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Who Guards the Guardians?: Constitutional Adjudication

András Sajó and Renáta Uitz

in The Constitution of Freedom: An Introduction to Legal Constitutionalism

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198732174
eISBN:
9780191796524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732174.003.0010
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter examines constitutional adjudication as a mechanism designed to ensure that the constitution is properly observed. It begins with an overview of the development of constitutional review ... More


Courts as Guarantors of Democracy

Samuel Issacharoff

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0006
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter discusses the judicial oversight of democracy. Three cases indicate how courts act as guarantors of constitutional democracy, suggesting ways they could react to current populist ... More


Constitutional Rights without the Notion of OptimizationLimiting Judicial Activism in the Realm of Social and Economic Rights

Axel Tschentscher

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0010
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter argues that apex courts should not take the place of the legislative or the executive branch. It takes a critical stance towards the notion of optimization that legal principles entail. ... More


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