Coverart for item
The Resource Rule of Law, Human Rights and Judicial Control of Power : Some Reflections from National and International Law, edited by Rainer Arnold, José Ignacio Martínez-Estay, (electronic resource)

Rule of Law, Human Rights and Judicial Control of Power : Some Reflections from National and International Law, edited by Rainer Arnold, José Ignacio Martínez-Estay, (electronic resource)

Label
Rule of Law, Human Rights and Judicial Control of Power : Some Reflections from National and International Law
Title
Rule of Law, Human Rights and Judicial Control of Power
Title remainder
Some Reflections from National and International Law
Statement of responsibility
edited by Rainer Arnold, José Ignacio Martínez-Estay
Contributor
Editor
Subject
Language
eng
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.--
Member of
Assigning source
Provided by publisher
Dewey number
340.9
Image bit depth
0
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
  • Arnold, Rainer
  • Martínez-Estay, José Ignacio
Series statement
  • Springer eBooks.
  • Ius Gentium: Comparative Perspectives on Law and Justice,
Series volume
61
http://library.link/vocab/subjectName
  • Law
  • Private international law
  • Conflict of laws
  • International law
  • Comparative law
  • Constitutional law
  • Administrative law
  • Public international law
Label
Rule of Law, Human Rights and Judicial Control of Power : Some Reflections from National and International Law, edited by Rainer Arnold, José Ignacio Martínez-Estay, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=http://dx.doi.org/10.1007/978-3-319-55186-9
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Part I: Rule of Law and Judicial Control of Power -- Chapter 1. Constitution and Judicial Review: Comparative Analysis -- Chapter 2. On the Jurisdictional Control of Acts of the Goverment of Romania -- Chapter 3. Judicial Control of Public Power in Poland -- Chapter 4. To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality Like an Abstract Judicial Review at the Peruvian Constitution -- Chapter 5. Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases -- Chapter 6. Direct Participation of the People in Public Power - Advantages and Disadvantages of a Referendum, Croatian and European Perspective -- Chapter 7. The Role of Civil Society in the Control of Public Power -- Chapter 8. Basic Features of the Constitutional System in Kosovo -- Chapter 9. Role of the Constitutional Justice in Controlling the Balance between State Powers in the Republic of Moldova -- Chapter 10. Judicial Control of Public Power as Legal Instrument for Protection of Human Rights and Fundamental Freedoms in Ukraine -- Part II: Judicial Control, Its Effects and Limits -- Chapter 11. Respect for Judicial Precedent as a Limit on the Exercise of Public Power -- Chapter 12. Reception of the Proportionality Test by Chilean Scholars: A Critical Analysis -- Chapter 13. Constitutional Tribunals' Judicial Control of Public Power in Poland -- Chapter 14. The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power -- Chapter 15. The Project of Constitutional Reform in Austria -- Part III: Human Rights and Judicial Control -- Chapter 16. Consensus and the Intensity of Judicial Review in the European Court of Human Rights -- Chapter 17. The Jurisdiction on the Social Rights: A Conflict between the Courts and Public Power in the Italian Legal System -- Chapter 18. Depreciation of State Sovereignty at the Turn of the 21st Century -- Chapter 19. The International Criminal Court as an International Judicial Control of the National Public Power? (The ICC's Standpoint on the Complementarity Principle in the Prosecutor v. Simone Gbagbo Case) -- Chapter 20. Judicial Review of EU Legislation as an Instrument to Ensure Constistency of National and EU Law -- Chapter 21. The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System -- Chapter 22. Role of the European Court of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association -- Chapter 23. Beyond the Judicial Control of Public Power: The Horizontal Effects of Human Rights in Chile
Control code
978-3-319-55186-9
Dimensions
unknown
Extent
1 online resource (XI, 446 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783319551869
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other control number
10.1007/978-3-319-55186-9
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)987438969
Label
Rule of Law, Human Rights and Judicial Control of Power : Some Reflections from National and International Law, edited by Rainer Arnold, José Ignacio Martínez-Estay, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=http://dx.doi.org/10.1007/978-3-319-55186-9
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Part I: Rule of Law and Judicial Control of Power -- Chapter 1. Constitution and Judicial Review: Comparative Analysis -- Chapter 2. On the Jurisdictional Control of Acts of the Goverment of Romania -- Chapter 3. Judicial Control of Public Power in Poland -- Chapter 4. To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality Like an Abstract Judicial Review at the Peruvian Constitution -- Chapter 5. Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases -- Chapter 6. Direct Participation of the People in Public Power - Advantages and Disadvantages of a Referendum, Croatian and European Perspective -- Chapter 7. The Role of Civil Society in the Control of Public Power -- Chapter 8. Basic Features of the Constitutional System in Kosovo -- Chapter 9. Role of the Constitutional Justice in Controlling the Balance between State Powers in the Republic of Moldova -- Chapter 10. Judicial Control of Public Power as Legal Instrument for Protection of Human Rights and Fundamental Freedoms in Ukraine -- Part II: Judicial Control, Its Effects and Limits -- Chapter 11. Respect for Judicial Precedent as a Limit on the Exercise of Public Power -- Chapter 12. Reception of the Proportionality Test by Chilean Scholars: A Critical Analysis -- Chapter 13. Constitutional Tribunals' Judicial Control of Public Power in Poland -- Chapter 14. The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power -- Chapter 15. The Project of Constitutional Reform in Austria -- Part III: Human Rights and Judicial Control -- Chapter 16. Consensus and the Intensity of Judicial Review in the European Court of Human Rights -- Chapter 17. The Jurisdiction on the Social Rights: A Conflict between the Courts and Public Power in the Italian Legal System -- Chapter 18. Depreciation of State Sovereignty at the Turn of the 21st Century -- Chapter 19. The International Criminal Court as an International Judicial Control of the National Public Power? (The ICC's Standpoint on the Complementarity Principle in the Prosecutor v. Simone Gbagbo Case) -- Chapter 20. Judicial Review of EU Legislation as an Instrument to Ensure Constistency of National and EU Law -- Chapter 21. The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System -- Chapter 22. Role of the European Court of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association -- Chapter 23. Beyond the Judicial Control of Public Power: The Horizontal Effects of Human Rights in Chile
Control code
978-3-319-55186-9
Dimensions
unknown
Extent
1 online resource (XI, 446 pages)
File format
multiple file formats
Form of item
  • online
  • electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9783319551869
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other control number
10.1007/978-3-319-55186-9
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
System control number
(OCoLC)987438969

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...