Modelling Constitutional Adjudication
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Modelling Constitutional Adjudication
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Author : Leopoldo G. Lovelace
language : en
Publisher:
Release Date : 1983
Modelling Constitutional Adjudication written by Leopoldo G. Lovelace and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with categories.
Constitutional Adjudication In Africa
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Author : Charles Manga Fombad
language : en
Publisher: Oxford University Press
Release Date : 2017
Constitutional Adjudication In Africa written by Charles Manga Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.
Supermajorities In Constitutional Courts
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Author : Mauro Arturo Rivera León
language : en
Publisher:
Release Date : 2024
Supermajorities In Constitutional Courts written by Mauro Arturo Rivera León and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Constitutional courts categories.
"Constitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy of majoritarianism, Judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial. The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable Constitutional Courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in Courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in Constitutional Courts. It will be a valuable resource for academics, researchers and policy-makers working in the areas of Comparative Constitutional Law and Constitutional Politics"--
Constitutional Justice East And West
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-12-31
Constitutional Justice East And West written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-31 with Philosophy categories.
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.
Proportionality Analysis And Models Of Judicial Review
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Author : Benedikt Pirker
language : en
Publisher:
Release Date : 2013
Proportionality Analysis And Models Of Judicial Review written by Benedikt Pirker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Judicial review categories.
Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)
How Does The Constitution Secure Rights
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Author : Robert A. Goldwin
language : en
Publisher: A E I Press
Release Date : 1985
How Does The Constitution Secure Rights written by Robert A. Goldwin and has been published by A E I Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
This book explores the Constitution and how it provides for individual American rights.
The New Commonwealth Model Of Constitutionalism
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Author : Stephen Gardbaum
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-03
The New Commonwealth Model Of Constitutionalism written by Stephen Gardbaum 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 2013-01-03 with Law categories.
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Comparative Constitutional Design
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Comparative Constitutional Design written by Tom Ginsburg 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 2012-02-27 with Law categories.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
The Internet And Constitutional Law
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Author : Oreste Pollicino
language : en
Publisher: Routledge
Release Date : 2016-01-13
The Internet And Constitutional Law written by Oreste Pollicino and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-13 with Law categories.
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
A Theory Of African Constitutionalism
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Author : Berihun Adugna Gebeye
language : en
Publisher: Oxford University Press
Release Date : 2021-07-08
A Theory Of African Constitutionalism written by Berihun Adugna Gebeye and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-08 with Law categories.
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.