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For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

Constitutional courts --- Democracy --- Cours constitutionnelles --- Démocratie --- Egypt. --- Law --- General and Others --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Supreme Constitutional Court of Egypt --- محكمة العليا --- مصر --- مصر. --- ممصر.

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In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate

Gays --- Sexual orientation --- Legal status, laws, etc. --- Law and legislation --- Constitutional courts. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Homosexuels --- Homosexuality --- Homosexualité --- Cours constitutionnelles --- Comparative law --- Droit comparé --- Droit --- Gay people

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This text elaborates a theory of constitutional politics. It examines the pan-European movement to confer constitutional review authority on a new governmental institution.

#SBIB:35H100 --- #SBIB:324H40 --- #A0108A --- 200 Politiek --- Bestuurlijke organisatie: algemene werken --- Politieke structuren: algemeen --- #A0309PO --- Cours constitutionnelles --- Pouvoir judiciaire --- Droit --- Aspect politique --- Public law. Constitutional law --- Political systems --- Europe --- Constitutional courts --- Judicial power --- Law --- Magistrature --- Droit et politique --- Political aspects. --- Law and politics --- Judiciary --- Justiciability --- Power, Judicial --- Constitutional law --- Courts --- Implied powers (Constitutional law) --- Judicial independence --- Separation of powers --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Cours constitutionnelles - Europe --- Pouvoir judiciaire - Europe --- Droit - Aspect politique

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Central European Constitutional Courts in the Face of EU Membership explores the enduring German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on its counterparts in Hungary and Poland. Such a model aims to protect Germany’s constitutional identity or essential core of sovereignty, the contents of which are not susceptible to transfer or limitation, in the face of the requirements of the Union’s constitutional legal order. The influence of this model on the two Central European courts has encouraged them to take an active part in negotiating the new multilayered judicial construct of Europe. Tatham thus firmly places the Hungarian and Polish constitutional courts within the overall context of the continuing dialogue between national courts and the Court of Justice in the evolution of the European constitutional space.

Constitutional courts --- Law --- German influences. --- European Union --- German influences --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- E.U. --- Cours constitutionnelles --- Droit --- Hongrie --- Pologne --- Influence allemande

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An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Constitutional history --- Constitutional law --- International organization --- #SBIB:340H30 --- #SBIB:340H80 --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Staats- en administratief recht --- Internationaal recht, algemeen --- Interpretation and construction --- Public law. Constitutional law --- International law --- Congresses --- Droit constitutionnel --- Histoire constitutionnelle --- Law --- General and Others --- Constitutional history - Congresses --- Constitutional law - Congresses --- International organization - Congresses --- Constitutional law - Europe - Congresses --- Constitutionnalisme --- Communauté internationale --- Organisations internationales --- Droit comparé --- État --- Cours constitutionnelles --- Pays de l'Union européenne --- Responsabilité (droit international) --- Responsabilité --- Unification internationale