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Springer Netherlands
Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe / Edition 1

Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe / Edition 1

by Wojciech Sadurski


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Product Details

ISBN-13: 9781402069826
Publisher: Springer Netherlands
Publication date: 12/20/2007
Edition description: 1st ed. 2005. 2nd printing 2007
Pages: 377
Product dimensions: 6.10(w) x 9.25(h) x 0.36(d)

Table of Contents

Part I:- 1. The Model Of Constitutional Review In Central And Eastern Europe: An Overview.- 1. The Emergence of the Current Model. 2. The Powers of Constitutional Courts and Initiators of the Review Process. 3. The Tenure and Selection of Judges. 4. Constitutional Courts’ Pursuit of a Monopoly over Constitutional Adjudication. 2. Constitutional Courts In Search Of Legitimacy.- 1. The Legitimacy Dilemma. 2. Constitutional Courts Between the Judicial and Legislative Branch. 3. Why the "Continental" Model of Review: Reasons or Rationalisations? 4. Constitutional Courts as Protectors of Minorities? 5. Conclusions. 3. The Model Of Judicial Review And Its Implications.- 1. Abstract Review. 2. Ex-Post Review. 3. Final Review. 4. Conclusions. 4. Constitutional Courts and Legislation.- 1. The Impact of Constitutional Courts on Law-Making. 2. Determinants of the "Strength" of Judicial Review. 3. Constitutional Court and the Parliamentary Minority.4. The Question of Judicial Activism and Restraint. 5. Conclusions. Part II:- 5. Judicial Review and Protection Of Constitutional Rights.- 1. Two Theories about Judicial Review. 2. The Fact-Sensitivity of a Theory of Judicial Review. 3. Rights Protection and Disagreement about Rights. 4. Prudence and Judicial Review. 5. Conclusions. 6. Personal, Civil And Political Rights And Liberties.- 1. A Right to Life and Dignity. 2. Freedom of Religion. 3. The Right to Privacy. 4. Freedom of Movement and the Right to Choice of Residence. 5. Citizenship and Voting Rights. 6. Freedom of Petition, Assembly and Association. 7. Freedom of Expression. 8. Conclusions. 7. Socio-Economic Rights.- 1. Controversy Around Socio-Economic Rights. 2. Constitutional Catalogues of Socio-Economic Rights. 3. The Status of Socio-Economic Rights. 4. The Drawing of Distinctions Between Different Types of Rights by the Courts: Social Security Cases. 5. The Right to Work. 6. Rights to Health and Education. 7. Conclusions. 8. Equality And Minority Rights.- 1. Equality and Constitutional Review. 2. Gender and Sexual Orientation Equality. 3. Special Case of Affirmative Action. 4. Minority Issues in Central and Eastern Europe: An Overview. 5. Constitutional Design of Minority Rights: Group or Individual Rights? 6. Linguistic Rights. 7. The Special Case of Minority Representation in Public Authorities. 8. Conclusions. 9. "Decommunisation", "Lustration", And Constitutional Continuity.- 1. Main Dilemmas Raised by Decommunisation and Lustration Laws. 2. Lustration and Decommunisation in Central and Eastern Europe. 3. Retroactive Extensions of Statutes of Limitation. 4. Conclusions: Transitional Justice and Constitutional Continuity. 10. Restrictions Of Rights.- 1. Constitutional Design of Limits on Rights. 2. Constitutional Review of Statutory Limits on Rights: Proportionality Scrutiny. 3. Other Standards of Rights Restrictions. 4. Concluding Remarks on Rights limitations. Conclusions

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