Constitutional Courts In Comparison
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The Autonomy Of Constitutional Courts
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Author : Thomas Gawron
language : en
Publisher:
Release Date : 1991
The Autonomy Of Constitutional Courts written by Thomas Gawron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
Constitutional Courts In Comparison
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Author : Ralf Rogowski
language : en
Publisher:
Release Date : 2016
Constitutional Courts In Comparison written by Ralf Rogowski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Constitutional courts categories.
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.
Constitutional Courts And Deliberative Democracy
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Author : Conrado Hübner Mendes
language : en
Publisher: OUP Oxford
Release Date : 2013-12-19
Constitutional Courts And Deliberative Democracy written by Conrado Hübner Mendes and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-19 with Law categories.
Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced. This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.
High Courts In Global Perspective
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Author : Nuno Garoupa
language : en
Publisher: University of Virginia Press
Release Date : 2021-08-27
High Courts In Global Perspective written by Nuno Garoupa and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-27 with Political Science categories.
High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy
Judicial Law Making In European Constitutional Courts
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Author : Monika Florczak-Wątor
language : en
Publisher: Routledge
Release Date : 2020-05-07
Judicial Law Making In European Constitutional Courts written by Monika Florczak-Wątor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Law categories.
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.
Building Judicial Authority
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Author : Armin von Bogdandy
language : en
Publisher:
Release Date : 2020
Building Judicial Authority written by Armin von Bogdandy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
This paper examines the foundations of the Italian Constitutional Court's authority by comparing it with that of the German Federal Constitutional Court. In comparison to the German Court, la Corte had to build its authority on a particularly weak legal basis. However, it succeeded in developing a dynamic of “power in weakness” which explains important features of the Italian Constitutional Court: its exceptionally cooperative relationship with the ordinary courts, its terse style of reasoning, its deliberate low profile in public opinion, its activist interaction with the legislature, and its tactical dialogue with the EU Court of Justice.
Rights Before Courts
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Author : Wojciech Sadurski
language : en
Publisher: Springer
Release Date : 2014-05-26
Rights Before Courts written by Wojciech Sadurski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-26 with Law categories.
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.
Constitutional Courts In Asia
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Author : Albert H. Y. Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20
Constitutional Courts In Asia written by Albert H. Y. Chen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Comparative Judicial Review
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Author : Erin F. Delaney
language : en
Publisher:
Release Date : 2018
Comparative Judicial Review written by Erin F. Delaney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Comparative law categories.
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable. Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach. Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin
Comparative Constitutional History
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Author : Francesco Biagi
language : en
Publisher: BRILL
Release Date : 2020-07-27
Comparative Constitutional History written by Francesco Biagi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-27 with Political Science categories.
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume aims to address this shortcoming by bringing focus to comparative constitutional history.