Models of Constitutional Jurisdiction
Author: Helmut Steinberger
Publisher: Council of Europe
Published: 1993-01-01
Total Pages: 52
ISBN-13: 9789287124142
DOWNLOAD EBOOKOn cover: Collection: Science and technique of democracy
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The Cambridge Companion to Comparative Constitutional Law
Author: Roger Masterman
Publisher: Cambridge University Press
Published: 2019-10-03
Total Pages: 653
ISBN-13: 1107167817
DOWNLOAD EBOOKComparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Constitutional Courts in Comparison
Author: Ralf Rogowski
Publisher:
Published: 2016
Total Pages: 304
ISBN-13: 9781785332739
DOWNLOAD EBOOKThe 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.
The Identity of the Constitutional Subject
Author: Michel Rosenfeld
Publisher: Routledge
Published: 2009-10-16
Total Pages: 344
ISBN-13: 1135253285
DOWNLOAD EBOOKThe last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Constitutional Courts as Mediators
Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
Published: 2016-04-15
Total Pages: 255
ISBN-13: 1107079780
DOWNLOAD EBOOKThe book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Constitutional Judiciary in a New Democracy
Author: László Sólyom
Publisher: University of Michigan Press
Published: 2000
Total Pages: 444
ISBN-13: 9780472109654
DOWNLOAD EBOOKDescribes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Published: 2019-10-16
Total Pages: 189
ISBN-13: 1000707970
DOWNLOAD EBOOKThis book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
The Global Model of Constitutional Rights
Author: Kai Möller
Publisher: Oxford University Press
Published: 2012-10-25
Total Pages: 239
ISBN-13: 0199664609
DOWNLOAD EBOOKThe rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Constitutional Review and Legislation
Author: Christine Landfried
Publisher: Nomos Verlagsgesellschaft
Published: 1988
Total Pages: 264
ISBN-13: 9783789016400
DOWNLOAD EBOOKJudicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Published: 2019-02-07
Total Pages: 411
ISBN-13: 1316999084
DOWNLOAD EBOOKThe power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
