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Vol 21 No 11 Nov/Dec 2016

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Constitutional Review in Europe: A Comparative Analysis

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ISBN13: 9781849463850
Published: November 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £83.00
Paperback edition , ISBN13 9781849469715



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Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'etre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level.

The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom.This book is intended for practitioners, academics and students with an interest in (European) constitutional law.

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Subjects:
Constitutional and Administrative Law, Comparative Law, EU Law
Contents:
Introduction
Chapter 1 The Role of Non-Judicial Actors in Upholding the Constitution
Chapter 2 The Rise of Constitutional Adjudication
Chapter 3 Purposes of Constitutional Adjudication and Access to Constitutional Courts
Chapter 4 The Constitutional Bench
Chapter 5 Identifying the Sources of Standards for Constitutional Review
Chapter 6 Testing and Remedying Unconstitutionality
Chapter 7 Interplay between Constitutional Courts and Other Actors