Jump to ContentJump to Main Navigation

You are looking at 1-9 of 9 items

  • Keywords: constitutional judicial review x
Clear All Modify Search

View:

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


Abstract and Concrete Review in the United States

Alec Stone Sweet and 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:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... 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


Republicans, Rights, and Constitutions: Is Judicial Review Compatible with Republican Self-Government?

Iseult Honohan

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter argues that constitutional judicial review can be understood as forming a part of republican self-government, even if greater emphasis is placed on citizen participation than other ... More


Non-judicial Review

MARK TUSHNET

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0011
Subject:
Law, Human Rights and Immigration

This chapter examines three practices of non-judicial constitutional review, which involve constitutional review conducted by elected officials. It identifies the incentives and structures for judges ... More


Rights, Rules, and Democracy

RICHARD S. KAY

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0006
Subject:
Law, Human Rights and Immigration

This chapter focuses on competing characterizations of the nature of constitutional judicial review. It argues that the source of much scepticism of constitutional rights lies in the success of the ... More


Inventing Separation of Powers

Martin S. Flaherty

in Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691179124
eISBN:
9780691186122
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691179124.003.0002
Subject:
Political Science, International Relations and Politics

This chapter focuses on separation of powers. It shows that even standard historical accounts do not fully appreciate how central the separation of powers was in the ferment that led to the U.S. ... More


Constitutionalism, Liberalism, and Democracy

Andrei Marmor

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/9780192896759.003.0002
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter describes the tension between democratic decision-making procedures and constitutional judicial review. It shows that the liberal values that justify a democratic self-government may ... More


Term Limits and the Unconstitutional Constitutional Amendment Doctrine: Lessons from Latin America

David Landau, Yaniv Roznai, and Rosalind Dixon

in The Politics of Presidential Term Limits

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198837404
eISBN:
9780191874109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837404.003.0004
Subject:
Political Science, American Politics

This chapter examines the interaction between term limit provisions and the unconstitutional constitutional amendment doctrine in Latin America. It illustrates the varied approaches of courts ... More


View: