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Rule of Law, Human Rights and Judicial Control of Power

Some Reflections from National and International Law

  • Rainer Arnold
  • José Ignacio Martínez-Estay

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 61)

Table of contents

  1. Front Matter
    Pages i-xi
  2. Rule of Law and Judicial Control of Power

  3. Judicial Control, its Effects and Limits

  4. Human Rights and Judicial Control

  5. Back Matter
    Pages 445-446

About this book

Introduction

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Keywords

Constitutional or Supreme Courts Control of Power by Administrative Justice Control of Power by Constitutional Justice Control of Power on the Regional Level Control of Power on Universal International Level Deference and Margin of Appreciation Impact on Public on Civil Law Importance of Power Control for Democracy Judicial Review and Its Limits Jurisdictional Control in General Jurisdictional Instruments Legal Control of Public Power Legality of Administrative Action Modern Constitutionalism Non-judicial Bodies Non-jurisdictional Legal Control Rule of Law Separation of Powers and Sovereignty Supreme Court Systems Theory of State

Editors and affiliations

  • Rainer Arnold
    • 1
  • José Ignacio Martínez-Estay
    • 2
  1. 1.Faculty of LawUniversity of RegensburgRegensburgGermany
  2. 2.University of the AndesSantiago, Las CondesChile

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-55186-9
  • Copyright Information Springer International Publishing AG 2017
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-55184-5
  • Online ISBN 978-3-319-55186-9
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site
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