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portada Constitutional Courts and Democratic Values: A European Perspective
Type
Physical Book
Publisher
Year
2009
Language
English
Pages
256
Format
Paperback
ISBN
0300148674
ISBN13
9780300148671
Categories

Constitutional Courts and Democratic Values: A European Perspective

Victor Ferreres Comella (Author) · Yale Univ Pr · Paperback

Constitutional Courts and Democratic Values: A European Perspective - Victor Ferreres Comella

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Synopsis "Constitutional Courts and Democratic Values: A European Perspective"

In this book, Víctor Ferreres Comella contrasts the European “centralized” 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 that―while the decentralized model works for the United States―there 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. 

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