Against the new constitutionalism

by Győrfi, Tamás

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Title Statements

Full title :Against the new constitutionalism / Tamas Gyorfi, University of Aberdeen, UK.

Summary

Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds. The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.--Provided by publisher.

Edition Statements

Publication Date:©2016

Publication Statements

Publisher(s):Edward Elgar Publishing
Place of Publication:Cheltenham, UK
Language:eng
Publication Date:©2016

The Physical Object

Description:viii, 278 pages ; : 25 cm.

Edition Identifiers

ISBN:9781783473007, 1783473002
oclc:ocn951999156
LC Classification:K3165
Dewey Decimal:342

1. The new constitutionalism -- 2. Political principles -- 3. From principles to institutions -- 4. Constitutional interpretation -- 5. A theory of weak judicial review.