Constitutional Courts as Positive Legislators - A Comparative Law Study (Paperback)

During the past decade the role of constitutional courts has dramatically changed. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as 'positive legislators', issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	April 2013
First published:	February 2013
Authors:	Allan R. Brewer-Carias
Dimensions:	234 x 156 x 48mm (L x W x T)
Format:	Paperback - Trade
Pages:	962
ISBN-13:	978-1-107-61308-9
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General Promotions
LSN:	1-107-61308-6
Barcode:	9781107613089

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!