Rights-Based Constitutional Review
Rights-Based Constitutional Review
Constitutional Courts in a Changing Landscape
Bell, John; Paris, Marie-Luce
Edward Elgar Publishing Ltd
04/2016
464
Dura
Inglês
9781784717605
15 a 20 dias
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
Agustin 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
Renata Uitz
PART III CONCLUSION
11. Comparative Law and Fundamental Rights
John Bell
Index
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
Agustin 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
Renata Uitz
PART III CONCLUSION
11. Comparative Law and Fundamental Rights
John Bell
Index