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The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.
Constitutional courts --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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Constitutional courts. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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Constitutional courts. --- Tribunales constitucionales. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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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. --- Constitutional courts --- Decision making. --- 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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Based on unprecedented access to information, Government and Politics in Hungary provides not only a historical overview but also an analysis of the main political actors, constitution, electoral system, parliament and political parties of Hungary.This timely and detailed analysis contains a wealth of important data which serves two major objectives. The first is to survey the most important institutions of the political and governmental systems and the cultural and behavioural characteristics of Hungarian politics. The second, is to provide the reader with a clear understanding of the two-way relationship between cultural-behavioural and constitutional-institutional levels of politics in Hungary. The book challenges many stereotypes of post-communist political literature and reveals why Hungarian politics does not fit into many of the generalizations and 'pigeon holes' of contemporary political science.
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This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
Constitutional courts --- Constitutional law --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- South Africa. --- Constitutional Court of South Africa
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Extraordinary remedies --- -Constitutional courts --- -Extraordinary remedies --- -Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Special proceedings --- Actions and defenses --- Civil procedure --- Equitable remedies --- Equity --- Judicial review of administrative acts --- Remedies (Law) --- Constitutional courts --- Courts, Constitutional
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Public law. Constitutional law --- France --- Constitutional courts --- -Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- France. Conseil constitutionnel --- Theses --- -France. Conseil constitutionnel --- France.
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