![]() ![]() Users should refer to the original published version of the material for the full abstract. In domestic law, this term is often used to refer to a right. No warranty is given about the accuracy of the copy. Action at law of the people.(1) A public or universal right to initiate a lawsuit or prosecution. However, users may print, download, or email articles for individual use. Copyright of International Journal of Constitutional Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission.The article concludes with a cautionary note on the success of actio popularis and the doctrine of unconstitutional constitutional amendments as deployed by the Supreme Court. Regarding the latter factor, democracy and political pluralism gave the Court some room to quietly consolidate its jurisdiction to review amendments and, eventually, quash some of them. Per una società come quella romana, le tradizioni sono il fondamento delletica: esse comprendono innanzitutto il senso civico, la pietas, il valore militare, lausterità dei comportamenti e il rispetto delle leggi. With respect to the first factor, an actio popularis (by which any citizen had the right to petition the Court and challenge the constitutionality of legislation) granted the Supreme Court a constant flow of cases that allowed it to entertain and adjudicate on citizens' petitions questioning the constitutionality of amendments. Il Mos maiorum (dal latino ms mairum, letteralmente «usanza, costume degli antenati») rappresenta il nucleo della morale tradizionale della civiltà romana. After analyzing the case law of the Supreme Court between 19 and the political environment in which it rendered its decisions, the article claims that the Court managed to cement its power to review amendments thanks to the presence of a novel constitutional experiment, as well as to the existence of certain political conditions. Abstract: This article examines the reasons behind the consolidation of the Supreme Court of Colombia's authority during the second half of the twentieth century as the ultimate umpire of amendments' constitutionality. ![]() Acknowledgments Table of Cases List of Abbreviations Introduction 1 Identifying the Elements and Operational Framework of actio popularis 1 Elements of actio popularis in Roman Law and Municipal Legal SystemsĢ Defining the Operational Context for actio popularis in International Lawģ Actio popularis as a Judicial Concept: Proliferation of International Courts and Tribunals – a Bar to a Unified Conception of actio popularis in International LawĢ Understanding the Elements of actio popularis 1 Classification of Obligations in International Law: Bilateralist vs Multilateralist Conceptions of International NormsĢ Towards Identification of Collective Interestsģ Absolute Obligations: Nature of Human Rights Obligationsģ Enforcing Community Obligation 1 Responsibility for Violation of Collective Obligations: Debates Within the International Law CommissionĢ Invoking Responsibility to Protect Collective Interest: Distinguishing between Injured and Non-injured Statesģ Injury and Damage as a Precondition to Invoke Responsibility: A Bar to Invoke Responsibility to Protect Collective Interests (A Bar to actio popularis)Ĥ Judicial Enforcement of Community Obligations 1 Ineffectiveness of “Bipolar” Litigation in Protection of Collective InterestsĢ Injury/Damage (Legal Interest/Interest) as a Condition to Bring a Claim before International Courts and Tribunalsĥ Actio popularis before the ICJ 1 Deconstructing a “Legal Dispute”Ģ Actio popularis: Can ICJ Decide for other International Courts and Tribunals?ģ Sources of actio popularis: Express and Inferred Right to actio popularis 3.1 Actio popularis by Inference under International Treaty Instruments: Establishing a Link between Interpretation of Jurisdictional Clauses and Substantive Norms in Applications Brought before the ICJ 3.2 ICJ:The Right of actio popularis by Virtue of Express Treaty Provisions 3.3 The Right of actio popularis under Optional Clause Declarations: Adjusting Procedural Law to Substantive Obligations 3.4 Procedural Bar to Judicial Enforcement of Collective Obligations before International Court of Justice: actio popularis and Indispensable Third Party Rule: Insignificance of Erga Omnes (Collective) Nature of Obligations 6 Actio popularis before Other International Courts and Tribunals 1 ITLOSġ.1 Actio popularis in Cases of Protection of the Area 2 CJEUĢ.1 Conception of Causes of Action: Cautious Approach to Relaxing the Direct and Individual Interest Test 3Ĥ. ![]()
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