Constitutional Review and Democracy

Administrative / Constitutional Law

Constitutional Review and Democracy

By Miodrag A. Jovanovic
Eleven International Publishing May 2015

Specifications

ISBN-13
9789462365124
Publisher
Eleven International Publishing
Publication
May 2015
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This volume, which came as a follow-up of the conference organized in November 2013 under the same title at the Faculty of Law, University of Belgrade, tries to shed some new light on the complex relation between democracy and judicial review of constitutionality.

The first part is dedicated to more general and theoretical aspects of the debate. The second part of the volume discusses constitutional review in the transnational setting. The third part of the volume explores the dynamics between parliaments and highest courts in constitutional democracies without the formalized constitutional review.

Table of Contents

Introduction
Establishing Effective Constitutional Review
The Theory of Constitutional Review
Always Above the Law? Justification of Constitutional Review Revisited
On the Abstract Case Against Constitutional Review
Constitutional Review in a Democratic Deficit Setting: The Case of European Union
Authority of European Human Rights Law - Lessons for Constitutional Law
Ban on Political Parties in a Dialogue of Jurisdictions (Cases Against Turkey, Bulgaria and Spain)
Lingering With Intent: The UK Constitutional Review
Constitutional Review and Democracy in the Netherlands: Balancing Legislative and Judicial Powers in an Internationalized Legal Order
Constitutional Justice and the Rule of Law: The Contribution of the Spanish Constitutional Court to the Consolidation of Democracy
The Romanian Constitutional Judge - Lost in Transition
Finding Ways Through the Clouds of Uncertainty, Searching for Paths in the Desert of Sorrow: The Functioning of Constitutional Justice in a Non-Consolidated Democracy
Constitutional Review and the Parliamentary Supermajority: The Hungarian Example
The Role of the Constitutional Court of Serbia in Developing Constitutional Democracy - The Example of a Dispute on the Legal Nature of Representative Mandate
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