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This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.

Constitutional law --- Constitutional courts --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort

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Constitutional courts --- -342.4 <44> --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- France. Conseil constitutionnel --- 342.4 <44> --- France.

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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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Constitutional courts --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Interpretation and construction --- Public law --- Administrative law --- Courts of special jurisdiction --- Courts of last resort

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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