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The Judge as Political Theorist : Contemporary Constitutional Review / David Robertson.

By: Material type: TextTextPublisher: Princeton, NJ : Princeton University Press, [2010]Copyright date: ©2010Edition: Course BookDescription: 1 online resource (432 p.) : 3 tablesContent type:
Media type:
Carrier type:
ISBN:
  • 9780691144047
  • 9781400836871
Subject(s): DDC classification:
  • 347/.012 22
LOC classification:
  • K3175 .R63 2010eb
Other classification:
  • online - DeGruyter
Online resources: Available additional physical forms:
  • Issued also in print.
Contents:
Frontmatter -- Contents -- Preface -- Chapter One. The Nature and Function of Judicial Review -- Chapter Two. Germany: Dignity and Democracy -- Chapter Three. Eastern Europe: (Re)Establishing the Rule of Law -- Chapter Four. France: Purely Abstract Review -- Chapter Five. Canada: Imposing Rights on the Common Law -- Chapter Six. South Africa: Defining a New Society -- Chapter Seven. Tests of Unconstitutionality and Discrimination -- Chapter Eight. Conclusions: Constitutional Jurists as Political Theorists -- Cases Cited -- Bibliography -- Index
Summary: The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
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Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9781400836871

Frontmatter -- Contents -- Preface -- Chapter One. The Nature and Function of Judicial Review -- Chapter Two. Germany: Dignity and Democracy -- Chapter Three. Eastern Europe: (Re)Establishing the Rule of Law -- Chapter Four. France: Purely Abstract Review -- Chapter Five. Canada: Imposing Rights on the Common Law -- Chapter Six. South Africa: Defining a New Society -- Chapter Seven. Tests of Unconstitutionality and Discrimination -- Chapter Eight. Conclusions: Constitutional Jurists as Political Theorists -- Cases Cited -- Bibliography -- Index

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http://purl.org/coar/access_right/c_16ec

The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.

Issued also in print.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 29. Jul 2021)