The nature and function of judicial review -- Germany: dignity and democracy -- Eastern Europe: (re) establishing the rule of law -- France: purely abstract review -- Canada: imposing rights on the common law -- South Africa: defining a new society -- Tests of unconstitutionalit…
The nature and function of judicial review -- Germany: dignity and democracy -- Eastern Europe: (re)establishing the rule of law -- France: purely abstract review -- Canada : imposing rights on the common law -- South Africa: defining a new society -- Tests of unconstitutionalit…
"The Judge as Political Theoristexamines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief execu…
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief execu…
In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location str…
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the…
In 2007 the International Association of Constitutional Law established an Interest Group to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts. This results of the survey, presented here, gives us the best evidence yet of the existence, and e…
"In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its …