Procedural and Organizational Aspects of Constitutional Justice in Albania

2020 ◽  
Author(s):  
Erind Merkuri, PH.D.
Keyword(s):  
Constitutional Justice

A Cosmopolitan Legal Order

2018 ◽  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan
Keyword(s):  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Theory ◽  
Nation State ◽  
Public Officials ◽  
Rights Protection ◽  
Perpetual Peace ◽  
The World ◽  
European System ◽  
Constitutional Justice

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Proportionality Balancing and Constitutional Governance

2019 ◽  
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Human Rights ◽  
Rights Protection ◽  
Law And Politics ◽  
Constitutional State ◽  
International Court ◽  
Wide Range ◽  
Constitutional Justice ◽  
Proportionality Test ◽  
Basic Features

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

scholarly journals Access to Justice and Democratic Governance in Cameroon: Which Lessons in the Light of Constitutional Justice?

2019 ◽  
Vol 9 (3) ◽  
Author(s):  
Florent Guy ATANGANA MVOGO
Keyword(s):  
Rule Of Law ◽  
Constitutional Law ◽  
Participatory Democracy ◽  
Democratic Governance ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Constitutional Justice

Through the constitutional law of January 18, 1996, Cameroon endowed itself with a constitutional justice. The question is to what extent do the mechanisms of access to constitutional justice contribute to the democratic governance of the country? To analyse this fact, it appears that the mechanisms of access to constitutional justice in Cameroon are highly prohibitive and deny the rule of law and participatory democracy; all things that are resolutely situated at the antipodes of a democratic governance.

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