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Rule of Law and Fundamental Rights - Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico (Hardcover, 1st ed. 2016)
Loot Price: R3,327
Discovery Miles 33 270
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Rule of Law and Fundamental Rights - Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico (Hardcover, 1st ed. 2016)
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This book, which originated from the broadly held view that there
is a lack of Rule-of-law in Mexico, and from the emphasis of
traditional academia on cultural elements as the main explanation,
explores the question of whether there is any relationship between
the system of constitutional review and thus the 'law' as such and
the level of Rule-of-law in a given state. To do so, it elaborates
a theoretical model for achieving Rule-of-law and compares it to
the constitutional review systems of the United States, the Federal
Republic of Germany, and Mexico. The study concludes that the two
former states correspond to the model, while the latter does not.
This is fundamentally due to the role each legal system assigns to
ordinary jurisdiction in carrying out constitutional review.
Whereas the US and Germany have fostered the policy that
constitutional review regarding the enforcement of basic rights is
the responsibility of ordinary courts, Mexico has relied too
heavily on the specialized constitutional jurisdiction.
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