Constitutionality Of Law Without A Constitutional Court

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Constitutionality of Law without a Constitutional Court

Mirosław Granat
Constitutionality of Law without a Constitutional Court Book PDF

Author : Mirosław Granat
Publisher : Taylor & Francis
Page : 185 pages
File Size : 44,5 Mb
Release : 2023-09-01
Category : Law
ISBN : 9781000935943

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Constitutionality of Law without a Constitutional Court by Mirosław Granat Pdf

This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics.

Judicial Review of Constitutional Amendments

Kemal Gözler
Judicial Review of Constitutional Amendments Book PDF

Author : Kemal Gözler
Publisher : Kemal Gözler
Page : 142 pages
File Size : 53,7 Mb
Release : 2008
Category : Law
ISBN : 9789944141734

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Judicial Review of Constitutional Amendments by Kemal Gözler Pdf

This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.

Advanced Introduction to Comparative Constitutional Law

Mark Tushnet
Advanced Introduction to Comparative Constitutional Law Book PDF

Author : Mark Tushnet
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 44,5 Mb
Release : 2018-03-30
Category : Law
ISBN : 9781786437198

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Advanced Introduction to Comparative Constitutional Law by Mark Tushnet Pdf

Mark Tushnet excels in updating the Advanced Introduction to Comparative Constitutional Law. In this second edition Tushnet includes new material based on developments in practice and scholarship since the original edition’s publication back in 2014. Topics which are given substantial additional attention include abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments, recent developments in weak- and strong-form constitutional review, and expanded consideration of third generation rights. This title will appeal to those who fell in love with the first edition and those who are interested in learning more about Comparative Constitutional Law.

Judicial review in comparative law

Allan R. Brewer Carias
Judicial review in comparative law Book PDF

Author : Allan R. Brewer Carias
Publisher : Ediciones Olejnik
Page : 442 pages
File Size : 43,7 Mb
Release : 2023-11-24
Category : Law
ISBN : 9789563929737

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Judicial review in comparative law by Allan R. Brewer Carias Pdf

"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.

The German Federal Constitutional Court

Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger
The German Federal Constitutional Court Book PDF

Author : Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger
Publisher : Oxford University Press
Page : 240 pages
File Size : 41,6 Mb
Release : 2020-03-05
Category : Law
ISBN : 9780192512093

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The German Federal Constitutional Court by Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger Pdf

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Constitutions, Courts, and History

Renata Uitz
Constitutions Courts and History Book PDF

Author : Renata Uitz
Publisher : Central European University Press
Page : 362 pages
File Size : 40,5 Mb
Release : 2005-08-30
Category : Law
ISBN : 9786155053733

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Constitutions, Courts, and History by Renata Uitz Pdf

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike.

Constitutional Courts in Comparison

Ralf Rogowski,Thomas Gawron
Constitutional Courts in Comparison Book PDF

Author : Ralf Rogowski,Thomas Gawron
Publisher : Berghahn Books
Page : 316 pages
File Size : 52,8 Mb
Release : 2016-08-01
Category : Law
ISBN : 9781785330964

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Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf

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.

Constitutional Courts in Asia

Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Constitutional Courts in Asia Book PDF

Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 53,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781107195080

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Constitutional Courts in Asia by Albert H. Y. Chen,Hongyi Chen,Andrew Harding Pdf

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Democratizing Constitutional Law

Thomas Bustamante,Bernardo Gonçalves Fernandes
Democratizing Constitutional Law Book PDF

Author : Thomas Bustamante,Bernardo Gonçalves Fernandes
Publisher : Springer
Page : 328 pages
File Size : 44,5 Mb
Release : 2016-04-19
Category : Law
ISBN : 9783319283715

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Democratizing Constitutional Law by Thomas Bustamante,Bernardo Gonçalves Fernandes Pdf

This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Constitutional Judiciary in a New Democracy

László Sólyom,Georg Brunner
Constitutional Judiciary in a New Democracy Book PDF

Author : László Sólyom,Georg Brunner
Publisher : University of Michigan Press
Page : 444 pages
File Size : 48,8 Mb
Release : 2000
Category : Law
ISBN : 0472109650

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Constitutional Judiciary in a New Democracy by László Sólyom,Georg Brunner Pdf

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

Law and Legitimacy in the Supreme Court

Richard H. Fallon Jr.
Law and Legitimacy in the Supreme Court Book PDF

Author : Richard H. Fallon Jr.
Publisher : Harvard University Press
Page : 240 pages
File Size : 40,8 Mb
Release : 2018-02-19
Category : Law
ISBN : 9780674986091

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Law and Legitimacy in the Supreme Court by Richard H. Fallon Jr. Pdf

Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

Comparative Constitutional Reasoning

András Jakab,Arthur Dyevre,Giulio Itzcovich
Comparative Constitutional Reasoning Book PDF

Author : András Jakab,Arthur Dyevre,Giulio Itzcovich
Publisher : Cambridge University Press
Page : 867 pages
File Size : 40,6 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107085589

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Comparative Constitutional Reasoning by András Jakab,Arthur Dyevre,Giulio Itzcovich Pdf

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

The Invisible Constitution in Comparative Perspective

Rosalind Dixon,Adrienne Stone
The Invisible Constitution in Comparative Perspective Book PDF

Author : Rosalind Dixon,Adrienne Stone
Publisher : Cambridge University Press
Page : 595 pages
File Size : 51,7 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108417570

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The Invisible Constitution in Comparative Perspective by Rosalind Dixon,Adrienne Stone Pdf

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

Constitutionalism

Alejandro Linares Cantillo,Camilo Valdivieso-León,Santiago García-Jaramillo
Constitutionalism Book PDF

Author : Alejandro Linares Cantillo,Camilo Valdivieso-León,Santiago García-Jaramillo
Publisher : Oxford University Press
Page : 497 pages
File Size : 48,7 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780192650511

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Constitutionalism by Alejandro Linares Cantillo,Camilo Valdivieso-León,Santiago García-Jaramillo Pdf

This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.

Courts Without Cases

Carissima Mathen
Courts Without Cases Book PDF

Author : Carissima Mathen
Publisher : Bloomsbury Publishing
Page : 292 pages
File Size : 42,5 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781509922505

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Courts Without Cases by Carissima Mathen Pdf

Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.