Against the new constitutionalism / Tamas Gyorfi.
2016
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Details
Author
Title
Against the new constitutionalism / Tamas Gyorfi.
Added Corporate Author
Imprint
Northampton, MA : Edward Elgar Pub., c. 2016.
Description
1 online resource (288 pages).
Series
Elgar monographs in constitutional and administrative law.
Formatted Contents Note
1. The new constitutionalism
2. Political principles
3. From principles to institutions
4. Constitutional interpretation
5. A theory of weak judicial review.
2. Political principles
3. From principles to institutions
4. Constitutional interpretation
5. A theory of weak judicial review.
Summary
Ever since the Second World War, 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.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781783473014 e-book
Record Appears in