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Vol 21 No 9 Sept/Oct 2016

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Constitutional Justice Under Old Constitutions

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ISBN13: 9789041100429
ISBN: 9041100423
Published: November 1995
Publisher: Kluwer Law International
Format: Hardback
Price: £110.00

Confronting questions arising from the application of old constitutional texts within one system or another of judicial review, this work presents materials/reflections for further exploration on a comparative/national basis. The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with: the emergence of judicial review of national legislation, the interpretation of old constitutional texts, complementary sources to old constitutional texts, the application of old constitutions in modern societies, and the legitimacy of judicial review of legislation.

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I: The emergence of judicial review of national legislation. Limiting majority rule. Alternatives to judicial review in the revolutionary epoch; J. Elster. The Founding Fathers, Marbury versus Madison - And so what? M. Marcus. The United States' Congress responds to judicial review. The 20th century experience; R.A. Baker. The breakthrough of judicial review in the Norwegian system; R. Slagstad. The birth of judicial review of legislation in France; D. Maus. The emergence of constitutional justice in Belgium; R. Ergec. II: Interpretation of old constitutional texts. The interpretation of the Declaration of Human Rights by a constitutional judge; M. Troper. The Constitution of the United States and American constitutional law; H.P. Monaghan. III: Interpretation of old constitutional texts: property rights as an example. Property rights in contemporary court practice - an example of interpretation of old constitutional texts; L. Favoreu. Interpretation or reinterpretation? Property rights in contemporary court practice; J. Helgesen. Construing old constitutional texts: regulation of use as ""taking"" of property in United States constitutional jurisprudence; F. Michelman. IV: Complementary sources to old constitutional texts. Complementary sources to old constitutional texts; F. Delperee. What is it interpreters interpret? a response to Professor Delperee; W.F. Murphy. ""Constitution"" and ""constitutional law"" in Norway; H.C. Bugge. V: Applying old constitutions in modern societies. Modernity and the constitution; A. Scalia. Judicial review in Belgium; L.P. Suetens. The Conseil constitutionnel: problems of legitimization and interpretation; G. Vedel. VI: The paramount question: the legitimacy of judicial review of legislation. The legitimacy of judicial review of legislation - a comparative approach; E. Smith.