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The Success 1 of Judicial Review and Democracy

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0005
Subject:
Political Science, Comparative Politics

This is the first of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including ... More


Constitutional Politics in France and Germany

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0006
Subject:
Political Science, Comparative Politics

This is the second of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including ... More


Introduction: The ECJ as a Federal Constitutional Court

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0001
Subject:
Law, EU Law

This chapter focuses on those aspects of the role of the European Court of Justice (ECJ) that liken it to the constitutional court of a federal legal system. It provides a broad-brush overview of the ... More


When Courts Collide: Intracourt Relations and the Problem of Audiences

Nuno Garoupa and Tom Ginsburg

in Judicial Reputation: A Comparative Theory

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.003.0006
Subject:
Law, Comparative Law

Chapter Six uses the reputation perspective to consider an important issue in constitutional design: competition among high courts within a given legal system. In recent years, the spread of ... More


Austria: Imperfect Parliamentarism but Fully-fledged Party Democrac y

Wolfgang C. Müller

in Delegation and Accountability in Parliamentary Democracies

Published in print:
2003
Published Online:
January 2005
ISBN:
9780198297840
eISBN:
9780191602016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829784X.003.0005
Subject:
Political Science, Comparative Politics

Reviews the mechanisms of delegation and accountability in post-war Austria. Discusses how political parties structure these processes and analyses the institutional constraints on parliamentary ... More


National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC †

Carl Lebeck

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0028
Subject:
Law, Public International Law

The basic principle for the Bundesverfassungsgericht (German Federal Constitutional Court) has been that the international delegation of limited and revocable powers generally has been accepted as ... More


South Africa: From Constitutional Promise to Social Transformation

Heinz Klug

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0007
Subject:
Law, Comparative Law

South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven ... More


The Role of National Constitutional Courts in Issues of Compliance

Darinka Piqani

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0005
Subject:
Law, EU Law, Public International Law

This chapter looks at the role of constitutional courts from a compliance perspective. It focuses on how constitutional courts deal with challenges of unconstitutionality in the course of application ... More


Concluding Remarks: A Constitutional Court for the EU?

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0004
Subject:
Law, EU Law

This chapter argues that although it is possible to criticize the Court's role as a constitutional adjudicator — and specially within the post-Lisbon Area of Freedom, Security and Justice (AFSJ), ... More


Enlargement of the Council of Europe and Constitutionalization of the European Court of Human Rights

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0002
Subject:
Law, EU Law, Philosophy of Law

The accession of Central and Eastern European states into the Council of Europe and therefore the European Court of Human Rights system, prompted a shift of the European Court of Human Rights towards ... More


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