Constitutional review in Europe a comparative analysis Maartje de Visser.

Format:

Book

Author/Creator:

De Visser, Maartje, author.

Series:

European and national constitutional law series.

European and national constitutional law series

Language:

English

Subjects (All):

Constitutional courts--European Union countries.

Constitutional courts.

Constitutional law--European Union countries.

Constitutional law.

Judicial review--European Union countries.

Judicial review.

Physical Description:

1 online resource (529 p.)

Edition:

1st ed.

Place of Publication:

Oxford, United Kingdom Portland, Oregon Hart Publishing Ltd 2014.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law

Contents:

Introduction

The role of non-judicial actors in upholding the constitution

The rise of constitutional adjudication

Purposes of constitutional adjudication and access to constitutional courts

The constitutional bench

Identifying sources of standards for constitutional review

Testing and remedying unconstitutionality

Interplay between constitutional actors and other actors

Introductory Definitions: Constitutional Interpretation and Constitutional Review

Background: The Need for a Perspective Combining National and European Constitutional Law

Objectives

Method

Terminology

Structure

Chapter 1

The Role of Non-Judicial Actors in Upholding the Constitution

I. Introduction

II. Councils of State and Chancellors of Justice

III. Parliament and its Committees

IV. Heads of State

V. The People

VI. Concluding Remarks

Chapter 2

The Rise of Constitutional Adjudication

II. The Notion of 'Constitutional Jurisdiction'

III. Exploring the Reasons behind the Rise of Constitutional Adjudication

IV. Bucking the Trend? A Closer Look at the Approaches of the Netherlands and the United Kingdom

V. Concluding Remarks and Some Brief Reflections on the Two European Courts

Chapter 3

Purposes of Constitutional Adjudication and Access to Constitutional Courts

II. The Institutional Design of Constitutional Adjudication

III. Four Purposes that May be Served by Constitutional Adjudication

IV. Final Comparative Remarks and Reflections on the Court of Justice

Chapter 4

The Constitutional Bench

II. Selection and Appointment Procedures

III. Number of Judges and Eligibility Criteria

IV. Tenure of Judicial Appointments and Termination Thereof

V. Final Comparative Remarks and Reflections on the Court of Justice

Chapter 5

Identifying the Sources of Standards for Constitutional Review

II. Belgium: Cour constitutionnelle

III. Czech Republic: Ustavni Soud

IV. Germany: Bundesverfassungsgericht

V. France: Conseil constitutionnel

VI. Hungary: Alkotmanybirosag

VII. Italy: Corte costituzionale

VIII. Poland: Trybunal Konstytucyjny

IX. Spain: Tribunal Constitucional

X. The Netherlands: Raad van State

XI. United Kingdom: House of Lords Constitution Committee

XII. Finland: Perustuslakivaliokunta

XIII. European Union: Court of Justice

XIV. Comparative Remarks

Chapter 6

Testing and Remedying Unconstitutionality

II. Deference Rhetoric

III. Theory of the Living Law

IV. Constitution-Conform Interpretation

V. Types of Judgment and their Effects

Chapter 7

Interplay between Constitutional Courts and Other Actors

II. Interactions between Constitutional Courts and (Constitutional) Legislatures

III. Interactions between Constitutional Courts and the Ordinary Courts

IV. Interactions among European Constitutional Courts

V. Interactions between Constitutional Courts and the Court of Justice

VI. Interactions between National Highest and Constitutional Courts and the European Court of Human Rights

VII. Concluding Remarks

Notes:

Description based upon print version of record.

Includes bibliographical references (pages 441-475) and index

ISBN:

9781472561596

1472561597

9781782252450

1782252452

9781782252443

1782252444

OCLC:

870892487