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Constitutional Courts: A Comparative Study

Edited by: Andrew Harding, Peter Leyland

ISBN13: 9780854900633
Published: November 2009
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



This book contains an outstanding set of essays on constitutional courts. In many nations constitutional justice can be identified as a central feature of contemporary constitutionalism.

Moreover, viewed from a comparative global perspective it is clear that constitutional justice as well as providing a special kind of dispute resolution, also has been turned to as a means of safeguarding conditions of liberal democracy. What characteristics must such a court possess to undertake the tasks that confront them?

These contributions by providing an analysis of features such as constitutional context, jurisdictional scope, organisational features and interpretative techniques to give a selective snapshot of the legal characteristics and the operation of constitutional courts across the world.

The chapters by a team of leading international scholars include a general introduction and then focus on: Austria, Central and Eastern Europe, France, Germany, Italy, Russia, Spain, Turkey, Egypt, Francophone Africa, South Africa, Latin America, East Asia, Indonesia and Thailand.

Originally published in paperback 2009. Reprinted in hardback 2016

Subjects:
Constitutional and Administrative Law, Comparative Law, Wildy, Simmonds and Hill, Courts and Procedure
Contents:
Preface

INTRODUCTION
Constitutional Courts: Forms, Functions and Practice in Comparative Perspective
Andrew Harding, Peter Leyland and Tania Groppi

EUROPE
Austria: The Constitutional Court of Austria: Modern Profiles of an Archetype of Constitutional Review
Anna Gamper and Francesco Palermo

Central and Eastern Europe: Constitutional Courts of Central and Eastern Europe: Between Adolescence and Maturity
Kasia Lach and Wojchiech Sadurski

France: The French Conseil Constiutionnel: An Evolving Form of Constitutional Justice
Marie Claire Ponthoreau and Fabrice Hourquebie

Germany: Das Bundsverfassungsgericht: Procedure, Practice and Policy of the German Federal Constitutional Court
Donald P Kommers and Russell A Miller

Italy: The Italian Constitutional Court: Towards a ‘Multilevel System’ of Constitutional Review
Tania Groppi

Russia: The Constitutional Court of the Russian Federation: The Establishment and Evolution of Constitutional Supervision in Russia
Jane Henderson

Spain: The Spanish Constitutional Court: Time for Reforms
Victor Ferreres Comella

Turkey: The Constitutional Court of Turkey: The Anayasa Mahkemesi as the Protector of the System
Esin Örücü

AFRICA
Egypt: Egypt’s Supreme Constitutional Court: Managing Constitutional Conflict in an Authoritarian Aspirationally ‘Islamic’ State
Clark B Lombardi

Francophone Africa: Models of Constitutional Jurisdiction in Francophone West Africa
Babacar Kanté

South Africa: South Africa’s Constitutional Court: Enabling Democracy and Promoting Law in the Transition from Apartheid
Heinz Klug

ASIA
East Asia: Constitutional Courts in East Asia: Understanding Variation
Tom Ginsburg

Indonesia and Thailand: The Constitutional Courts of Thailand and Indonesia: Two Case Studies from South East Asia
Andrew Harding and Peter Leyland

SOUTH AMERICA
Constitutional Courts in Latin America: A Testing Ground for New Parameters of Classification?
Justin O Frosini and Lucio Pegoraro

Index

Series: JCL Studies in Comparative Law

Comparative Legal Studies 1750-1835: Approaches to Conceptulization in 2 Volumes ISBN 9780854902729
Published April 2019
Wildy, Simmonds and Hill Publishing
Out of print
Comparative Legal Reasoning: Essays in Honour of Geoffrey Samuel
Edited by: Simone Glanert
ISBN 9780854902484
Published April 2018
Wildy, Simmonds and Hill Publishing
Out of print
Chinese Conflicts of Law: A Restatement and Legisprudence Proposal ISBN 9780854902477
Published February 2018
Wildy, Simmonds and Hill Publishing
Out of print
Turkey and the International Law of the Sea ISBN 9780854902392
Published November 2017
Wildy, Simmonds and Hill Publishing
£95.00
Interdisciplinary Study and Comparative Law ISBN 9780854902101
Published September 2016
Wildy, Simmonds and Hill Publishing
Out of print
Reflections on the Supreme Court of Ghana ISBN 9780854901562
Published June 2015
Wildy, Simmonds and Hill Publishing
£70.00
The Interaction of Legal Systems: Post-Soviet Approaches ISBN 9780854901616
Published April 2015
Wildy, Simmonds and Hill Publishing
Out of print
Natural Law and Comparative Law ISBN 9780854901548
Published January 2015
Wildy, Simmonds and Hill Publishing
£95.00
The Legal Regime of Chinese Overseas Investment ISBN 9780854901531
Published December 2014
Wildy, Simmonds and Hill Publishing
Out of print
The 1980 Hague Abduction Convention: Comparative Aspects
Edited by: Robert Rains
ISBN 9780854901517
Published November 2014
Wildy, Simmonds and Hill Publishing
Out of print
Teaching Legal History: Comparative Perspectives ISBN 9780854901456
Published May 2014
Wildy, Simmonds and Hill Publishing
£95.00
Pasolini's Italian Premonitions: Same-Sex Unions and the Law in Comparative Perspective ISBN 9780854901357
Published May 2014
Wildy, Simmonds and Hill Publishing
Out of print
A Court in the City: Civil and Commercial Litigation in London at the Beginning of the 21st Century ISBN 9780854901319
Published October 2013
Wildy, Simmonds and Hill Publishing
£95.00
Using Legal Culture
Edited by: David Nelken
ISBN 9780854901180
Published September 2012
Wildy, Simmonds and Hill Publishing
Out of print
Global Wrongs and Private Law Remedies and Procedures ISBN 9780854900916
Published September 2011
Wildy, Simmonds and Hill Publishing
Out of print
Foundations of Comparative Law: Methods and Typologies ISBN 9780854900923
Published April 2011
Wildy, Simmonds and Hill Publishing
Out of print
Mixed Legal Systems at New Frontiers
Edited by: Esin Orucu
ISBN 9780854900701
Published May 2010
Wildy, Simmonds and Hill Publishing
Out of print
Building the Civilization of Arbitration ISBN 9780854900688
Published April 2010
Wildy, Simmonds and Hill Publishing
Out of print