Judges as Guardians of Constitutionalism and Human Rights

Judges as Guardians of Constitutionalism and Human Rights

Aksenova, Marina; Scheinin, Martin; Krunke, Helle

Edward Elgar Publishing Ltd

04/2016

400

Dura

Inglês

9781785365850

15 a 20 dias

There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Contents: Preface 1. Introduction Helle Krunke and Martin Scheinin PART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL 2. On Judging Aharon Barak 3. The Changing Understanding of Judicial Legitimacy Or Bassok 4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human Rights Helle Krunke PART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United Kingdom David Hope (The Lord Hope of Craighead) 6. The Judiciary and the Surveillance State: General Trends and German Experiences Wolfgang Hoffmann-Riem 7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative Perspective TJ McIntyre 8. Procedural Fairness and Judicial Review of Counter-Terrorism Measures David Jenkins 9. The Judiciary in Times of Terrorism and Surveillance: A Global Perspective Martin Scheinin PART III THE JUDICIARY IN TIMES TRANSITION 10. The Role of the Judiciary in Egypt's Failed Transition to Democracy Antoni Abat i Ninet 11. The Russian Constitutional Court in International Legal Dialogues Bakhtiyar Tuzmukhamedov 12. Guides and Guardians: Judiciaries in Times of Transition Ebrahim Afsah PART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal Court Anita Usacka 14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights System Carlos Ayala 15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the Individual David Thor Bjoergvinsson 16. The Task of Regional and International Courts in Guarding Constitutionalism and Human Rights Marina Aksenova and Geir Ulfstein Index
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