國立虎尾科技大學 |

Rule of law, human rights and judicial control of power = some reflections from national and international law /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Rule of law, human rights and judicial control of power/ edited by Rainer Arnold, Jose Ignacio Martinez-Estay.
Reminder of title:	some reflections from national and international law /
other author:	Arnold, Rainer.
Published:	Cham :Springer International Publishing : : 2017.,
Description:	xi, 446 p. :ill., digital ; : 24 cm.;
Contained By:	Springer eBooks
Subject:	Human rights. -
Online resource:	http://dx.doi.org/10.1007/978-3-319-55186-9
ISBN:	9783319551869

Rule of law, human rights and judicial control of power = some reflections from national and international law /
Rule of law, human rights and judicial control of powersome reflections from national and international law /[electronic resource] :edited by Rainer Arnold, Jose Ignacio Martinez-Estay. - Cham :Springer International Publishing :2017. - xi, 446 p. :ill., digital ;24 cm. - Ius gentium: comparative perspectives on law and justice,v.611534-6781 ;. - Ius gentium: comparative perspectives on law and justice ;v.10..

Part I: Rule of Law and Judicial Control of Power -- Chapter 1. Constitution and Judicial Review: Comparative Analysis -- Chapter 2. On the Jurisdictional Control of Acts of the Goverment of Romania -- Chapter 3. Judicial Control of Public Power in Poland -- Chapter 4. To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality Like an Abstract Judicial Review at the Peruvian Constitution -- Chapter 5. Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases -- Chapter 6. Direct Participation of the People in Public Power - Advantages and Disadvantages of a Referendum, Croatian and European Perspective -- Chapter 7. The Role of Civil Society in the Control of Public Power -- Chapter 8. Basic Features of the Constitutional System in Kosovo -- Chapter 9. Role of the Constitutional Justice in Controlling the Balance between State Powers in the Republic of Moldova -- Chapter 10. Judicial Control of Public Power as Legal Instrument for Protection of Human Rights and Fundamental Freedoms in Ukraine -- Part II: Judicial Control, Its Effects and Limits -- Chapter 11. Respect for Judicial Precedent as a Limit on the Exercise of Public Power -- Chapter 12. Reception of the Proportionality Test by Chilean Scholars: A Critical Analysis -- Chapter 13. Constitutional Tribunals' Judicial Control of Public Power in Poland -- Chapter 14. The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power -- Chapter 15. The Project of Constitutional Reform in Austria -- Part III: Human Rights and Judicial Control -- Chapter 16. Consensus and the Intensity of Judicial Review in the European Court of Human Rights -- Chapter 17. The Jurisdiction on the Social Rights: A Conflict between the Courts and Public Power in the Italian Legal System -- Chapter 18. Depreciation of State Sovereignty at the Turn of the 21st Century -- Chapter 19. The International Criminal Court as an International Judicial Control of the National Public Power? (The ICC's Standpoint on the Complementarity Principle in the Prosecutor v. Simone Gbagbo Case) -- Chapter 20. Judicial Review of EU Legislation as an Instrument to Ensure Constistency of National and EU Law -- Chapter 21. The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System -- Chapter 22. Role of the European Court of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association -- Chapter 23. Beyond the Judicial Control of Public Power: The Horizontal Effects of Human Rights in Chile.

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

ISBN: 9783319551869

Standard No.: 10.1007/978-3-319-55186-9doiSubjects--Topical Terms:

