Constitutionalism Human Rights And Islam After The Arab Spring

Author: Rainer Grote
Publisher: Oxford University Press
ISBN: 0190627654
Size: 22.59 MB
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In fact, although we accept without any doubt its mission of protecting
fundamental rights, there is reason to wonder whether this is the only institution
responsible for rights and freedoms. Indeed, the ... Moreover, despite attempts at
the empowerment of justice, which went from being an “authority” to a “power”,
the ordinary judge remains under the new constitution “[. ... 20 rather than
protector or guardian as for example in “the [French] judicial authority, guardian
of individual freedom [.

Constitutionalism Human Rights Separation Of Powers

Author: G. M. Pikis
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152415
Size: 43.84 MB
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The ultimate guardian of this order is the Judiciary, in whose power it should be
to declare laws, acts or omissions contrary to it unconstitutional. 12. IV. The.
Domain. of. the. Judiciary. The interpretation of law is the exclusive province of
the Judiciary. The Legislature makes the law but has no right to interpret it. An
attempt to do so was struck down as unconstitutional in Diagoras Development
Ltd. v. National Bank of Greece S.A. (1985) 1 C.L.R. 581 (CA) (majority decision)
227. Certainty ...

The New Zealand Law Journal

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LAWASIA 1993 Colombo Conference The judiciary: The guardian of the people
Human rights aspects of constitutionalism By Justice R D Nicholson of the
Supreme Court of Western Australia In considering the role of the judiciary, the
author emphasises the priority of the principle of independence. In looking at
human rights issues in the judicial system, Justice Nicholson raises the question
of judicial activism. He agrees with Kirby P that in this area care must be taken.
His conclusion ...

Definition And Development Of Human Rights And Popular Sovereignty In Europe

Author: Council Of Europe
Publisher: Council of Europe
ISBN: 9287171351
Size: 55.41 MB
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The defence of these belongs to the constitution and its judicial guardians. This
view has been neatly summarised by Cherie Booth, speaking as a distinguished
QC rather than as the former Prime Minister's consort. As she puts it: In a human
rights world ... responsibility for a value-based substantive commitment to
democracy rests in large part on judges ... Judges in constitutional ...
Constitutionalism: Philosophical foundations, Cambridge University Press,
Cambridge, p. 153-4. 209.

The Promise Of Human Rights

Author: Jamie Mayerfeld
Publisher: University of Pennsylvania Press
ISBN: 0812248163
Size: 41.67 MB
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The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.

The Paradox Of Constitutionalism

Author: Martin Loughlin
Publisher: Oxford University Press, USA
ISBN: 9780199204960
Size: 41.32 MB
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On the other hand, we have liberal constitutionalism, which on both Loughlin's
and Tomkins's account is a hopelessly naive doctrine of judicial supremacism. ...
In a book published with Keith Ewing in 2000, he argued that parliament and not
the courts had been the true guardian of the rule of law and human rights from
1914 — 45.21 More recently, Gearty argues that the Human Rights Act is a
progressive step as long as judges exercise appropriate restraint by recognizing
the limits of ...

Constitutionalism And Human Rights

Author: Kenneth W. Thompson
Publisher: Univ Pr of Amer
Size: 39.89 MB
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American constitutionalism fused together with the Roman system of law. The
influence of American institutions on European countries developed differently.
Some of those countries accepted the idea of judicial review just before World
War I. Earlier, the problem of protection of the constitution was not seen as a
fundamental problem. A reference to judicial review appeared as early as the mid
-19th century in the decisions of Greek courts, at the end of that century in
Norwegian courts, ...

Constitutionalism And Political Reconstruction

Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Size: 49.32 MB
Format: PDF, ePub, Mobi
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This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the ...

Endangered Guardians

Author: Donald V. Weatherman
Publisher: Rowman & Littlefield Publishers
Size: 48.42 MB
Format: PDF, ePub
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Roosevelt argued that Buchanan's constitutionalism "attempted to fit human
rights to, and limit them by, the Constitution"; such misuse "upheld the
Constitution as an instrument for the protection of privilege and of vested wrong."
False constitutionalism of this kind is unworthy of the name. ... 18 So it was not
constitutions that reinforced the reactionary elements in America during his day, it
was the judges who interpreted the constitutions. The solution to the problem of
constitutional ...