Constitutional Courts and Democratic Values
A European Perspective
VĂctor Ferreres Comella
- 288 pages
- English
- PDF
- Disponible sur iOS et Android
Constitutional Courts and Democratic Values
A European Perspective
VĂctor Ferreres Comella
Ă propos de ce livre
In this book, VĂctor Ferreres Comella contrasts the European âcentralizedâ constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the United States, in which courts deal with both constitutional and nonconstitutional questions.
Comella's systematic exploration of the reasons for and against the creation of constitutional courts is rich in detail and offers an ambitious theory to justify the European preference for them. Based on extensive research on eighteen European countries, Comella finds that centralized review fits well with the civil law tradition and structures of ordinary adjudication in those countries. Comella concludes thatâwhile the decentralized model works for the United Statesâthere is more than one way to preserve democratic values and that these values are best preserved in the parliamentary democracies of Europe through constitutional courts.
VĂctor Ferreres Comella is professor of Constitutional Law at Pompeu Fabra University (Barcelona). He is currently teaching Constitutional Law and European Community Law at the Spanish Escuela Judicial (Judicial School), where young judges are trained.