European yearbook of constitutional law. safeguards and limits in a democratic society / Ernst Hirsch Ballin, Gerhard van der Schyff, Maarten Stremler, editors. 2019, Judicial power :
The 'European Yearbook of Constitutional Law' (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments i...
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| Other Authors: | , , |
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| Format: | Ebook |
| Language: | English |
| Published: |
The Hague, The Netherlands : Berlin :
Asser Press ; Springer,
[2020]
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| Series: | European yearbook of constitutional law ;
volume 1. |
| Subjects: | |
| Online Access: | Springer Humanities and Social Science eBook Collection 2020 English/International |
| Summary: | The 'European Yearbook of Constitutional Law' (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of 'safeguards' and 'limits' indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. |
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| Physical Description: | 1 online resource (xii. 333 pages). |
| Bibliography: | Includes bibliographical references. |
| ISBN: | 9462653585 9789462653580 9462653593 9789462653597 |