Details
Table of Contents
Preface
Setting the scene: elements of constitutional theory and methodology of the research / Marie-Luce Paris
Part I Bills of rights and acts of incorporation: US exceptionalism and adaptation of the parliamentary model
1. The United States of America: a comparativist critique of US judicial review of fundamental rights cases: exceptionalisms, paradoxes and contradictions / Michel Rosenfeld
2. The United Kingdom: rights-based constitutional review in the UK: from form to function / Chintan Chandrachud and Aileen Kavanagh
3. Ireland: leaving behind the commonwealth model of rights review: Ireland as an example of collaborative constitutionalism / Eoin Carolan
A tale of two rights-based reviews or how the European convention on Human Rights Act 2003 has impacted on the Irish model of review / Cliona Kelly
4. Australia: Australian constitutionalism and the UK-style dialogue model of human rights protection / James Stellios
Adventures in the grey zone: constitutionalism, rights and the review of executive power in the migration context / Matthew Zagor
5. Finland: intermediate constitutional review in Finland: promising in theory, problematic in practice / Juha Lavapuro, Tuomas Ojanen and Martin Scheinin
Part II Constitutional courts and constitutional reforms: specific European experiences towards an evolution of the Kelsenian model
6. Italy: the Italian system of constitutional review: a Kelsenian model moving towards a decentralized model? / Paolo Passaglia
7. Spain: the Spanish experience of rights-based review or how constitutional case law has been more principled than legislation in defence of fundamental rights / Agustín Ruiz Robledo
8. France: the French system of rights-based review: from exceptionalism to parochial constitutionalism / Marie-Luce Paris
9. Belgium: the Belgian experience of rights-based review: has the constitutional court become a body subordinated to the European Court of Human Rights? / Marc Verdussen
10. Hungary: the illusion of a constitution in Europe: the Hungarian constitutional court after the Fifth Amendment of the Fundamental Law / Renáta Uitz
Part III Conclusion
11. Comparative law and fundamental rights / John Bell.
Setting the scene: elements of constitutional theory and methodology of the research / Marie-Luce Paris
Part I Bills of rights and acts of incorporation: US exceptionalism and adaptation of the parliamentary model
1. The United States of America: a comparativist critique of US judicial review of fundamental rights cases: exceptionalisms, paradoxes and contradictions / Michel Rosenfeld
2. The United Kingdom: rights-based constitutional review in the UK: from form to function / Chintan Chandrachud and Aileen Kavanagh
3. Ireland: leaving behind the commonwealth model of rights review: Ireland as an example of collaborative constitutionalism / Eoin Carolan
A tale of two rights-based reviews or how the European convention on Human Rights Act 2003 has impacted on the Irish model of review / Cliona Kelly
4. Australia: Australian constitutionalism and the UK-style dialogue model of human rights protection / James Stellios
Adventures in the grey zone: constitutionalism, rights and the review of executive power in the migration context / Matthew Zagor
5. Finland: intermediate constitutional review in Finland: promising in theory, problematic in practice / Juha Lavapuro, Tuomas Ojanen and Martin Scheinin
Part II Constitutional courts and constitutional reforms: specific European experiences towards an evolution of the Kelsenian model
6. Italy: the Italian system of constitutional review: a Kelsenian model moving towards a decentralized model? / Paolo Passaglia
7. Spain: the Spanish experience of rights-based review or how constitutional case law has been more principled than legislation in defence of fundamental rights / Agustín Ruiz Robledo
8. France: the French system of rights-based review: from exceptionalism to parochial constitutionalism / Marie-Luce Paris
9. Belgium: the Belgian experience of rights-based review: has the constitutional court become a body subordinated to the European Court of Human Rights? / Marc Verdussen
10. Hungary: the illusion of a constitution in Europe: the Hungarian constitutional court after the Fifth Amendment of the Fundamental Law / Renáta Uitz
Part III Conclusion
11. Comparative law and fundamental rights / John Bell.