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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 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


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... 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


International Constitutional Review

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0008
Subject:
Political Science, International Relations and Politics

This chapter analyzes four additional case studies of international courts (ICs) reviewing state practices. In their constitutional review role, ICs hold international and state actors accountable to ... More


Estonia: Positive and Negative Institutional Engineering

Vello Pettai

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.003.0004
Subject:
Political Science, Democratization

Outlines Estonia's path to a new constitution along with an assessment of the new institutions in place since 1992. Because of constant political conflict, Pettai argues that the constitution‐making ... More


Introduction: The ECJ as a Federal Constitutional Court

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0001
Subject:
Law, EU Law

This chapter focuses on those aspects of the role of the European Court of Justice (ECJ) that liken it to the constitutional court of a federal legal system. It provides a broad-brush overview of the ... More


Judicial Constitutional Review as a Last Resort

Kaarlo Tuori

in The Legal Protection of Human Rights: Sceptical Essays

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.003.0018
Subject:
Law, Human Rights and Immigration

This chapter starts by outlining the chapter's moderately critical analysis of external constitutional review of legislation and moves on to describes the ex post concrete constitutional review of ... More


Rights-Based Constitutional Review in Central and Eastern Europe

Wojciech Sadurski

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0017
Subject:
Law, Human Rights and Immigration

The post-communist states of Central and Eastern Europe have embraced, almost without reservation, the power of constitutional courts to strike down legislation under constitutional charters of ... 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


IMPLICIT PROPORTIONALITY PRINCIPLES IN AMERICAN STANDARDS OF CONSTITUTIONAL REVIEW

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the Supreme Court's general substantive standards of constitutional review. The chapter discusses the presence of implicit proportionality principles within each standard. The ... More


The New Terrain of International Law: Courts, Politics, Rights

Karen J. Alter

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.001.0001
Subject:
Political Science, International Relations and Politics

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. ... More


Constitutional Review in Finland

Kaarlo Tuori

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/9780198726418.003.0005
Subject:
Law, Public International Law, EU Law

This chapter takes a look at how constitutional review is conducted in Finland. Here, the Finnish model has managed to ward off at least some of the dangers of which critics of judicial review and ... 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


Problems of Separated Powers in the Constitutional State

Christoph Möllers

in The Three Branches: A Comparative Model of Separation of Powers

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199602117
eISBN:
9780191747663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602117.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter draws upon the principles developed in Chapter 2 and considers more specific legal issues of the separation of powers in contemporary constitutional states. It addresses three topics: ... More


The Constitutionalization of International Law

Jan Klabbers, Anne Peters, and Geir Ulfstein

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.001.0001
Subject:
Law, Public International Law

Constitutional issues have century-long traditions at the national level. The relevance of constitutional questions at the international level has, however, been the subject of much debate in recent ... More


Constitutional Adjudication in the Netherlands

Leonard Besselink

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/9780198726418.003.0011
Subject:
Law, Public International Law, EU Law

This chapter studies constitutional review in the Netherlands. It argues that constitutional adjudication in the Netherlands does indeed exist, though not according to European norms. Furthermore, ... 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


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