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The Resource Where our protection lies : separation of powers and constitutional review, Dimitrios Kyritsis

Where our protection lies : separation of powers and constitutional review, Dimitrios Kyritsis

Label
Where our protection lies : separation of powers and constitutional review
Title
Where our protection lies
Title remainder
separation of powers and constitutional review
Statement of responsibility
Dimitrios Kyritsis
Creator
Author
Subject
Language
eng
Summary
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall. --
Assigning source
Provided by publisher
Cataloging source
YDX
http://library.link/vocab/creatorDate
1978-
http://library.link/vocab/creatorName
Kyritsis, Dimitrios
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Separation of powers
  • Constitutional law
  • Constitutional law
  • Separation of powers
Label
Where our protection lies : separation of powers and constitutional review, Dimitrios Kyritsis
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
24 cm
Edition
First edition
Extent
xi, 222 pages
Isbn
9780199672257
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)989039605
Label
Where our protection lies : separation of powers and constitutional review, Dimitrios Kyritsis
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
24 cm
Edition
First edition
Extent
xi, 222 pages
Isbn
9780199672257
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)989039605

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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