Constitucional Law

Derecho Constitucional

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Guatemala constitutional court allows entry to UN anti-corruption official after being detained at capital airport

Source: Jurist  

January 07, 2019

Guatemala’s Constitutional Court on Monday ordered [Spanish] the release of Colombian Yilen Osorio, a member of the United Nation’s International Commission against Impunity in Guatemala (CICIG) which is charged with investigating allegations of corruption in the country. Osorio had been held in detention at the La Aurora International Airport in Guatemala City since his arrival on Saturday.

For the past decade, the CICIG, in partnership with the Attorney General’s office, have helped in the arrest and prosecution of powerful criminals and corrupt officials who were once deemed untouchable. Last year, Guatemalan President Jimmy Morales attempted to hamper efforts of the CICIG by refusing to renew the CICIG’s mandate and denying its members entry into the country but was unanimously denied by the court’s five magistrates. The CICIG is currently investigating allegations of bribery and corruption within the Guatemala government and Morales’ political party. 

 Morales came into power in 2015 when members of the previous administration stepped down amid fraud and corruption charges. His four year term is set to expire at the end of this year and he is ineligible from seeking a second term under Guatemalan law. However, Morales has hinted at prolonging his rule, claiming little can be done in a single four-year term.

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Derecho Constitucional / Constitucional Law

Posted on Actualizado enn

south africaSouth Africa Constitutional Court invalidates protest law          

Source: Jurist

November 20, 2018

The Constitutional Court of South Africa ruled Monday that a law that criminalized failure to give notice to a municipality of a gathering of more than 15 people is unconstitutional.

The court found that the law violated the guarantee of Section 17 of the Constitution that “[e]veryone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.” Leer el resto de esta entrada »

Derechos Constitucional / Constitucional Law

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usaSupreme Court: ‘aggravated felony’ in Immigration and Nationality Act unconstitutionally vague

Source: Jurist

April 17, 2018

-United States-

[JURIST] The US Supreme Court [official website] held 5-4 [opinion, PDF] Tuesday that the term “aggravated felony” in the Immigration and Nationality Act (INA) [text], as it relates to §16(b) of the federal criminal code [text], is “unconstitutionally void for vagueness” under the Fifth Amendment’s [GPO backgrounder] Due Process Clause. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

Posted on Actualizado enn

alemaniaGermany constitutional court declares country’s property tax regime unconstitutional             

Source: Jurist

April 11, 2018

[JURIST] Germany’s constitutional court, the Bundesverfassungsgericht [official site], ruled[decision, in German] the property tax regime in west Germany to be unconstitutional on Tuesday, citing the the current unitary valuations as violating the fundamental right to equal treatment under German Basic Law [text]. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

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alemaniaViolation of a party’s right to equal opportunities in the political competition by a press release issued by a Federal Minister

Source: Bundesverfassungsgericht

February 27, 2018

-Germany-

If with regard to a political event organised by a political party, state organs give a negative assessment that is capable of having a deterrent effect and thereby influence the behaviour of persons who are potential participants in the event, this interferes with the right of the party concerned to equal opportunities under Art. 21(1) first sentence of the Basic Law (Grundgesetz – GG). This holds true not only during election campaigns. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

Posted on Actualizado enn

irlandaIreland Supreme Court strikes down ban on asylum seekers working

Source: Jurist

February 09, 2018

[JURIST] The Supreme Court of Ireland [official website] formally ruled in a unanimous decision on Friday that the complete employment ban [statute] on asylum seekers was unconstitutional. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

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poloniaPoland approves judicial reform legislation as EU warns of rule of law violations

Source:Jurist
December 20, 2017

[JURIST] Polish President Andrzej Duda signed judicial reform legislation[materials, in Polish; materials, in Polish] Wednesday, placing control over the courts into the hands of the ruling right-wing Law and Justice party.
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