Constitutional review in Europe : a comparative analysis
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書誌事項
Constitutional review in Europe : a comparative analysis
（European and national constitutional law series, v. 1）
Hart Pub., 2015
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注記
"First published in hardback 2014"--T.p. verso
Includes bibliographical references (p. [441]-475) and index
内容説明・目次
内容説明
Adopting a comparative perspective, this book offers a comprehensive study of the institution of constitutional review in 11 European countries (Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland and the United Kingdom) as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. More particularly, the raison d'etre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level.
' ... a highly welcome contribution as a well-researched handbook for all those interested in comparative constitutional legal studies in the Member States and the EU constitutional legal order'. Benedikt Pirker, European Law Blog
' ... this book is a veritable tour de force as it is a tour d'Europe. Comparative analysis of constitutional review from a neutral perspective encompassing eleven states and the EU, is a highly ambitious project, one that de Visser has achieved in accomplishing with great skill and eloquence'. Joelle Grogan, EUtopia Law Blog
'Ultimately, Maartje de Visser's comparative contribution to the exploration of the constitutional review issue should be warmly welcomed as an even-handed, lucidly written and insightful addition to the ever-swelling body of scholarship in this area ... the author has managed to construct, without superficiality and with well-paced order, a comprehensive and credible survey of constitutional review practices across Europe - a survey that is at once a heavy-duty piece of scholarship and a generally fascinating book'.
Joseph Tomlinson, Cambridge Law Journal
'[T]his book should be considered the new compulsory starting point for anyone interested in any key aspect of the constitutional adjudicatory process, and wishing to be quickly able to rely on authoritative points of comparison ... [I]t is difficult not to be struck by the quality of the research undertaken and the subtle nature of the analysis ... Written in an engaging style, which constantly holds the reader's attention, de Visser's monograph makes a decisive contribution to our understanding of the institution of constitutional review in Europe. There is little doubt that it will become a classic reference for the practitioners, academics and students of comparative constitutional law'.
Laurent Pech, International Journal of Constitutional Law Blog (ICON-NECT)
目次
Introduction
Introductory Definitions: Constitutional Interpretation and Constitutional Review
Background: The Need for a Perspective Combining National and European Constitutional Law
Objectives
Method
Terminology
Structure
Chapter 1
The Role of Non-Judicial Actors in Upholding the Constitution
I. Introduction
II. Councils of State and Chancellors of Justice
III. Parliament and its Committees
IV. Heads of State
V. The People
VI. Concluding Remarks
Chapter 2
The Rise of Constitutional Adjudication
I. Introduction
II. The Notion of 'Constitutional Jurisdiction'
III. Exploring the Reasons behind the Rise of Constitutional Adjudication
IV. Bucking the Trend? A Closer Look at the Approaches of the Netherlands and the United Kingdom
V. Concluding Remarks and Some Brief Reflections on the Two European Courts
Chapter 3
Purposes of Constitutional Adjudication and Access to Constitutional Courts
I. Introduction
II. The Institutional Design of Constitutional Adjudication
III. Four Purposes that May be Served by Constitutional Adjudication
IV. Final Comparative Remarks and Reflections on the Court of Justice
Chapter 4
The Constitutional Bench
I. Introduction
II. Selection and Appointment Procedures
III. Number of Judges and Eligibility Criteria
IV. Tenure of Judicial Appointments and Termination Thereof
V. Final Comparative Remarks and Reflections on the Court of Justice
Chapter 5
Identifying the Sources of Standards for Constitutional Review
I. Introduction
II. Belgium: Cour constitutionnelle
III. Czech Republic: Ustavni Soud
IV. Germany: Bundesverfassungsgericht
V. France: Conseil constitutionnel
VI. Hungary: Alkotmanybirosag
VII. Italy: Corte costituzionale
VIII. Poland: Trybunal Konstytucyjny
IX. Spain: Tribunal Constitucional
X. The Netherlands: Raad van State
XI. United Kingdom: House of Lords Constitution Committee
XII. Finland: Perustuslakivaliokunta
XIII. European Union: Court of Justice
XIV. Comparative Remarks
Chapter 6
Testing and Remedying Unconstitutionality
I. Introduction
II. Deference Rhetoric
III. Theory of the Living Law
IV. Constitution-Conform Interpretation
V. Types of Judgment and their Effects
VI. Concluding Remarks
Chapter 7
Interplay between Constitutional Courts and Other Actors
I. Introduction
II. Interactions between Constitutional Courts and (Constitutional) Legislatures
III. Interactions between Constitutional Courts and the Ordinary Courts
IV. Interactions among European Constitutional Courts
V. Interactions between Constitutional Courts and the Court of Justice
VI. Interactions between National Highest and Constitutional Courts and the European Court of Human Rights
VII. Concluding Remarks
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