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Ius Gentium: Comparative Perspectives on Law and Justice

Rule of Law, Human Rights and Judicial Control of Power

Some Reflections from National and International Law

Editors: Arnold, Rainer, Martínez-Estay, José Ignacio (Eds.)

  • Addresses the problem of the limits of judicial review at both national and supranational levels
  • Brings together a group of European, American and Latin American researchers 
  • Examines 15 countries spread over 4 continents
  • Provides insight into the differences and similarities between countries, as well as universal principles
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eBook $149.00
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  • ISBN 978-3-319-55186-9
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  • Immediate eBook download after purchase
Hardcover $189.00
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  • ISBN 978-3-319-55184-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

Rainer Arnold, Dr. Dres.h.c. Professor at the University of Regensburg, in 1979 appointed holder of the Chair of Public Law, in 1999 nominated holder of the Jean Monnet Chair of EU Law and in 2008 holder of the Jean Monnet Chair ad personam „Legal Relations of the EU with Central, Eastern and Southeastern Europe“. Nominated in 2000 hostujíci professor at the Charles University Prague. Corresponding Member of the Academy of Sciences of Bologna, Membre de l’Académie internationale de droit comparé, Fellow of the European Law Institute, in 2008 Fernand Braudel Fellow at the European University Institute, Fiesole/Florence, former Visiting Professor at Universities in Europe (Paris I (Panthéon-Sorbonne), Paris II (Panthéon-Assas), Strasbourg, Toulouse, Rome La Sapienza, Bologna, and other) and in Latin America. Founding member of the International Research Group on Human Rights and Rule of Law.

José Ignacio Martínez is Professor of Constitutional and Administrative Law in the Faculty of Law of the University of the Andes, Chile. Prof. Martínez has been Jean Monnet Chair Holder, and currently serves as Vice Chancellor for Research and Postgraduate Studies at the University of the Andes. Prof. Martínez is author of books and articles published in Chile and other countries. Professor Martínez is a founding member of the International Research Group on Human Rights and Rule of Law.

Table of contents (23 chapters)

  • Constitution and Judicial Review: Comparative Analysis

    Campillay, Emilio Alfonso Garrote

    Pages 3-27

  • On the Jurisdictional Control of the Acts of the Government of Romania

    Chelaru, Eugen

    Pages 29-52

  • Judicial Review of Public Power in Poland

    Jackowski, Michał

    Pages 53-66

  • To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality like an Abstract Judicial Review at the Peruvian Constitution

    Hakansson, Carlos

    Pages 67-75

  • Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases

    Franceschi, Luis Gabriel (et al.)

    Pages 77-109

Buy this book

eBook $149.00
price for Mexico (gross)
  • ISBN 978-3-319-55186-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $189.00
price for Mexico
  • ISBN 978-3-319-55184-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Rule of Law, Human Rights and Judicial Control of Power
Book Subtitle
Some Reflections from National and International Law
Editors
  • Rainer Arnold
  • José Ignacio Martínez-Estay
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
61
Copyright
2017
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing AG
eBook ISBN
978-3-319-55186-9
DOI
10.1007/978-3-319-55186-9
Hardcover ISBN
978-3-319-55184-5
Series ISSN
1534-6781
Edition Number
1
Number of Pages
XI, 446
Topics