Rights-based constitutional review : constitutional courts in a changing landscape / edited by John Bell, Professor of Law, University of Cambridge, UK ; Marie-Luce Paris, Lecturer in Law, University College Dublin, Ireland.
2016
K3370 .R54 2016 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
Rights-based constitutional review : constitutional courts in a changing landscape / edited by John Bell, Professor of Law, University of Cambridge, UK ; Marie-Luce Paris, Lecturer in Law, University College Dublin, Ireland.
Published
Cheltenham, UK : Edward Elgar Publishing, [2016]
Call Number
K3370 .R54 2016
ISBN
9781784717605 (cased)
1784717606
9781784717312 (eBook)
1784717606
9781784717312 (eBook)
Description
xvii, 443 pages ; 24 cm.
System Control No.
(OCoLC)950468693
Summary
"Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review."-- Back cover.
Note
"Based on the contributions originally presented at the Annual Seminar of the Society of Legal Scholars (SLS) held in Dublin in July 2013, organized by Marie-Luce Paris."--Preface.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Added Author
Added Corporate Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
List of contributors
vii
Preface and acknowledgements
xiii
List of journal abbreviations
xvi
Setting the scene: elements of constitutional theory and methodology of the research / Marie-Luce Paris
1
pt. I
BILL OF RIGHTS AND ACTS OF INCORPORATION: US EXCEPTIONALISM AND ADAPTATION OF THE PARLIAMENTARY MODEL
1.
United States of America: A comparativist critique of US judicial review of fundamental rights cases: exceptionalisms, paradoxes and contradictions / Michel Rosenfeld
29
2.
United Kingdom: Rights-based constitutional review in the UK: from form to function / Aileen Kavanagh
63
3.
Ireland
3.1.
Leaving behind the Commonwealth model of rights review: Ireland as an example of collaborative constitutionalism / Eoin Carolan
94
3.2.
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
120
4.
Australia
4.1.
Australian constitutionalism and the UK-style dialogue model of human rights protection / James Stellios
148
4.2.
Adventures in the grey zone: constitutionalism, rights and the review of executive power in the migration context / Matthew Zagor
180
5.
Finland: Intermediate constitutional review in Finland: promising in theory, problematic in practice / Martin Scheinin
218
pt. 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
247
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 / Agustin Ruiz Robledo
276
8.
France: The French system of rights-based review: from exceptionalism to parochial constitutionalism / Marie-Luce Paris
302
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
346
10.
Hungary: The illusion of a constitution in Europe: the Hungarian Constitutional Court after the Fifth Amendment of the Fundamental Law / Renata Uitz
374
pt. III
CONCLUSION
11.
Comparative law and fundamental rights / John Bell
409
Index
431