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Vol 21 No 9 Sept/Oct 2016

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Cover of Colinvaux's Law of Insurance

Colinvaux's Law of Insurance

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Constitutional Justice, East and West

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ISBN13: 9789041118837
ISBN: 9041118837
Published: December 2002
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratie principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-communist countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory.;Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the continuing discussions and controversies relating to constitutional review in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the centre of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective.;The chapters outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, the text assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of communism.

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