Judges as Guardians of Constitutionalism and Human Rights

Author: Martin Scheinin,Helle Krunke,Marina Aksenova

Publisher: Edward Elgar Publishing

ISBN: 178536586X

Category: LAW

Page: 400

View: 2470

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There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
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Constitutional Courts in Asia

A Comparative Perspective

Author: Albert H. Y. Chen,Andrew Harding

Publisher: Cambridge University Press

ISBN: 110719508X

Category: Law

Page: 399

View: 3649

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A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
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Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author: Rainer Grote,Tilmann Röder

Publisher: Oxford University Press

ISBN: 0199910162

Category: Law

Page: 768

View: 6353

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
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Constituting Democracy

Law, Globalism, and South Africa's Political Reconstruction

Author: Heinz Klug

Publisher: Cambridge University Press

ISBN: 9780521786430

Category: Law

Page: 270

View: 4062

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Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.
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Constitutionalism - Human Rights - Separation of Powers

The Cyprus Precedent

Author: Georghios M. Pikis

Publisher: BRILL

ISBN: 9047410211

Category: Law

Page: 188

View: 8081

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The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.
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The Oxford Handbook of Public Accountability

Author: Mark Bovens,Robert E. Goodin,Thomas Schillemans

Publisher: OUP Oxford

ISBN: 0191002577

Category: Political Science

Page: 800

View: 2090

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Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.
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The Constitution of Freedom

An Introduction to Legal Constitutionalism

Author: András Sajó,Renáta Uitz

Publisher: Oxford University Press

ISBN: 0198732171

Category: Law

Page: 478

View: 995

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Constitutional democracy is more fragile and less "natural" than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stabledemocracies with the promise that their enviable world will become the global "normal" find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need ofconstant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours,and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of theapparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those inpolitics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
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