Overview

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a ""force for the good"", but rather subjects them to critical scrutiny.

Full Product Details

Author:   Wojciech Sadurski
Publisher:   Springer-Verlag New York Inc.
Imprint:   Springer-Verlag New York Inc.
Edition:   1st ed. 2005. 2nd printing 2007
Dimensions:   Width: 15.60cm , Height: 2.10cm , Length: 23.40cm
Weight:   1.250kg
ISBN:  

9781402069826

ISBN 10:   1402069820
Pages:   396
Publication Date:   20 December 2007
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   In Print  
Limited stock is available. It will be ordered for you and shipped pending supplier's limited stock.

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

Reviews

From the reviews: <p> In his book, Wojciech Sadurski considers an impressive range of countries in Central and Eastern Europe. In fact, he considers all of them richly illustrating arguments with selections of examples form the region a ] . The book is not only well-researched, but also densely written a ] . Sadurskia (TM)s book represents an excellent piece of work that challenges some well-established notions of constitutionalism a ] . (Philipp Kiiver, Maastricht Journal of European and Comparative Law, Issue 1, 2006) <p> Rights Before Courts is a well written account of the constitutional courts in Central Eastern Europe. It is a comprehensive and comparative review of the constitutional courts that have developed in these new democracies. a ] It is rich with case studies a ] . (Lynn M. Maurer, The Law and Politics Book Review, Vol. 15 (8), August, 2005) <p> Systems of unlimited parliamentary supremacy are now the exception rather than the rule in the West. a ] Sadurski addresses important questions a ] . Rights before Courts is a highly informative and very rich book. a ] His reflections on constitutionalism and legal theory are always to the point. In this book, he pays particular attention to the question of how effectively constitutional courts articulate and protect citizensa (TM) rights. (John W. Sap, European Constitutional Law Review, Issue 2, 2006)

From the reviews: ""In his book, Wojciech Sadurski considers an impressive range of countries in Central and Eastern Europe. In fact, he considers all of them richly illustrating arguments with selections of examples form the region ... . The book is not only well-researched, but also densely written ... . Sadurski's book represents an excellent piece of work that challenges some well-established notions of constitutionalism ... ."" (Philipp Kiiver, Maastricht Journal of European and Comparative Law, Issue 1, 2006) ""Rights Before Courts is a well written account of the constitutional courts in Central Eastern Europe. It is a comprehensive and comparative review of the constitutional courts that have developed in these new democracies. ... It is rich with case studies ... ."" (Lynn M. Maurer, The Law and Politics Book Review, Vol. 15 (8), August, 2005) ""Systems of unlimited parliamentary supremacy are now the exception rather than the rule in the West. ... Sadurski addresses important questions ... . Rights before Courts is a highly informative and very rich book. ... His reflections on constitutionalism and legal theory are always to the point. In this book, he pays particular attention to the question of how effectively constitutional courts articulate and protect citizens' rights."" (John W. Sap, European Constitutional Law Review, Issue 2, 2006)

From the reviews: In his book, Wojciech Sadurski considers an impressive range of countries in Central and Eastern Europe. In fact, he considers all of them richly illustrating arguments with selections of examples form the region ... . The book is not only well-researched, but also densely written ... . Sadurski's book represents an excellent piece of work that challenges some well-established notions of constitutionalism ... . (Philipp Kiiver, Maastricht Journal of European and Comparative Law, Issue 1, 2006) Rights Before Courts is a well written account of the constitutional courts in Central Eastern Europe. It is a comprehensive and comparative review of the constitutional courts that have developed in these new democracies. ... It is rich with case studies ... . (Lynn M. Maurer, The Law and Politics Book Review, Vol. 15 (8), August, 2005) Systems of unlimited parliamentary supremacy are now the exception rather than the rule in the West. ... Sadurski addresses important questions ... . Rights before Courts is a highly informative and very rich book. ... His reflections on constitutionalism and legal theory are always to the point. In this book, he pays particular attention to the question of how effectively constitutional courts articulate and protect citizens' rights. (John W. Sap, European Constitutional Law Review, Issue 2, 2006)

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