Constitutional Courts as Positive Legislators : A Comparative Law Study
Book Details
Format
Hardback or Cased Book
ISBN-10
1107011655
ISBN-13
9781107011656
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Sep 19th, 2011
Print length
962 Pages
Weight
134 grams
Dimensions
24.00 x 16.00 x 4.10 cms
Product Classification:
Comparative lawCourts & procedureConstitutional & administrative law
Ksh 21,400.00
Publisher Out of Stock
0 in stock
Delivery Location
Delivery fee: Select location
Secure
Quality
Fast
This book analyzes the courts' role, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
During the past decade the role of constitutional courts has dramatically changed. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as ''positive legislators'', issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Get Constitutional Courts as Positive Legislators by at the best price and quality guaranteed only at Werezi Africa's largest book ecommerce store. The book was published by Cambridge University Press and it has pages.