... of lawyers and judges for basing their arguments on generic constitutional rights rather than specific environmental rights. Indonesia right to a healthy environment Constitutional Court constitutional review environmental law In our first example, the applicants—mainly various citizens and environmental...

... the legality of the 1979 amnesty law according to the subsequently enacted 1988 constitution – a procedure known in the STF’s jurisdiction as ‘constitutional review of pre-constitutional norms.’ ¹⁸ The Brazilian Bar Association (acting as the plaintiff) argued that the principles of the new...

... Confucian constitutionalist ideas and institutions are integrated with some ideas and institutions of the Marshallian and Kelsenian models of constitutional review. Confucianism constitutionalism constitutional academy constitutional lecture constitutional record constitutional review Liberal...

...Dimitrios Kyritsis *Lecturer in Law, University of Sheffield. Email: [email protected] . © The Author 2012. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: [email protected] 2012 Abstract The legitimacy of constitutional review...

... the rights of man in case of legal gaps. Sieyès constitutional review constituent power separation of powers hierarchy of norms human rights As a political thinker, the abbé Sieyès is known particularly for being the man who transformed the Third Estate into the French Nation and for his celebrated...

... (as well as constitutional review); and pacifism (as well as cosmopolitanism). epistemology ethics lex ferenda lex lata monism legal morality positive law autocracy constitutionalism democracy dualism legal fragmentation of law human rights ideology individuals legal validity normative...

...” Hayek FA Rawls John on moral consensus Court of Justice of the European Union CJEU European Union language Weiler JHH constitutional interpretation constitutional adjudication constitutional review judicial review constitutional identity constitutional pluralism moral reading metaethics...

... identity. relationship with reflection reflection Socrates values common sentiment constitutional adjudication constitutional identity courts ethical arguments and constitutional identity constitutional interpretation constitutional reasoning constitutional adjudication constitutional review...

... this empirical proposition. But there are other reasons why the question about the nature of value could be particularly intense and visible in constitutional law. The first is the specific combination of concerns about the democratic legitimacy of courts to perform constitutional review and the indeterminate...

... prosecutor prosecution agency Constitutional Court courts judges attitudinal model strategic model constitutional review legalism Judicial politics is the study of how politics influences the structure, process, and decision-making of judicial institutions, as well as how such institutions...

...’ is well known Fig. 2.1. Constitutional review and the legislative process. 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, structure...

... and, more importantly, on the understandable desire to avoid clashes between the legislature and the courts. This chapter also discusses issues related to contempt in the British colonies and the procedural implications of constitutional review. colonies Constitutions courts Executive fines 77...

... or another of judicial power. This issue, an inevitable consequence of constitutional review, came to be called “the countermajoritarian difficulty” in the 1960s. This chapter delves into the issue of judicial power by returning to constitutional courts, which exist because reflexivity is an essential part...

...Constitutional review, the power of courts to strike down incompatible legislation and administrative action, is an innovation of the American constitutional order that has become a norm of democratic constitution writing. Some political systems, such as the United States', have developed vigorous...

... of constitutional review at the national level. The introduction further presents the concept of the judicial triangle that will be used as an analytical tool in the book, to map power relations between the Court of Justice, constitutional courts, and ordinary national courts, which ensue from the developments...

...Christine Landfried, Constitutional Review in the European Legal Space: A Political Science Perspective In: The Max Planck Handbooks in European Public Law. Edited by Armin von Bogdandy, Peter M Huber, and Christoph Grabenwarter, Oxford University Press. ©...

...This chapter explores the history of the prerogative from both a legal and a political perspective, arguing that the legal history of the prerogative is best understood in terms of structural constitutional review. The essence of the argument is that the courts have been forced to draw...

.... Constitutional review was not an easy fit with this legal culture and its introduction unsurprisingly triggered heated debates whether the Court was to be a primarily legal or political institution. The turn to transformative constitutionalism exacerbated this challenge to traditional ideas of law, because...

...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 first section evaluates strict scrutiny and its introduction of proportionality for certain...

... private law constitutional review Egypt Iran Israel Algeria International Criminal Court judges human rights Middle Eastern law lawyers justice constitutional law constitutional review rule of law L'avenir dure longtemps. Louis Althusser ¹ At the end of the journey, it wouldn't...