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Constitutional Courts as Mediators

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Release : 2016-04-15
Genre : History
Kind : eBook
Book Rating : 780/5 ( reviews)

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Book Synopsis Constitutional Courts as Mediators by : Julio Ríos-Figueroa

Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa. This book was released on 2016-04-15. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Constitutional Courts in Comparison

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Release : 2016-08-01
Genre : Law
Kind : eBook
Book Rating : 969/5 ( reviews)

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Book Synopsis Constitutional Courts in Comparison by : Ralf Rogowski

Download or read book Constitutional Courts in Comparison written by Ralf Rogowski. This book was released on 2016-08-01. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Constitutional Justice, East and West

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Release : 2002-12-31
Genre : Philosophy
Kind : eBook
Book Rating : 837/5 ( reviews)

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Book Synopsis Constitutional Justice, East and West by : Wojciech Sadurski

Download or read book Constitutional Justice, East and West written by Wojciech Sadurski. This book was released on 2002-12-31. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

Rights Before Courts

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Release : 2014-05-26
Genre : Law
Kind : eBook
Book Rating : 355/5 ( reviews)

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Book Synopsis Rights Before Courts by : Wojciech Sadurski

Download or read book Rights Before Courts written by Wojciech Sadurski. This book was released on 2014-05-26. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

Rights-Based Constitutional Review

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Release : 2016-04-29
Genre : Law
Kind : eBook
Book Rating : 614/5 ( reviews)

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Book Synopsis Rights-Based Constitutional Review by : John Bell

Download or read book Rights-Based Constitutional Review written by John Bell. This book was released on 2016-04-29. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

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