eBook Constitutional Courts As Positive Legislators, 1st Edition

  • Allan R. Brewer-Car�as
  • Published By:
  • ISBN-10: 1139136283
  • ISBN-13: 9781139136280
  • DDC: 347.035
  • Grade Level Range: College Freshman - College Senior
  • 933 Pages | eBook
  • Original Copyright 2011 | Published/Released January 2012
  • This publication's content originally published in print form: 2011
  • Price:  Sign in for price

About

Overview

This book analyzes the role of 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-discrimination.

Table of Contents

Front Cover.
Other Frontmatter.
Title Page.
Copyright Page.
Contents.
Author's Note.
1: Constitutional Courts as Positive Legislators in Comparative Law.
2: Judicial Review of Legislation and the Legislator.
3: Constitutional Courts' Interference with the Constituent Power.
4: Constitutional Courts' Interference with the Legislator on Existing Legislation.
5: Constitutional Courts' Interference with the Legislator Regarding Legislative Omissions.
6: Constitutional Courts as Legislators on Matters of Judicial Review.
7: Final Remarks.
8: National Reports.
9: Argentina: Constitutional Courts as Positive Legislators.
10: Australia: Interpretation and Review.
11: Austria: Constitutional Courts as Positive Legislators.
12: Belgium: The Belgian Constitutional Court as Positive Legislator: In Search of a Balance Between Rights' Protection and Respect for Acts of Parliament.
13: Brazil: Constitutional Courts as Negative Legislators: The Brazilian Case*.
14: Canada: The Canadian Constitutional Courts as Positive Legislators.
15: Colombia: Le Juge Constitutionnel Colombien, LÉgislateur-Cadre Positif: Un Gouvernement Des Juges?.
16: Colombia: The Colombian Constitutional Court: From Institutional Leadership, to Conceptual Audacity.
17: Costa Rica: The Normative Resolutions of the Constitutional Court.
18: Croatia: Constitutional Courts as Positive Legislators.
19: Czech Republic: Czech Constitutional Court as Positive Legislator?.
20: France: Le Conseil Constitutionnel “Legislateur Positif” Ou La Question Des Interventions Du Juge Constitutionnel FranÇais Dans L'Exercice De La Fonction Legislative.
21: Germany: Constitutional Courts as Positive Legislators.
22: Belgium, France, Germany: L'ActivitÉ Du Juge Constitutionnnel Comme LÉGislateur-Cadre Positif.
23: Greece: Constitutional Courts as Positive Legislators.
24: Hungary: Constitutional Court as Positive Legislator.
25: India: Constitutional Courts as Positive Legislators: The Indian Experience.
26: Italy: The Italian Constitutional Court as Positive Legislator.
27: Mexico: The Mexican Supreme Court as Positive Legislator.
28: Netherlands: The Dutch Supreme Court: A Reluctant Positive Legislator?.
29: Norway: Constitutional Courts as Positive Legislators.
30: Poland: The Constitutional Court as a Positive Legislator.
31: Portugal: Constitutional Courts as Positive Legislators.
32: Serbia: A Constitutional Court in Transition: Making Sense of Constitutional Adjudication in Postauthoritarian Serbia.
33: Slovak Republic: Constitutional Court of the Slovak Republic as Positive Legislator Via Application and Interpretation of the Constitution.
34: Switzerland: Constitutional Courts as Positive Legislators.
35: United Kingdom: Constitutional Courts as Positive Legislators.
36: United States of America: Constitutional Courts as Positive Legislators in the United States.
37: Venezuela: Constitutional Courts as Positive Legislators: The Venezuelan Experience.
38: Synthesis Report: Constitutional Courts as Positive Legislators in Comparative Law.
List of National Reports and Papers.
Index.