2 edition of Constitutional courts and constitutional rights found in the catalog.
Constitutional courts and constitutional rights
|Statement||Lorraine E. Weinrib, Aharon Barak, Dieter Grim|
|Contributions||Weinrib, Lorraine., Barak, Aharon., Grimm, Dieter, 1937-, Bell, Ian., University of Toronto. Faculty of Law.|
|The Physical Object|
|Pagination||398 p. :|
|Number of Pages||398|
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost/5(3). What is desperately needed is a theory of constitutional rights that sheds some light on the practice employed by most constitutional courts today. One such theory has been put forward in Robert Alexy's book, A Theory of Constitutional Rights (published originally in German in and in Cited by:
In her ambitious book, Angeliotta Sperti, examines the expansion of gay, lesbian, and same-sex couples’ rights, primarily analyzing the work of domestic supreme and constitutional : Ivana Isailovic. 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.
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. This is a completely revised and updated second edition of Rights Before Courts (, paper edition ). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe.
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This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts.
In this perspective the creation of a constitutional court was not only an institutionalization of constitutional control but at the same time was a barrier to the development of judicial review by the general judiciary, as it could only be mobilized by a limited number of state organs for a constitution that did not contain a bill of rights.
Constitutional Rights: Myths and Realities 1st Edition Trained as a lawyer and social scientist, he is the author of 25 books and more than scholarly articles on law, courts, and criminal justice policy. He has been recognized as an outstanding teacher with MSU's "Teacher-Scholar Award" and "Social Science Alumni Association Outstanding /5(2).
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 Cited by: U.S.
Constitutional Law. This book explains the following topics: Constitutional Texts: US, Canada, South Africa, The Adoption of the U.S. Constitution, The Bank of the United States and the Powers of the Federal Government, The Role of the Federal Courts in the Constitutional Framework, Separation of Powers: The Allocation of Powers within the Federal Government, Federalism: The Allocation of.
The Constitutional Court of the Czech Republic (Czech: Ústavní soud České republiky) is a specialized type of court which primarily works to protect the people in the Czech Republic against violations of the Constitution by either the legislature, government or by any other subject that violates people's constitutional rights and freedoms.
In this respect, it is similar in functionality to Authorized by: Constitution of the Czech Republic. Sperti, Angioletta, Constitutional Courts, Gay Rights and Sexual Orientation Equality (Table of Contents) (May 8, ). Hart Studies in Comparative Public Law, Constitutional Courts, Gay Rights and Sexual Orientation Equality, Hart Publishing, Author: Angioletta Sperti.
Constitutional Courts [as Mediators] offers more than insightful academic exercise. It provides a template for positive change in a conflictual world.’ Jeffrey K. Staton - Emory University, Atlanta 'Ríos-Figueroa’s Constitutional Courts as Mediators is, all in all, a sophisticated piece about judicial politics.
Book Reviews The Constitution, The Courts, and Human Rights: An In quiry into the Legitimacy of Constitutional Policymaking by the Judiciary. By Michael J.
Perry.t New Haven: Yale University Press. xi, $ Reviewed by Carl A. Auerbach2 Professor Michael J. Perry has written an ambitious and imAuthor: Carl A.
Auerbach. ‘This collection is a timely survey of the role of constitutional courts in a comparative perspective – it provides an excellent summary of developments in a range of jurisdictions, and locates them in a broader social and political context.
Among other factors, it considers global trends in increasing international and regional human rights protection, increased recognition of second and.
This article provides an introduction to the basic institutional features of constitutional courts (CCs), as well as an overview of the small but growing comparative literature on their design, function, impact, and legitimacy. It presents the CC as an ideal type, with its own functional logics, and surveys the comparative scholarship seeking to explain commonalities and differences across.
AMMAN — Through its role in overseeing the constitutionality of laws and interpreting the Constitution, the Constitutional Court is a fundamental pillar of the civil state, a legal expert said on Tuesday. Speaking at the launch of his book on the general theory of constitutional legal systems, Kamel Saeed, a member of the Constitutional Court, said the autonomy of constitutional courts.
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti.
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.
Published serially in several New York papers between October and Augustthe eighty-five Federalist Papers written by Alexander Hamilton, James Madison, and John Jay under the pseudonym “Publius” advocated ratification of the proposed U.S.
Constitution. Constitutional Rights and Constitutional Design: An online symposium on Paul Yowell’s new book 13 Dec | Constitutional Rights and Constitutional Design The global expansion of judicial power means that courts around the world are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data.
While progressive change is far from universal even in those geographic regions—and regressive responses dominate the remainder of the globe—it is an exceptionally good time to pause and closely evaluate these developments from the perspective of comparative constitutional law.
In her book, Constitutional Courts, Gay Rights and Sexual. The Fundamentals of Constitutional Courts Andrew Harding 1. What are constitutional courts.
A written constitution is generally intended to have specific and legally binding effects on citizens’ rights and on political processes such as elections and legislative procedure.
This is not always true: in the People’s Republic of China, for example,File Size: KB. U.S. Constitutional Law. This book explains the following topics: Constitutional Texts: US, Canada, South Africa, The Adoption of the U.S.
Constitution, The Bank of the United States and the Powers of the Federal Government, The Role of the Federal Courts in the Constitutional Framework, Separation of Powers: The Allocation of Powers within the. The U.S Constitution guarantees many freedoms and civil liberties for American citizens.
These civil liberties determine what a person is free to do and what the government is prohibited from doing. Constitutional rights basically are rights that protect people from unfair and unconstitutional treatment by the state or federal government.
Most courts of general jurisdiction in both the state and federal court system hear cases involving constitutional rights. Federal courts are more likely to hear US constitutional issues than.The book presents a theory of constitutional rights law.
It shows that there is now a 'global' model of constitutional rights, which means that certain structural features of rights are accepted in most jurisdictions where rights are judicially enforced.The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy.
It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy.