The Cambridge Companion to Comparative Constitutional Law
The Cambridge Companion to Comparative Constitutional Law

Author: Roger Masterman

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 653

ISBN-13: 1107167817

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Comparing 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
Constitutional Courts in Comparison

Author: Ralf Rogowski

Publisher:

Published: 2016

Total Pages: 304

ISBN-13: 9781785332739

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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.

The Identity of the Constitutional Subject
The Identity of the Constitutional Subject

Author: Michel Rosenfeld

Publisher: Routledge

Published: 2009-10-16

Total Pages: 344

ISBN-13: 1135253285

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The 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
Constitutional Courts as Mediators

Author: Julio Ríos-Figueroa

Publisher: Cambridge University Press

Published: 2016-04-15

Total Pages: 255

ISBN-13: 1107079780

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The 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
Constitutional Judiciary in a New Democracy

Author: László Sólyom

Publisher: University of Michigan Press

Published: 2000

Total Pages: 444

ISBN-13: 9780472109654

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Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe

Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This 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
The Global Model of Constitutional Rights

Author: Kai Möller

Publisher: Oxford University Press

Published: 2012-10-25

Total Pages: 239

ISBN-13: 0199664609

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The 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.

Rule of Law and Fundamental Rights
Rule of Law and Fundamental Rights

Author: Alfredo Narváez Medécigo

Publisher: Springer

Published: 2015-11-07

Total Pages: 275

ISBN-13: 3319245627

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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.