Constitutional Review in Europe: A Comparative AnalysisA&C Black, 18 Tem 2014 - 528 sayfa Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law. |
İçindekiler
B Removal from the Bench | |
Final Comparative Remarks and Reflections on the Court of Justice | |
Chapter 5 | |
Cour constitutionnelle | |
Ústavní Soud IV Germany Bundesverfassungsgericht | |
Conseil constitutionnel | |
Alkotmánybíróság | |
Corte costituzionale | |
Heads of State | |
The People | |
Concluding Remarks | |
Chapter 2 | |
The Impact of the ECHR and of EU Membership | |
A The Netherlands | |
Concluding Remarks and Some Brief Reflections on the | |
Czech Republic | |
Chapter 3 | |
Spain | |
Comparative Remarks | |
Resolving Institutional Disputes | |
Ensuring the Integrity of Political Office and Related | |
Referendums | |
B The Court of Justice in Comparative Perspective | |
Chapter 4 | |
Selection and Appointment Procedures | |
Number of Judges and Eligibility Criteria A Number of Judges | |
B Qualifications that New Judges Must Possess | |
Tenure of Judicial Appointments and Termination Thereof A Duration of Appointment | |
Trybunał Konstytucyjny | |
Tribunal Constitucional | |
Raad van State | |
House of Lords Constitution Committee | |
Comparative Remarks | |
Chapter 6 | |
Theory of the Living | |
ConstitutionConform Interpretation | |
Types of Judgment and their Effects | |
Concluding Remarks | |
Chapter 7 | |
Hungary and Limitation Periods for Crimes | |
Constitutional Overrides | |
A ConstitutionConform Interpretation and the Demarcation | |
B The Appellate Dimension of the Constitutional Complaint | |
Interactions among European Constitutional Courts | |
Interactions between Constitutional Courts and the Court | |
Interactions between National Highest and Constitutional | |
Concluding Remarks | |
Bibliography | |
Diğer baskılar - Tümünü görüntüle
Sık kullanılan terimler ve kelime öbekleri
acts of parliament adopted Alkotmánybíróság amendment Article Basic Law Belgian constitution bill Bundesverfassungsgericht BVerfG chancellor chancellor of justice competence Conseil constitutionnel Constitution Committee Constitutional Act constitutional adjudication constitutional complaint constitutional court constitutional issues Constitutional Justice Constitutional Law Constitutional Law Committee constitutional provisions constitutional review Constitutional Tribunal context Corte costituzionale Council countries Cour constitutionnelle Court of Justice Czech constitution Czech Republic decide Decision Dutch constitution ECHR ECtHR ensure European Constitutional European Court European Union federal Finnish constitution French constitution function Fundamental Law fundamental rights German Human Rights Hungarian constitutional Hungary ibid institutions interpretation Italian constitution judges Judgment Pl judiciary legal norms legal order legislation legislature national constitutional Organic Law Oxford parliamentary Pl ÚS Polish constitution powers preliminary reference president principles procedure proposal relevant role Rule of Law Sentencia Sentenza Spanish constitution statutes Supreme Court Tribunal Constitucional Trybunał Konstytucyjny unconstitutional Ústavní Soud Venice Commission
