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Constitutional Justice, East and West

Constitutional Justice, East and West
Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
Total Pages: 472
Release: 2002-12-31
Genre: Philosophy
ISBN: 9789041118837

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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.


Constitutional Courts

Constitutional Courts
Author: Andrew Harding
Publisher: JCL Studies in Comparative Law
Total Pages: 385
Release: 2009
Genre: Comparative law
ISBN: 9780854900633

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Constitutional courts: forms, functions and practice in comparative perspective Andrew Harding, Peter Leyland and Tania Groppi -- Austria: the constitutional court of Austria: modern profiles of an archetype of constitutional review Anna Gamber and Francesco Palermo -- Central and Eastern Europe: constitutional courts of Central and Eastern Europe: between adolescence and maturity Kasia Lach and Wojchiech Sadurski -- France: The French Conseil constitutionnel: an evolving form of constitutional justice Marie Claire Ponthoreau and Fabrice Hourquebie -- Germany: Das Bundsverfassungsgericht: procedure, practice and policy of the German federal constitutional court Donald P Kommers and Russel A Miller -- Italy: the Italian constitutional court: towards a 'multilevel system' of constitutional review Tania Groppi -- Russia: the constitutional court of the Russian Federation: the establishment and evolution of constitutional supervision in Russia Jane Henderson -- Spain: the Spanish constitutional court: time for reforms Victor Ferreres Comella -- Turkey: the constitutional court of Turkey: the Anayasa Mahkemesi as the protector of the system Esin Örücü -- Egypt: Egypt's supreme constitutional court: managing constitutional conflict in an authoritarian aspirationally 'Islamic' state Clark B Lombardi -- Francophone Africa: models of constitutional jurisdiction in francophone West Africa Babacar Kanté -- South Africa: South Africa's constitutional court: enabling democracy and promoting law in the transition from Apartheid Heinz Klug -- East Asia: constitutional courts in East Asia: understanding variation Tom Ginsburg -- Indonesia and Thailand: the constitutional courts of Thailand and Indonesia: two case studies from South East Asia Andrew Harding and Peter Leyland -- Constitutional courts in Latin America: a testing ground for new parame++


Judicial Review Systems in West Africa: a Comparative Analysis

Judicial Review Systems in West Africa: a Comparative Analysis
Author:
Publisher:
Total Pages: 180
Release: 2016
Genre:
ISBN: 9789176710524

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This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.


Courting Constitutionalism

Courting Constitutionalism
Author: Moeen Cheema
Publisher: Cambridge University Press
Total Pages: 289
Release: 2021-12-16
Genre: Law
ISBN: 1108831885

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Presents a deeply contextualized account of public law and judicial review in Pakistan.


The Constitution Under Social Justice

The Constitution Under Social Justice
Author: Antonio Rosmini
Publisher: Lexington Books
Total Pages: 248
Release: 2007
Genre: Law
ISBN: 9780739107256

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Antonio Rosmini-Serbati (1797D1855) was one of the first natural law scholars to bring natural law thinking into a conversation with the market economic order that was beginning to emerge in Europe in the 19th century. His reflections on matters such as the origin, nature, and limits of private property, the role of the state, and the nature of human reason show him to be a unique, innovative thinker who nonetheless was determined to work within the parameters of Catholic doctrine. Many of these ideas are concretized in his seminal work The Constitution Under Social Justice, a text that has profound instights to offer those today seeking to integrate theology, philosophy, and economics into their conceptions of a social order that aspires to be both free and just.


Constitutional Judiciary in a New Democracy

Constitutional Judiciary in a New Democracy
Author: László Sólyom
Publisher: University of Michigan Press
Total Pages: 444
Release: 2000
Genre: Law
ISBN: 9780472109654

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Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe


Constitutional Courts as Mediators

Constitutional Courts as Mediators
Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
Total Pages: 255
Release: 2016-04-15
Genre: History
ISBN: 1107079780

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The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.


Liberty, Order, and Justice

Liberty, Order, and Justice
Author: James McClellan
Publisher:
Total Pages: 664
Release: 2000
Genre: History
ISBN:

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This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.


The Nordic Constitutions

The Nordic Constitutions
Author: Helle Krunke
Publisher: Bloomsbury Publishing
Total Pages: 224
Release: 2018-08-23
Genre: Law
ISBN: 1509910948

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This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership –where the Nordic countries have made different choices at different times – and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.


Constitution 3.0

Constitution 3.0
Author: Jeffrey Rosen
Publisher: Rowman & Littlefield
Total Pages: 284
Release: 2011-11-11
Genre: Law
ISBN: 0815722133

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At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre