Overview
Carries out critical analysis, as opposed to mere descriptive analysis of valid law
Includes the latest jurisprudential developments on each of the legal systems analysed
Relies on original sources and not on translations
Includes supplementary material: sn.pub/extras
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Table of contents (6 chapters)
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Front Matter
Keywords
About this book
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Authors and Affiliations
Bibliographic Information
Book Title: Rule of Law and Fundamental Rights
Book Subtitle: Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico
Authors: Alfredo Narváez Medécigo
DOI: https://doi.org/10.1007/978-3-319-24562-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-24561-4Published: 17 November 2015
Softcover ISBN: 978-3-319-38718-5Published: 23 August 2016
eBook ISBN: 978-3-319-24562-1Published: 07 November 2015
Edition Number: 1
Number of Pages: XV, 262
Topics: Private International Law, International & Foreign Law, Comparative Law , Theories of Law, Philosophy of Law, Legal History, Constitutional Law, Comparative Politics