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Comparative CONSTITUTIONAL JUSTICE

Lookup NU author(s): Dr Matteo Nicolini

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Publication metadata

Author(s): Nicolini M, Bagni S

Series Editor(s): Ferrari, GF

Publication type: Authored Book

Publication status: Published

Edition: 1

Series Title: Comparative Public Law Treatise

Year: 2021

Number of Pages: 246

Print publication date: 14/07/2021

Acceptance date: 01/06/2011

Publisher: Eleven Publishing

Place Published: The Hague

URL: https://www.boomdenhaag.nl/en/webshop/comparative-constitutional-justice

Notes: Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors’ behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation (‘nomocratic review’) to a maximum scrutiny encompassing all state activities (‘pantocratic review’). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.

Library holdings: Search Newcastle University Library for this item

ISBN: 9789462362239

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