Rule of Law, Human Rights and Judicial Control of Power: Some Reflections from National and International Law (Ius Gentium: Comparative Perspectives on Law and Justice Book 61)

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. -- Publisher's Website. Constitution And Judicial Review: Comparative Analysis / Emilio Alfonso Garrote Campillay -- On The Jurisdictional Control Of The Acts Of The Government Of Romania / Eugen Chelaru -- Judicial Review Of Public Power In Poland / Michał Jackowski -- To Be, Or Not To Be, That Is The Question: The Process Of Unconstitutionality Like An Abstract Judicial Review At The Peruvian Constitution / Carlos Hakansson -- Judicial Review And Public Power In Kenya: Revisiting Judicial Response To Select Political Cases / Luis Gabriel Franceschi, Linet Muthoni, And Emmah Senge Wabuke -- Direct Participation Of The People In Public Power: Advantages And Disadvantages Of A Referendum, Croatian And European Perspective / Biljana Kostadinov -- The Role Of Civil Society In The Control Of Public Power / María Pérez-ugena Coromina -- Basic Features Of The Constitutional System In Kosovo / Enver Hasani. Role Of The Constitutional Justice In Controlling The Balance Between State Powers In The Republic Of Moldova / Alexandru Tănase -- Judicial Control Of Public Power As A Legal Instrument For Protection Of Human Rights And Fundamental Freedoms In Ukraine / Victor Muraviov And Nataliia Mushak -- Respect For Judicial Precedent As A Limit On The Exercise Of Public Power / Santiago Legarre -- Reception Of The Proportionality Test By Chilean Scholars: A Critical Analysis / Ignacio Covarrubias Cuevas -- Constitutional Tribunals' Judicial Review Of Public Power In Poland / Boguslaw Banaszak -- The Margin Of Appreciation Of The Albanian Constitutional Court On The Constitutionality Of Emergency Decrees Of Executive Power / Arta Vorpsi -- The Project Of Constitutional Reform In Austria / Heribert Franz Köck -- Consensus And The Intensity Of Judicial Review In The European Court Of Human Rights / Soledad Bertelsen. The Jurisdiction On The Social Rights: A Conflict Between The Courts And Public Power In The Italian Legal System / Valentina Colcelli -- Depreciation Of State Sovereignty At The Turn Of The 21st Century / Mariusz Muszyński -- 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) / Péter Kovács -- Judicial Review Of Eu Legislation As An Instrument To Ensure Consistency Of National And Eu Law / Joanna Osiejewicz -- The Relationship Between Positive Obligations Of Incrimination Under The Echr And The Constitutional Principle Of Legality In Criminal Matters In The Italian Legal System / Francesca Polacchini -- Role Of The European Court Of Human Rights In The Turkish Constitutional Court's Rulings Regarding The Freedom Of Association / Selin Esen. Beyond The Judicial Review Of Public Power: The Horizontal Effects Of Constitutional Rights In Chile / José Ignacio Martínez-estay And Jaime Arancibia Mattar. Rainer Arnold, José Ignacio Martínez-estay, Editors. Includes Bibliographical References And Index. Front Matter....Pages i-xi Front Matter....Pages 1-1 Constitution and Judicial Review: Comparative Analysis....Pages 3-27 On the Jurisdictional Control of the Acts of the Government of Romania....Pages 29-52 Judicial Review of Public Power in Poland....Pages 53-66 To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality like an Abstract Judicial Review at the Peruvian Constitution....Pages 67-75 Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases....Pages 77-109 Direct Participation of the People in Public Power—Advantages and Disadvantages of a Referendum, Croatian and European Perspective....Pages 111-129 The Role of Civil Society in the Control of Public Power....Pages 131-148 Basic Features of the Constitutional System in Kosovo....Pages 149-176 Role of the Constitutional Justice in Controlling the Balance Between State Powers in the Republic of Moldova....Pages 177-188 Judicial Control of Public Power As a Legal Instrument For Protection of Human Rights and Fundamental Freedoms in Ukraine....Pages 189-197 Front Matter....Pages 199-199 Respect for Judicial Precedent as a Limit on the Exercise of Public Power....Pages 201-210 Reception of the Proportionality Test By Chilean Scholars: A Critical Analysis....Pages 211-242 Constitutional Tribunals’ Judicial Review of Public Power in Poland....Pages 243-257 The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power....Pages 259-270 The Project of Constitutional Reform in Austria....Pages 271-292 Front Matter....Pages 293-293 Consensus and the Intensity of Judicial Review in the European Court of Human Rights....Pages 295-311 The Jurisdiction on the Social Rights: A Conflict Between the Courts and Public Power in the Italian Legal System....Pages 313-326 Depreciation of State Sovereignty at the Turn of the 21st Century....Pages 327-341 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)....Pages 343-360 Judicial Review of EU Legislation as an Instrument to Ensure Consistency of National and EU Law....Pages 361-375 Front Matter....Pages 293-293 The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System....Pages 377-389 Role of the European Court of Human Rights in the Turkish Constitutional Court’s Rulings Regarding the Freedom of Association....Pages 391-422 Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in Chile....Pages 423-443 Back Matter....Pages 445-446 La 4e de couverture indique : "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."