... emergency powers play within a polyarchical constitution. It also discusses the epistemic dimension of emergency powers, constitutional dualism, and judicial control over emergency power. Ackerman B constitutions government Dahl R Paine T Schmitt C Schumpeter J A Sieyes E absolutism conservatism...

...The legislature has intervened to withdraw some kinds of cases from judicial control by designating them as involving political acts or acts of sovereignty. These concepts mean that certain actions are not subject to judicial control not only because it would be difficult for the judiciary to deal...

... with no or little judicial review, like Switzerland, Denmark, Ireland, New Zealand (or even Great Britain, Sweden, Finland, Greece, or Luxembourg, as much less frequent users of the referendum), have no judicial control, or only formal judicial control, that is, a control which is limited to checking the regularity...

... the responsibility of the United Nations and participating states for any wrongful acts committed by peacekeepers in their official capacity should be firmly recognized and made subject to effective judicial control. In the difficult process from armed conflict through various post-conflict stages to stable...

... these and other forms of judicial control of the EU’s administrative acts developed through litigation and the rule-making of the European Court of Justice and the Court of First Instance, despite the absence of explicit Treaty of Rome provision, so that the basic foundations of EU administrative law are now...

...This chapter argues that two distinct approaches to monitoring subsidiarity, focused on procedural tests of competence, are providing a new approach to the judicial control of subsidiarity. The Lisbon Treaty increases ex ante political control by empowering national parliaments...

.... But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different...

... on the basis of a distinctive republican notion of judicial control and legitimacy. In accordance with this theory, the authority and legitimacy of judicial decisions — especially at the appellate levels — rested not with the public accountability of judicial reasoning, nor with individually signed...

... political compromise more than principle and the extent of public and parliamentary readiness at the stage of uniformity of political commitment with respect to judicial control was dependent on the European Court of Justice (ECJ). In a Declaration on Asylum attached to the Maastricht Treaty...

... whether the rise of ‘managerial judging’—greater judicial control over the conduct of trials in the name of ‘efficiency’—has adversely affected defence perceptions of the fairness of trials. Perhaps surprisingly, most defence attorneys do not believe that judges at the ICC have undermined the fairness...

... and the Parliament ought to be strengthened. Since judicial control complements political control, the chapter finishes by looking into the position of EU agencies in EU procedural law. While the Treaty of Lisbon has mended the most acute lacunae, it also leaves open some questions related to the EU agencies...

...; to the use of EU institutions in this ambit; and to the consequences of executive dominance for democratic and judicial control. Council European Council Executive dominance Bonds European Central Bank European Stability Mechanism Executive federalism Expert bodies Intergovernmentalism Budgetary...

... in compliance with procedural rights. Section 2 considers procedural protection from European sanctions giving effect to UN lists. Section 3 addresses the necessary level of judicial control over individual sanctions. It considers the role of the judiciary in determining the line that separates lawful counter...

... Constitution (Hart: Oxford, 2006) 399 and ff. Judicial Control in the European Union. Alicia Hinarejos. © Oxford University Press 2009. Published 2009 by Oxford University Press. 2 Introduction: The ECJ as a Federal Constitutional Court this intention, the rst section will provide a broad-brush overview...

...This chapter outlines some of the central characteristics that differentiate jury systems. Topics discussed include the jury's role in democratic theory and practice, adversary procedure and the jury, contemporary juries, judicial control over the jury, and other factors bearing on jury system...

... integration more generally. In that context, it also provides a short background outlining how the Constitutional Court has treated problems of European integration. It argues that the development of supranational integration sheds new light on some of the central aspects of theories of judicial control...

...This chapter deals with a primordial aspect of the evolution of the Area of Freedom, Security and Justice (AFSJ): judicial control. It maps out what the present situation is and what the future is likely to be — and should be. The study of judicial control in this area presupposes, however...

... jus cogens obligations norms responsibility economic sanctions European Court of Human Rights United Nations Security Council judicial control equivalent protection doctrine Article 103 of the UN Charter authorized military operations The question of the responsibility of States acting...

... sphere. The European Parliament is not much involved in the executive aspects of Community policies, and its exclusion from the executive aspects of the CFSP, therefore, does not represent as stark a contrast as it might appear. The possibilities for judicial control by the Court of Justice within...

... accountability judicial transparency judicial control This book has argued that it has been a recurring mistake for the American discipline of comparative law to organize its understanding of Franco-American judicial difference around the formalism/realism divide. As we have seen over and over again, both...