Constitutional Courts In Comparison PDF Download
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Author | : Ralf Rogowski |
Publisher | : Berghahn Books |
Total Pages | : 316 |
Release | : 2016-08-01 |
Genre | : Law |
ISBN | : 1785330969 |
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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.
Author | : Ralf Rogowski |
Publisher | : |
Total Pages | : 304 |
Release | : 2016 |
Genre | : Constitutional courts |
ISBN | : 9781785332739 |
Download Constitutional Courts in Comparison Book in PDF, ePub and Kindle
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 | : Ralf Rogowski |
Publisher | : |
Total Pages | : 304 |
Release | : 2016 |
Genre | : Constitutional courts |
ISBN | : 9781785330957 |
Download Constitutional Courts in Comparison Book in PDF, ePub and Kindle
Author | : Ralf Rogowski |
Publisher | : |
Total Pages | : 262 |
Release | : 2002 |
Genre | : Constitutional courts |
ISBN | : 9781571814777 |
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Em sammenligning af USA' højesteret og den tyske føderale forfatningsdomstol
Author | : Monika Florczak-Wątor |
Publisher | : Routledge |
Total Pages | : 249 |
Release | : 2020-05-07 |
Genre | : Law |
ISBN | : 1000062252 |
Download Judicial Law-Making in European Constitutional Courts Book in PDF, ePub and Kindle
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 | : Allan R. Brewer-Carías |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2013-07-11 |
Genre | : Law |
ISBN | : 9781107613089 |
Download Constitutional Courts as Positive Legislators Book in PDF, ePub and Kindle
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 | : Albert H. Y. Chen |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2018-09-20 |
Genre | : Law |
ISBN | : 110719508X |
Download Constitutional Courts in Asia Book in PDF, ePub and Kindle
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author | : Víctor Ferreres Comella |
Publisher | : Yale University Press |
Total Pages | : 254 |
Release | : 2009-12-01 |
Genre | : Law |
ISBN | : 0300148682 |
Download Constitutional Courts and Democratic Values Book in PDF, ePub and Kindle
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.
Author | : Rolf Ellermann |
Publisher | : |
Total Pages | : |
Release | : 1988 |
Genre | : |
ISBN | : |
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Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 288 |
Release | : 2009-07-20 |
Genre | : Political Science |
ISBN | : 1400828155 |
Download Weak Courts, Strong Rights Book in PDF, ePub and Kindle
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.