Constitutional courts as positive legislators

a comparative law study

Constitutional courts as positive legislators
Allan-Randolph Brewer Carías, ...
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Last edited by MARC Bot
August 22, 2024 | History

Constitutional courts as positive legislators

a comparative law study

"This book analyzes the role of 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"--

"In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. 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"--

Publish Date
Language
English
Pages
933

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Edition Availability
Cover of: Constitutional courts as positive legislators
Constitutional courts as positive legislators: a comparative law study
2011, Cambridge University Press
in English

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Book Details


Edition Notes

Includes bibliographical references and index.

Published in
Cambridge, New York

Classifications

Dewey Decimal Class
347/.035
Library of Congress
K3370 .B739 2011, K3370 .B735 2011

The Physical Object

Pagination
xxviii, 933 p. ;
Number of pages
933

ID Numbers

Open Library
OL25076985M
ISBN 13
9781107011656
LCCN
2011002968
OCLC/WorldCat
698361347

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Download catalog record: RDF / JSON / OPDS | Wikipedia citation
August 22, 2024 Edited by MARC Bot import existing book
September 11, 2021 Edited by ImportBot import existing book
September 25, 2020 Edited by MARC Bot import existing book
November 9, 2011 Edited by LC Bot import new book
October 27, 2011 Created by LC Bot Imported from Library of Congress MARC record