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Constitutional Adjudication and Parliamentary Democracy

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0002
Subject:
Political Science, Comparative Politics

Focuses on how and why parliamentary systems of governance have accommodated constitutional review. The American and European models of constitutional review are contrasted, and the history, ... More


The Politics of Judging

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0005
Subject:
Political Science, Comparative Politics

The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most ... More


The Nomos and the Gaze: Beyond Self-Determination (II)

Zoran Oklopcic

in Beyond the People: Social Imaginary and Constituent Imagination

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198799092
eISBN:
9780191839573
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799092.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, ... More


Open Societies, Cosmopolitanism and the Kelsenian State as a Safeguard against Nationalism

Robert Schuett

in The Concept of the State in International Relations: Philosophy, Sovereignty and Cosmopolitanism

Published in print:
2015
Published Online:
September 2015
ISBN:
9780748693627
eISBN:
9781474408721
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748693627.003.0009
Subject:
Political Science, International Relations and Politics

This chapter delineates a critical-realist perspective of the state in international relations. That perspective allows for more political change and global reform than hard-nosed Realpolitiker would ... More


The Rise of Constitutional Courts

Víctor Ferreres Comella

in Constitutional Courts and Democratic Values: A European Perspective

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300148671
eISBN:
9780300148688
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300148671.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the 1920s, before the Second World War, when only Lichtenstein and Spain had decided to establish constitutional courts. During that period, a particularly powerful voice, ... More


The Impact of the European Court of Human Rights

Víctor Ferreres Comella

in Constitutional Courts and Democratic Values: A European Perspective

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300148671
eISBN:
9780300148688
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300148671.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on an important organization: the Council of Europe. Its principal mission is to protect human rights. The European Convention on Human Rights, which the Council of Europe ... More


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