Overview
- Examines the judicial function as a source of power in the contemporary constitutional context
- Covers a broad range of constitutional systems, both national and supranational
- Brings together authors from a wide variety of legal cultures
Part of the book series: European Yearbook of Constitutional Law (EYCL, volume 1)
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Table of contents (14 chapters)
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Front Matter
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Part I
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Front Matter
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Comments and Opinions
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Front Matter
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Keywords
About this book
This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture.
State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.
Editors and Affiliations
Bibliographic Information
Book Title: European Yearbook of Constitutional Law 2019
Book Subtitle: Judicial Power: Safeguards and Limits in a Democratic Society
Editors: Ernst Hirsch Ballin, Gerhard van der Schyff, Maarten Stremler
Series Title: European Yearbook of Constitutional Law
DOI: https://doi.org/10.1007/978-94-6265-359-7
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press and the authors 2020
Hardcover ISBN: 978-94-6265-358-0Published: 16 December 2019
Softcover ISBN: 978-94-6265-361-0Published: 16 December 2020
eBook ISBN: 978-94-6265-359-7Published: 02 December 2019
Series ISSN: 2405-6111
Series E-ISSN: 2405-612X
Edition Number: 1
Number of Pages: XII, 333
Number of Illustrations: 3 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Constitutional Law, Human Rights, European Law, Administrative Law