Opis: Judges as Guardians of Constitutionalism and Human Rights

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.Contents:Preface1. IntroductionHelle Krunke and Martin ScheininPART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL2. On Judging Aharon Barak3. The Changing Understanding of Judicial LegitimacyOr Bassok4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human RightsHelle KrunkePART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United KingdomDavid Hope (The Lord Hope of Craighead)6. The Judiciary and the Surveillance State: General Trends and German ExperiencesWolfgang Hoffmann-Riem7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative PerspectiveTJ McIntyre8. Procedural Fairness and Judicial Review of Counter-Terrorism MeasuresDavid Jenkins9. The Judiciary in Times of Terrorism and Surveillance: A Global PerspectiveMartin ScheininPART III THE JUDICIARY IN TIMES TRANSITION10. The Role of the Judiciary in Egypt's Failed Transition to DemocracyAntoni Abat i Ninet11. The Russian Constitutional Court in International Legal DialoguesBakhtiyar Tuzmukhamedov12. Guides and Guardians: Judiciaries in Times of TransitionEbrahim AfsahPART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal CourtAnita Usacka14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights SystemCarlos Ayala15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the IndividualDavid Thor Bjorgvinsson16. The Task of Regional and International Courts in Guarding Constitutionalism and Human RightsMarina Aksenova and Geir UlfsteinIndex

Szczegóły: Judges as Guardians of Constitutionalism and Human Rights

Tytuł: Judges as Guardians of Constitutionalism and Human Rights
Wydawnictwo: Edward Elgar
ISBN: 9781785365850
Rok wydania: 2016
Ilość stron: 416
Oprawa: Twarda

Recenzje: Judges as Guardians of Constitutionalism and Human Rights