Rights before courts : a study of constitutional courts in postcommunist states of Central and Eastern Europe /
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| Author / Creator: | Sadurski, Wojciech, 1950- |
|---|---|
| Imprint: | Dordrecht ; Norwell, MA : Springer, c2005. |
| Description: | xviii, 377 p ; 25 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/5787585 |
Table of Contents:
- Part I
- 1. The Model Of Constitutional Review In Central And Eastern Europe: An Overview
- 1. The Emergence of the Current Model
- 2. The Powers of Constitutional Courts and Initiators of the Review Process
- 3. The Tenure and Selection of Judges
- 4. Constitutional Courts' Pursuit of a Monopoly over Constitutional Adjudication
- 2. Constitutional Courts In Search Of Legitimacy
- 1. The Legitimacy Dilemma
- 2. Constitutional Courts Between the Judicial and Legislative Branch
- 3. Why the "Continental" Model of Review: Reasons or Rationalisations?
- 4. Constitutional Courts as Protectors of Minorities?
- 5. Conclusions
- 3. The Model Of Judicial Review And Its Implications
- 1. Abstract Review
- 2. Ex-Post Review
- 3. Final Review
- 4. Conclusions
- 4. Constitutional Courts and Legislation.
- 1. The Impact of Constitutional Courts on Law-Making
- 2. Determinants of the "Strength" of Judicial Review
- 3. Constitutional Court and the Parliamentary Minority
- 4. The Question of Judicial Activism and Restraint
- 5. Conclusions
- Part II
- 5. Judicial Review and Protection Of Constitutional Rights.
- 1. Two Theories about Judicial Review
- 2. The Fact-Sensitivity of a Theory of Judicial Review
- 3. Rights Protection and Disagreement about Rights
- 4. Prudence and Judicial Review
- 5. Conclusions
- 6. Personal, Civil And Political Rights And Liberties.
- 1. A Right to Life and Dignity
- 2. Freedom of Religion
- 3. The Right to Privacy
- 4. Freedom of Movement and the Right to Choice of Residence
- 5. Citizenship and Voting Rights
- 6. Freedom of Petition, Assembly and Association
- 7. Freedom of Expression
- 8. Conclusions
- 7. Socio-Economic Rights
- 1. Controversy Around Socio-Economic Rights
- 2. Constitutional Catalogues of Socio-Economic Rights
- 3. The Status of Socio-Economic Rights
- 4. The Drawing of Distinctions Between Different Types of Rights by the Courts: Social Security Cases
- 5. The Right to Work
- 6. Rights to Health and Education
- 7. Conclusions
- 8. Equality And Minority Rights.
- 1. Equality and Constitutional Review
- 2. Gender and Sexual Orientation Equality
- 3. Special Case of Affirmative Action
- 4. Minority Issues in Central and Eastern Europe: An Overview
- 5. Constitutional Design of Minority Rights: Group or Individual Rights?
- 6. Linguistic Rights
- 7. The Special Case of Minority Representation in Public Authorities
- 8. Conclusions
- 9. "Decommunisation", "Lustration", And Constitutional Continuity
- 1. Main Dilemmas Raised by Decommunisation and Lustration Laws
- 2. Lustration and Decommunisation in Central and Eastern Europe
- 3. Retroactive Extensions of Statutes of Limitation
- 4. Conclusions: Transitional Justice and Constitutional Continuity
- 10. Restrictions Of Rights
- 1. Constitutional Design of Limits on Rights
- 2. Constitutional Review of Statutory Limits on Rights: Proportionality Scrutiny
- 3. Other Standards of Rights Restrictions
- 4. Concluding Remarks on Rights limitations
- Conclusions
