Against the New Constitutionalism

Name: Against the New Constitutionalism
Brand: Edward Elgar Publishing
SKU: 9781783473007
Price: 1399.71 HKD
Availability: InStock
Author: Tamas Gyorfi
ISBN: 9781783473007

By Tamas Gyorfi

Edward Elgar Publishing September 2016

Specifications

ISBN-13: 9781783473007
Publisher: Edward Elgar Publishing
Publication: September 2016
Format: Hardback
Jurisdiction: International ? Countri(es) for reference only

Details

Ever since World War II, 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. He 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.

1. The New Constitutionalism
2. Political Principles
3. From Principles to Institutions
4. Constitutional Interpretation
5. A Theory of Weak Judicial Review
Index