Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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Against the New Constitutionalism (Hardcover)
Loot Price: R3,015
Discovery Miles 30 150
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Against the New Constitutionalism (Hardcover)
Series: Elgar Monographs in Constitutional and Administrative Law
Expected to ship within 12 - 17 working days
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Ever since World War II, a new constitutional model has emerged
worldwide that gives a pivotal role to judges. Against the New
Constitutionalism challenges this reigning paradigm and develops a
distinctively liberal defence of political constitutionalism. The
author concludes that, in consolidated democracies, strong
constitutional review cannot be justified and argues for the
primacy of the legislature primarily on epistemic - as opposed to
procedural - grounds. The author also considers whether the
minimalist judicial review of Nordic countries is more in line with
the best justification of the institution than the Commonwealth
model that occupies a central place in contemporary constitutional
scholarship. This book will be of great interest to students and
scholars of constitutional law. It will also be of use to
constitutional and political theorists, as well as comparative and
public lawyers, looking for a solution to the issues surrounding
constitutional review.
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