Constitutional Review in Europe: A Comparative Analysis

Ön Kapak
A&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

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Yazar hakkında (2014)

Maartje de Visser is an Assistant Professor of Law at the Singapore Management University. Prior to this, she held appointments at Maastricht University and Tilburg Law School in the Netherlands. This book is the culmination of research carried out between 2008 and 2013 when Maartje was a member of the European and National Constitutional Law (EuNaCon) Project, funded by the European Research Council (ERC).

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