Constitutional review and democracy
Miodrag A. Jovanović
Abstract
Miodrag A. Jovanović
Abstract
1. Introduction Part I General Aspects and Theoretical Problems 2. Establishing Effective Constitutional Review 3. The Theory of Constitutional Review 4. Always above the Law? Justification of Constitutional Review Revisited 5. On the Abstract Case against Constitutional Review Part II Constitutional Review beyond the Nation State 6. Constitutional Review in a Democratic Deficit Setting: - The Case of the European Union 7. Authority of European Human Rights Law: Lessons for Constitutional Law 8. Ban on Political Parties in a Dialogue of Jurisdictions: Cases against Turkey, Bulgaria, and Spain Part III Constitutionalism and Democracy without Review 9. Lingering with Intent: The UK Constitutional Review 10. Constitutional Review and Democracy in the Netherlands: Balancing Legislative and Judicial Powers in an Internationalized Legal Order Part IV Constitutional Review and Democratic Transition 11. Constitutional Justice and the Rule of Law: - The Contribution of the Spanish Constitutional Court to the Consolidation of Democracy 12. The Romanian Constitutional Judge: Lost in Transition 13. Finding Ways through the Clouds of Uncertainty, Searching for Paths in the Desert of Sorrow - The Functioning of Constitutional Justice in a Non-Consolidated Democracy 14. Constitutional Review and the Parliamentary Supermajority: The Hungarian Example 15. The Role of the Constitutional Court of Serbia in Developing Constitutional Democracy - The Example of a Dispute on the Legal Nature of Representative Mandate.
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1. Introduction Part I General Aspects and Theoretical Problems 2. Establishing Effective Constitutional Review 3. The Theory of Constitutional Review 4. Always above the Law? Justification of Constitutional Review Revisited 5. On the Abstract Case against Constitutional Review Part II Constitutional Review beyond the Nation State 6. Constitutional Review in a Democratic Deficit Setting: - The Case of the European Union 7. Authority of European Human Rights Law: Lessons for Constitutional Law 8. Ban on Political Parties in a Dialogue of Jurisdictions: Cases against Turkey, Bulgaria, and Spain Part III Constitutionalism and Democracy without Review 9. Lingering with Intent: The UK Constitutional Review 10. Constitutional Review and Democracy in the Netherlands: Balancing Legislative and Judicial Powers in an Internationalized Legal Order Part IV Constitutional Review and Democratic Transition 11. Constitutional Justice and the Rule of Law: - The Contribution of the Spanish Constitutional Court to the Consolidation of Democracy 12. The Romanian Constitutional Judge: Lost in Transition 13. Finding Ways through the Clouds of Uncertainty, Searching for Paths in the Desert of Sorrow - The Functioning of Constitutional Justice in a Non-Consolidated Democracy 14. Constitutional Review and the Parliamentary Supermajority: The Hungarian Example 15. The Role of the Constitutional Court of Serbia in Developing Constitutional Democracy - The Example of a Dispute on the Legal Nature of Representative Mandate.
Key concepts: Constitutional economics, Constitutional review, Liberal democracy, Democracy, Political science, Constitutional court, Law, Constitutionalism