Judges as Guardians of Constitutionalism and Human Rights - Hardcover

Hardcover

ISBN 10: 1785365851 ISBN 13: 9781785365850

Publisher: Edward Elgar Publishing, 2016

Synopsis

There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function.

The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.

This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.

Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka

About this title

About the Author

Edited by Martin Scheinin, Department of Law, European University Institute, Italy, Helle KrunkeMarina Aksenova, iCourts, Faculty of Law, University of Copenhagen, Denmark

Review

Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions. --Paul Lemmens, Judge, European Court of Human Rights

About this edition

• Publisher: Edward Elgar Publishing
• Publication date: 2016
• ISBN 10: 1785365851
• ISBN 13: 9781785365850
• Binding: Hardcover
• Number of pages: 400
• Editor: Scheinin Martin, Krunke Helle, Aksenova Marina