1-5 of 5 Results

  • Keyword: judicial review x
Clear all

Chapter

Cover Comparative European Politics

10. Constitutions and Courts  

Nuno Garoupa and Pedro C. Magalhães

This chapter focuses on the constitutions of European countries as well as on the mechanisms in place to interpret and enforce them. It starts by defining ‘constitution’. It then proceeds to a discussion about the role of courts and constitutional review of legislation. Focusing in particular on centralized constitutional review, it describes the variety of powers enjoyed by contemporary constitutional courts. Existing mechanisms for litigation and judicial appointment are also considered. Finally, it addresses the existing empirical evidence about both judicial behaviour in such courts and their political impact. The chapter concludes with an examination of current trends in the direction of supranational constitutionalism and constitutional review.

Chapter

Cover Introducing Political Philosophy

10. Judicial Review and Democracy  

William Abel, Elizabeth Kahn, Tom Parr, and Andrew Walton

This chapter argues that the state should use judicial review to constrain democracy. It identifies several rights that individuals possess, and then defends judicial review as a mechanism for protecting these rights. The chapter then considers the objection that judicial review is undemocratic because it constrains the laws that an electorate or their representatives might adopt. To explore this idea, it distinguishes two arguments in defence of democracy. The first holds that democracy is valuable because it produces good outcomes, and the second holds that democracy is valuable because it treats each member of a society equally when they disagree about which outcomes are good.

Chapter

Cover Comparative Politics

9. Constitutions, rights, and judicial power  

Alec Stone Sweet

This chapter focuses on the evolution of systems of constitutional justice since 1787. It first provides an overview of key concepts and definitions, such as constitution, constitutionalism, and rights, before presenting a simple theory of delegation and judicial power. In particular, it explains why political elites would delegate power to constitutional judges, and how to measure the extent of power, or discretion, delegated. It then considers different kinds of constitutions, rights, models of constitutional review, and the main precepts of ‘the new constitutionalism’. It also traces the evolution of constitutional forms and suggests that as constitutional rights and review has diffused around the world, so has the capacity of constitutional judges to influence, and sometimes determine, policy outcomes.

Chapter

Cover Comparative Politics

9. Constitutions, Rights, and Judicial Power  

Alec Stone Sweet

This chapter focuses on the evolution of systems of constitutional justice since 1787. It first provides an overview of key concepts and definitions, such as constitution, constitutionalism, and rights, before presenting a simple theory of delegation and judicial power. In particular, it explains why political elites would delegate power to constitutional judges, and how to measure the extent of power, or discretion, delegated. It then considers different kinds of constitutions, rights, models of constitutional review, and the main precepts of ‘the new constitutionalism’. It also traces the evolution of constitutional forms and suggests that as constitutional rights and review has diffused around the world, so has the capacity of constitutional judges to influence, and sometimes determine, policy outcomes.

Chapter

Cover Politics

11. Laws, Constitutions, and Federalism  

This chapter explores the interrelationships between law, constitutions, and federalism. It first explains the importance of constitutions in shaping the basic structure of the state and the fundamental rights of citizens that they establish before discussing the Universal Declaration of Human Rights, in particular asking whether it is Western-centric. It then considers the ways in which states may attempt to realize justice in applying the law, with emphasis on the distinction between Islamic and Western practice. It also examines the role of constitutional courts and judicial review, legal adjudication of political problems, how the institution of federalism is used to contain the powers of the state and to manage diverse societies, and consociationalism as an alternative approach to handling social diversity. Finally, it analyses the increasing legalization of political life.