Seminar paper from the year 2008 in the subject Politics - International Politics - Topic: European Union, grade: 1,7, University of Hamburg (Master of Arts European Studies), course: Introduction to the System of the EU, language: English, ... Found insideThe essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory. Found insideThis book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration ... This is done through explaining the legal and political character of those bodies as well as their place in the system of the state power. A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy. These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond. This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes. This book analyses the specificity of the law-making activity of European constitutional courts. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design. Functioning of the court Em sammenligning af USA' højesteret og den tyske føderale forfatningsdomstol Examines the structure and workings of the federal court system and the interrelationships among its branches This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, ... This volume critically discusses the relationship between democracy and constitutionalism. Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which ... Found insideThis book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of ... Political disputes cannot be predicted, nor can they be eliminated. However, they can be mitigated, and unfortunately this is still missing in the Polish Constitutional Court model. FROM THE INTRODUCTION This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional ... Constitutional courts: forms, functions and practice in comparative perspective Andrew Harding, Peter Leyland and Tania Groppi -- Austria: the constitutional court of Austria: modern profiles of an archetype of constitutional review Anna ... The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on ... This volume contains seventeen reports which demonstrate how these issues have been dealt with by different legal Systems in Europe. This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. The private law paradigm of litigation, he says, is inappropriate in constitutional cases.Keyzer argues that an application for the judicial review of legislative action should be characterised as an exercise of political free speech, and ... By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of ... Found insideThe book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is ... This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. The purpose of the research is to study the formation, function and action of the Constitutional Court of Thailand (under the abrogated 1997 Constitution) and South Korea (under the present Constitution). This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non ... Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts. These videos are enriched by photographs, maps, and even audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory. 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