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Title Rule of law, human rights and judicial control of power : some reflections from national and international law / Rainer Arnold, José Ignacio Martínez-Estay, editor.

Published Cham, Switzerland : Springer, [2017]


Location Call No. Status
Physical description 1 online resource.
Series Ius Gentium: comparative perspectives on law and justice ; volume 61
Ius gentium (Dordrecht, Netherlands) ; v. 61.
Springer Law and Criminology eBooks 2017 English+International
Bibliography Includes bibliographical references and index.
Contents Preface; Contents; Rule of Law and Judicial Control of Power; 1 Constitution and Judicial Review: Comparative Analysis; Abstract; 1.1 Introduction; 1.2 Defence of the Constitution-Constitutional Jurisdiction-Constitutional Justice; 1.2.1 Defence of the Constitution; 1.2.2 Constitutional Jurisdiction; 1.2.3 Constitutional Justice; 1.2.4 Judicial Review; 1.3 Models of Constitutional Control; 1.3.1 American Model; Characteristics; 1.3.2 European Model; 1.3.3 Austrian Model; Current European Model; The Italian Model of Judicial Review; Judicial Review in Germany
Judicial Review in FranceJudicial Review in Portugal; Judicial Review in Spain; 1.4 Conclusions; References; Chile; Other Countries; 2 On the Jurisdictional Control of the Acts of the Government of Romania; Abstract; 2.1 The Government; 2.2 Acts of the Government; 2.3 Control Exerted Over Public Administration; 2.4 Control of Ordinances and Emergency Ordinances Issued by the Government; 2.5 Control of Government Decisions; 2.6 Contentious-Administrative Matters; 2.7 Control Boundaries in Contentious-Administrative Matters
2.8 The Competence of Action Settlement in the Contentious-Administrative2.9 Claim Settlement; 2.9.1 Prior Procedure; 2.9.2 Judgment; 2.10 Indirect Judicial Review; 2.11 Conclusions; References; 3 Judicial Review of Public Power in Poland; Abstract; 3.1 Forms of Public Administration Activity Versus Types of Judicial Review; 3.2 Judicial Review of Law-Making Acts; 3.2.1 Judicial Monopoly of the Constitutional Tribunal and Its Exceptions; 3.2.2 Claim of Hierarchical Non-conformity of Norms in Proceedings Before Administrative Courts
3.3 Judicial Review of the Acts of Application of the Law by Public Administration3.3.1 The Concept of a "Case"; 3.3.2 Matters Outside the Range of Judicial Review Exercised by Administrative Court; 3.4 Constitutional Basis of Administrative Courts' Cognition; 3.5 Range of Cognition of Administrative Courts-Constitutional and Statutory Foundations; References; 4 To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality like an Abstract Judicial Review at the Peruvian Constitution; Abstract; 4.1 The Judicial Review like a Contribution of the United States Judiciary
4.1.1 About the Importance of the Supremacy Clause4.2 The Judicial Review at the Peruvian Constitution; 4.2.1 The Process of Unconstitutionality; 4.2.2 An Open List by a Constitutional Interpretation; 4.2.3 Who Are the Entitled to the Process of Unconstitutionality?; 4.2.4 The Institutions of Direct Democracy and Its Ideological; 4.2.5 A Prescription for Defending Human Rights?; 4.3 The Right of Unconstitutional at the Judicial Practice; References; 5 Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases; Abstract; 5.1 Introduction
Summary Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Other author Arnold, Rainer, editor.
Martínez Estay, José Ignacio, editor.
SpringerLink issuing body.
Subject Rule of law.
Human rights.
Judicial power.
Electronic books.
Electronic books.
ISBN 9783319551869 (electronic bk.)
3319551868 (electronic bk.)
Standard Number 10.1007/978-3-319-55186-9