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Where our protection lies : separation of powers and constitutional review / Dimitrios Kyritsis.
Author
Kyritsis, Dimitrios, 1978-
[Browse]
Format
Book
Language
English
Εdition
First edition.
Published/Created
Oxford, United Kingdom : Oxford University Press, 2017.
Description
xi, 222 pages ; 24 cm
Availability
Available Online
Oxford Scholarship - Oxford University Press: Law
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
K3173 .K972 2017
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Details
Subject(s)
Separation of powers
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Constitutional law
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Summary note
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.--Provided by publisher.
Bibliographic references
Includes bibliographical references (pages 215-220) and index.
Contents
The possibility of constitutional theory
A moral map of constitutional polyphony
Are courts the forum of constitutional principle?
Against the democratic objection
A little less conversation, a little more action
Constitutional review in representative democracy
Two modes of judicial deference
Moral and constitutional rights
Dynamic separation of powers.
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ISBN
9780199672257 ((hardback))
0199672253 ((hardback))
LCCN
2017945359
OCLC
989039605
Statement on language in description
Princeton University Library aims to describe library materials in a manner that is respectful to the individuals and communities who create, use, and are represented in the collections we manage.
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Where our protection lies : separation of powers and constitutional review / Dimitrios Kyritsis. [electronic resource]
id
99125410661206421