Skip to main content
SpringerLink
Log in
Book cover

Rule of Law, Human Rights and Judicial Control of Power

Some Reflections from National and International Law

  • Book
  • © 2017

Overview

Editors:
  1. Rainer Arnold

    1. Faculty of Law, University of Regensburg, Regensburg, Germany

    View editor publications

    You can also search for this editor in PubMed   Google Scholar

  2. José Ignacio Martínez-Estay

    1. University of the Andes, Santiago, Las Condes, Chile

    View editor publications

    You can also search for this editor in PubMed   Google Scholar

  • 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
  • Includes supplementary material: sn.pub/extras

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 61)

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 109.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 139.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 199.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (23 chapters)

  1. Front Matter

    Pages i-xi
    Download chapter PDF

  2. Rule of Law and Judicial Control of Power

    1. Front Matter

      Pages 1-1
      Download chapter PDF

    2. Constitution and Judicial Review: Comparative Analysis

      • Emilio Alfonso Garrote Campillay
      Pages 3-27

    3. On the Jurisdictional Control of the Acts of the Government of Romania

      • Eugen Chelaru
      Pages 29-52

    4. Judicial Review of Public Power in Poland

      • Michał Jackowski
      Pages 53-66

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

      • Carlos Hakansson
      Pages 67-75

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

      • Luis Gabriel Franceschi, Linet Muthoni, Emmah Senge Wabuke
      Pages 77-109

    7. Direct Participation of the People in Public Power—Advantages and Disadvantages of a Referendum, Croatian and European Perspective

      • Biljana Kostadinov
      Pages 111-129

    8. The Role of Civil Society in the Control of Public Power

      • María Pérez-Ugena Coromina
      Pages 131-148

    9. Basic Features of the Constitutional System in Kosovo

      • Enver Hasani
      Pages 149-176

    10. Role of the Constitutional Justice in Controlling the Balance Between State Powers in the Republic of Moldova

      • Alexandru Tănase
      Pages 177-188

    11. Judicial Control of Public Power As a Legal Instrument For Protection of Human Rights and Fundamental Freedoms in Ukraine

      • Victor Muraviov, Nataliia Mushak
      Pages 189-197

  4. Human Rights and Judicial Control

    1. Front Matter

      Pages 293-293
      Download chapter PDF

    2. Consensus and the Intensity of Judicial Review in the European Court of Human Rights

      • Soledad Bertelsen
      Pages 295-311
Back to top

Keywords

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 asthe 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.

Editors and Affiliations

  • Faculty of Law, University of Regensburg, Regensburg, Germany

    Rainer Arnold

  • University of the Andes, Santiago, Las Condes, Chile

    José Ignacio Martínez-Estay

About the editors

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.


Bibliographic Information

Publish with us

Policies and ethics

Back to top

Search

Navigation