Jump to ContentJump to Main Navigation

You are looking at 1-10 of 10 items

  • Keywords: constitutional judges x
Clear All Modify Search

View:

The System of the Constitution

Adrian Vermeule

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.001.0001
Subject:
Law, Constitutional and Administrative Law

A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through ... More


Constitutional Judging

Adrian Vermeule

in The System of the Constitution

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199838455
eISBN:
9780199932481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199838455.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter illustrates a systemic view of constitutional judging—especially judging by justices of the U.S. Supreme Court. It also considers decisions by other actors that bear more or less ... More


On the Importance of Not Being Elected

Pierre Rosanvallon

in Democratic Legitimacy: Impartiality, Reflexivity, Proximity

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149486
eISBN:
9781400838745
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149486.003.0010
Subject:
Political Science, Political Theory

This chapter considers the issue of whether or not it is democratic for a handful of unelected judges to be able to impose their views on the representatives of the people. For nearly a century, ... More


The Special Nature of Constitutional Discourse

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/9780300148671.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter attempts to underscore the potential advantages to creating a special constitutional tribunal that is relatively detached from the ordinary judiciary. This is especially so in civil-law ... More


The Misconceived Quest for the Elusive Right Answer or Dedication to a Process, Not a Result

W. J. Waluchow

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/9780192896759.003.0003
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter assesses whether the exercise of judicial discretion in answering pivotal legal questions is necessarily illegitimate in a constitutional democracy. It argues that legitimacy does not ... More


Biographical Interview with Ernst-Wolfgang Böckenförde (2011)

Mirjam Künkler and Tine Stein (eds)

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
eISBN:
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0022
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter provides excerpts from an interview that historian Dieter Gosewinkel conducted with Böckenförde in 2009–10, covering Böckenförde’s personal and intellectual biography, his relationship to ... More


Continuity, 1982–1990

Justin Collings

in Democracy's Guardians: A History of the German Federal Constitutional Court, 1951–2001

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198753377
eISBN:
9780191815003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753377.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter 4 reports the Court’s rebound from the 1970s crisis. It describes how the Court benefited by contrast from a series of political scandals and how it responded to a massive popular uprising by ... More


Enhancing Constitutional Self-Understanding through Comparative Law: An Empirical Study of the Use of Foreign Case Law by the Supreme Court of Canada (1982–2013)

Gianluca Gentili

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0021
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Since the adoption of the 1982 Charter of Rights and Freedoms (Charter), the Supreme Court of Canada (SCC or Court) has established itself as one of the most progressive constitutional judges ... More


Biographical Interview with Ernst-Wolfgang Böckenförde [2011]

Ernst-Wolfgang Böckenförde, Mirjam Künkler, and Tine Stein

in Religion, Law, and Democracy: Selected Writings

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198818632
eISBN:
9780191859588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198818632.003.0021
Subject:
Law, Constitutional and Administrative Law

The chapter consists of excerpts of an interview historian and legal scholar Dieter Gosewinkel conducted with Böckenförde in 2009/2010. The selected sections discuss Böckenförde’s critique of ... More


A Christian in the Office of Constitutional Judge [1999]

Ernst-Wolfgang Böckenförde, Mirjam Künkler, and Tine Stein

in Religion, Law, and Democracy: Selected Writings

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198818632
eISBN:
9780191859588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198818632.003.0015
Subject:
Law, Constitutional and Administrative Law

In this personal reflection, Böckenförde portrays the dilemma he faced during his tenure as a judge on Germany’s Federal Constitutional Court: trying to bridge his Christian Catholic spirituality ... More


View: