Rule of law, human rights and judicial control of power : some reflections from national and international law / Rainer Arnold, José Ignacio Martínez-Estay, editors.
2017
K3171 .R8495 2017 (Map It)
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Title
Rule of law, human rights and judicial control of power : some reflections from national and international law / Rainer Arnold, José Ignacio Martínez-Estay, editors.
Published
Cham, Switzerland : Springer, [2017]
Copyright
© 2017
Call Number
K3171 .R8495 2017
ISBN
3319551841 (hardback : acid-free paper)
9783319551845 (hardback : acid-free paper)
9783319551845 (hardback : acid-free paper)
Description
xi, 446 pages ; 25 cm.
System Control No.
(OCoLC)972771863
Summary
"Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control." -- Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
pt. I
Rule of Law and Judicial Control of Power
1.
Constitution and Judicial Review: Comparative Analysis / Emilio Alfonso Garrote Campillay
3
2.
On the Jurisdictional Control of the Acts of the Government of Romania / Eugen Chelaru
29
3.
Judicial Review of Public Power in Poland / Michal Jackowski
53
4.
To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality like an Abstract Judicial Review at the Peruvian Constitution / Carlos Hakansson
67
5.
Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases / Emmah Senge Wabuke
77
6.
Direct Participation of the People in Public Power---Advantages and Disadvantages of a Referendum, Croatian and European Perspective / Biljana Kostadinov
111
7.
Role of Civil Society in the Control of Public Power / Maria Perez-Ugena Coromina
131
8.
Basic Features of the Constitutional System in Kosovo / Enver Hasani
149
9.
Role of the Constitutional Justice in Controlling the Balance Between State Powers in the Republic of Moldova / Alexandra Tanase
177
10.
Judicial Control of Public Power As a Legal Instrument For Protection of Human Rights and Fundamental Freedoms in Ukraine / Nataliia Mushak
189
pt. II
Judicial Control, its Effects and Limits
11.
Respect for Judicial Precedent as a Limit on the Exercise of Public Power / Santiago Legarre
201
12.
Reception of the Proportionality Test By Chilean Scholars: A Critical Analysis / Ignacio Covarrubias Cuevas
211
13.
Constitutional Tribunals' Judicial Review of Public Power in Poland / Boguslaw Banaszak
243
14.
Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power / Arta Vorpsi
259
15.
Project of Constitutional Reform in Austria / Heribert Franz Kock
271
pt. III
Human Rights and Judicial Control
16.
Consensus and the Intensity of Judicial Review in the European Court of Human Rights / Soledad Bertelsen
295
17.
Jurisdiction on the Social Rights: A Conflict Between the Courts and Public Power in the Italian Legal System / Valentina Colcelli
313
18.
Depreciation of State Sovereignty at the Turn of the 21st Century / Mariusz Muszynski
327
19.
International Criminal Court as an International Judicial Control of the National Public Power? (the ICC's Standpoint on the Complementarity Principle in the Prosecutor V. Simone Gbagbo Case) / Peter Kovacs
343
20.
Judicial Review of EU Legislation as an Instrument to Ensure Consistency of National and EU Law / Joanna Osiejewicz
361
21.
Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System / Francesca Polacchini
377
22.
Role of the European Court of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association / Selin Esen
391
23.
Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in Chile / Jaime Arancibia Mattar
423
Index
445