Rights Based Constitutional Review

Author : John Bell,Marie-Luce Paris
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 42,5 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781784717612

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Rights-Based Constitutional Review by John Bell,Marie-Luce Paris Pdf

Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 54,5 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159

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Weak Courts, Strong Rights by Mark Tushnet Pdf

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.

Author : David M. Beatty
Publisher : BRILL
Page : 374 pages
File Size : 50,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479401

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Human Rights and Judicial Review: A Comparative Perspective by David M. Beatty Pdf

Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 47,5 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Author : Richard Paul Bellamy
Publisher : Unknown
Page : 265 pages
File Size : 41,7 Mb
Release : 2007
Category : Constitutional law
ISBN : 1139132113

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Political Constitutionalism by Richard Paul Bellamy Pdf

Author : Joel Bakan
Publisher : University of Toronto Press
Page : 272 pages
File Size : 51,9 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516727

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Just Words by Joel Bakan Pdf

The Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada? Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are 'just words.' Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why. Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one of Canada's rising intellectuals.

Author : Richard Moon
Publisher : University of Toronto Press
Page : 330 pages
File Size : 47,9 Mb
Release : 2000-01-01
Category : Law
ISBN : 0802078362

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The Constitutional Protection of Freedom of Expression by Richard Moon Pdf

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 47,6 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

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.

Author : Aileen Kavanagh
Publisher : Cambridge University Press
Page : 470 pages
File Size : 51,9 Mb
Release : 2009-05-07
Category : Law
ISBN : 9781139488969

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Constitutional Review under the UK Human Rights Act by Aileen Kavanagh Pdf

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Author : Mark Elliott
Publisher : Hart Publishing
Page : 293 pages
File Size : 55,9 Mb
Release : 2001-03
Category : Law
ISBN : 9781841131801

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The Constitutional Foundations of Judicial Review by Mark Elliott Pdf

This book comprehensively analyses the foundations of judicial review.

Author : Stephen Gardbaum
Publisher : Cambridge University Press
Page : 275 pages
File Size : 43,5 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781107009288

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The New Commonwealth Model of Constitutionalism by Stephen Gardbaum Pdf

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Author : Dimitrios Kyritsis
Publisher : Oxford University Press
Page : 241 pages
File Size : 55,6 Mb
Release : 2017
Category : Law
ISBN : 9780199672257

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Where Our Protection Lies by Dimitrios Kyritsis Pdf

Should courts be able to scrutinise primary legislation for its compatibility with human rights? Focusing on the value of the separation of powers, Dimitrios Kyritsis offers an innovative discussion of the role of constitutional courts and the scope of judicial review, and a normative theory of the constitutional review of legislative action.

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 42,6 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author : Janet L. Hiebert,James B. Kelly
Publisher : Cambridge University Press
Page : 503 pages
File Size : 40,7 Mb
Release : 2015-01-29
Category : Law
ISBN : 9781107076518

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Parliamentary Bills of Rights by Janet L. Hiebert,James B. Kelly Pdf

How do bills of rights influence legislative decision-making in New Zealand and the United Kingdom?

Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 278 pages
File Size : 50,5 Mb
Release : 2022-03-30
Category : Law
ISBN : 9781000589993

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Constitutional Law and Precedent by Monika Florczak-Wątor Pdf

This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.