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Constitutional Courts as Positive Legislators A Comparative Law Study Hardback

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Constitutional Courts as Positive Legislators

A Comparative Law Study

Analyzes the role of constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights.

Allan R. Brewer-Car\u00EDas (Author)

9781107011656, Cambridge University Press

Hardback, published 19 September 2011

962 pages

24 x 16 x 4.1 cm, 1.34 kg

During the past decade the role of constitutional courts has dramatically changed. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislat]

Constitutional Courts as Positive Legislators A Comparative Law Study Hardback

Constitutional Courts as Positive Legislators

A Comparative Law Study

Analyzes the role of constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights.

Allan R. Brewer-Car\u00EDas (Author)

9781107011656, Cambridge University Press

Hardback, published 19 September 2011

962 pages

24 x 16 x 4.1 cm, 1.34 kg

During the past decade the role of constitutional courts has dramatically changed. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislat]

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