9780300148671

Constitutional Courts and Democratic Values : A European Perspective

by
  • ISBN13:

    9780300148671

  • ISBN10:

    0300148674

  • Format: Trade Paper
  • Copyright: 2009-12-01
  • Publisher: Yale University Press
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Summary

In this book, Victor Ferreres Comella studies the European ("centralized") model of judicial review, in which ordinary courts are denied the power to strike down legislation on constitutional grounds and a special constitutional court is established.

Author Biography

Víctor Ferreres Comella is professor of Constitutional Law at Pompeu Fabra University (Barcelona). He is currently teaching Constitutional Law and European Community Law at the Spanish Escuela Judicial (Judicial School), where young judges are trained.

Table of Contents

Acknowledgmentsp. ix
Introductionp. xiii
The Triumph Of An Idea
The Rise of Constitutional Courtsp. 3
Historical Background: The Principle of Separation of Powersp. 10
A Traditional Justification: Legal Certaintyp. 20
Exploring The Advantages Of Constitutional Courts
The Justification of Constitutional Review: The Sketch of an Argumentp. 29
The Special Nature of Constitutional Discoursep. 36
The Structure of the Constitutional Conversationp. 55
Overcoming Judicial Timidityp. 71
The Democratic Objection to Constitutional Reviewp. 86
Democratic Checks on Courtsp. 98
Constitutional Courts Under Pressure
Decentralizing Tendencies in the Systemp. 111
The Impact of the European Court of Justicep. 122
The Impact of the European Court of Human Rightsp. 139
Afterwordp. 155
Notesp. 159
Indexp. 223
Table of Contents provided by Ingram. All Rights Reserved.

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