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Author: Arne Mavčič
Publisher:
ISBN: 9781600424717
Category : Constitutional courts
Languages : en
Pages : 713
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Book Description
Provides dossiers for 205 countries of the current national systems of constitutional/judicial review and the bodies that hold exclusive decision-making power on constitutional matters.
Author: Arne Mavčič
Publisher:
ISBN: 9781600424717
Category : Constitutional courts
Languages : en
Pages : 713
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Book Description
Provides dossiers for 205 countries of the current national systems of constitutional/judicial review and the bodies that hold exclusive decision-making power on constitutional matters.
Author: Arne Mavčič
Publisher: Vandeplas Pub.
ISBN: 9781600421938
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
This book presents a comparative constitutional analysis of the system of constitutional review in more than 150 countries. It describes different models of constitutional review and the bodies that hold this special and exclusive decision-making power on constitutional matters. It classifies the constitutional review bodies as special bodies responsible for protecting the constitutionality for which they hold a certain legal superiority in relation to other branches of power. Their review quite often covers legislative acts that are the highest legal instruments of a specific legal and political system. This gives the constitutional review body a special status with power to provide constitutional review under the system of the separation of powers, especially in relation to the legislative power that it may even annul statutes adopted by the legislative body. The book includes a French Summary, tables and map presenting Constitutional/Judicial Review around the world.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521520393
Category : Law
Languages : en
Pages : 322
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Book Description
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author: John Bell
Publisher: Edward Elgar Publishing
ISBN: 1784717614
Category : Law
Languages : en
Pages : 463
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Book Description
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.
Author: Christine Landfried
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783789016400
Category : Comparative government
Languages : en
Pages : 264
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Book Description
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520605
Category : Political Science
Languages : en
Pages : 191
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Book Description
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author: Walter F. Murphy
Publisher: JHU Press
ISBN: 9780801884702
Category : Law
Languages : en
Pages : 588
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Book Description
Publisher Description
Author: Paul Yowell
Publisher: Bloomsbury Publishing
ISBN: 1509913602
Category : Law
Languages : en
Pages : 311
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Book Description
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1139497162
Category : Political Science
Languages : en
Pages : 353
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Book Description
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author: Allan R. Brewer Carias
Publisher: Ediciones Olejnik
ISBN: 956392973X
Category : Law
Languages : en
Pages : 442
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Book Description
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.
