
eBook - ePub
Judicial Review and Electoral Law in a Global Perspective
- 392 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Judicial Review and Electoral Law in a Global Perspective
About this book
This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy.
The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions.
To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters.
Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.
The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions.
To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters.
Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.
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Yes, you can access Judicial Review and Electoral Law in a Global Perspective by Cristina Fasone, Edmondo Mostacci, Graziella Romeo, Cristina Fasone,Edmondo Mostacci,Graziella Romeo in PDF and/or ePUB format, as well as other popular books in Law & Administrative Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Title Page
- Foreword
- Contents
- Contributors
- 1. Introduction
- PART I: THEORETICAL AND METHODOLOGICAL ISSUES
- PART II: THE EUROPEAN CONTEXT
- PART III: BEYOND EUROPE
- Index
- Copyright Page