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Comparative Judicial Review

Comparative Judicial Review

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788110594
  • 出版时间 September 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,385.25
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics.

    This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments.

    This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

  • 1. Introduction
    Erin F. Delaney and Rosalind Dixon
    Part I The Origins and Functions of Judicial Review
    2. The Real Case for Judicial Review
    Alon Harel and Adam Shinar
    3. Constitutions as Political Insurance: Variants & Limits
    Rosalind Dixon and Tom Ginsburg
    4. Comparative Constitutional Law as a Window on Democratic Institutions
    Samuel Issacharoff
    5. The Origins and Growth of Judicial Enforcement
    Steven Gow Calabresi
    Part II The Political and Institutional Contexts for Judicial Review
    6. Interpreting Constitutions in Divided Societies
    Hanna Lerner
    7. Judicial Review in the Context of Constitutional Islam
    Salma Waheedi and Kristen Stilt
    8. New Judicial Roles in Governance
    Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein
    9. Competition or Collaboration: Constitutional Review by Multiple Final Courts
    Wen-Chen Chang and Yi-Li Lee
    Part III The Stability and Effectiveness of Judicial Review
    10. Judicial Review as a Self-Stabilizing Constitutional Mechanism
    Tonja Jacobi, Sonia Mittal and Barry R. Weingast
    11. Losing Faith in Law’s Autonomy: A Comparative Analysis
    Theunis Roux
    12. Courts and Support Structures: Beyond the Classic Narrative
    David Landau
    13. National Perspectives on International Constitutional Review: Diverging Optics
    Karen J. Alter
    14. Efficacious Judging on Apex Courts
    Lee Epstein and Jack Knight
    15. Limiting Judicial Discretion
    Mila Versteeg and Emily Zackin
    Part IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges
    16. Beyond Europe and the United States: The Wide World of Judicial Review
    Virgílio Afonso da Silva
    17. Judicial Review and Public Reason
    Wojciech Sadurski
    18. Pockets of Proportionality: Choice and Necessity, Doctrine and Principle
    Vicki C. Jackson
    19. Comparative Approaches to Constitutional History
    Jamal Greene and Yvonne Tew
    20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence &
    Methodological Challenges
    Ran Hirschl
    Index

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