Constitutional Courts as Positive Legislators - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Courts as Positive Legislators write by Allan-Randolph Brewer Carias. This book was released on 2011. Constitutional Courts as Positive Legislators available in PDF, EPUB and Kindle. This book analyzes the role of constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Constitutional Courts as Positive Legislators
Constitutional Courts as Positive Legislators - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Courts as Positive Legislators write by Allan R. Brewer-Carías. This book was released on 2013-07-11. Constitutional Courts as Positive Legislators available in PDF, EPUB and Kindle. In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Judicial Law-Making in European Constitutional Courts
Judicial Law-Making in European Constitutional Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Law-Making in European Constitutional Courts write by Monika Florczak-Wątor. This book was released on 2020-05-07. Judicial Law-Making in European Constitutional Courts available in PDF, EPUB and Kindle. This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
The Cambridge Companion to Comparative Constitutional Law
The Cambridge Companion to Comparative Constitutional Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Cambridge Companion to Comparative Constitutional Law write by Roger Masterman. This book was released on 2019-10-03. The Cambridge Companion to Comparative Constitutional Law available in PDF, EPUB and Kindle. Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Constitutional Politics and the Judiciary
Constitutional Politics and the Judiciary - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Politics and the Judiciary write by Kálmán Pócza. This book was released on 2018-11-19. Constitutional Politics and the Judiciary available in PDF, EPUB and Kindle. Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
