Verfassung und Recht in Übersee

Although the Supreme Court of Japan has long been reluctant to apply international human rights law as binding law, some Justices recently referred to human rights treaties and recommendations of treaty bodies in a positive manner in constitutional...

Many scholars have discussed how international laws are applied in ordinary courts. However, very few documents and legal scholars in Cambodia have discussed how international laws are approached by the Constitutional Council. The Council is...

In some jurisdictions of the Global South, courts seized with social rights claims have occasionally issued orders that help build state capacity. These remedies can take various forms. Some are managerial, others are dialogic. Some are specific and...

The relationship between constitutional theory and constitutional comparison is an area of evolving scholarly interest and concern. Constitutional theory has long engaged in dialogue with constitutional practice, but often that dialogue is more...

This article examines the relevant constitutional and legal frameworks on political parties, multipartyism and political opposition in anglophone Eastern Africa. Using Kenya, Uganda and Zimbabwe as case studies, it shows that while these countries...

To understand the mechanism of social governance employed to facilitate surveillance and exert control over popular contention and organized opposition in the People’s Republic of China by and beyond the law, we introduce the concept of...

Courts can play a critical role in protecting the democratic participation of opposition parties. In this article, we examine the role of apex courts in South Africa and Zimbabwe as forums for democratic contestation by opposition parties....

This article categorizes Pakistan as a hybrid regime, as opposed to one operating under deep state, by tracing the roots of military dominance to the colonial Martial Race Theory. In this context, the article dissects who constitutes as political...

Fourth-branch accountability can be characterized as a constitutional trust-type mandate to provide intrastate nonpartisan accountability with a broad repertoire of institutional capacities. Fourth-branch institutions play a significant role in...

The scholarship on the role of opposition in parliaments has highlighted a dual role for the opposition, that is to extract accountability from the government and to be prepared as the “government-in-waiting”. However, there are significant...

Parliamentary opposition in Morocco has long been fragmented and confined. However, the Moroccan Constitution of 2011 solemnly enshrines the status of the parliamentary opposition, demonstrating the sincerity of its recognition. This enshrinement,...

When courts are faced with claims for unenumerated constitutional rights, it is very common for them to state that the separation of powers requires them to stay away from recognising such rights. I scrutinise the validity of this argument through a...

The dissolution of Parliament is one of the most important prerogatives of the Executive in Parliamentary and Semi-Presidential Systems. Nevertheless, most comparative legal systems have long regarded the use of such a prerogative as a...

This article addresses land legal conflicts in Brazil arising from the overlapping of protected areas with traditionally occupied territories. This legal practice is inspired by the American and European environmental protection models, which...

Scholars and judges have disagreed on an appropriate judicial definition of religion. Notably, scholarship has argued that definitions of religion are either underinclusive or over-inclusive. While this line of scholarship has achieved a significant...

Research reveals that more women than men are victims of marital or spousal rape, a persistent issue in many African marriages due to the archaic belief that wives are the property of their husbands. This belief is rooted in the idea, that upon...