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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 Justice in France

Olivier Jouanjan

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0006
Subject:
Law, Public International Law, EU Law

This chapter examines the concept of ‘constitutional justice’ (justice constitutionnelle) as it is understood within the French legal order. Afterward, the chapter examines the history of French ... More


Karlsruhe Republic, 1990–2001

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/9780198753377.003.0005
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter 5 assesses the Court’s role in the process of German reunification. The Court played a mediating, integrationist role. It was, at times, the only forum where Eastern interests received a full ... More


The European Court of Human Rights between Law and Politics

Jonas Christoffersen and Mikael Rask Madsen (eds)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book provides the first comprehensive analysis of the rise and subsequent development of one of the most striking supranational judicial institutions ever created. The book brings together ... More


Constitutional v International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law

Stéphanie Hennette-Vauchez

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter challenges the relevance of the reformatory rationale that has imposed itself over the past decade with respect to ECHR reform, that is one based on an alternative between ... More


Chasing Rainbows: 2005–2020

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter highlights how the Constitutional Court of South Africa has engaged with the memory of apartheid since 2005. It shows how many of the patterns of earlier years persisted—aggressive ... More


Individual and Constitutional Justice: Can the Power Balance of Adjudication be Reversed?

Jonas Christoffersen

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0010
Subject:
Law, Public International Law, Human Rights and Immigration

The institutional balance has tilted in favour of the Court. The chapter argues that it is time to reconsider the role of national authorities as the Court was meant to play only an insignificant and ... More


Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Alec Stone Sweet and Jud Mathews

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.001.0001
Subject:
Political Science, Political Theory

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern ... More


Introduction: Constitutional Justice and Collective Memory

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter introduces the topic of the book, which is how constitutional courts invoke historical evil as a reference and an aid in constitutional interpretation. The chapter sets forth the two ... More


A Kantian System of Constitutional Justice

Alec Stone Sweet, Clare Ryan, and Eric Palmer

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter develops an account of a Kantian system of constitutional justice based on a series of interlocking claims: (i) that the People have placed their freedom in trust, in the form of a ... More


Conclusion: Memory in the Balance

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This conclusion takes stock of the preceding chapters. It asks whether courts should invoke the memory of historical evil and, if so, how. It summarizes the virtues, defects, and dangers of the ... More


Rethinking the European Court of Human Rights

Luzius Wildhaber

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0011
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the need fundamentally to reform the Court. The chapter argues that the focus should be on the most serious or structural human rights violations, and that a departure from ... More


Epilogue: The View from Europe

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/9780198753377.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The Epilogue looks at the status of the current Court by light of its recent decisions involving European integration and the crisis of the Eurozone. It discusses in some detail the Court’s 2009 ... More


Beyond Individual Justice

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the growing capacity of the European Court to fulfill its role as the omnilateral trustee for the cosmopolitan legal order, and the constitutional court of the regime. In ... More


Karlsruhe: From Scholarship to Practice

Dieter Grimm

in Dieter Grimm: Advocate of the Constitution

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198845270
eISBN:
9780191880551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845270.003.0006
Subject:
Law, Constitutional and Administrative Law

In 1987 Dieter Grimm was elected justice of the Federal Constitutional Court of Germany. The chapter describes the background of the election, the moving from Bielefeld to Karlsruhe (the residence of ... More


Africa’s Sub-Regional Courts as Back-Up Custodians of Constitutional Justice: Beyond the Compliance Question

Solomon T. Ebobrah and Victor Lando

in The Performance of Africa's International Courts: Using Litigation for Political, Legal, and Social Change

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198868477
eISBN:
9780191913099
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868477.003.0006
Subject:
Law, Public International Law

This chapter argues that Africa’s international courts are involved in a new supranational constitutionalism that is anchored outside national constitutions. The value of Africa’s international ... More


Introduction

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/9780300148671.003.0001
Subject:
Law, Constitutional and Administrative Law

This book concerns the legal landscape of contemporary Europe, which relies on the institutional salience of constitutional courts. Within the European Union, in particular, the vast majority of ... More


Beyond Rights Minimalism

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the European Court’s approach to adjudicating the qualified rights: to privacy and family life, and to the freedoms of expression, conscience, and religion. Facilitated by the ... More


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