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Lookup NU author(s): Dr Matteo Nicolini
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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
