Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Courts PDF full book. Access full book title Constitutional Courts.
| Author | : Ralf Rogowski |
| Publisher | : |
| Total Pages | : 304 |
| Release | : 2016 |
| Genre | : Constitutional courts |
| ISBN | : 9781785332739 |
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.
| Author | : Stefanus Hendrianto |
| Publisher | : Routledge |
| Total Pages | : 359 |
| Release | : 2018-04-17 |
| Genre | : Law |
| ISBN | : 135158491X |
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
| Author | : Christine Landfried |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2019-02-07 |
| Genre | : Law |
| ISBN | : 1316999084 |
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
| Author | : Allan R. Brewer-Carías |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2013-07-11 |
| Genre | : Law |
| ISBN | : 9781107613089 |
In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
| Author | : László Sólyom |
| Publisher | : University of Michigan Press |
| Total Pages | : 444 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780472109654 |
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
| Author | : Albert H. Y. Chen |
| Publisher | : Cambridge University Press |
| Total Pages | : 407 |
| Release | : 2018-09-20 |
| Genre | : Law |
| ISBN | : 110719508X |
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
| Author | : Monika Florczak-Wątor |
| Publisher | : Routledge |
| Total Pages | : 249 |
| Release | : 2020-05-07 |
| Genre | : Law |
| ISBN | : 1000062252 |
This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
| Author | : Francesco Biagi |
| Publisher | : Cambridge University Press |
| Total Pages | : 261 |
| Release | : 2020-01-02 |
| Genre | : Law |
| ISBN | : 1108489397 |
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
| Author | : Samuel Issacharoff |
| Publisher | : Cambridge University Press |
| Total Pages | : 311 |
| Release | : 2015-06-17 |
| Genre | : Law |
| ISBN | : 1107038707 |
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
| Author | : Víctor Ferreres Comella |
| Publisher | : Yale University Press |
| Total Pages | : 254 |
| Release | : 2009-12-01 |
| Genre | : Law |
| ISBN | : 0300148682 |
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
