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Against the new constitutionalism / Tamas Gyorfi, University of Aberdeen, UK

By: Material type: TextSeries: Elgar monographs in constitutional and administrative lawPublisher: Northampton, MA, USA : Northampton, MA, USA : Edward Elgar Publishing, [2016]Copyright date: ©2016Description: viii, 278 pages ; 25 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781783473007
  • 1783473002
Subject(s): DDC classification:
  • 342 23
LOC classification:
  • K3165 .G96 2016
Contents:
1. The new constitutionalism -- 2. Political principles -- 3. From principles to institutions -- 4. Constitutional interpretation -- 5. A theory of weak judicial review
Summary: Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds. The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.--Provided by publisher
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Includes bibliographical references (pages 259-272) and index.

1. The new constitutionalism -- 2. Political principles -- 3. From principles to institutions -- 4. Constitutional interpretation -- 5. A theory of weak judicial review

Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds. The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.--Provided by publisher

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