554782
Human rights.

LC Class. No.: K3171 / .R8495 2017

Dewey Class. No.: 340.11

Rule of law, human rights and judicial control of power = some reflections from national and international law /
LDR:05440nam a2200349 a 4500 001 885486
003 DE-He213
005 20170516123649.0
006 m d
007 cr nn 008maaau
008 180530s2017 gw s 0 eng d
020 $a 9783319551869 $q (electronic bk.)
020 $a 9783319551845 $q (paper)
024 7 $a 10.1007/978-3-319-55186-9 $2 doi
035 $a 978-3-319-55186-9
040 $a GP $c GP
041 0 $a eng
050 4 $a K3171 $b .R8495 2017
072 7 $a LB $2 bicssc
072 7 $a LAM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LAW016000 $2 bisacsh
082 0 4 $a 340.11 $2 23
090 $a K3171 $b .R935 2017
245 0 0 $a Rule of law, human rights and judicial control of power $h [electronic resource] : $b some reflections from national and international law / $c edited by Rainer Arnold, Jose Ignacio Martinez-Estay.
260 $a Cham : $c 2017. $b Springer International Publishing : $b Imprint: Springer,
300 $a xi, 446 p. : $b ill., digital ; $c 24 cm.
490 1 $a Ius gentium: comparative perspectives on law and justice, $x 1534-6781 ; $v v.61
505 0 $a Part I: Rule of Law and Judicial Control of Power -- Chapter 1. Constitution and Judicial Review: Comparative Analysis -- Chapter 2. On the Jurisdictional Control of Acts of the Goverment of Romania -- Chapter 3. Judicial Control of Public Power in Poland -- Chapter 4. To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality Like an Abstract Judicial Review at the Peruvian Constitution -- Chapter 5. Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases -- Chapter 6. Direct Participation of the People in Public Power - Advantages and Disadvantages of a Referendum, Croatian and European Perspective -- Chapter 7. The Role of Civil Society in the Control of Public Power -- Chapter 8. Basic Features of the Constitutional System in Kosovo -- Chapter 9. Role of the Constitutional Justice in Controlling the Balance between State Powers in the Republic of Moldova -- Chapter 10. Judicial Control of Public Power as Legal Instrument for Protection of Human Rights and Fundamental Freedoms in Ukraine -- Part II: Judicial Control, Its Effects and Limits -- Chapter 11. Respect for Judicial Precedent as a Limit on the Exercise of Public Power -- Chapter 12. Reception of the Proportionality Test by Chilean Scholars: A Critical Analysis -- Chapter 13. Constitutional Tribunals' Judicial Control of Public Power in Poland -- Chapter 14. The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power -- Chapter 15. The Project of Constitutional Reform in Austria -- Part III: Human Rights and Judicial Control -- Chapter 16. Consensus and the Intensity of Judicial Review in the European Court of Human Rights -- Chapter 17. The Jurisdiction on the Social Rights: A Conflict between the Courts and Public Power in the Italian Legal System -- Chapter 18. Depreciation of State Sovereignty at the Turn of the 21st Century -- Chapter 19. The International Criminal Court as an International Judicial Control of the National Public Power? (The ICC's Standpoint on the Complementarity Principle in the Prosecutor v. Simone Gbagbo Case) -- Chapter 20. Judicial Review of EU Legislation as an Instrument to Ensure Constistency of National and EU Law -- Chapter 21. The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System -- Chapter 22. Role of the European Court of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association -- Chapter 23. Beyond the Judicial Control of Public Power: The Horizontal Effects of Human Rights in Chile.
520 $a Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
650 0 $a Human rights. $3 554782
650 0 $a Judicial power. $3 593333
650 0 $a Rule of law. $3 562769
650 1 4 $a Law. $3 671705
650 2 4 $a Private International Law, International & Foreign Law, Comparative Law. $3 816047
650 2 4 $a Constitutional Law. $3 671565
650 2 4 $a Administrative Law. $3 670581
650 2 4 $a Public International Law. $3 816062
700 1 $a Arnold, Rainer. $3 1071505
700 1 $a Martinez-Estay, Jose Ignacio. $3 1142687
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer eBooks
830 0 $a Ius gentium: comparative perspectives on law and justice ; $v v.10. $3 887880
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-55186-9
950 $a Law and Criminology (Springer-41177)