Constitutional Courts In Comparison

Author : Ralf Rogowski
Publisher : Berghahn Books
ISBN 13 : 1785330969
Total Pages : 316 pages
Book Rating : 4.64/5 ( download)

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Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by Berghahn Books. This book was released on 2016-08-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
ISBN 13 : 9781785332739
Total Pages : 304 pages
Book Rating : 4.32/5 ( download)

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Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2016 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
ISBN 13 : 9781785330957
Total Pages : 304 pages
Book Rating : 4.50/5 ( download)

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Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2016 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ralf Rogowski
Publisher :
ISBN 13 : 9781571814777
Total Pages : 262 pages
Book Rating : 4.79/5 ( download)

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Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2002 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Em sammenligning af USA' højesteret og den tyske føderale forfatningsdomstol

Author : Monika Florczak-Wątor
Publisher : Routledge
ISBN 13 : 1000062252
Total Pages : 249 pages
Book Rating : 4.50/5 ( download)

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Download or read book Judicial Law-Making in European Constitutional Courts written by Monika Florczak-Wątor and published by Routledge. This book was released on 2020-05-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9781107613089
Total Pages : 0 pages
Book Rating : 4.86/5 ( download)

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Download or read book Constitutional Courts as Positive Legislators written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2013-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Conrado Hübner Mendes
Publisher : OUP Oxford
ISBN 13 : 019165017X
Total Pages : 360 pages
Book Rating : 4.78/5 ( download)

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Download or read book Constitutional Courts and Deliberative Democracy written by Conrado Hübner Mendes and published by OUP Oxford. This book was released on 2013-12-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Rolf Ellermann
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.32/5 ( download)

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Download or read book Constitutional courts in comparison written by Rolf Ellermann and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.80/5 ( download)

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Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.59/5 ( download)

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Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.