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Vol 21 No 11 Nov/Dec 2016

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Judges as Guardians of Constitutionalism and Human Rights

Edited by: Martin Scheinin, Helen Krunke, Marina Aksenova

ISBN13: 9781785365850
Published: April 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



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There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function.

The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.

This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
Contents
Preface
1. Introduction Helle Krunke and Martin Scheinin

PART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL
2. On Judging Aharon Barak
3. The Changing Understanding of Judicial LegitimacyOr Bassok
4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human RightsHelle Krunke

PART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE
5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United KingdomDavid Hope (The Lord Hope of Craighead)
6. The Judiciary and the Surveillance State: General Trends and German ExperiencesWolfgang Hoffmann-Riem
7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative PerspectiveTJ McIntyre
8. Procedural Fairness and Judicial Review of Counter-Terrorism MeasuresDavid Jenkins
9. The Judiciary in Times of Terrorism and Surveillance: A Global PerspectiveMartin Scheinin

PART III THE JUDICIARY IN TIMES TRANSITION
10. The Role of the Judiciary in Egypt's Failed Transition to DemocracyAntoni Abat i Ninet
11. The Russian Constitutional Court in International Legal DialoguesBakhtiyar Tuzmukhamedov
12. Guides and Guardians: Judiciaries in Times of TransitionEbrahim Afsah

PART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES
13. Constitutionalism and Human Rights at the International Criminal CourtAnita Usacka
14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights SystemCarlos Ayala
15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the IndividualDavid Thor Bjorgvinsson
16. The Task of Regional and International Courts in Guarding Constitutionalism and Human RightsMarina Aksenova and Geir Ulfstein
Index