Rule of Law Human Rights and Judicial Control of Power Some Reflections from National and International Law 1st Edition Rainer Arnold 3319551868 9783319551869

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Product details:

• ISBN 10: 3319551868
• ISBN 13: 9783319551869
• Author: Rainer Arnold

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.

Table of contents:

1 Constitution and Judicial Review: Comparative Analysis

2 On the Jurisdictional Control of the Acts of the Government of Romania

3 Judicial Review of Public Power in Poland

4 To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality like an Abstract Jud

Abstract

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

6 Direct Participation of the People in Public Power—Advantages and Disadvantages of a Referendum,

7 The Role of Civil Society in the Control of Public Power

8 Basic Features of the Constitutional System in Kosovo

9 Role of the Constitutional Justice in Controlling the Balance Between State Powers in the

10 Judicial Control of Public Power As a Legal Instrument For Protection of Human Rights

11 Respect for Judicial Precedent as a Limit on the Exercise of Public Power

12 Reception of the Proportionality Test By Chilean Scholars: A Critical Analysis

13 Constitutional Tribunals’ Judicial Review of Public Power in Poland

14 The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emerg

15 The Project of Constitutional Reform in Austria

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

17 The Jurisdiction on the Social Rights: A Conflict Between the Courts and Public Power in the Ital

18 Depreciation of State Sovereignty at the Turn of the 21st Century

19 The International Criminal Court as an International Judicial Control of the National Public Powe

20 Judicial Review of EU Legislation as an Instrument to Ensure Consistency of National and EU Law

21 The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutio

22 Role of the European Court of Human Rights in the Turkish Constitutional Court’s Rulings Regard

23 Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in

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